University of California
At Los Angeles The Library
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J
87 1C 4
This book is DUE on the last date stamped below
Form L-9-10m-3,'27
MESSAGES AND PEOCLAMATIONS
OP THE
GOVEENOKS OF IOWA
THE
MESSAGES AND PROCLAMATIONS
OF THE
GOVERNORS OF IOWA
COMPILED AND EDITED BY
BENJAMIN F. SHAMBAUGH, A. M., Pn.D.
PROFBSSOR OF POLITICAI. SCIENCE IN THK UNIVERSITY OF IOWA
VOLUME V
PUBLISHED BY
THE STATE HISTORICAL SOCIETY OF IOWA IOWA CITY, IOWA
1904
94914
COPYRIGHT 1904 BY THE STATE HISTORICAL SOCIETY OF IOWA
PEEFACE
This volume of the ''Messages and Proclamations of the Governors of Iowa" includes the messages and proclama- tions of Governors John Henry Gear' (1878-1882) and Buren Kobinson Sherman (1882-1886).
The Administration of Governor Gear may be fittingly characterized as a business administration; for everywhere during his two terms of service a business character was stamped upon public affairs.
BENJ. F. SHAMBAUGH IOWA CITY, 1904
CONTENTS
GOVERNOR JOHN HENRY GEAR
PAGE
BIOGRAPHICAL SKETCH - - 3
FIRST INAUGURAL - 5
FIRST BIENNIAL MESSAGE - 21
SECOND INAUGURAL - ... - 89
SECOND BIENNIAL MESSAGE .... - 100
SPECIAL MESSAGES
To the Senate and House of Representatives - 178
To the Senate and House of Representatives - 178
To the Senate and House of Representatives - 179
To the Senate and House of Representatives - 179
To the Senate and House of Representatives - 182
To the General Assembly - 185 PROCLAMATIONS
Offering a Reward - - - 186
Offering a Reward ... - 187
On Tramps - - - 187
On the General Election - 189
Offering a Reward .... - 191
Offering a Reward - - - - - - 192
Offering a Reward - - - - 193
On Thanksgiving - - - - - - - 194
Offering a Reward - - 195
Offering a Reward - - - 196
Offering a Reward -- - --197
Offering a Reward - 198
Offering a Reward - - 198 Offering a Reward ... ...199
Offering a Reward -- ...-2 00
On the General Election - 201
Offering a Reward - 206
Offering a Reward .... . 207
viii CONTENTS
PROCLAMATIONS PAGE
On Thanksgiving - - 207
On Memorial Day - - 209
Offering a Reward - - 210
On the General Election - - - 210
On Thanksgiving - - - - 214
Offering a Reward - - - 215
Offering a Reward - - 216
Offering a Reward - - 217
Offering a Reward - - 217
On a Day of Prayer - - 218
On the General Election - - 219 On the Death of the President of the United States - 224 On the Funeral of the President of the United States - 226
On Thanksgiving - - - - - - - 227
On Election to Fill a Vacancy in the House of Repre- sentatives - 228 Offering a Reward - - 229
GOVERNOR BUREN ROBINSON SHERMAN
BIOGRAPHICAL SKETCH - - 233
FIRST INAUGURAL - - - - 235
FIRST BIENNIAL MESSAGE - - 253
SECOND INAUGURAL - - - 319
SECOND BIENNIAL MESSAGE <• 326 VETO MESSAGE
To the Senate - - 378 SPECIAL MESSAGE
To the General Assembly - - 380 PROCLAMATIONS
On Election to Fill a Vacancy in the House of Repre- sentatives - - - - 381 Offering a Reward - 382 On a Special Election - - - 383 On the Tornado 385 On the Result of a Special Election - - 386 Offering a Reward - 387 Offering a Reward - - 388 On the General Election 389
CONTENTS ix
PROCLAMATIONS PAGE
Offering a Reward - - 391
On Thanksgiving - 392
Offering a Reward - - - 393
Offering a Reward - 394
On the Death of Stephen Hempstead - - - - 395
On the General Election 396
On Thanksgiving - - - - - - -401
On the Death of Ralph P. Lowe .... 402
Offering a Reward - 404
On Election to Fill a Vacancy in the House of Repre- sentatives 405
Offering a Reward - 406
Offering a Reward 407
Offering a Reward 408
On the General Election - - - 409
On Closing the Executive Offices - - - - 413
On Thanksgiving 414
On Quarantine Against Pleuro-Pneumonia - - 415
On the Death of Ulysses S. Grant - - - - 416
Offering a Reward 418
On the General Election 419
Revoking Quarantine Against Certain States - - 423
On Thanksgiving 424
GOVERNOR JOHN HENRY GEAR
BIOGRAPHICAL SKETCH
John Henry Gear, Governor of Iowa from 1878 to 1882, was born at Ithaca, New York, April 7, 1825. His father, Ezekiel Gilbert Gear, was born at Pittsfield, Massachusetts, to which place the grandfather, Hezekiah Gear, had removed from Connecticut after the Revolutionary War. Ezekiel Gilbert Gear was educated for the ministry and was ordained as a clergyman of the Protestant Episcopal church in 1815. It was as a missionary to the Indian tribes that he removed to western New York.
At the age of two years John Henry Gear was taken to Pittsfield, Massachusetts, where he was cared for by his grandmother until 1831. In that year he was taken to Galena, Illinois, by his father. In 1833 Ezekiel Gilbert Gear removed to Fort Snelling, a frontier military post in what is now the State of Minnesota. Here the son, John Henry Gear, lived until 1843 when, at the age of eighteen, he left his home and went to Burlington, Iowa.
When Mr. Gear came to Iowa he first worked on a farm, but soon found employment in a store. In 1845 he entered the employ of Mr. W. F. Coolbaugh, a prominent merchant of Burlington, and at the end of five years was taken into the firm of Coolbaugh & Co. Later he became the sole pro- prietor of the business — that of wholesale grocer.
In 1852 Mr. Gear married Miss Harriet S. Foote, who proved to be a woman of more than ordinary ability. Throughout the public career of her husband she was his most trusted counselor and helpmate.
4 JOHN HENRY GEAR
Mr. Gear's first public position was that of Alderman from one of the wards of Burlington. In 1863 he was elected Mayor of this town. The Republicans first nomi- nated him for a seat in the General Assembly of Iowa in 1867, but this nomination he declined. In 1871 he was again nominated by his party, and having accepted the nomination was elected to the House of Representatives of the Fourteenth General Assembly. In this position he served for three successive terms. In the Fifteenth General Assembly he was chosen Speaker of the House of Repre- sentatives after a deadlock of nearly two weeks. He was reflected Speaker in the Sixteenth General Assembly.
In 1877 Mr. Gear was nominated and elected Governor of the State of Iowa by the Republican party, and in 1879 was chosen for a second term.
In 1881 he was defeated in his candidacy for a seat in the United States Senate. In 1886 he was elected to a seat in the lower house of Congress, and was reflected in 1888. He was defeated in 1890; but was re-seated in 1892. During the interim he served as Assistant Secretary of the United States Treasury. It was in January 1894 that Mr. Gear was elected by the General Assembly of Iowa to a seat in the United States Senate for the six year term beginning March 4, 1895. He was reflected to the Senate in Janu- ary, 1900, for the six year term beginning March 4, 1901.
In the city of Washington at four o'clock on the morning of July 14, 1900, Senator John Henry Gear, Ex-Governor of Iowa, died in his seventy -sixth year. He was buried at Burlington, Iowa.
FIRST INAUGURAL
JANUARY 17, 1878
From Pamphlet Edition of Address — in the Library of the State Historical Society of Iowa, Iowa City
Senators and Representatives:
In entering upon the duties of chief magistrate of the state, I recognize with gratitude the high honor conferred upon me by my fellow - citizens, trusting that time will evi- dence to them that they have not misplaced their confidence.
All the political parties in the state have adopted resolu- tions in favor of the remonetization of silver, which would lead to the inference that a majority of our people are united on this question; and it is to be hoped that congress will at an early day restore the coinage of the silver dollar and make it a legal tender for all debts not otherwise now pro- vided for by law. Gold and silver have been the "money of account" of the world for ages, and should be maintained as such. The effect of the restoration of silver to its former position in the finances of the nation will, in the opinion of many of the best writers on finance, advance its value and at the same time slightly depreciate the value of gold, and thus each would have a compensating effect on the other, and both metals be brought to a uniform value. Remone- tization of silver, in my opinion, would have a marked effect in helping to smooth the difficulties which in the minds of many now seem to surround the resumption of specie pay- ment.
MESSAGES AND PROCLAMATIONS OF
During the war and under the financial exigence of the times it became necessary in the wisdom of congress for the government to resort to the issue of paper money called "Greenbacks." This paper money was issued only under the war -power of the government, and it was made a legal tender for all debts with the exception of duties on imports and interest on the public debt. The legal tender act was really in the nature of a forced loan from the people. Since the day of the first issue it has never been at par with coin, owing to the fact that the government has not been in a financial condition to pay that which the paper promises called for, to -wit: " dollars." In 1875, congress enacted a law naming January 1, 1879, as the time at which the gov- ernment would redeem in coin its paper promises. Whether it was wise or not to name a special date by statute for re- sumption, or to leave it to the laws of trade to accomplish, is not now the question; but the passage of the resumption act itself was an evidence of the honest intention of the government to keep its promise by making its paper issues convertible into coin at the pleasure of the holder thereof. Political parties have been organized in this and other states with a view to have the government continue to issue irre- deemable paper- money to an unlimited amount, a policy, which if carried out — judging the future by the past history of nations which have resorted to this kind of currency — could not but result in bringing financial ruin on the nation. The large majority of the people of Iowa have declared by no " uncertain sound" their intention to stand by the policy of resumption, and have evidenced by their votes their faith in good money and in the ability of the country to resume
GOVERNOR JOHN HENRY GEAR 7
specie payment at an early day, and also their belief that, resumption once accomplished, coupled with the remoneti- zation of silver, the nation will enter on a new era of confi- dence and prosperity.
STATE FINANCES
My predecessor has called your attention to the specific condition and wants of the respective institutions of the state. The generous maintenance of our charitable and other institutions during past years is ample evidence that they will receive from you the careful consideration that they require. The charitable, educational, and penal insti- tutions of the state are growing "pari passu" with the state itself, and must of necessity call for the appropriation of large amounts of money for their support. While it is an imperative duty on the part of the state to support all her institutions in accordance with their necessities, yet strict economy should be the rule, and appropriations should be made only to meet their actual wants. It should also be borne in mind that, owing to the shrinkage and general re- duction of values during the past few years, and the near approach of our paper money to par with coin, a dollar to- day has a much larger purchasing power than at any time since 1862. It would therefore seem that small appropria- tions will be equal in their results to the large appropria- tions of former years, and it is an absolute necessity that our state finances should be in accordance with the new ad- justment of the monetary affairs of the nation. Past gen- eral assemblies have appropriated large amounts of money that were necessary for the erection and maintenance of our
8 MESSAGES AND PROCLAMATIONS OF
charitable institutions, for carrying forward towards comple- tion our new capitol, and for the expenses of the state. The appropriations amounted to more than the receipts of the state treasury from taxes and all other sources of revenue; consequently your treasury has not at all times been in funds to meet the warrants drawn thereon by the auditor of state, in pursuance of the acts of the general assembly. The state treasurer has been compelled to indorse the warrants "no funds," which causes them to bear interest at the rate of six per cent per annum. The result is that the state is now, and has been for some time, paying interest on quite a large amount of money. The fact that warrants are not paid on presentation causes contractors, and all others who do work or furnish supplies to the state, to charge higher prices than they otherwise would, in order to reimburse themselves for any loss that they might be subjected to by virtue of discount on the warrants, which, of course, is a direct loss to the state. Aside from the doubtful constitu- tionality of incurring a floating or any other kind of debt, except in the manner and for the purposes prescribed by the constitution, it should be the policy of a state which has such vast resources at her command as has Iowa, to be at all times in a financial condition to honor, at sight, all de- mands made on her treasury in pursuance of law. The state taxes during the past twenty - three years have aver- aged but a trifle over two mills on the dollar — and this on a very low valuation of property — and during this long term of years have been less than those of any other western state. This, coupled with the fact that the state has, com- paratively speaking, no debt, has doubtless contributed
GOVERNOR JOHN HENRY GEAR 9
largely to her growth and rapid increase of population, and it is most desirable for her prosperity and reputation abroad, that taxation should be restricted to the lowest possible point compatible with her actual necessities. I recommend that all appropriations of an extraordinary character, such as embrace the construction and repairing of the state build- ings, should be drawn from the state treasury in install- ments from time to time, as the work on such building pro- gresses, and then only on the filing of proper vouchers with the state auditor, that the amount drawn previously had been expended in accordance with the law appropriating the same. In view of the fact that the state has, falling due in 1881, $300,000 of "war and defense fund bonds," it will be well for this general assembly to consider the propriety of providing funds in order that the state may be in a position to honor her obligations at maturity. To do this and to meet extraordinary appropriations, — if any are made, — it will be necessary to authorize the executive council to in- crease the tax levy above two mills on the dollar, the max- imum now allowed by law.
TRANSPORTATION
Iowa being almost exclusively an agricultural state, and in fact, in the growth of some of the cereals being and is the leading state in the nation, the question of the transpor- tation of her products is a most important one to all her people. In the early history of the state, the great rivers which form her eastern and western boundaries were the only avenues by which our products sought a market. Within the past twenty years a system of railways has been
10 MESSAGES AND PROCLAMATIONS OF
constructed which penetrate nearly every county in the state. Owing to natural obstructions in the channel of the Missis- sippi river, and its virtual closing during the late war, our products have of necessity been carried to market by rail alone. By the recent completion of the canal around the rapids at Keokuk, and the apparent success of the system of jetties now in operation at the mouth of the river, where- by ships of large draught have easy access to New Orleans, thus giving additional facilities for the transportation of our products to foreign ports, it is plain to see that in the near future a healthy competition must arise between the railway and river systems of transportation, the benefits of which must accrue directly to our grain-producing interests, and it is to be hoped that congress will at an early date stimulate this competition, by a sufficient appropriation of money, to cause the further improvement of the navigation of the Mis- sissippi, and its tributaries, in order that Iowa, and all the states bordering on this great highway, may have the largest benefits possible to be derived from additional facilities in the transportation of their products.
The fifteenth general assembly enacted a law controlling the railways of the state in their charges for the transporta- tion of passengers and freight. The constitutionality of the law has been affirmed by the highest court of the nation. The principle of the control of railway and all other cor- porations, created by and under the statutes of the state, is based on a natural law and pertains to the state in her sovereign capacity, and cannot be surrendered. It therefore follows that the application of the principle becomes simply a question of policy. Railway and all other corporations
GOVERNOR JOHN HENRY GEAR 11
engaged in public business should be controlled by statute in such manner as shall work for the best interests of both corporations and state. While corporate property should be rigidly compelled to bear the same burden of taxation and responsibility to law that the state exacts from the in- dividual, it is also entitled to equal protection, in all its rights, to that which the law accords the citizen. It should be the settled policy of the state to encourage by wise and liberal legislation the investment of foreign capital within her limits — which is so much needed for her growth and development in the future, — and all legislation that may affect this future should be wisely considered. Every dollar of such capital, whether invested in railways, manufactures, or any description of corporate property, is an addition to the taxable property and permanent wealth of the state. The tariff law has been in operation something over three years, and ample opportunity has been given to observe its operations, and it therefore devolves on this general assem- bly to remedy its defects, if any have been developed. Some portions of the state favor the law as it is, while other sections ask for its modification on the ground that their products are taxed more for transportation than they should be, and that the law in its present form is a discrim- ination against their interests. These different opinions in regard to the law are the results of its workings in different localities, and this condition of affairs demands your careful attention as to the proper remedy. If on examination the law should be found to work injustice to any portion of the state, it ought to be modified, or some different application of the principle of control should be resorted to, in order
12 MESSAGES AND PROCLAMATIONS OF
that the producing interests of the state, which are the basis of her prosperity, may be harmonized and protected.
It is believed by many, and experience in other states would seem to give ground for such belief, that inasmuch as the decision of the supreme court of the United States has given the state absolute power in this matter there would be no necessity for the state to fix inflexible rates, and that the knowledge on the part of railway corporations, that the state may unrestrictedly exercise this power at any time, would insure on their part justice to the people and a ready obedience to the natural laws of trade. It may be well to consider whether it would not be for the best interest of the state to establish a board of commissioners — as has been done advantageously in other states — whose duty it should be to collate statistics in regard to the cost of constructing, maintaining, and operating railways, with authority to ex- amine into the causes and nature of accidents, to receive, record, and report grievances, abuses, and violations of law, and to make recommendations in relation thereto. By this method future general assemblies would have reliable data on which to base legislation.
EDUCATION
Our system of public schools is justly the pride of all, and their efficiency should be promoted by all proper means within our power. The large amount of money for their support, which is cheerfully paid by our people, year by year, evidences the interest taken by them in the cause of education. While the average daily attendance on the schools throughout the state is large, yet it will be found
GOVERNOR JOHN HENRY GEAR 13
on examination that a large percentage of children do not attend school at all, and it is to be feared that many of these are growing up in ignorance, which "is near akin to vice." The success of a republican form of government, such as we are blessed with, rests in a large degree on the intelligence of its citizens. Kecognizing therefore the broad fact that the education of all the people is for the best in- terest of the state and nation, has not the time come for Iowa, which has ever been foremost in fostering educational interests, to adopt some system of compulsory education? This might, as an experiment, be applied to children under fourteen years of age, who should be required by the law to attend either public or private schools, at the option of their parents, and the enforcement of the law might as part of the experiment be left to the local school - boards of the respec- tive school -districts. Compulsory education has been in operation in Germany for many years. In 1870, England adopted a "limited" compulsory education act, which left its enforcement to the local school-boards. In four years the law had been put in operation by the school-boards rep- resenting forty- six per cent of the population of that coun- try. Two years later, the act was made a general one. Scotland adopted compulsory education in 1872. The oper- ation of these laws in Germany, England, and Scotland, is reported as being eminently successful.
In our own country, Massachusetts, Connecticut, New York, Maine, New Hampshire, Michigan, Texas, Nevada, California, New Jersey, and Ohio have adopted laws in re- gard to compulsory education. In all these states it has been found to work beneficially, and the opposition which
14 MESSAGES AND PROCLAMATIONS OF
at first was manifested against the new system has ceased, and the better its workings are understood the more it is growing in public favor.
The state university is recognized by the constitution, and is under the guardianship of the general assembly. Its growth has been commensurate with the growth of the state. In order to enable it to fairly fulfill its part as an important factor, in our grand system of popular education, it should be supported by the state with generosity, and a due regard to its increasing necessities. Its revenues are not equal to its requirements, and it is compelled to come before the general assembly at each session as a suppliant for pecun- iary aid. The uncertainty, of the amount of the appropria- tions at the hands of the general assembly renders it im- possible for the board of regents to make any definite and comprehensive plan that would under more favorable pecun- iary conditions enable them year by year to develop the university to its largest degree of usefulness. A permanent appropriation of a certain sum annually — even if of a small amount — would accomplish this object at once, place it on a basis that could not but add materially to it efficiency, and in the course of a few years make the university what it was intended to be — the cap -sheaf of our educational system.
CITIES
The administration of the affairs of our cities demands your consideration and attention. While they are, comparatively speaking, yet in their infancy, it would be wise to adopt some uniform system of safeguards for the protection of the tax -payers, in order to prevent the loose and careless ex-
GOVERNOR JOHN HENRY GEAR 15
penditure of municipal funds of which the cities in some of the older states are now experiencing the bad results. It is already a cause of general complaint by the tax- payers of our cities that their municipal affairs are conducted too loosely and without due regard to their interests. Many of the cities are already hampered in their growth by debts in- curred for various purposes, which are increasing in amount year by year. No city should be permitted to contract an interest -bearing debt, without first submitting the question of incurring the same to a vote of the tax -payers, and it should be required that a specific fund should be provided to meet the interest, and a sinking fund to pay the principal of such debt at maturity; and more stringent statutes than we now have should be enacted forbidding municipal au- thorities from contracting floating debts predicated on an anticipation of their revenues. It is a common occurrence that improvements of streets are authorized, and contracts let, involving large sums of money, which do not benefit the citizens at large, but are a special benefit to a few. This is, perhaps, owing to the fact that the administrative affairs of our cities are vested in boards of aldermen, usually com- posed of from six to fourteen members, who are the imme- diate representatives of smaller municipal subdivisions — a fact frequently resulting in combinations which are preju- dicial to the general interests. It is a well-grounded con- viction in the minds of many that the financial interests of the cities of the state would be better subserved by placing the management of their affairs in boards of commissioners — elected at large — somewhat similar to the system under which the affairs of our counties are so well managed, and I
16 MESSAGES AND PROCLAMATIONS OF
suggest that a commission be appointed to report to this or the next general assembly the propriety of placing the cities and towns of the state under some more simple, uni- form, and economical system of municipal government than we now have.
COURT EXPENSES
I call your attention especially to the fact that the ex- penses attendant on and incident to our court system are large and increasing annually to a degree that causes serious ap- prehension and complaint on the part of the people. This demands your careful consideration, that remedial action may be taken which will give relief to the tax -payers.
ROADS AND HIGHWAYS
It is thought by close and competent observers that the present method of managing our public roads and highways is neither efficient nor economical, and that the time has arrived for a change. That the general condition of these thoroughfares is far from being satisfactory will not be denied, nor is it a matter of doubt that the losses imposed upon the community, by reason thereof, are enormous. The closing month of the year just past, during which an almost absolute embargo was laid on traffic, has furnished a vivid illustration of the importance of this subject, and its earnest and thorough consideration recommends itself.
CONVICT INSANE
Attention should be given to the report of the superin- tendent of the hospital for the insane at Mount Pleasant, in regard to the keeping of insane convicts in that asylum,
GOVERNOR JOHN HENRY GEAR 17
and to the bad results therefrom, for the reasons given in that report. It is clearly evident that this is detrimental to the other inmates of that institution. A suitable building could be erected on the asylum grounds at a small expense to the state, in which the insane convicts would have the requisite medical attention, and the other patients be spared the disturbing and demoralizing influences they are now sub- jected to.
PENITENTIAKY
Section forty -six hundred and sixty -seven (4667) of the code permits the wardens of the state penitentiary to draw from the general support fund of the prisons fuel, lights, and provisions for their families and guests. This is liable to abuse, and should be amended by paying the wardens a certain sum per annum in lieu of all allowances.
FEES AND PEEQUISITES
The custom of allowing state, county, or city officials fees as a part of or in addition to their salaries is a most pernicious one, and is demoralizing in its effects on the re- ceivers thereof. I recommend that all fees accruing to any officer, above the office of constable, be paid into the treas- ury entitled thereto, and that the state, county, and city officials be paid a fixed sum as salary.
POLICE
Section thirty -nine hundred and one (3901) of the code in regard to the sale of coal -oil and burning fluids should be amended. A large proportion of the coal -oil sold in the state is of the lowest grade manufactured. Many of the
18 MESSAGES AND PROCLAMATIONS OF
accidents resulting from the use of this article are directly traceable to the fact that the low grades of oil are highly in- flammable at a comparatively low temperature. The sale of all coal- oil of less than one hundred and thirty to one hun- dred and fifty standard fire -test should be prohibited.
A statute should also be enacted regarding the doors of buildings used for schools, churches, and other public assem- blages, which doors should be required to be constructed to open outward, in order that in case of fire egress from the same could be safely and speedily accomplished.
MEDICAL
I have been earnestly requested by the medical profession from different portions of the state to call your attention to the necessity of establishing a state board of health, such as our neighboring states have in operation, whose duty it should be to pass upon the qualifications of practicing phy- sicians, in order that the people may be protected from empiricism.
BOARD OF CHARITIES
I suggest that a state board of charities be established, whose duty it shall be to have supervision over the con- structing and repairing of all the state buildings used for charitable purposes, with authority to examine into their condition from time to time, and report the same to the general assembly at each session, coupled with such recom- mendations regarding their management and necessities as may in their judgment be best for the interest of the state and the institutions. The reports of the board would be found to afford a sure guidance for the general assembly
GOVERNOR JOHN HENRY GEAR 19
on which to base appropriations. The organization of a board of this character would relieve the general assembly from the necessity of appointing at each session "visiting committees" to inspect the state institutions. The states which have adopted this system have found it to work bene- ficially and in the interest of economy.
During the past year a kind Providence has rewarded the labor of the husbandman with bountiful returns, and the statistics show that the state has an immense surplus of grain and other products for export, the avails of which, even at the present low prices, must tend to the prosperity of all her people. The growth and development of the state since her admission into the Union has been onward and upward in a constantly increasing ratio. In the short space of thirty -one years her population has increased from less than one hundred thousand until to-day nearly one and a half million of free people are protected by her laws. Favorably situated in the valley of the Mississippi and on the great highway from ocean to ocean, with a rich and fertile soil, coal and other valuable minerals underlying large portions of it, a salubrious climate, railways penetrating nearly every one of her counties, thus affording facilities for the transpor- tation of her products, and in addition to these natural and material advantages, possessing an unsurpassed system of free schools ; Iowa offers extraordinary inducements to those seeking new homes, and must eventuate in making her at no distant day the center of population and seat of empire of the American nation. Your legislation should be broad and comprehensive, having in view not only the necessities
20 MESSAGES AND PROCLAMATIONS OF
of the present but also the prosperity and happiness of the millions who will succeed us.
Senators and Representatives: the people. of this com- monwealth have confided to you the legislative department of the state; to me they have intrusted the duties of the executive office. Both of these positions involve high and solemn responsibilities. Let us endeavor, by the blessing of Divine Providence, to fulfill our respective duties in such a manner that upon the laying down of our insignia of office we may have a comforting assurance that we have dealt justly by all, and benefited those for whom we have con- scientiously worked, and that to each will be said "well done."
JNO. H. GEAR.
FIKST BIENNIAL MESSAGE
JANUABY, 13, 1880 From, the Iowa Legislative Documents for 1880, Vol. 1
Gentlemen of the General Assembly:
In pursuance of custom, I call your attention to the reports of the several state officers and institutions, which show in detail the condition of the affairs of the state for the biennial period which has just closed; coupled with such recommen- dations as seem to me to be for the advantage of the state, and for the interests of her people.
THE FINANCES
The Auditor's report is herewith submitted, showing a detailed statement of the receipts and expenditures of the state for the biennial period; also the condition of the banks and insurance companies doing business in the state, to- gether with his suggestions in regard to the revenue, taxes, etc., etc.
The receipts of general revenue were $2,143,077.99; the disbursements by the Treasurer, including $27,328.36 of interest paid on warrants, amounted to $2,143,103.55; ex- ceeding the receipts $25.56, just the balance on hand at the beginning of the term. The receipts of the period exceed those of the one before by $159,607.34. The principal sources of this increase are found in the tax levy, which, including interest thereon, shows an augmentation of $53,-
22 MESSAGES AND PROCLAMATIONS OF
479.99; in the counties' insane dues, where the gain is $101,- 597.17; in receipts from the Ft. Madison Penitentiary, a new item, of $15,001.49; and in Orphans' Home dues from coun- ties, a new item also, of $10,349.95. A heavy falling off in taxes from insurance companies, amounting to $23,628.91, with decrease in a few other items, somewhat offsets the gains, so as to leave the net increase as indicated.
The expenditures proper of the term are shown in the warrants issued — $1,944,992.42, — and in mileage and other expenses of getting the revenue of the State treasury, $1,517.15, amounting to $1,945,509.57. The interest paid on warrants redeemed — $27,328.36, added, makes the total cost of the state government for the term, $1,973,837.93, a reduction from that of the previous biennial period of $259,959.46, and less than that of any preceding term for the past ten years. The amount of warrants issued was $274,813.40 less than in the previous term. Of this de- crease, $227,907.19 was in expenditures for buildings and improvements, and $46,906.21 in ordinary expenditures.
The Auditor estimates the receipts of the State from all sources for the current biennial period to be $2,077,575, and the expenditures to be $2,039,580; which includes the pay- ment of the $300,000 war and defense bonds maturing July 1, 1881. This will leave only $37,995 with which to meet $96,993.54 of outstanding warrants, to say nothing of spe- cial appropriations for public buildings, repairs, etc. If such appropriations are made, it will be necessary for your honorable body to make provision to meet the same, other- wise the treasury will not be in funds to honor the drafts made upon it.
GOVERNOR JOHN HENRY GEAR 23
The fact that the treasury is not in funds at all times to pay warrants on presentation compels the state to pay a large amount of interest, and in addition the warrants are at more or less discount, and contractors and others furnishing supplies to the different institutions charge higher prices to reimburse themselves for any depreciation to which they may be subjected by reason of the discount on the warrants. If the motto "Pay as you go" is good policy for an indi- vidual, it is certainly good policy for the State.
The report shows the gratifying fact that the taxes, dur- ing the past biennial period, have been much better paid than in former years, which denotes returning prosperity among the people.
The law for the assessment of the property of the state requires all property to be assessed at its cash value, and, if put in force as it should be, would accomplish the result intended. The assessment of property has been for many years but about forty per cent, of its real value. On this assessment of less than one -half of its real valuation the taxes have been levied; and the proceeds of the taxes levied have been, as a rule, ample to meet the current expenses of the state, counties and municipalities. The present mode of assessing has been the practice for so many years that it would seem almost impossible to correct the abuse of the law. If the property of the state were to be assessed at its real value — a consummation most desirable for her reputa- tion both at home and abroad — the result would be nearly, if not quite, to double the taxes, not only of the state, but of the counties, cities, and lesser taxing districts, by reason of the fact that the law permits the county and city author-
24 MESSAGES AND PROCLAMATIONS OF
ities to levy a certain percentage of taxes, which is usually done in most cases to the maximum limit. If the percent- age of taxes now authorized by law were decreased by about one half, the result, in my opinion, would be that the next assessment of property would be at, or nearly on a basis of, its cash value, while the aggregate of taxes would not be increased thereby.
An amendment to the law requiring each assessor to make oath to the board of supervisors that the provisions of sec- tion 824 of the Code had been carried out by him, and a provision that a failure on the part of the assessor to comply with the requirements of this section should debar him from receiving any compensation, would have a tendency to bet- ter enforce the law.
Your attention is especially called to that portion of the Auditor's report regarding the assessment of the personal property of the state, and the necessity for remedial legis- lation in order to secure a more equitable return and assess- ment of this class of property.
For reasons set forth in the report, I incline to the opinion that it would be good policy to make the taxes payable semi -annually. This practice has been in operation advan- tageously for many years in some other states.
Owing to the difficulty experienced by many of the coun- ties in loaning the school- fund at over eight per cent., I concur in the suggestions of the Auditor, that section 1882 of the Code should be amended, allowing to the counties all surplus of interest over seven per cent., in order that the counties may have some compensation for the trouble in supervising the loans, collecting interest, etc.
GOVERNOR JOHN HENRY GEAR 25
THE FUNDS
The State Treasurer's report shows the receipts and dis- bursements of the State for the biennial period, embracing general revenue, temporary school-fund, swamp land indem- nity fund, Agricultural College endowment fund, and mis- cellaneous.
The receipts from the above named sources have been $2,260,360.61, which, with the balance of $73,737.39, on hand September 30, 1877, make a total of $2,334,098. The disbursements for all purposes for the biennial period have been $2,259,910.63, leaving balance in the hands of the State Treasurer of $74,187.37. Of the balance on hand $2,226.65 belongs to the permanent school-fund, $217.85 to the coupon fund, and the remainder, $71,742.87 is in inter- est-bearing bonds, being trust-funds held by the State for the benefit of the Agricultural College.
The report shows the State finances to be in much better condition than at the same time two years ago, the amount of warrants outstanding September 30, 1877, being $267,- 776.31, and the amount outstanding September 30, 1879, to be only $96,993.54, being a decrease of $170,782.77. Since the close of the fiscal term, the amount of outstanding war- rants has increased until, on January 5th, it reached $130,- 361.42. Two years ago, at the same date, it was $340,- 826.56; decrease in the two years, $210,465.14.
By reference to the Auditor's report, page 3, it will be seen that the State funds in the hands of the respective county treasurers of the state, on September 30, 1879, amounted to $116,817.09, more than sufficient, when paid in, to meet the outstanding warrants at that date. This
26 MESSAGES AND PROCLAMATIONS OF
gratifying improvement has been accomplished by the re- ductions made by the Seventeenth General Assembly, in the allowances for support-funds to the State institutions, by reductions in salaries, in incidental additions to the revenues of the State such as taxation of telegraph lines, and by the repeal of the law allowing county treasurers mileage for paying funds into the State treasury, etc.
The report shows that the State has paid, during the last biennial period, the large sum of $27,328.36 interest on State warrants, for the reason that the State treasury has not been in funds to meet the warrants on presentation, while an analysis of the reports made by the State institu- tions will show that there has been paid, in discounts on State warrants and interest, $5,365.29, aggregating the in- terest loss to the State from these sources to be $32,693.65, a condition of affairs that demands your attention, in order to avoid a repetition of so great a loss in the future.
The funds in the treasury have been counted from time to time, as required by law, and have been found at all times to correspond with the amount called for by the Auditor's books.
STATE DEBT
The debt of the state is $545,435. 19. Of this amount $245.435.19 is due the permanent school -fund, part of it being made by article seven, section three, of the constitu- tion irredeemable. The remaining debt — $300,000 — was created under the acts of the special war session of the Eighth General Assembly in 1861, for purposes of war and defense. This debt matures July 1, 1881. It is undoubt- edly for the State's interest to pay this debt at maturity. If
GOVERNOR JOHN HENRY GEAR 27
this were done, Iowa would have the proud reputation of being almost the only State in the nation without a debt. Having this object in view, it will be incumbent on your honorable body to provide the means to accomplish it in such manner as your judgment shall dictate.
WAR CLAIMS
In pursuance of resolution empowering the Executive to appoint an agent to secure proper legislation to audit war claims due the State from the United States, I appointed Hon. Ralph P. Lowe as such agent, his compensation to be fifteen per cent, of the amount realized from the govern- ment.
INDEMNITY FUNDS
The following sums of money have been received by me from the United States in payment for swamp -land indem- nity, due the counties of the State, to- wit:
August 28, 1878, for Greene county $ 4,098.36
March 29, 1879, for Cass county 6,686.67
April 16, 1879, for Page county 857.09
May 17, 1879, for Calhoun county 94.56
May 17, 1879, for Taylor county 4,142.41
May 17, 1879, for Carroll county 720.37
May 17, 1879, for Cass county 100.00
$16,699.46
all of which has been paid into the State treasury, for which I have taken receipts in duplicate, retaining one, and filing one with the Auditor of State.
28 MESSAGES AND PROCLAMATIONS OF
PUBLIC LANDS
The report of the Register of the State Land -Office shows in detail the record of all lands patented to railways and persons, as provided by law. There are many of the early patent records which are in a bad condition. These records will be most valuable in the future, showing, as they do, a complete history of all the lands the title to which has been vested in the State. They should be rewritten in uniform books, which can be done at small expense.
There are many lakes in the State the title to which is in the United States government. Would it not be well to ask Congress to release the title to the State, in order to preserve them by legislation from drainage, keeping them as near as possible in their native beauty, to adorn the land- scape ?
I suggest that the Land-Office be made a record-office for the entire State government, and that all official bonds, and all articles of incorporation and other papers of which a record is desirable, be deposited in this office for record.
STATE LIBRARY
There has been added to the State library during the last biennial period over 2,300 volumes, mostly pertaining to the law, besides a large number of pamphlets. Over 1,200 of the volumes have been added by purchase, and the re- mainder by exchange and donation. Iowa has now one of the best law libraries in the nation. It is most desirable that the books should be kept in good order. This can only be done by retaining them in the library, as they soon become worn and damaged if permitted to be taken out.
GOVERNOR JOHN HENRY GEAR 29
Besides, many lawyers, and others, who come from a dis- tance to consult authorities, frequently find the books they need are in use outside the library. I recommend that the law be so amended as to forbid the taking of books out of the library by any person whatever. In view of the con- stantly increasing duties of the Librarian it would be advis- able to authorize the board of trustees to employ an assistant when in their judgment it shall be deemed necessary.
IOWA NATIONAL GUARD
The Adjutant -General's report shows that there are en- rolled, one regiment of cavalry, armed with saber, number- ing 344 rank and file; one regiment of artillery numbering 333 men, divided into ten batteries, each battery being equipped with one piece of artillery and the requisite num- ber of sabers; and nine regiments of infantry, numbering 4,158 enlisted men having 3,454 guns, most of which are breech-loaders. Of the appropriation of $5,000 made by the 17th General Assembly to carry into effect the "Mili- tary Code" there has been drawn and expended up to Sept. 30, 1879, $3,919.04, leaving $1,080.96 undrawn.
To organize the "Iowa National Guard" as provided for in the Military Code has involved a great deal of time and labor on the part of the Adjutant -General, and the State is to be congratulated on the fact that we now have an efficient military organization.
The law provides for encampments annually, but does not provide for the payment of the expense attending the same. This should be corrected, as it can hardly be ex- pected that the men who are enlisted in the service of the
30 MESSAGES AND PROCLAMATIONS OF
State for three years, should defray their own expenses. I suggest that an appropriation be made for this object. It would seem but just that the State should furnish one uni- form to each soldier once in three years, which could be done at small expense. If the men give their time to drill so as to be of use in case of need, it is only just that the State should bear the burden of the expense.
The labor imposed on the Adjutant -General by the Mili- tary Code is arduous and constantly increasing, and the compensation is too small. It should be increased to §1,500 per year.
COMMON SCHOOLS
The number of persons between the ages of 5 and 21 in the State by the last returns is placed at 577,353; the num- ber enrolled is 431,317; and the number attending school is 264,702; showing that a large percentage does not attend school. Of this percentage a small number should be de- ducted for attendance in private schools. Recognizing the fact that on the education of the youth of the commonwealth depends not only the welfare and happiness of the people, but also, the fitting of these youth to take their part in car- rying forward and better developing our form of govern- ment, it seems to me that the time has come when the Gen- eral Assembly should, by proper enactment, compel a better attendance on the schools, particularly of the youth of the cities and towns, where it will be found on examination that the percentage of non-attendance is the greatest.
While the educational part of our school system is well managed, the same cannot be said to be strictly true of the financial management in some of its details. It will be
GOVERNOR JOHN HENRY GEAR 31
found, on examination of the Superintendent's report, that there are 4,279 treasurers of school -districts in the state, who have in their hands the sum of $2,672,304.49. These treasurers received as compensation during the past year the sum of $48,834, and are delinquent to the school- fund for the year 1879 in the sum of $45,652.49; and the startling fact is shown that the deficiencies and defalcations of this class of officers from 1873 to 1879, inclusive, aggregates the enormous sum of $491,518.51. In view of these facts, would it not be better to abolish this office entirely, and place the funds in the hands of the respective county treas- urers, from whom the money could as easily be drawn, when needed, as under the present system. The advantages of having but 99 treasurers to make settlement with in place of 4,279, are too obvious to need any further comment. The compensation now paid to school treasurers, amounting to nearly $50,000 annually, would be a direct saving to the tax -payers.
On examination of the Superintendent's report it will also be found that of the large amount of money in the hands of school treasurers, $1,770,213.94 belongs to the teachers' fund, the same being a surplus of OWE fifty per cent of the amount paid to teachers annually. The fact naturally sug- gests itself that the amount levied for this purpose, annu- ally, is too much by this sum, and that it should be remedied by proper legislation.
An act passed by the last General Assembly depriving the presidents of boards of directors in independent districts of the right to vote, except in case of equal division, has called forth a good deal of complaint. To deprive a mem.
32
ber of a representative body of the right to vote is an anomaly in legislation, the results of which in this instance do not appear to commend it to favor. I recommend the repeal of the law referred to.
STATE UNIVERSITY
The receipts of the University from all sources for general and specific purposes, up to June 15, 1879, have been $125,- 126.36, of which there has been expended $121,511.58, leaving balance, in hands of the treasurer of the Univer- sity, of $3,614.78.
The University is in a flourishing condition, and evidences the wisdom of the Seventeenth General Assembly in doing away with the preparatory department. The collegiate and professional departments have already increased to a degree that about compensates for the loss of students occasioned by the abolishing of the preparatory classes.
The permanent endowment of $20,000 a year, made by the Seventeenth General Assembly, has had the effect to place this institution in an independent condition, so that plans can be made for the future, which have already given it an impetus for doing much more for education than could be done under the old system. The law department is growing in reputation, and is now more than self-support- ing, and I trust that the day is not far distant when the University will, by virtue of its increased revenues, be entirely self - supporting.
In view of the fact that many of the older law -schools of the country require a longer course of study before granting a diploma than is required in Iowa, would it not be well for
GOVERNOR JOHN HENRY GEAR 33
the General Assembly to enact a law requiring students to attend the University or other law - schools of the state for two years before receiving a diploma entitling them to prac- tice in the courts of the state?
NORMAL SCHOOL
The receipts of this institution from all sources, including a balance on hand of $187.27, have been $14,626.17, and the disbursements have been $14.453.93, leaving a balance in the hands of the treasurer of $172.24.
The Normal School is an important factor in the school system of the State; for in this institution a large and con- stantly increasing number of young men and women are be- ing fitted to take part in teaching in the public schools of the State. The better the teacher, the more value the tax- payers, on whom the support of the schools devolves, get for their money; and it would seem sound economy that the State should foster and provide for the wants of this insti- tution.
AGRICULTURAL COLLEGE
The receipts of the College, for the biennial period, in- cluding the sales of lands, the proceeds of which have been paid into the State treasury, have been $133,533.81. The disbursements have been $127,768.42, and the balance on hand of all funds is $5,765.39. The Seventeenth General Assembly appropriated for laboratory and sewer $3,972.25, which has been drawn and expended.
The United States donated to the State 204,206 acres of public domain for the purpose of founding an Agricultural College. Of these lands, 30,962 acres have been sold and
34 MESSAGES AND PROCLAMATIONS OF
the proceeds thereof, amounting to $71,742.87, have been paid into the State treasury, as provided by law. Of the remainder, 147,735 acres are under lease, and 25,580 acres are unleased.
The College has in addition 15,013 acres of land, which were purchased in 1868 with surplus interest funds at a cost of $15,000, of which 12,213 acres are leased, and 1200 are unleased; the remainder having been sold. The purchase of this land has been a most advantageous one, the College having already received over $22,000 in interest, and the remaining lands are constantly increasing in value.
The conditions made by Congress in donating these lands are specific and binding on the State, as shown by the Act of Congress, and the act of the General Assembly in accept- ing the grant. The conditions are that the State should forever maintain and keep in repair all the buildings neces- sary to carry on the institution, and also to "defray the expenses necessary to be incurred in the management of the trust " leaving the lands, and the interest accruing from the sale thereof, to be kept as a trust • fund for educational pur- poses. Under these conditions, it therefore becomes the bounden duty of the State to fulfill its part of the contract by erecting and maintaining the proper buildings. The edu- cational advantages accruing to the youth of the state in this institution, being of an eminently practical character, the results whereof must have a beneficial effect on her develop- ment, have not cost the tax -payers of the state a cent aside from the expense of the buildings, and in all probability never will, as the means of the College are ample and con- stantly increasing.
GOVERNOR JOHN HENRY GEAR 35
For the preservation of the leases and vouchers of the institution it is a necessity that there should be a vault built and a fire -proof safe purchased. The State Treasurer is by law the custodian of the trust funds of the College. The law should be amended so as to require him to make to the treasurer of the College quarterly statements of the receipts of interest. Pupils not less than 16 years of age are admitted on passing a certain examination. This provision as to age should be stricken out, and the only qualification for admis- sion should be an examination and general good conduct.
SOLDIERS' ORPHANS' HOME AND HOME FOR INDIGENT CHILDREN
The receipts of this institution from all sources, including a balance of $2,481.83 on hand October 1, 1877, were $43,- 367.61. The disbursements for all purposes have been $39,364.50; leaving a balance of cash on hand of all funds of $4,003.11; a detailed statement of all which is shown in the report.
The amount allowed by law for the support of this insti- tution is $10 per capita per month. The trustees, finding that this amount was not necessary for the support of the institution, have, for the past eleven months, drawn on the State treasury for only the sum of $8£ per month for each inmate. Had the amount they were entitled to draw from the State been drawn in full, their cash on hand would have been $2,500.83 more than it is. I make special mention of this action of the board as worthy not only of your consider- ation, but as an example of regard for the financial interests of the State worthy of emulation and imitation by other
36 MESSAGES AND PROCLAMATIONS OF
institutions. The management of the Home is excellent as to discipline, instruction, and financial economy. Consider- ing the miserable class of buildings, the results have been most creditable both to the board of trustees and to the superintendent and matron.
The State has forty acres of ground, all but eight acres of which, together with the buildings, were a donation to the State by the federal government. With the exception of four brick cottages which have been erected by the trustees from the savings from support funds, all the build- ings are wooden and of a temporary character, having been erected during the war for use as barracks and drill -rooms. If this institution is to be maintained, the General Assembly should make an appropriation of an amount sufficient to erect suitable cottages, inasmuch as those now in use are in a dilapidated condition, and will not do for occupancy be- yond the present year.
Within the limits necessarily prescribed in this message, it is not possible to present, as the merits of the subject really demand, the actually existing urgency for legislative action in the interests of the dependent and indigent children of Iowa. Careful attention to recently developing facts has served to convince me that the number and the needs of such children in this State are much greater than has been commonly supposed. The passage by the Sixteenth Gen- eral Assembly of the law permitting the admission of other than the orphans of Iowa soldiers to the Orphans' Home, has been followed by a steady unfolding of unmistakable evidence in this direction. Your attention is particularly invited to a single development of this fact as presented in
GOVERNOR JOHN HENRY GEAR 37
the report of the superintendent of the Orphans' Home. From this it appears that the benevolent intent of the Gen- eral Assembly as to indigent children has been frustrated to the extent of negativing the application for admission to the Home made in behalf of many of such needy and presum- ably suffering juveniles. These applications were rejected in almost every case only because the boards of supervisors of the respective counties upon which these children were chargeable declined to direct the placing of such children in the Home, where, under the existing law, the support would be chargeable upon the counties from which they might be received. In other words, the several boards of supervisors in question have preferred that the indigent children of their counties shall be either remitted to the tender mercies of the poor-house, or thrown upon the fitful charities of a world whose benefactions in such relation are as often harmful as helpful. These failures of the repective boards of super- visors to place the dependent children of their counties in an institution wherein education, careful training in good habits, regularity of employment in labor suited to capacity and age, and association in groups approximating the family relation would supplement mere provision for clothing and food, have certainly resulted from a mistaken policy. "Economy," falsely so-called, has incited to this. But the State may well inquire whether it can afford to allow any county to practice such "economy" at its expense and to the future peril of the property and lives of its citizens. No fact in social science is more clearly demonstrated than that the criminal classes find their most numerous and constant reinforcements from the ranks of the neglected, and hence
38 MESSAGES AND PROCLAMATIONS OF
the certainly soon to be vicious, children and youth. It is so much cheaper so to care for the indigent children of the State as that these may constantly be kept under the influ- ence of education, industry, and good morals, than to neglect them when children, and to provide for them in poor-houses, jails, and penitentiaries when adults, that a true regard for the interests of the tax- payers must, I am convinced, urge the General Assembly to a thoughtful consideration of the insufficiency of the existing laws in that regard. Such a consideration must impel to the conclusion that the State can neither afford to allow its dependent children to become " street Arabs" and " hoodlums" or permit them to be domiciled in poor-houses to be educated into perpetual pau- perism, or be started on the highway to the State's prison; for as Mr. Bonnes ville de Marsagny, a distinguished jurist of France, has forcibly said, "It is this wretched, ignorant, neglected infancy which at a later period will constitute the active body of criminals. Study the antecedent life of adult criminals and you will find that, with the greater part of them, the moral perversity which has caused their ruin dates from early childhood." This assertion of one who, as an associate member of the Parliamentary Commission on Prison .Reform, had rare opportunities for observation of the facts, has its absolute truth attested by a mass of concurrent testi- mony. Enough to say, that not only the evidence given by careful investigation, but a vast array of statistical facts proves that, in the words of the Cincinnati Prison Reform Congress, in its declaration of principles, "Preventive insti- tutions, such as truant-homes, industrial schools, etc., for the reception and treatment of children not yet criminal but
GOVERNOR JOHN HENRY GEAR 39
in danger of becoming such, constitute the true field of promise in which to labor for the suppression of crime."
The beneficence of an institution which cares for, edu- cates, and places in the highway to a noble womanhood and a useful manhood children left dependent upon the State, has been so thoroughly demonstrated in the case of our own Iowa Orphan's Home, that a single well -attested fact con- cerning results therein secured merits particular mention here. The fact is, that out of the whole number of inmates of that Home during the past twelve years only five per cent, have failed to lead respected and worthy lives.
Other States have fully demonstrated the wisdom of that philanthropy which gathers into an aggregation of cottage homes, like our Orphans' Home, children who are neither criminal, diseased, nor feeble-minded, but are simply indi- gent and without proper homes and care and therein shelters, clothes, feeds, and teaches them.
A single additional and startling fact earnestly enforces the foregoing statements and considerations. This is, that on the first day of October last there were, according to re- ports received from county auditors, no less than twenty-six girls and forty-four boys, over five years of age, kept in poor-houses in sixteen counties in this State. The attention of the General Assembly is earnestly invited to a considera- tion of the state of affairs in relation to the condition of indigent children in Iowa indicated by that fact.
It is clearly my opinion that a preventive will obviate the necessity for a cure; therefore the wants of the State, in the interest of a wise and true economy, demand such legisla- tion as will evermore prohibit the confinement of children
40 MESSAGES AND PROCLAMATIONS OF
over two years of age in any poor-house, and will require that in every case the child destitute of proper parental or other care on the part of relatives, or for whom no adequate provision is otherwise offered, shall be placed in the Or- phans' Home at the proper charge of the county in which residence has been legally established.
INSTITUTION OF THE DEAF AND DUMB
The Seventeenth General Assembly appropriated $40,000 for the rebuilding of the west wing, of which $34,322.92 have been drawn and expended, the balance — $5,677.08 — being undrawn, and, according to the report of the trustees, not needed. The $2,000 appropriated for furniture has been drawn, and $1,890.01 expended, leaving a balance in the hands of the treasurer of $109.99. The receipts from all sources for the biennial period, including balance on hand October 1, 1877, of $4,158.53, have been $61,568.90. There has been expended for the support and maintenance of the institution $50,516.64, leaving a balance in the hands of the treasurer of the board of trustees of $11,052.26.
The object of this institution is to educate the pupils, in order that when they go out into the world they may be able to make their own way. In view of the foregoing, I recommend the appropriation of $1,000 for the purchase of a printing press and material, in order that a portion of the inmates may be taught this most useful calling. Some of the States find it economical to have all their public printing done by this class of unfortunates. For the other wants of the Institution, I refer you to the report of the trustees. The Institution is flourishing, the sanitary conditions are
GOVERNOR JOHN HENRY GEAR 41
good, and the teachers seem to be heartily enlisted in their work.
In many institutions of this character good results have been obtained by the introduction of the "Articulation Sys- tem." I suggest that the trustees be instructed to employ one teacher, whose duty it shall be to teach the labial lan- guage.
CLAIM OF W. R. CRAIG
In August, 1868, W. R. Craig contracted with the com- missioners of the Deaf and Dumb Institution, to erect the building for the sum of $121,500. Pending the construc- tion of the building, changes were made by the commission- ers which materially enhanced the cost. The appropriation being exhausted, the commissioners were unable to pay him the amount of the contract, and Mr. Craig brought suit against them. The court decided that the commissioners were not personally liable, and as Mr. Craig could not sue the State he has not been paid. Pending the suit, the mat- ter was referred to Messrs. Finkbine, Dey, and Robertson, as experts, who gave their opinion that the claim was a just one. Mr. Craig has petitioned the last two General Assem- blies for relief. The committee on claims of both the Six- teenth and the Seventeenth General Assemblies reported favorably on the claim, and one house of the Seventeenth General Assembly passed the bill making an appropriation to pay Mr. Craig. The claim is, in my opinion, a just one, and the State should pay it, and I recommend, if on exam- ination the facts should be found as above stated, that an appropriation be made to pay the same. The State, in her sovereign capacity, debars her people from bringing suit for
42 MESSAGES AND PROCLAMATIONS OF
any claim they may have against her. It is, therefore, in- cumbent on her that all claims, when ascertained to be just, should be promptly paid.
COLLEGE FOB THE BLIND
Of the special appropriations for various purposes made by the Sixteenth and Seventeenth General Assemblies, amounting to $4,287.88, there has been expended $3,171.28, leaving a balance of $1,116. 60 in the hands of the treasurer. The receipts for support -funds, including balance on hand November 6, 1877, of $815.07, from the State and from all other sources amount to $52,708.53. There has been ex- pended $47,428.77, leaving a balance in the treasurer's hands of $5,279.76.
The trustees, in their report, ask for an appropriation to renew the plastering. This should be done, as the ceilings are in a dilapidated condition. I also recommend an appro- priation for a barn, which is indispensable for the protection of the stock.
The law creating this institution evidently intended it, as its name imports, a "College for the Blind." If this is true, some law should be enacted by the General Assembly regu- lating the age of admission. There are at present in the institution, as shown by the report, 20 persons whose ages are from 22 to 50, averaging a little over 30 years. Doubt- less the best thing to do would be to admit them between the ages of 5 and 21. If this is not done, in place of being a college where the blind are to be educated to earn their own living, it will soon degenerate into an asylum. Some latitude should of course be given to the trustees in regard
GOVERNOR JOHN HENRY GEAR 43
to those who seek admittance, for the purpose of learning such trades as are taught in this institution.
ASYLUM FOE FEEBLE-MINDED CHILDEEN
The Seventeenth General Assembly appropriated for spe- cific purposes $14,100, of which there has been expended $14,028.37, leaving a balance in the hands of the local treasurer of $71.63. The receipts of the institution for sup- port have been $29,247.28, and the disbursements $28,- 708.04, leaving a balance on hand of $539.24, and of all funds of $611.07.
In view of the fact that the State had no ground on which to erect the building authorized by the Seventeenth General Assembly, with due regard to economy, in connection with the main building, and the board of trustees not being authorized to divert the support-funds for this purpose, the superintendent, Dr. Archibald, at my suggestion, advanced the amount of $125, with which ground was purchased, and the title to the same was vested in the State. I recommend an appropriation for the amount to reimburse him.
The cooking-stove in use at the institution having given out and become useless, and the floor being worn out, and no funds other than support-funds in the hands of the trustees, the Executive Council, being satisfied of the necessity of replacing the same, appropriated from the providential fund the sum of $443.63 to cover the expense.
The needs of this institution, in some respects, are press- ing, especially for sewerage and a proper supply of water. It will be observed that a majority of the trustees recom- mend a removal of this institution. Of the necessity for
44 MESSAGES AND PROCLAMATIONS OF
this, the General Assembly must be the judge. If it be done, what is now a valuable property, on which a large amount of money has been expended, must go to waste.
The management of the institution is good, and in my opinion economical. For the other wants of this institu- tion, you are referred to the report.
HOSPITAL FOB THE INSANE AT MOUNT PLEASANT
The amount of special appropriations by the Sixteenth and Seventeenth General Assemblies, including $732. 67 on hand Oct. 1, 1877, is $25,556.95, of which there has been expended $24,865.72, leaving a balance in hands of the treasurer of $691.23. The receipts of the hospital during the biennial period, of support funds, including the balance on hand Oct. 1, 1877, of $1,875.20, have been from all sources, $224,152.01, and the disbursements have been $211,248.04, leaving a balance on hand of support funds of $12,903.97.
I deem it my duty to call your attention to the fact that the board of trustees of this institution has, in my opinion, violated the law which forbids a diversion of support-funds to other purposes. This fact came to my notice in examin- ing the vouchers of expenditures during a visit in April, 1879. Soon afterwards I wrote to the superintendent, ask- ing for information on this subject. Under date of April 23, 1879, the superintendent wrote me that from October 1, 1877, to April 1, 1879, there had been expended from the support-funds, for rock for walks $3,030. for lumber $1,747, for marble tile $368, and for iron for a new boiler, and the wages of an overseer during the construction of the same,
GOVERNOR JOHN HENRY GEAR 45
$1,560, aggregating $8,661. Of this amount, $2,324.64 was expended in building a road outside the limits of the property of the State. In addition there has been nearly as much more expended for labor, which, with $1,293.37 of the contingent fund, aggregates the sum of $16,807.95 ex- pended in making the permanent improvements and repairs above referred to. On May 21st, I addressed a letter to the president of the board of trustees, calling his attention to the fact that the board was violating the law; a copy of which, and of the president's reply, are on file in the execu- tive office.
While it is urged by the trustees — and I do not doubt with perhaps some justice — that the expenditures for these pur- poses were, in their opinion, a necessity, and while it is true that a certain latitude in regard to needed repairs — for which no funds are provided — must of necessity be accorded to the trustees, yet, as the General Assembly has in set terms declared that no funds should be used otherwise than as provided by law, boards of trustees of any of the State institutions should not be permitted, without proper rebuke, to expend support-funds for permanent improvements in such manner as their judgment or whims may dictate to be for the benefit of the institutions over which they are placed in special charge by the General Assembly. It is therefore desirable that the General Assembly should legis- late on this subject, in order to summarily stop boards of trustees from the diversion of support funds; otherwise the practice will soon grow into an abuse.
Two members of the board of trustees do not sign the report of the board, and give their reasons, which are ap- pended to the report.
46 MESSAGES AND PROCLAMATIONS OF
The appropriation asked for the purpose of completing the replacement of the sub-basement, is a necessity for the protection of the building, as is also that for hose for fire protection.
HOSPITAL FOR THE INSANE AT INDEPENDENCE
Of the $1,000 appropriated by the Seventeenth General Assembly for contingencies, there has been drawn and ex- pended $812.92, leaving a balance undrawn of $187.08. The receipts from all sources during the biennial period, including balance on hand October 1, 1877, of $3,001.09, have been $139,096.41, and the expenditures for support and maintenance amount to $129,771.53, leaving a balance of cash in the hands of the local treasurer of $9,324.88. I believe the fiscal affairs of this hospital to be managed strictly in the interest of economy.
The report shows, in its inventory of stock on hand, groceries, provisions, etc., amounting to $10,554.65, also live stock and farming utensils to the amount of $2, 640. It would be most desirable, for the information of the General Assembly, if all the State institutions would show in their biennial reports as complete an inventory of the stock and material on hand as this institution has done.
COMMISSIONERS TO BUILD THE HOSPITAL AT INDEPENDENCE
Since the last report to the General Assembly, there has been expended, in the erection of the additional section of the southern wing, $9,421.39, balance of funds appropriated by the Sixteenth General Assembly, and the $41,500 ap- propriated by the Seventeenth General Assembly, being a
GOVERNOR JOHN HENRY GEAR 47
total of $50,421.39. There has also been expended for furniture $5,500, and in the construction of a sewer $1,500 and $5,000 for gas-works; which amounts were appropriated by the Seventeenth General Assembly.
This building will be completed when two more sections are erected. Plans and estimates of the cost of the building with a reservoir and sewer, amounting to $105,000, will be found in the superintendent's report. The already crowded condition of both the hospitals for the insane, and the large number of this class of unfortunates, should indicate the necessity for completing this building at the earliest possible date consistent with the condition of the State's finances. If it is concluded to make the appropriation at this session, for the completion of this hospital, the cost could be materi- ally reduced by the amount of money necessary to purchase and cut the stone, which could be advantageously furnished from the State quarry at Anamosa and be cut by convict labor.
VISITING COMMITTEE TO THE INSANE HOSPITALS
Your attention is called to the report of the Visiting Com- mittee to the Hospitals for the Insane, and their recom- mendation in regard to an asylum for "incurables."
Returns from ninety-six counties show that there are in jails, poor-houses, and county asylums 368 insane persons, who are maintained at county expense. It is presumable that the larger portion of these are "incurables;" yet the care they receive cannot, in the nature of things, be so good as it would be in a well-ordered asylum. It is therefore evident that the time is not far distant when it will be in-
48 MESSAGES AND PROCLAMATIONS OF
cumbent on the State to provide additional accommodations for this class of unfortunates. The cost of the Mt. Pleasant Hospital has been a little over $1,000 a patient, and the cost of the Independence Hospital will be about $1,400 a patient. While these buildings have been erected with strict economy, yet the conviction must naturally force itself on the minds of the tax -payers that our public build- ings of this character are too expensive, and that structures which would cost much less per patient would answer the ends demanded. Some of our Eastern States are erecting asylums for "incurables" at a cost of about $250 to $300
per patient; an example worthy of your consideration.
i
INSANE CONVICTS
I have the honor to renew my recommendation made to the Seventeenth General Assembly regarding the convict insane. There are now in the two asylums eighteen insane convicts. For reasons which seem to me cogent, I think it bad policy to send insane convicts to the hospitals. A suit- able building can be erected by convict -labor at Anamosa at a merely nominal cost, which will be ample for this pur- pose for many years to come.
Of the special appropriations made by the Seventeenth General Assembly for the Reform School for different pur- poses, there has been drawn from the State treasury $2,825, of which $2,227.83 has been expended, leaving $597.17 in the hands of the treasurer of the institution. The receipts of support-fund excepting from the farm, which is shown in
GOVERNOR JOHN HENRY GEAR 49
the report of the superintendent, have been $45,823.50. There has been disbursed, for the support and maintenance of the inmates, $44,354.03, leaving a balance of support- fund on hand of $1,469.47, and a balance of all funds, in the hands of the treasurer of the institution, of $2,066.64. Of the receipts of the institution $2,068.50 were collected from a former treasurer, the remainder being from the State and incidental sources.
When the present superintendent, Prof. Winans, assumed charge of the institution, he found it incumbered with a debt of $9,000, which the trustees, by their negligence, had permitted the former superintendent to incur. By strict economy on the part of the present board of trustees, aided by the efficient help of the present superintendent, this debt has all been paid, except $251.15, out of the savings of the support-fund of the institution. I cannot commend too highly the economical management of this institution.
The discipline of the school is excellent, and carried on in a reformatory spirit. During the fall I appointed Hon. R. S. Finkbine and W. F. Hayden a special committee to in- spect the new building, which was erected some years ago, and still remains in an unfinished condition. Their report will be found in connection with the report of the trustees. To meet the growing wants of the State, it will be necessary to complete this building at an early date, and also to add a building suitable for a chapel and dining-room.
The girls' department is now located temporarily at Mt. Pleasant, in a property belonging to Col. Timothy Wtiting, under a lease of two years, the State having the option to extend the same three years longer. The State should take
50 MESSAGES AND PROCLAMATIONS OF
steps at an early date to procure a permanent location for this department of the School, as it is increasing in num- bers rapidly, and the necessity for more commodious quar- ters than it now occupies is imperative. In view of the experience, and bad results shown, in other states from placing both departments in the same vicinity, it would not, in my opinion, be desirable to locate the girls' department on the farm owned by the State at Eldora.
The discipline and educational advantages of the "girls' ' department of the School are excellent and of a beneficial character, the statistics of the institution, showing that over seventy per cent of the girls sent to the School have been reclaimed, and are following useful and honest avocations. This fact should be a most cogent reason for increasing, as far as possible, its usefulness.
Estimates for completing the new building and a wing are submitted by the trustees.
PENITENTIARY OF THE STATE AT FORT MADISON
The report of the financial affairs of the Penitentiary in- cludes a portion of the time when Seth H. Craig was warden, to-wit: from October 1, 1877, to March 8, 1878, when the present incumbent, Eli C. McMillan, took charge of the prison. The portion of the report pertaining to Craig's wardenship for that time is a transcript of the books, no vouchers for the disbursements being on file in the executive office. When Warden McMillan entered upon his duties, he received in cash from his predecessor only $66.73. For the purpose of enabling him to purchase supplies for the prison, I advanced to him, as provided by section 4, 787
GOVERNOR JOHN HENRY GEAR 51
of the Code, $6,092.34. Since that date the proceeds of the labor of the convicts have been more than ample to de- fray all the expenses chargeable to the support-fund. Of the $17,850 appropriated for specific purposes by the Sev- enteenth General Assembly, there has been drawn and ex- pended $15,158.69, leaving $2,691.31 undrawn from the State treasury.
The receipts from all sources for general support from March 8, 1878, to September 30, 1879, including the $6,092.34 advanced as above alluded to, have been $73,- 448.01. The disbursements from this fund have been as follows, —
For General Support $47,449.85
On account of sewer 5. 00
Paid into State treasury 15,001.59
!,456.44
leaving in the hands of the warden a balance of support fund of $1,155.76 in cash, and $9,831.81 in notes. In ad- dition the warden has on hand, as due to convicts, $297.27, and due to visitors' fund $315.69, making a cash balance of all funds in his hands of $1,768.72. Included in his avail- able assets are $9,831.81 in contractors' notes, alluded to above, falling due in a short time, and $3,039.05 due from contractors on open account, making an aggregate, with the cash on hand, of available assets, belonging to the support - fund of the prison, of $14,026.62.
The amount allowed by law for the support of the con- victs is seven dollars per month. During the time of Warden McMillan's incumbency, he has, by rigid economy
52 MESSAGES AND PROCLAMATIONS OF
and faithful attention to the interests of the State, supported the convicts, exclusive of salaries of officers and guards, at a cost of $6.40 per month: quite a contrast with the monthly expenditure of his predecessor, which was, as is shown by the report of the Investigating Committee of the Seven- teenth General Assembly, during his first term, exclusive of salaries of officers and guards, $11.35£, during his second term $17.34 1-6, and during his third term $15.26, being an average, during his six years' term of office, of over $14 per convict per month.
The convicts are well fed and clothed; the disciplinary and sanitary conditions of the prison are good; and the books are plainly and correctly kept. The Seventeenth General Assembly reduced the pay of both the clerk and chaplain. The salary now allowed these officers is entirely too low in view of the constant and arduous services they are called on to perform. The salaries should be made re- spectively $1,000 a year.
Finding that the surplus of convicts' earnings, over and above the cost of support, was accumulating in the warden's hands, I directed him to pay such surplus into the State treasury, which he has done from time to time up to Sept. 30, 1879, to the amount of $15,001.59, as is shown in his report, and the same has been increased at this date to $17,- 144.76.
The number of guards allowed by law is one for each ten convicts. This is beyond the needs of the prison. One guard for every fifteen convicts is, in my opinion, ample to maintain discipline. If this reduction in the number of guards were made, the current cost of the prison would be
GOVERNOR JOHN HENRY GEAR 53
largely reduced, and the convict earnings would make the prison nearly, if not quite, a self-supporting institution, and to this extent saving the state from expense.
The prison is heated by about 75 stoves, at a cost for fuel, as is stated by the warden, of about $6,000 for the biennial period. It could be heated by steam at small ex- pense, and a large amount now paid for fuel be saved. By the use of steam the cost and constant wear and tear of stoves would be avoided; and the safety of the prison from fire would be materially enhanced. The roof of the cell- house should be made fire -proof. As it is now, unless constant care and watchfulness be had, there is danger from fire.
An appropriation for a building for a laundry is a neces- sity. The blacksmith shop used by the Tool Company is badly ventilated, and needs enlarging. The expense, as shown by the report, would be small, and the improvement would be of great benefit to the health of the convicts who work in this shop.
The contract for the building, for which an appropriation of $10,700 was made by the Seventeenth General Assembly, was let by the Executive Council to the lowest bidder, and the structure has been completed in a substantial manner, answering most admirably the purpose for which it was designed.
THE CRAIG INVESTIGATION
The Seventeenth General Assembly continued as a com- mission the committee raised during the session to examine into the management of the Fort Madison Penitentiary dur- ing Warden Craig's six years' term of office, which com-
54 MESSAGES AND PROCLAMATIONS OF
mittee was unable to get through with the work before the close of the session. This commission had power to send for persons and papers. To meet the further expenses of the investigation, the General Assembly appropriated $3,000, of which $2,841.81 has been expended, as appears from the books of the State Auditor. The commission made report to me June 14, 1878. The document being quite volumi- nous, to save expense, I had only 1,500 copies printed, in place of the usual number authorized by law — 3,500 copies. The commission did not sum up the amount expended by Dr. Craig over and above the amount contemplated by law, but a careful estimate of the expenditure shows it to have been $137,605, which includes debts, owing to sundry parties when he went out of office, to the amount of $15,- 142.68. The commission also estimated that Dr. Craig sold lard, grease, offal, etc., which was the property of the State, and converted the proceeds to his own use, to the amount of $8,000.
The Seventeenth General Assembly by a concurrent reso- lution required the Attorney -General to commence suit against Dr. Craig. That officer being in ill health at the time, by his advice I appointed Galusha Parsons to aid in this matter. The case has been brought before the grand jury of the district court of Lee county, at Fort Madison, with a view to Dr. Craig's indictment for malfeasance in office, but that body failed to find a bill.
Civil suits against Dr. Craig and his bondsmen were com- menced in April, 1878, and have been pending in the courts up to this date — having been contested at every step by Dr. Craig's counsel. The expenses of the fees in the courts,
GOVERNOR JOHN HENRY GEAR 55
witness fees, and amount paid to counsel, are $2,373.50. If the State obtain a judgment, as she should, for the amount of the illegal and unwarranted expenditure, it is be- lieved that Craig and his bondsmen are perfectly responsible for the whole of it.
The debts, left unpaid by the late warden, before referred to, are for different kinds of supplies, and are due to sundry parties, as well as for various amounts due convicts, as shown in detail by Warden McMillan's report. While there is no doubt that Dr. Craig exceeded his authority in expend- ing the funds of the State wastefully and criminally, and that he had no legal right to incur any liability for the State, yet the majority of the parties of whom he bought supplies were not aware of this fact, and sold the goods on the credit of the State, and they should be paid. I recom- mend that an appropriation be made to cover the amount of the debts, and that the same be placed in the hands of the Executive Council to be disbursed on proof being furnished, by the parties to whom the debts are due, that the claims are just, and that the claimants were not in any way in collusion with Dr. Craig.
ADDITIONAL PENITENTIARY
The Seventeenth General Assembly appropriated $60,000 for the construction of the cell-house. Of this amount there has been expended $32,655.81. There was also ap- propriated $1,000 for the purchase of a stone quarry, which has been expended for that purpose. There was also appro- priated, for the purchase of tools, arms, scales, etc., $1,874, of which there has been expended $1,583.92, the remainder
56 MESSAGES AND PROCLAMATIONS OF
of the appropriation being undrawn. The work on the cell-house is well done, and can be completed for occupation early in the coming year. Nearly all the work, including the iron doors and gratings, has been done by convict-labor, the only expenditure for free labor being for overseers. The purchase of the new quarry is a most advantageous one for the State. The Chicago and Northwestern Railway Company has built a line to the quarry, and the warden has made a favorable contract for the transportation of stone to the prison, the saving in this item alone being over fifty per centum as compared with the old quarry. The new quarry will furnish all the stone needed for the prison for many years to come.
The construction of the cell-house has been somewhat de- layed by the old stone quarry giving out, and by reason of difficulty in obtaining a sufficient title to the new quarry. By reference to the report it will be seen that there is iron on hand sufficient to complete the cell -doors,' the gratings for the windows, and the balustrades and stairway; also the locks for the cell -doors have been contracted for. The pur- chase of this material, owing to the recent advance in metals, has saved the State quite a large amount of money. The Executive Council authorized the warden to contract with the Anamosa Water Company to lay their mains to the prison-yard. This has been done and gives protection to the property of the State in case of fire, as well as a supply of water for the use of the prison. The contract expires March 1, 1880. It is a favorable one for the State, and I recommend that the Executive Council be authorized to make a permanent contract with the water company. The
GOVERNOR JOHN HENRY GEAR 57
Executive Council was also authorized to employ a superin- tendent of construction at a compensation of four dollars per day. After a full examination of the needs of the work, the members of the Council were of the opinion that the present warden was competent to superintend the work, which he has done to their satisfaction for the past year and a half, without extra compensation, and the State has thus saved the amount that would have been necessary to have paid a superintendent of construction. Mr. William Foster, of the city of Des Moines, who made the original plans of the prison, has been employed as architect during the past two years at an expense of $271.
Martin Heisey, who was one of the original commission- ers, and as warden was the immediate predecessor of the present incumbent, incurred debts which were unpaid when he went out of office due to different parties, amounting to $1,148.40. These debts are for labor and supplies, and are due to a class of people who can ill afford to be deprived of their money, and I earnestly recommend their payment, with six per cent interest. The cost of supporting the con- victs was, for the first year of the biennial period $8.38, and for the second year $7.37, per convict per month, being less than the amount allowed by law, leaving a balance of sup- port-fund in the warden's hands of $3,808.31, and of all other funds of $497.44.
The management of the prison I believe to be efficient and economical. The books, under the charge of W. H. Pearson, clerk, are admirably kept, being models of neat- ness and accuracy. The law fixes the salary of the clerk at $60 per month, which is inadequate for the services per- formed.
58 MESSAGES AND PROCLAMATIONS OF
It is most desirable, for the future sanitary condition of the prison, to construct a sewer to the river. As the water- works of the city of Anamosa are located below the prison, it will be necessary to build the sewer to a point below the works nearly a mile. The water company have indicated their willingness to move their works above the prison pro- vided the State will bear a portion of the expense. If this were done, a sewer could be built to reach the river in 1,400 feet.
For the security of the inmates the construction of the wall should be prosecuted as rapidly as possible during the coming year. In connection with the warden's report, will be found a detailed estimate by the architect of the amount necessary to complete the work.
CONVICTS' GOOD TIME
In view of the fact that whenever the number of convicts at Anamosa becomes more than is necessary to construct the new prison, the surplus is transferred to Fort Madison, I recommend that the law for the diminution of sentence con- ditioned on good conduct be made uniform at both prisons.
FI8H COMMISSION
The appropriation to the fish hatching house was $6,- 683.86, which includes an unexpended balance of the former biennial period of $635.86 and $48 from incidental sources. There has been expended during the biennial period, $5,835.56, leaving a balance of $848.30 undrawn from the State treasury.
I believe that the money has been economically expended,
GOVERNOR JOHN HENRY GEAR 59
and the results in the future must be of great benefit to the people of the State. The taking of native fish, which would otherwise have been lost, from the ponds along the Mississippi river, and placing them in the waters of the State, is in my opinion worth the small amount that this Commission has cost. To make the work effective and profitable in its results, the law should be amended so that the putting in of fish-ways at all mill-dams would be compulsory. If this were done the fish could, in spawning time, have free ingress to all the rivers of the state. There are many beautiful lakes in the state which can be stocked with fish at small expense, thus making them pleasant places of resort.
The railways of the state have contributed largely to the work of the Commission in furnishing cars and transporta- tion for the distribution of fish. I recommend the continu- ance of the Commission.
EAILWAYS
The Seventeenth General Assembly repealed that portion of Chapter 68 of the Acts of the Fifteenth General Assem- bly which fixed the "schedule of rates," and enacted in lieu of it the present commissioner system. Under the present law the Executive was empowered "to appoint, by and with the consent of the Executive Council, three commis- sioners." The first board of commissioners consisted of Cyrus C. Carpenter, Peter A. Dey, and James W. McDill. The board is now composed of Marcus C. Woodruff, Peter A. Dey, and James W. McDill. It is made the duty of the board, under the law, to "inquire into, and report to
60 MESSAGES AND PROCLAMATIONS OF
the Governor annually, as to the condition of all the rail- ways operated by steam within the limits of the state." The commissioners were also authorized to receive and ex- amine all complaints made by the people of the state against the railways in regard to exorbitant charges for the trans- portation of freights; also the complaints of one railroad company against another in regard to freights, etc. That the law of the Fifteenth General Assembly had a tendency to re- strict capital from seeking investment in railway construction in the state is evidenced by the fact that during the four years it was in operation only 310 miles of railway were con- structed, and since the enactment of the present law nearly 700 miles have been constructed; over ninety per cent of the cost of which has been defrayed by the investment of for- eign capital; thus adding many millions of dollars to the permanent wealth and taxable property of the state. It will be found on examination that each and every complaint on the part of the people, or by one railway company against another railway company, regarding exorbitant charges for the transportation of freight, which has been made to the commissioners, has been carefully examined and amicably adjusted; all the parties in interest, with one exception, hav- ing accepted the decision of the commissioners, as they would have done the decision of the courts of the state. Under the workings of the law, a large amount of litigation has been avoided, and of course much money saved to the people. The interests of the producer and shipper and of the railways are mutual, and in my opinion at no time in the history of the state have these interests been in closer harmony than they are at this time, under the present sys-
GOVERNOR JOHN HENRY GEAR 61
tern. A careful examination and comparison of rates in Iowa and other states will show most favorably to Iowa interests.
I commend to your careful examination the elaborate and exhaustive reports of the commissioners, and most cordially indorse their recommendations.
THE NEW CAPITOL
There has been appropriated for the construction of this building the sum of $1,585,000, all of which has been ex- pended except $8,591.50, which remains undrawn in the State treasury. A detailed statement of the receipts and expenditures will be found on examination of the financial portion of the report.
If it is intended to have the building ready for occupancy by the next General Assembly, it will require an appropri- ation of at least $300,000. That amount of money in con- nection with the regular appropriation, can be expended to the advantage of the work, and make a great saving in the cost of construction, as will appear by reference to the re- port of the Commissioners. If the General Assembly con- clude to make the appropriation, it should be made as early in the session as possible, as no time should be lost in mak- ing contracts for material, and arrangements for the heating and ventilating of the building.
The work on the building so far as it has progressed is of the first order. No expenditure that would render it better or more permanent has been spared in the construction, and it seems important that the interior finish, both in work and material, should maintain the character established for the
62 MESSAGES AND PROCLAMATIONS OF
structure thus far. This will require, if the halls, library, and committee rooms on the senate and house floor are finished, the amount above suggested and all the time be- tween now and January 1, 1882.
REPAIRS OF PUBLIC BUILDINGS
Chapter 67, Acts of the Seventeenth General Assembly, forbids the officers or trustees of any of the State institu- tions from diverting the funds appropriated for any institu- tion to any use other than the specific purpose named in the act appropriating the funds. This law is practically a dead letter. At nearly all the State institutions the expenses of the current repairs are paid out of the support-funds, conse- quently the annual reports do not show exactly, as they should, the cost of supporting the inmates. These small repairs are unavoidable, and having no special funds for re- pairs the trustees have, of necessity, used the support-funds for this purpose. I recommend that the General Assembly make a special appropriation to each institution, to be desig- nated as a " Repair Fund," the disbursements of which should be kept separate from the disbursements of the sup- port-funds. If this were done an evil would be checked, which is rapidly growing into an abuse.
REDUCTION OF SUPPORT-FUNDS
The Seventeenth General Assembly reduced the allow- ance for the support of the inmates, of nearly all the State institutions, on an average, nearly twenty per cent., saving thereby to the tax-payers over $72,000 annually. As the reduction did not in all cases take effect until July, 1878, the expenditures of the institutions were greater for that year than for 1879.
GOVERNOR JOHN HENRY GEAR 63
The support of the College for the Blind is $36 per quarter. When it is taken into consideration that this insti- tution has an annual allowance of $8,000 per year for sala- ries, etc., I am of the opinion that its support-fund should be reduced from $36 to $30 per quarter.
The allowance for the support of the Institution for the Deaf and Dumb is $30 per quarter. In view of the fact that this institution has only nine months' instruction, and also has an allowance of $8,000 a year for salaries, etc., I recommend a reduction of the amount now allowed to $27 a quarter, which I am satisfied will be ample.
It will be seen that the cost of maintaining the Hospital for the Insane at Mt. Pleasant for the first half of the biennial period was $16.79 per inmate per month, while the cost at Independence was only $14.96, being $1.83 per inmate per month less than at Mt. Pleasant. The cost for the second year at Mt. Pleasant was $16.71 per inmate per month, while the cost at Independence was $13.12, being $3.59 per inmate per month less than at Mt. Pleasant. The Mt. Pleasant institution has drawn on the State treasury, during the whole biennial period, for the maximum amount allowed by law, while the institution at Independence, finding the maximum allowed by law — to-wit, $16 per month — was not necessary for the support of the inmates, has drawn on the State treasury for only its actual necessities. Had the trustees at Independence drawn what the law allows them on support funds, they would have drawn for $28,883.99 more than they have done. As it is, with a commendable con- sideration for the interests of the State, they have left this amount in the State treasury, and the expenses of this insti-
64 MESSAGES AND PROCLAMATIONS OF
tution to the tax-payers are thereby lessened to that extent. If it be true that a large number of persons can be sup- ported at a less cost per capita than can a smaller number, the natural deduction is that the expenses of maintaining the inmates of the Mt. Pleasant Hospital are too high, inas- much as this Hospital has a much larger number of inmates than has the Independence Hospital. In view of the fore- going I recommend that the allowance for the support of the insane be reduced from $16 per month to $14, as I am satisfied that this amount will be ample, as evidenced by the results at Independence.
The trustees of the Soldiers' Orphans' Home and Home for Indigent Children have evidenced their ability to sup- port the inmates for $8£ a month, while they are entitled to draw on the State treasury for $10 per month. I therefore recommend that the allowance to this institution be reduced to $8£ per month.
If these recommendations be adopted, the direct saving to the State for the remainder of the current biennial period — assuming that the law would go into operation March 1, 1880 — would, on the present number of inmates in the re- spective institutions be as follows: Insane, 932, @ $2 per month for 17 months. . .$31,688.00
Blind, 141 @ $2 per month 4,794.00
Deaf and Dumb, 170 @ $1 per month 2,890.00
Orphans' Home inmates, 130 @ $1. 67 per month 3, 690. 70 Estimate of reduction for guards, Penitentiary of the State, 12 guards at $45 per month (else- where proposed) 9,180.70
Aggregate saving $52,242.70
GOVERNOR JOHN HENRY GEAR 65
SUKPLUS OF SUPPORT FUNDS
An examination of the following table will show that the different state institutions had, on Sept. 30, 1879, in the hands of their local treasurers, the sum of $53,230.98, the same being mostly surplus of support funds:
Soldiers' Orphans' Home $ 4,003.11
Penitentiary at Fort Madison 1,768.72
Penitentiary at Anamosa 4,305.75
Asylum for Insane at Mt. Pleasant 13,595.20
Asylum for Insane at Independence 9,324.88
Institution of the Deaf and Dumb 11,159.25
College for the Blind 6,396.36
Reform School 2,066.64
Asylum for Feeble Minded Children 611.07
Total $53,230.98
On this large sum of money the State has paid during the past biennial period, assuming the amount constantly on hand to be one-half of this sum, over $3,000 interest on warrants, because the State treasury was not in funds to pay the same, and for the reason that the local institutions had drawn more money out of the treasury than they actually needed.
While the saving of support-funds is creditable to the gen- eral economy shown by the boards of trustees of the state institutions, yet some remedial action on this subject should be had, to prevent the accumulation of funds in the hands of local treasurers, whereby the state might be relieved from paying interest on the surplus.
The law for drawing support-funds for the eleemosynary institutions should be amended so that the funds should be
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drawn from month to month as needed. The executive is expected to exercise a supervisory care over the state insti- tutions. To do this in an intelligent manner, the requisi- tions for support-funds and the vouchers for the expenditures of the same should go through the executive office. The law should be framed so as to require the disbursing officers of the institutions to file with the Executive, on or before the 10th day of each month, a detailed list of the expense bills of the preceding month, the same being [audited by committees of the board of trustees, accompanied by the pro- per requisition for the funds to pay the same,^and on the certificate of the Executive the Auditor shoukldraw his war- rant for the amount. The bills should then be paid and duplicate vouchers taken therefor, one to be filed with the Executive and the other to be retained by the institution. By this method the Executive would at all times be exactly informed as to the financial condition of each and every one of the State institutions, and the amount of interest paid would be saved to the tax-payers.
EXECUTIVE SUPERVISION
The Governor is required by the constitution "to take care that the laws are faithfully executed." This he can do, however, only in accordance with the forms of law, which practically render the constitutional provision, one to be appealed to in general only as a last resort. Yet the exist- ence of this provision in the constitution is much more widely known than the legislation that limits its range, and practic- ally restrains it. Hence more is expected of the Executive than he has power to perform. The Code, title vin, chapter
GOVERNOR JOHN HENRY GEAR 67
7, provides that the Governor may make, or cause to be made, examination into the condition of the books, papers, vouchers, etc., under the control of any State officer, with power to take testimony, and if the same appears to be required for the public good to suspend such officer. But this provision of law has never been understood to apply to any of the State institutions, and can hardly be construed to do so. Section 132 of the Code subjects the books, accounts, vouchers, etc., of any State officer or institution to the inspec- tion of the Governor, or any committee appointed by him or the General Assembly; but no provision is made for any sub- sequent action, except as to the penitentiaries, even though the affairs of an institution may be found to be in anything but a healthy condition. There appears, in fact, to be no way provided by law for preventing misuse of public funds by trustees of State institutions. I am advised by the Attorney-General that such trustees cannot even be enjoined from diverting public funds from the uses designated by the law-making power, as, for instance, the use of support-funds for permanent improvements, etc. A statute of last session, it is true, provides a penalty for such diversion. But I regret to say that experience has shown that such a provision of law as a preventive does not accomplish the object intended. I cannot but think the Executive should be clothed with the same power with reference to State institutions as he has in regard to state offices. These institutions, like the State offices, are a part of the executive or administrative depart- ment of the government, and may, I think, with entire pro- priety, and in furtherance of the objects they were intended to subserve, be subjected to the authoritative supervision of the Executive.
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BOARD OF CONTROL
From the following table it will be seen that there are nine boards of trustees in charge of the state institutions, and a board of regents in charge of the University, (composed in all of fifty-one persons,) and that their per diem and mileage for the biennial period has been as follows:
Agricultural College $ 1,858.50
Asylum for Feeble Minded 1,056.40
Hospital for Insane at Independence 1,369.50
Hospital for Insane at Mt. Pleasant 1,503.05
Soldiers' Orphans' Home 313.60
Reform School 1,580.40
Normal School 760. 70
State University 2, 196.70
Institution of the Deaf and Dumb 1, 336. 20
CoUege for the Blind 1,468.60
Total $13,443.65
How best to manage educational, charitable, and penal institutions has attracted the attention and engaged the thoughts of many of the best minds and philanthropists of the day. The result has been in most cases, to create addi- tional supervisory boards, such as "Boards of Charities," "Commissioners," etc., all of which are expensive, and im- pose additional burdens on the tax-payers.
On examination of the workings of the system, I am clear in the opinion that, instead of increasing supervising boards, the best thing to do, in the interest of good govern- ment and economy, would be to reduce the number of boards.
GOVERNOR JOHN HENRY GEAR 69
If the eleemosynary institutions of the state were placed under one "Board of Control" consisting of three members, who should be paid a fair salary and actual traveling ex- penses, and be compelled to give their whole attention to the institutions, I am satisfied, from my two years' observa- tion and experience, that it would be found to work to the advantage of both the State and the institutions.
The Normal school should be placed in charge of the Eegents of the University. The Agricultural College, being an institution of peculiar character, should be left as it is. The Reform School, being to a degree penal, should be placed under the supervision of the Executive, as are the Penitentiaries. By adopting this system, there would be secured direct responsibility, simplicity of administration, and the elimination of influences which must necessarily grow up, owing to the fact that the various eleemosynary institutions are scattered around the state, instead of being all located at one place, which should have been the policy from the first. The purchase of supplies, such as fuel, groceries, etc., in large quantities by public bids, would be made at the minimum market rates; the keeping of the books of the institutions in a uniform simple manner, would work results which would in their economy save thousands of dollars annually to the State, and at the same time be beneficial to the institutions. The proposition is further commended by the additional fact that there would be but three boards with which to make settlements in place of ten which we have under the present system.
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IOWA WEATHER SERVICE
The 17th General Assembly established "a central station for the Iowa Weather Service, with Gustavus Hinrichs as director thereof." Of the $1,000 annual appropriation, there has been drawn and expended up to September 29, the sum of $1,751.40. The facts in regard to the clima- tology of the State, as collected by Prof. Hinrichs will be, in the future, of great value to our people, and an interest ing contribution to science.
CRIMINAL RETURNS
Your attention is called to the report of the Secretary of State, accompanied by the criminal statistics for 1878 and 1879. It is'most desirable that the criminal returns of the counties should be uniform and complete. I therefore recommend an amendment to the law, as suggested by the Secretary of State.
COURT EXPENSES
There is a growing, and in my opinion a just, complaint in the minds of the people that the expenses of our court system are too high, and that these expenses are growing in amount annually. That there is good foundation for this feeling will be evidenced by the following statement of the cost to the counties of the state for criminal prosecutions dur- ing the last four years.
Cost of criminal prosecutions in 1874 $188,846.38
Cost of criminal prosecutions in 1875 180,890.03
Cost of criminal prosecutions in 1876 235,187.42
Cost of criminal prosecutions in 1877 318,322.70
GOVERNOR JOHN HENRY GEAR 71
Cost of criminal prosecutions in 1878 303,668.13
Cost of criminal prosecutions in 1879 401,659.39
District Attorney's fees in 1874 18, 368. 19
District Attorney's fees in 1875 18,890.03
District Attorney's fees in 1876 22,071.87
District Attorney's fees in 1877 25,996.70
District Attorney's fees in 1878 23,260.35
District Attorney's fees in 1879 24,891.73
Total ...$1,762,052.92
Nearly $1,000 per day for each working day.
The above table shows that the expenses of criminal pros- ecutions have increased in amount since 1876 over seventy (70) per cent.
A comparison of these figures with the cost for criminal expenses in 1872 and a few subsequent years will be found of interest in discussing this question.
Criminal expenses in 1872 (69 counties report- ing) $ 97,620.06
Criminal expenses in 1873 135,256.34
District Attorney's fees in 1872 9,643.50
District Attorney's fees in 1873 14,844.89
Total $257,364.79
It will be seen that these expenses for each year since the enactment of the Code, which went into effect September 1, 1873, have been much greater than they were prior to the taking effect of the Code. It would therefore seem to be wise policy to repeal that portion of the Code, whereby these expenses have been so enormously increased, and return to
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the former system. The people look to you for relief, which I trust will be promptly granted.
As the State pays nearly all the fees in criminal cases the law pertaining to witnesses for the defense should be amended. When the accused is desirous of proving his character he should be limited in the number of witnesses. The practice of summoning an unlimited number of witnes- ses for this purpose has grown into an abuse and costs the tax-payers an enormous sum of money annually. »
I am satisfied that much of the expense attendant on our court system depends largely on the administrative ability of the judge. Improvement in this particular rests with the people in selecting judges. The judge has limited power to make rules for the governance of his court; but many do not like to take the responsibility. It therefore devolves on the General Assembly to provide by enactment the needed reforms.
The judiciary of the state are, almost without exception, of the opinion that it is desirable to do away with the grand jury system. This can only be done by amendment to the Constitution. The number of the grand jury is now fixed by law at fifteen, costing the counties thirty dollars per day during its session. Could not the work of this jury be as well done if it were reduced to five? This would save twenty dollars a day and the mileage of ten jurors, to the respective counties during the time of session.
All the fees allowed to magistrates, police judges, sheriffs, and constables, in criminal cases, can, in my opinion, be safely reduced at least thirty per cent, without impairing the administration of justice.
GOVERNOR JOHN HENRY GEAR 73
SHORT-HAND REPORTERS
Keturns from ninety-four county auditors show that their counties have paid during 1878 and 1879, the sum of $68,- 269.43 to short-hand reporters, for compensation at the rate of $8 per day, and for transcripts in criminal cases. The amount paid into the respective county treasuries in eighty - three counties for costs in criminal cases is but $1,029.61. I am informed by many district judges that the evidence taken by the reporters during criminal trials is of no value to them whatever, as the short -hand notes are not transcribed at the time of the trial, if at all, and the judge must, of neces- sity, in his instructions to the jury, rely on his memory, or on the notes he may make himself during the trial. It would seem, therefore, to be economy to abolish this office and thus save the tax-payers the amount now paid.
It is claimed that a good share of this expense in civil suits is taxed up to the litigants against whom judgment is ren- dered. This is true, but many parties are not responsible, and thus the loss falls directly on the tax -payers of the county. If litigants, in civil suits, wish the evidence in their cases preserved, they should have the privilege of so doing, but they should pay directly for it as they do for the serv- ices of their counsel.
CIVIL ACTIONS
It may be well to consider whether it would not be good policy to restrict the higher courts in their jurisdiction in civil cases, giving exclusive original jurisdiction in actions involving one hundred dollars or less to justices' courts. All such actions should be tried without expense to the public
74 MESSAGES AND PROCLAMATIONS OF
at the very doors of the litigants with or without a jury with the right to review upon writ of error or certiorari. This would save a large amount of trifling litigation, which now takes a good share of the time of the courts and costs a large sum of money.
Issues in all cases should be made up in vacation and not in term time. The court should be empowered to limit the time of arguments of counsel to the jury. It should be pro- vided that, previous to the time the calendar is made up for the term, parties shall demand a jury trial or not to be en- titled thereto and jury cases should be given precedence, so that the jury could be discharged when their business is completed. Provision should also, be made for the pay- ment of the jury by the unsuccessful party.
It may be worthy of consideration whether it would not be in the interest of economy, and not preventive of justice, to authorize by law a two-thirds of a jury in civil cases to render a verdict, instead of requiring unanimity, as is the law now. It may be claimed by those who oppose this change, that it would be to a large extent an innovation in American law, but the system has been tried in France, Scotland, and Germany for many years, and has been found to give satisfaction; and Texas and Nevada make provision therefor in their constitutions.
Plaintiffs in civil suits should, in the discretion of the court, be required to give bonds for costs.
ATTACHMENT SUITS
Since the repeal of the federal bankrupt law, individuals having claims against dishonest debtors are forced, in many
GOVERNOR JOHN HENRY GEAR 75
cases, to resort to a writ of attachment to secure payment. The first attachment served secures the debt of the creditor making the attachment, but it is, as a rule, at the expense of all the other creditors, whose claims are equally as just as those of the party making the first attachment. Would it not be equitable to permit all the creditors to share in the benefits of the attachment upon filing their claims, and pay- ing their pro rata share of the expense, before a judicial determination is had; this would, in a degree, remedy the evils, and lessen the expense, growing out of the repeal of the bankrupt law, and would insure all parties in interest their pro rata share of the debtor's assets.
REDUCTION AND ADJUSTMENT OF SALARIES
Much has been said of late in regard to compensation of public officials, the same being thought in some cases, ex- cessive. A corrective therefor, if the fact be found to exist, will be expected at your hands. If the system of payment by fees could be done away with altogether, and one looking to compensation by fixed allowance, varied according to population substituted therefor, the fees going into the public funds, I am inclined to think the change would be satisfactory to the people generally. The mode of compensation by fees has been entirely abolished in the State offices, the last General Assembly having completed the work; and the present system does so well that it is not likely to be disturbed.
At present, the compensation of county officers is largely subject to the control of the boards of supervisors. This is especially the case with the auditor and county superintend-
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ent, and to a more limited extent with the treasurer, the sheriff, and the clerk of the courts. If it be not thought proper to discontinue entirely the fee system of compensa- tion, there is yet room for legislation in the direction of limiting the powers of boards of supervisors in this matter. At the same time, it would seem to be necessary to take some legislative action to make such limitations effective, for I regret to say, experience has shown that these boards are sometimes disposed to regard very lightly the restric- tions thrown around them by law. In more than one county of this state, is the treasurer allowed and paid hundreds of dol- lars in excess of the maximum fixed by statute, viz: $1,500.
The compensation of members of the boards of super- visors should be settled more definitely. Section 3791 of the Code is susceptible, it is thought, of two interpretations, and the prevailing one is that which takes most money out of the county treasury.
Some better system of keeping the accounts of county offices is most desirable, whereby frequent settlements should be made, in order to secure better checks on receiv- ing and disbursing officers.
A limitation of the tenure of office of county officers has been suggested as desirable in the interest of greater recti- tude in the management of county affairs. The suggestion is worthy of your consideration, particularly in regard to officers filling fiduciary positions.
RESPONSIBILITY OF FIDUCIARY OFFICERS
Deficiencies in the accounts of public officers, while per- haps no more frequent or extensive in former years, are yet
GOVERNOR JOHN HENRY GEAR 77
sufficiently so to invite legislation. I would recommend that a failure on the part of a public officer holding public funds to account for such funds, whenever called upon so to do by lawful authority, be made presumptive evidence of embezzlement, and the offender be summarily removed from office, and otherwise dealt with according to law.
MUNICIPAL DEBTS
The increase of municipal indebtedness throughout the country during the past fourteen years, has attracted much attention, and is justly causing uneasiness in the minds of the people. While municipal debts have generally increased to an immense amount in the country at large, the people of Iowa are to be congratulated that such a state of affairs does not exist among our municipalities. From returns on file in the Executive office, the debts of the counties and cities of the state are found to be $1,000,000 less than in 1869, and $2,500,000 less than in 1873, showing that, not- withstanding the hard times which have pressed upon the country, Iowa counties and cities have been constantly re- ducing their liabilities. The following shows the debt of the counties, cities, and school -districts on June 1, 1879, so far as returns have been made:
90 counties $2,376,586.02
189 cities 2,593,630.43
353 school-districts 1,197,158.00
Total $6,167,374.45
Equal to about 1£ per cent, of the assessed value of the state. While it is a gratifying fact that these debts have
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been reduced, yet it may be well to legislate on this subject, in order to prevent, as far as possible, the troubles that harrass many of the municipalities of the older states.
In many of our counties and cities, the amount of debt exceeds the constitutional and statutory limit. I earnestly recommend that all counties, municipalities and school dis- tricts, when they incur debts and issue bonds for the same be required to file with the Secretary of State:
1st. A certified statement by the local authorities of the amount of the assessed valuation of the municipality incur- ring the debt.
2d. The amount of debt to be incurred, and for what purpose, and that it is not in excess of the amount provided by law; and that it be made the duty of the Secretary of State to keep a record of the same, and make a report bien- nially to the Executive for the information of the General Assembly. That no bond shall be valid until it is counter- signed and certified to by the Secretary of State; that municipalities incurring debts should be required to provide a special fund to meet the interest charge, and a sinking fund that would pay the debt at maturity. If this were done, the purchaser of the bonds, being assured of the legality of their issue, would be willing to pay an enhanced price for them, and the taxpayer would be assured that his rights were not trespassed upon by a reckless issue of bonds beyond the limitation imposed by law.
CITIES AND TOWNS
Experience has shown that there is some necessity for remedial legislation regarding the financial administration of
GOVERNOR JOHN HENRY GEAR 79
our cities and towns. I am well satisfied that the affairs of our municipalities would be managed much more in the interests of the taxpayers if they were placed under the con- trol of a board of commissioners elected at large by the peo- ple. If this were done, the combinations which result oftentimes to the special benefit of the few, and at the ex- pense of the many would be avoided. The administration of affairs, being more simple than the present system, would of course be more economical, and I earnestly hope you will take some steps towards bringing about a better form of government for our cities and towns than we now have.
BOARD OF HEALTH
I have been requested by the medical profession of the different schools of the state to call your attention to the necessity of establishing a "Board of Health," whose duty it should be to pass upon the qualifications of persons de- sirous to practice medicine, in order that the people may be protected from empiricism. This board should also be em- powered to take measures for protecting the health of the people generally, and also for collecting the vital statistics of the state. Many states have these boards now, and they seem to give satisfaction and to be doing an efficient work.
This board could be created without cost to the state, as its expenses could be defrayed by the fees paid by those who come before it for examination.
COAL MINES
In the early history of the state, Iowa was supposed to be almost destitute of coal, but time has shown that over two-
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fifths of our area is underlaid with this valuable mineral. The mining of coal has attracted the investment of large amounts of capital, and gives employment to thousands of men and a constantly increasing traffic to our railways. Much complaint is made by the miners — and in my opinion the complaint is a just one — of the inefficiency of the present law regarding the inspection of coal mines. In view of the rapid growth of this industry, would it not be well to repeal the present law, and provide by a new law — as is done in other states — for a state inspector of the coal mines of the state. The inspector should also be authorized to inspect the method of weighing coal at the different mines, and cor- rect any abuses therein.
INSPECTION OF BOILERS
As the use of steam power is increasing rapidly in the state, and many deaths have occurred and are liable to occur from the use of defective boilers, would it not be advisable, for the protection of operatives in shops where steam is used, to require boards of supervisors to appoint inspectors of boilers for their respective counties, and to require all persons using steam power to have their boilers inspected at stated times; those using the boilers to defray the expense of inspection?
EOADS AND HIGHWAYS
The amount of road-tax levied by the boards of super- visors in 1877 and 1878, as shown by the Auditor's report, is $1,076,408.31. In addition to this is the amount of tax worked out on the roads; the money value of which there is no data to compute. It is evident that the expenditure of
GOVERNOR JOHN HENRY GEAR 81
this large amount of money and labor should insure much better highways than we now have. Nothing adds so much to the convenience of the people and the general reputation of the state as a good system of public highways. From the condition of the roads in the state, it is evident that there is a necessity for some legislation on this subject, and I trust you will devise such remedy as will accomplish the object desired. I am persuaded that a judicious expendi- ture of much less than one-half the amount now put upon roads would give us far better returns.
AGRICULTURE
The products of our rich soils must continue to be, as they have ever been, the chief reliance of the people of Iowa for their support and prosperity. Any proposition in aid of the development of our agricultural resources is en- titled to serious consideration. I trust you will give recog- nition to the importance of an interest in which so many of our people are engaged, and the success of which lies at the very foundation of the prosperity of all other classes as well.
As early as 1842, the territorial legislature passed an act for the encouragement of agriculture. The importance of this great industry was well understood even at that early day. More than twenty years ago, in advance of any such action on the part of the general government, or other States, Iowa took steps to organize an Agricultural College and Model Farm. Previous to this, the State provided aid for a State Agricultural Society and for many county soci- eties. In the condition of agricultural science at that time,
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the legislation mentioned was adequate to the circumstances. But it should be borne in mind that in the general progress of the past twenty years agriculture has not been a laggard. Even within the past ten years, progress in this and its attendant industries has been almost without a precedent, and yet the legislation on the subject of twenty -five years ago is the legislation of to-day.
The early completion of the capitol will afford room for an office and museum for our agricultural, manufacturing, and mining industries. In these our varied resources should be exhibited, so that they would be interesting and instruct- ive to our own citizens, and a valuable advertisement to visitors from abroad. Such a home for a Department of Industry should be provided; and in charge of a competent superintendent would illustrate many subjects upon which you are called upon to legislate. Complete statistics of the Agricultural resources of the state could be gathered here; and, in fine, such a department would be to our industrial interests what the office of Superintendent of Public Instruc- tion is to the educational.
THE STATE AGRICULTURAL SOCIETY
This organization is worthy of the fostering care of the legislature. It dates its inception in 1853. From 1856 to 1873 it received an annual appropriation from the state. Since 1873 (except the years 1876 and 1877) the State has withheld its aid, thus crippling the energies of the society, and making its very existence depend upon the weather during the Fair. The State Agricultural Society has been controlled, as a rule, by the best men and the best minds in
GOVERNOR JOHN HENRY GEAR 83
Iowa; its affairs have been conducted with intelligence and prudence; its annual fairs afford our people a much needed rest and holiday, and opportunity for social reunion; it has contributed to the advancement of agriculture and the pro- motion of the mechanic and fine arts; its annual volume of transactions has accomplished a great work toward inviting immigration; it has given wide circulation to a knowledge of our resources to other states and countries; its compila- tion and preservation of statistics, its collection of the pro- ducts of the field, and its library are invaluable.
Iowa should not be behind any of her sister states. First in rank in education, in progress, in development, in her possibilities, in her agricultural resources, she ought to be first in a liberal support of the only organization which rep- resents her greatest source of wealth and influence: agri- culture.
IMMIGEATION
Iowa has 55,000 square miles of territory, with an esti- mated population of something over a million and a-half, being not quite thirty souls to the square mile. It has about 34,000,000 of acres of land of which over ninety -five per cent, is arable and of unsurpassed fertility. It has the soil, the climate, and all the elements necessary to sustain a pop- ulation unsurpassed in density by any state in the Union, or by the most densely populated portion of Europe. It is safe to say that Iowa can maintain within its borders a pop- ulation ten times greater than the present. When it is taken into consideration that, in addition to the natural advantages of soil and climate, and the large area of unoccupied land open to settlement upon terms bringing the possession of a
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home within the ability of almost every industrious family, the State offers substantial immunity from public debt; a free school system unsurpassed in any of the older states; the social benefits of an intelligent, religious, and law-abid- ing population, — it is evident that those seeking new homes can nowhere find a more favorable field.
Since the repeal by the Fourteenth General Assembly in 1873 of the law aiding immigration it is manifest to the most casual observer that the state is not receiving a fair share of the immigration which has been coming West for the past six years. I am advised by American consuls in Great Britain and Germany that there will be a very large immigration from those countries to the United States, the present year, of a most desirable class of people. This view is corroborated by the public speeches of many of the leading English statesmen, and by the utterances of the in- fluential press in discussing the agricultural relations of their country. In view of these facts, and that neighboring sister States are expending annually large sums of money for the purpose of securing immigration within their limits, I ear- nestly recommend to your consideration the propriety and expediency of making an annual appropriation for the dis- semination of information in order that Iowa may not only maintain its position in the race for empire, but may more speedily secure the development of its resources through a knowledge of their unlimited extent. Under the resolution of the Seventeenth General Assembly, empowering the ex- ecutive to appoint honorary commissioners of immigration without expense to the State, good results have been ob- tained by bringing in an accession of population to the western and northern portions of the State.
GOVERNOR JOHN HENRY GEAR 85
THE CONSTITUTION AND THE CODE
Article 10 section 3 of the Constitution provides that in the year 1870. and every tenth year thereafter, the follow- ing question shall be submitted at the general election: "Shall there be a convention to revise the Constitution and amend the same." It will therefore be incumbent on your honorable body to enact a law in regard to submitting the above question to the people at the general election in 1880, and for canvassing the vote thereon.
The statutes of the United States provide that the election for members of Congress shall be held on the Tuesday fol- lowing the first Monday in November in the even numbered years, except in states whose elections are required, under their respective constitutions, to be held on other days. Under our organic law the second Tuesday in October has always been held to be the lawful day for the general elec- tion, except in years of the presidential elections. There is, however, doubt in the minds of many as to the date on which our members of Congress should be elected. I there- fore recommend the submitting to the people of an amend- ment to the Constitution of the State, making our day for general elections harmonize with the law of Congress.
There are in the hands of the Secretary of State, at the present time over 700 copies of the Code. This number will be ample for the wants of the present and two succeed- ing General Assemblies, and for the public officials to whom the Code is furnished by law. Inasmuch as private indi- viduals are — as I understand — about printing an annotated edition of the Code, from whom lawyers and others can sup- ply themselves, it would not, in my opinion, be advisable
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for the State to order a reprint. The present Code only went into effect September 1st, 1873, and as it is possible that the voters of the state will declare in favor of a consti- tutional convention in 1880, which would necessitate much new legislation, it would seem both impolitic and unwise to incur the expense of a re -codification at this time.
ATTORNEY-GENERAL
The frequent necessity for the executive and other state officers to consult the Attorney -General makes it almost an absolute necessity that this official should reside at the cap- ital. I recommend that his salary be made the same as that of the other state officers, and that he be required to main- tain an office at the capitol.
BANKS
Chapter 9, Title 11 of the Code, requires the banks of the state which are incorporated under the general incorpo- ration law to make returns of their financial condition to the State Auditor, and also empowers the Auditor to make, or cause to be made, examination of such banks as often as four times a year. Chapter 60, acts of the Fifteenth Gen- eral Assembly, provides for the inauguration of savings- banks, and requires the auditor to examine into their condi- tion and report the same to the General Assembly. The law does not fix the compensation of the examining officers. It should be amended in this respect, and should also re- quire the banks to pay the expenses of at least one annual examination.
It is the bounden duty of the State to protect by legisla- tion, as far as it can, the interests of depositors in banking
GOVERNOR JOHN HENRY GEAR 87
institutions of this character, and I suggest that the law be amended so that no bank shall be incorporated, under the general incorporation law in the future, unless the share- holders in such banks shall be liable for twice the amount of stock they have subscribed for.
The Auditor is the accounting officer of the state, and also has charge of the insurance and banking interests. In view of the arduous and constantly increasing duties of the Audi- tor, it would be advisable to transfer the banking depart- ment to the charge of the Treasurer of State.
REDUCTION OF INTEREST
In view of the fact that money has become quite abundant and cheap, I see no reason why the present maximum rate of interest should be retained on our statute-books. I am aware that there is quite a sentiment against all laws regu- lating rates of interest, and arguments having much cogency are presented on that side. Yet we have among our laws one on the subject of usury, and I am not prepared to recommend its repeal. Whatever the efficiency of this class of laws may be, I think there can be no doubt the tendency, on the part of those having money to lend, is to go to the maximum limit, whatever that may be, especially in dealing with those who feel themselves necessitated to borrow on short time. I therefore suggest that the highest rate of interest permissible on contracts in this state be fixed at eight per cent.
TEMPORARY APPOINTMENTS
At the last session of the General Assembly, the board of trustees of the Institution of the Deaf and Dumb was
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legislated out of office, and provision made for the election of a new board of three members by the General Assembly. That body proceeded to make choice accordingly; but, as the new act had not then taken effect, I was obliged to con- sider the election a nullity. I, however, appointed the per- sons thus chosen, viz; Alfred Hebard, Fred Teale, and John H. Stubenrauch, and upon their qualifying commissioned them trustees of the Institution of the Deaf and Dumb.
Mrs. S. P. Rider, who was elected at the last session a trustee of the Hospital for the Insane at Mt. Pleasant, de- clined the office, being about to remove from the State; whereupon I appointed Margaret A. Cleaves, M. D., of Dav- enport to the vacant place. All of these appointments hold until this session of the General Assembly.
For the information of the General Assembly I have pre- pared tables which are submitted herewith; showing, the amount of appropriations asked for the State institutions; the aggregate cost of each institution for the biennial period ; the cost per capita, per month, of supporting the inmates of the State institutions; the amount of discount on warrants, and interest, paid by said institutions; and the number of employees and inmates, showing the ratio of employees to inmates; and the amount paid short-hand reporters by the several counties, as well as the gross amount of what has been received back thereof in criminal cases; all of which is respectfully submitted for your consideration.1
JNO. H. GEAR.
*For tables see loica Legislative Documents, 1880, Vol. I, No. 1, p. 49.
SECOND INAUGURAL
JANUARY 15, 1880 From the loica Legislative Documents for 1880, Vol. I
Senators, Representatives, and Fellow Citizens:
Time lias again brought around the appointed season for the legally elected executive and members of the legislature to assemble and take upon themselves the powers delegated to each for the proper discharge of their important duties.
In entering upon the responsible position of chief magis- trate of the state a second time, I recognize with thanks the high honor conferred upon me, feeling that it is not alto- gether personal to myself, but a declaration of the abiding faith of the people in the political principles and purposes that have controlled the State for the past twenty-five years. The opinion has been often expressed, and is entertained by many, that all the objects contemplated by the great popular movement which began in 1854, and which gave rise to an entirely new political organization, were fully accomplished in the liberating of the enslaved, and the con- stitutional provision permitting them to enjoy with us the full rights of citizenship. On the other hand, there are many, very many, in fact the majority of the people, who feel that, although equal rights and privileges are thus recog- nized and provided for all, yet organization is still necessary in order that these rights be maintained in fact as well as in statute. To sustain and perpetuate these inviolable rights as
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set forth in the declaration of independence, is no less indis- pensable to-day than was the work of the men who engrafted these principles on our bill of rights and made them a part of the organic law of the nation.
The policy and measures necessary for this purpose pre- sented questions which had to pass through the same ordeal that has ever obtained in the administration of governmental power: a difference of opinion as to the means to the desired end. The anxious consideration of these questions by the great body of the people, together with the earnest efforts of the executive department, have evinced such a desire for the maintenance of those principles and practices that bring peace, prosperity, and honor to our nation, that the legal voice of the majority of the people has from time to time re-delegated the administration of the government to the same political element by which they were first inaugurated. On these questions, the voice of Iowa, catching the sounds which, emanating from the people whose homes are within the golden portals of the West, were echoed in trenchant cadences by the dwellers among the pine-trees of the far East, and reverberated over mountain, valley, and prairie, until they became the shout of mighty majorities, has been heard in trumpet-tones proclaiming, through the medium of the ballot-box, not only the confidence of her people in the principles of political equality and national unity as fully adapted to insure civil and political liberty to all in the land, but also their firm determination to stand by those principles until every citizen throughout all the land shall enjoy with- out let or hindrance, in such manner as his conscience and judgment shall dictate, the rights guaranteed to him by the organic law.
GOVERNOR JOHN HENRY GEAR 91
A republican form of government is an empty mockery if every individual voter's right to one vote, and to have that vote honestly counted, is in any manner impaired, whether by brute force or by the slyer work of a faithless returning officer. Eternal vigilance is truly the price of liberty; and the present is no time for slackening that vigilance, when the startling spectacle is presented to us of legal voters, by the thousand in some of the states, being deprived, either by intimidation or fraudulent ballots, of the privilege to exercise the right of suffrage and to carry on the governments they are taxed to maintain; and in another state of a daring and almost successful attempt to prevent the legally chosen leg- islators from taking their seats and to give their places to men not chosen thereto, partly on technical quibbles, and partly in confessed defiance of law; the treasonable conspir- racy to all appearances originating before the election. That such an attempt is seriously made, and, in addition, finds any portion of the people so partisan as to endorse an act of such a character, should warn us that the work of securing and enforcing equal rights to all is not yet done. Some may carp at this seeming digression regarding the political affairs existing in some of our sister states, but the maintenance of the purity of the ballot is a vital requisite in our form of government, and any attempt on the part of unscrupulous partisans to debar a citizen from the free exer- cise of his political rights, or to defeat the will of the people as expressed through the medium of the ballot-box, should be rebuked by every American citizen regardless of his polit- ical opinions or affiliations.
Supineness on this question among the people is calculated
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to invite renewed disregard of the sanctity of the ballot, and to accustom them to irregular and fraudulent modes of car- rying elections, and is therefore fraught with grave danger to popular liberty.
On the dominant political element in Iowa has devolved the administration of the State's affairs for the past quarter of a century. The people, assured of the honest adminis- tration of those affairs heretofore, have again shown their confidence therein by once more intrusting their interests to that element. They, therefore, justly expect with con- fidence that the majority in this General Assembly shall give to the State such legislation as will be in the interest of economy and good government. If the majority disap- point this expectation it will properly be held responsible by the people for its shortcomings.
To a state whose products are, in the main, agricultural, as are those of Iowa, anything which enhances the cost of railways, thereby, even incidentally in the least degree, increasing the expense of the transportation of her products to the seaboard, which is her great market, is a question of great interest to all. In view of their greater strength and durability, which lessen the cost of replacement, all the great trunk railway lines of the country are adopting Bes- semer steel rails. The manufacture of this class of rails in the United States is controlled by a combination of not ex- ceeding— I think — ten firms in number. This combination is protected by a high and specific tariff, which prevents the importation of foreign rails to any extent, thereby increasing the costs of the railways of the country. Without discuss- ing the tariff question in all its bearings, it may well be con-
GOVERNOR JOHN HENRY GEAR 93
sidered whether it is wise legislation, by a tariff exceptional in its character, to put immense profits into the pockets of a monopoly composed of but few persons at the expense, in- directly, not only of Iowa farmers but of the whole West. It would, therefore, be well to instruct our Senators and request our Representatives in Congress to examine into this subject, with a view to removing, by congressional legisla- tion, any discrimination which may be found to exist in the tariff on steel rails against the interests of Iowa producers.
The year just closed has been a memorable one in the agricultural history of the state, from the fact that at no time for many years have our farmers been better rewarded for their labor by the unusually large and fully matured crops. This bountiful harvest is most timely, coincident as it is with an unusual shortage of crops in Europe; insuring to our producers highly remunerative prices for their pro- ducts thereby bringing general prosperity to all the people.
The year 1879 also marks a memorable epoch in the financial history of the nation. During the years of the rebellion and under the pressing exigencies of the govern- ment for means with which to carry on the war, it was deemed necessary to resort to an issue of irredeemable paper money which by law was made a legal tender among the people. As to the wisdom of this policy there was much discussion at the time, both in and out of Congress, and though conceded by many to be a dangerous policy to in- augurate, yet it was accepted as a temporary necessity, the evils of which were to be remedied by a return at the earliest possible date to the normal condition of the world's cur- rency, which the organic law of our nation alone recognizes as lawful money, to- wit: "gold and silver."
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The faith of the government was pledged, by the political party in power at. the time, that the promises of the nation, made in her hour of trial, should be redeemed at the earliest possible date. In 1875, this same political party in Con- gress which authorized the issue of the legal tenders declared by statute that on January 1, 1879, the government would resume specie payment on its liabilities. The incoming of that year, therefore, will always be a landmark in our nation's history. The result accomplished has brought us to a long and devoutly wished -for consummation, closing, as it does, an era of financial vagaries, with all their attend- ant evils, and inaugurating an epoch of general prosperity, the full fruition of which is now assured beyond a perad- venture. This fact cannot fail to impress the world with grander conception than ever of the immensity of our re- sources and the matchless energy and vitality of our people, evidencing, as it does, the benign influence of principles and institutions which result in such unparalled developments of the nation, as well as the welfare of her people. It has been extremely gratifying to the early friends and adher- ents of this great measure that it has been carried into effect without any of the convulsions and calamities which its adversaries so freely predicted, and with so much certainty expected to follow. The results gained have proven this class to have been but "false prophets." The step by which our national solvency was reasserted was almost unnoticed except as a subject of congratulation. It came as the dew of the night, gently and generously refreshing and reviving the languishing industrial and commercial interests of the country, and so powerful and instantaneous has been the
GOVERNOR JOHN HENRY GEAR 95
effect that as yet we are hardly prepared to do full justice to its magnitude. The results may be summed up in brief. The country has currency ample in its volume for the legiti- mate wants and demands of the people.
It has a system elastic in its workings by the fact that the currency, can under the wise provisions of the national bank- ing act, be increased as rapidly as is demanded by the neces- sities of the commerce of the country. The exchanges of the country are made at a less cost to the people than at any previous time in its history, and the paper money, both legal tender and national bank notes are at par, with and exchange- able at the pleasure of the holder thereof into coin, and the dollar of the workingman and producer is as good as the dollar of the bondholder.
But to the future historian of the exciting years of the war and the financial crisis incident and attendant thereon — of which the resumption of specie payments is one of the closing scenes — must be left to tell the story in all its inter- esting details. Let us not, however, in our pride over the results achieved, forget the costly experiences of the past, but rather treasure them up as a warning for ourselves and future generations.
There are still important questions to be settled connected with the currency of the country. These questions are en- titled to mature and searching consideration. It is believed by many that the interests of the people would be best sub- served by a postponement, for the present at least, of their practical solution. On this question the dominant political party of the State has proclaimed in its platform, "Let us have peace;" and the people after a full discussion of the
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same, have pronounced their belief in that policy, emphatic- ally, by an immense majority, declaring that time should work out the desired result, and in that opinion I do most heartily concur.
A word in regard to our own loved State. Situated as Iowa is in the heart of the continent between two of the great rivers t>f the world; with her temperate climate, rich soil, and freedom from malarial influences, she offers un- equaled attractions, not only to the agriculturist, but to all seeking new homes. Her intelligent yeomanry are generous rivals from many states and nationalities, and their con- quests in all departments of rural industry have already earned for themselves and the state a world-wide reputation.
It is a matter of just pride to the state, that, when brought into competition, in the exhibition of the products of the farm and dairy, not only with American farmers at our national fairs, but also at the world's fair in Paris, in 1878, to our Iowa farmers has been awarded, not only the greatest number, but the first prizes. This fact not only attests the superiority of their products, but should stimu- late them to still greater excellence, in order, not only to maintain their conceded supremacy, but that they may re- ceive thereby more remunerative prices as the reward of their labor and enterprise.
It may be confidently expected that the Federal census of 1880 will place Iowa as the sixth state in the Union in popu- lation, the first in the production of corn and pork, and not lower than second in the growth of wheat. Her exports of these products are constantly increasing in amount, and are purchased by every country in Europe, and aggregate many millions of dollars annually.
GOVERNOR JOHN HENRY GEAR 97
It has been said by a distinguished statesman that "all Europe is dying in armor." The fact that the nations of that continent are, by their jealousies, compelled to main- tain millions of men in arms, all of whom are taken from the agricultural and industrial pursuits, thus placing the burden of production on the old and young who are the least able, fully attests the truth of the statement. This state of affairs is stimulating the demand for American man- ufactures, and also equally so for our agricultural products. It is therefore evident that farming in the Grreat West, and particularly in Iowa, must be highly remunerative until there is a radical change in the policy of the European pow- ers, an event not likely soon to occur. It is therefore sound policy on the part of the state to do all in its power to at- tract population within her borders, and by liberal legisla- tion to aid in developing her industrial and agricultural resources, which are but yet in their infancy and the ultimate capacity of which is so little apprehended.
Although it is but just thirty-three years since Iowa cast off her territorial swadding-clothes, and assumed the dignity of statehood, yet during this brief period her political and material development has been wonderful. She has, in the race for empire, far outstripped many of her sister states whose existence antedates her own by many years; her free educational system, although dating but from 1858, is not only the pride of the people, but is unsurpassed in any state in the Union; her eleemosynary institutions are in harmony with the philanthropy of the age, and are maintained with a generosity which is always the attribute of a moral, intelli- gent, and progressive people; her material resources of coal
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and other valuable minerals are inexhaustible, and are being rapidly developed.
Her railway system has been augmented during the past two years by the completion of an additional trunk line across the state and many branch lines — only three counties of the ninety-nine being to-day without railway facilities; and in mileage of railways she ranks as the fifth state of the nation.
Coming into the Union December 28, 1846, with a popu- lation of but ninety-six thousand, to-day she shelters be- neath the aegis of her sovereignty a million and a half of free, virtuous, intelligent, and enterprising people. These grand results, already achieved in the development of the state, have been accomplished within the period of a gener- ation. When it is taken into consideration that hardly one- half of her virgin soil has been touched by the plow, and that she has the ability to support an immense population, it is clearly evident that the present results, although grand, are but the forerunner of her future greatness. There are many here present to-day, and throughout the State, who were residents in Iowa when she was admitted into the Union. To their wisdom and sagacity in the framing of her institutions and laws the State owes much of her present growth and future promise.
They laid the foundations of this "imperium in imperio" broad and deep, and it is the bounden duty of each and all of us to do our full part in the work they began so well. We should all, as good citizens, endeavor to carry the State forward to a higher plane of development, so that her people shall thereby attain the greatest possible degree of political and material prosperity.
GOVERNOR JOHN HENRY GEAR 99
SENATORS AND REPRESENTATIVES:
To each of us the people of this commonwealth have as- signed special and responsible duties. To me, to "take care that the laws are faithfully executed." To you, who are fresh from the people, and have been chosen by them on account of your knowledge of their necessities, is dele- gated the enactment of their wishes into law. On whatever subject you may be called to legislate, your enactments should be broad and comprehensive, having in view not only the results for the present, but also the effect they may have on the development of the state in the future.
Permit me to say, in conclusion, that quantity is not so essential in legislation as quality.
JNO. H. GEAR.
SECOND BIENNIAL MESSAGE
JANUARY 10, 1882 From the Imca Legislative Documents for 1882, Vol. I
Fellow • Citizens of tlie General Assembly:
In pursuance of law, I herewith present for your consider- ation the reports of the State officers and the different insti- tutions, showing the financial and other conditions of the State and such institutions, accompanied with suggestions of such measures as seem to me to be for the welfare of the State and her people.
You assemble in a time of general prosperity, both in nation and State. While the returns to our husbandmen have not, for the year just closed, been so abundant in amount of product as in past years, yet the remunerative prices prevalent for what was produced place Iowa on a high plane of prosperity.
On this General Assembly, in addition to the ordinary matter of making provision for carrying on the State and her institutions, devolves duties of a high political character. You are called on to redistrict the State into congressional, senatorial, and representative districts, and in view of the resignation, on the seventh day of March last, of Hon. Samuel J. Kirkwood, who has rendered such distinguished services to the State, both as governor and senator, you are called upon to elect a successor for the remainder of his unexpired term, as well as a senator for the full term begin-
GOVERNOR JOHN HENRY GEAR 101
ning March 4, 1883. To these duties you come, fresh from the people, presumably well aware of their wishes in these regards, and it is to be expected that you will discharge the responsibilities imposed upon you in such manner as will be for the best interests of the commonwealth.
THE FINANCES
The Auditor's report, herewith submitted, shows in detail the receipts and expenditures for the biennial period; also the condition of the banks and insurance companies doing business in the State, accompanied by his suggestions in regard to revenue and other matters pertaining to our finan- cial interests.
At the beginning of the term there was no money in the general revenue fund of the State. During the term that fund received $2,126,900.90. There was disbursed $2,035,- 050.39, leaving a balance on hand in general revenue of $91,850.51. The warrants drawn against general revenue amount to $1,940,249.87. In addition there was paid for interest on warrants $10,063.45, which makes the aggre- gate cost of carrying on the government of the State for the term $1,950,313.32, leaving an excess of receipts over ex- penditures of $176,587.58 in general revenue. During the period just closed not a warrant has been indorsed for inter- est; the taxes have been paid promptly; and the amount in the hands of county treasurers is slightly less than at the close of the last period.
I congratulate you, and through you the people of the State, on the healthful condition of the finances as compared with the two previous biennial periods. At the close of the
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biennial period, September 30, 1877, there were outstanding warrants to the amount of $267,776.31; and these were at a discount of two to five per cent. Through the efficient help of Hon. Geo. W. Bemis, then Treasurer of State, an arrangement was made with some of the banks during the ensuing period whereby warrants were brought up to par.
At the close of the biennial period ended September 30, 1879, the warrants outstanding had been reduced to $96,- 993.54, while the interest paid during that period was $27,- 328.36, much the larger portion of which had accrued on warrants of the former period.
The amount of warrants outstanding, but not bearing interest, September 30, 1881, was $22,093.74, and there are now in the treasury ample funds to meet the current expenses of the State.
The war and defense debt has been paid, except the war- rants for $125,000 negotiated by the Executive, Auditor, and Treasurer, under the law of the Eighteenth General Assembly, and $2,500 of the original bonds not yet pre- sented for payment. The only other debt owing by the State amounts to $245,435.19, due to the permanent school- fund, a portion of which is made irredeemable by the con- stitution. These facts place Iowa practically among the States which have no debt, a consideration which must add much to her reputation. The expenses of the State for the past two years are less than those of any other period since 1869, and this notwithstanding the fact that the State is to- day sustaining several institutions not then in existence; namely, the Hospital at Independence, the Additional Pen- itentiary, the Normal School, and the Asylum for the
GOVERNOR JOHN HENRY GEAR 103
Feeble -Minded, besides the Girls' Department of the Reform School. The State also, at present, makes provision for fish culture, for a useful weather service, for sanitary super- vision by a Board of Health, for encouraging immigration to the State, for the inspection of coal mines by a State Inspector, and liberally for the military arm of its govern- ment. These causes of increased expenditure are only par- tially offset by the largely reduced cost of supporting the Soldiers' Orphans' Home, although here a small additional outlay is necessitated by the admission of indigent children to the Home. This diminished expenditure, notwithstand- ing the State's population has augmented over fifty per cent since 1869, argues, I submit, an economical management of the affairs of the State government. A hasty comparison with the cost of the governments of our sister common- wealths still further demonstrates the frugality of State administration in Iowa.
The Auditor estimates that the expenditures for carrying on the State government during the current period will be $1,787,850; and that the receipts of general revenue from all sources for the same time will be $2,202,700, leaving a surplus of $415,150, as available for extraordinary expen- ditures. It should be borne in mind, in making special ap- propriations, that, owing to the expense attending the ses- sion of the General Assembly, only about one-third of this amount will be available for such appropriations during the current year. For detailed information and suggestions re- garding the revenue and other matters pertaining to the finances, you are referred to the report.
Your consideration is invited to the advisability of mak-
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ing taxes payable semi-annually, which has been adopted in other States with good results. As it is now, most of our taxes, amounting to over $10,000,000 annually, are paid during the months of January and February, and the money locked up in treasury vaults and withdrawn from circulation until paid out on warrants, unless deposited in banks, in which case it furnishes the latter a certain amount of bank- ing capital; the custom in either case being less beneficial than would be the retention of half the amount in the hands of the people until nearer the time it is needed, and sugges- tive, and often productive, of evil to the treasurers and the taxpayers.
THE FUNDS
The report of the Treasurer of State shows that at the beginning of the biennial period there was in the State treasury, of all funds, $74,187.37; that the receipts for the period were $2,514,262.08 aggregating $2,588,449.45; and that the disbursements for all purposes were $2,409,897.71, leaving a balance, at the end of the term, of $178,551.74, belonging to the several funds as follows: Agricultural College endowment, $84,104.72; coupon, $329.85; perma- nent school, $226.66; and general revenue as above, $91,- 850.51; which showing corresponds with that made in the Auditor's report. All the Agricultural College endowment fund, except $4. 76, is invested in county, city, and school- district securities, bearing interest at rates varying from five to eight per cent per annum.
As will be seen by the Treasurer's report, there was real- ized to the treasury from the half mill tax, levied for war and defense bond fund, $162,662.73; that there was trans-
GOVERNOR JOHN HENRY GEAR 105
ferred to this fund the sum of $9,837.27, aggregating $172,- 500; and that this amount, with the warrants negotiated, amounting to $125,000, makes the aggregate of $297,500, which covers the payment of all the bonds issued, except $2,500 not yet presented for payment.
I heartily concur in the recommendation of the Treasurer in regard to the collection of the Railroad Commissioners' tax. This tax is now certified by the Executive Council to the counties, and collected by them the same as any other State tax. If it were paid directly into the State treasury by the companies, as suggested, much unnecessary labor would be saved by the change.
PROVIDENTIAL CONTINGENT FUND
The Eighteenth General Assembly placed at the disposal of the Executive Council $10,000 as a providential contin- gent fund, to be used in case of accidents to public buildings and other emergencies for which no specific appropriations were available. There has been expended from this fund, for repairs to the different institutions, $5,725.59, as shown by the Auditor's report. The expenditure of this amount was deemed absolutely necessary, and was authorized by the Executive Council only after a careful personal examination in each case.
THE NATIONAL GUARD
The Adjutant -general's report shows the expenditure for the military arm of the State government, since the date of his last report, to have been $32,585.26.
The State has now an effective military force, consisting of two brigades aggregating 2,282 men, well armed and
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uniformed. A State encampment has been held during the past year, which, it is believed, has been productive of much good to the military.
The battle-flags of the Iowa regiments, which were borne triumphantly aloft in vindication of the nation's honor on the battle-fields of the late war, and which have been injured by exposure, have been restored by the tender care of loving women, whose husbands, brothers, and other dear relatives shed their blood in carrying to victory these mute emblems of the valor of Iowa soldiers. If properly cared for in the future, they will long remain as proud memorials to their descendants of the part taken by the men of Iowa in the memorable struggle of 1861-65.
For details regarding the expenditure of funds, and recom- mendations made by the Adjutant-general, you are referred to his report.
THE STATE LIBRARY
The receipts and disbursements of the Librarian, as shown by the report, were as follows:
Amount on hand at close of last biennial period. $ 579.88 Appropriated by Eighteenth General Assembly. 3,000.00 Received from sale of reports, etc 3,284.15
$ 6,864.03 Amount expended for books purchased 6,617.34
Balance in the hands of the Librarian $ 246.69
The number of books in the library at the date of the last report was 18,273. There have been added by purchase and exchange during the biennial period 2,195, making an aggregate of 20,468.
GOVERNOR JOHN HENRY GEAR 107
The books are in good order and preservation, and are kept in as convenient shape as can be done with the present limited accommodations. The irreparable loss which would accrue to the State in case of a fire is a potential argument in favor of completing the library room in the new capitol at the earliest possible date.
The labors of the Librarian are constantly increasing, and additional assistance will soon be, and in fact is at the pres- ent time, a necessity in this department.
PUBLIC SCHOOLS
The report of the Superintendent of Public Instruction shows the school system of the State in both its educational and its financial phases.
The number of school children reported is 594,750. Of this number 384,192 are, by approximation, between the ages of six and sixteen years. The number of all ages en- rolled in the schools is 431,513, which shows that much the greater proportion of children of school age avail themselves of the benefits of our educational system. The average attendance is 254,088. The schools of the State have been in session, on an average, 148 days.
There is, doubtless, quite a percentage of children who attend schools other than those of a public character. Yet the figures I have quoted show clearly that very many chil- dren, through the negligence or unwillingness of parents, do not attend school at all, but are in a fair way to grow up in ignorance. I, therefore, earnestly suggest that you con- sider the expediency of enacting a compulsory education law, which should require attendance upon schools of some
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kind, either public or private. To me it does seem as if the State shall not have done her full duty by the children, until she shall have completed her educational system by some such enactment.
The interest in the normal institutes is maintained, and, beyond doubt, they render great aid in training the teachers who attend them.
The receipts for all school purposes throughout the State were $5,006,023.60, and the expenditures $5,129,279.49; but of these receipts and expenditures about $400,000 was of money borrowed to refund outstanding bonds at lower rates of interest.
The amount on hand aggregated, at the end of the fiscal year $2,653,356.55. This sum is, in my judgment, much larger than the necessities of the schools require, and it would be well to impose some check to prevent an excessive or unnecessary levy of taxes for school purposes.
The general discussion in the last General Assembly; the attention called to the subject of school finances by the press of the State; and the action taken by the State and county superintendents, supplemented by greater diligence on the part of boards of school directors, have resulted in more thoroughly calling to account the school treasurers — although not in any improved methods of keeping the accounts, — and has caused, at least apparently, a large sum of money to be recovered which was supposed to be lost through deficien- cies. In place of a deficiency of $45,652.49 as shown by the report two years ago, there seems at the present time to be an excess of funds to the amount of $12,115.84. While it is certainly better for the school districts that the differ-
GOVERNOR JOHN HENRY GEAR 109
ence shows an excess rather than a shortage, yet candor com- pels me to say that the system of book-keeping in vogue among the school treasurers of the State which shows, at the end of one period, shortages, and at the end of the next an excess — the difference aggregating $57,768.33, — when the accounts should balance exactly, does not entitle the system to any large degree of confidence at the hands of the Gen- eral Assembly or the people. This matter demands your attention, in order that the custodians of the funds for the education of the young shall be brought to render correct account of the moneys placed in their hands. I apprehend the greatest difficulty in the way of correct accounting is to be found in having four thousand three hundred and thirty- nine treasurers to do work which could be much better done by one tenth of that number.
The restriction in section 1821 of the Code upon the issu- ance of bonds by independent districts should, in my judg- ment, be enforced by a severer penalty than is now provided by statute. The officers implicated in the overissue of such bonds should be indictable for felony, and moreover held personally liable for the amount of the excess. That some- thing of the kind is necessary is shown by the fact that one district is reported which has a school population of only thirty -two, and school property valued at only $1,150, with a known bonded debt of $60,000, with a probability that there are more bonds outstanding, and the startling fact is further disclosed that the tax-levy in some of the districts of the same county ranges from ten to twenty per cent, which is equivalent to confiscation. A similar state of affairs, although perhaps not so flagrant, exists in other districts of
110 MESSAGES AND PROCLAMATIONS OF
the same, and perhaps other counties. I deem it important for the State's credit that the most stringent measures be adopted to put a stop to the incurring of indebtedness be- yond the limit fixed by law. One of the most effective measures toward the accomplishment of this end would be an enactment requiring the registration of all bonds with some State officer. This has been tried in other States with signally good effects, both in the restraint it afforded and in improved municipal credit.
STATE UNIVERSITY
The treasurer, in his report, gives the Cash on hand at date of last report, June 15,
1879, as $ 3,614.78
Income from all sources for the two years end- ing June 15, 1881 115,124.57
$118,739.35 Total disbursements for all purposes for two
years, ending June 15, 1881 $114,159.13
Balance in hands of treasurer $ 4,580.22
The assets belonging to the University, as listed October 15, 1881, are as follows:
Interest- bearing mortgage notes $197,951.45
Contract notes for land sold 2,838.02
Cash 16,710.79
Lands estimated at 15,600. 00
Aggregating $233,100.26
GOVERNOR JOHN HENRY GEAR 111
It will be seen that there is a discrepancy between the report of the treasurer and that of the secretary. This is owing to the fact that the treasurer's report is made in June, and the secretary's September 30.
The wisdom of the action of the Seventeenth General Assembly, in cutting off the subfreshman department, is demonstrated by the fact that the University has been brought into closer harmony with the school system of the State, and that the number of its students in all departments is increasing annually. The number now in attendance is much larger than at any previous time in its history.
The low rate of interest which has prevailed during the past few years has materially reduced the revenue of the University, and has compelled the Board of Regents, much to their regret, to reduce the compensation of the professors and teachers. That the University may meet its growing necessities and be enabled to achieve its highest degree of usefulness to the youth of the State, it is imperative that its revenue should be augmented by increasing the appropriation for its current expenses. The crowded condition of the buildings is such that it is almost a physical impossibility for the institution to do justice to the students. To remedy this an appropriation should be made at this session for addi- tional buildings. For the reasons therefor I refer you to the report of the president and Board of Regents.
NORMAL SCHOOL
The report of the treasurer shows, that he had on hand, at the close of his last report, $172.24; that he has received from the State $16,600, and from other sources $700, niak-
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ing a total of $17, 472. 24; and that there has been disbursed for all purposes $17,243.61, leaving a balance of 8228.63. The Board of Directors asks for appropriations for sundry purposes to the amount of $22, 500. The necessity for these appropriations is set forth in the report. The Directors also ask for an appropriation for an additional building. No one can visit this school without being convinced that the present buildings are much too small for the number of pupils in attendance. All who are conversant with the work being done in training teachers concede that the State Nor- mal School is a factor of growing importance in promoting the best interests of our system of public education. That the better educated the teacher the better he is able to impart instruction, is a self-evident proposition, and if the common schools are to be made more efficient by the maintenance of a Normal School, it is certainly incumbent on the State to provide the necessary buildings for the school.
THE AGRICULTURAL COLLEGE
The report shows the receipts of special funds from the State to have been $13,960.32, and from other sources $254.16, aggregating $14,214.48; and the expenditures for special purposes the same amount, leaving no balance on hand.
The report of the treasurer shows the receipts of funds for the two years ended Nov. 9, 1881, for the support of the College, including a balance on hand, Nov. 13, 1879, of $4,247.26, to have been $91,782.55; the expenditures to have been $83,468.99; and that there was transferred to other funds $4,803, making the aggregate disbursements $88,271.99, and leaving a balance on hand of $3,510.56.
113
Of the ninety -nine counties of the State, seventy-two are represented in the list of students. The College is rapidly assuming a high position among the educational institutions of this character throughout the country; while the impres- sion which has prevailed in the minds of many as to the great cost of this institution to the State is being gradually obliterated. My own observations justify me in saying that there is no other institution in the State in which the facili- ties for acquiring a good practical education are tendered to our youth, at the net cost of books and board.
When the State accepted the grant of land given by Con- gress to this State, along with others, for the purpose of founding an institution in which branches of learning relat- ing to "agriculture and the mechanic arts" should be taught, it assumed the duty of providing all necessary and proper means for carrying out the intention of Congress in making the grant. Thus far the State has, in a fair degree, done its duty in this regard by erecting the proper buildings and supplying the necessary appliances. With the sale of the lands the endowment fund of the College is augmenting so that it is able to educate a much larger number of our youth than it is now doing. The lack of facilities in the way of buildings prevents this being done. This should be obvi- ated in order that the College may attain to its highest de- gree of usefulness; and the erection of the needed buildings should be commenced at once. For a showing of the neces- sities of the College in this particular you are referred to the report of the Trustees.
To keep the road from the College to Ames in repair entails an expense beyond the ability of the local road-dis-
114 MESSAGES AND PROCLAMATIONS OF
trict to sustain. As the State has a large and valuable property fronting this road, which cannot of course be taxed, it is only just that it should contribute its fair proportion of such expense, as has been done under similar circumstances at Independence.
Attention is called to the suggestion regarding the change in the collegiate year. This cannot be done except by authority of the General Assembly. The change would, in my opinion, enhance the usefulness of the institution.
As will be seen by the report, the endowment fund of the College amounts to the sum of $630,315.05. Chapter 71 of the acts of the Fifteenth General Assembly provides that the lessees of Agricultural College lands shall have the right to purchase the same at the expiration of their leases. In my opinion it would be wise policy to repeal this provi- sion as to all future leases. If this were done the lands re- maining unsold would by their rise in value largely augment the endowment fund of the College, while there would be no difficulty in leasing them for a term of years, as is done at present.
PUBLIC LANDS
The report of the Register of the State Land -office show& in detail the transactions of that department.
There are remaining unsold in the hands of the respective county officials, of the sixteenth section, 500,000 -acre, and mortgage school lands, 118,664.69 acres, besides a number of town lots, which, when sold, will largely augment the permanent school -fund.
Special attention is called to the opinion of the Attorney- general regarding the right of one person to hold leases for
GOVERNOR JOHN HENRY GEAR 115
more than 1 60 acres of College lands. It is clearly for the interest of the College and State that these lands should be leased in small parcels to actual settlers, and so sold, if sold at all, and legislation should be devised, if found necessary, to prevent these lands getting into the hands of speculators.
Chapter 94, acts of the Eighth General Assembly, appro- priated $4,000 to reimburse persons who had purchased lands from the State supposed to be school lands, but which were claimed as part of the Des Moines River Grant. The Eighteenth General Assembly also appropriated $8,000 for the same purpose. Of the first appropriation the balance remaining undrawn, at the close of the last biennial period, was $588.20, which has since been expended. Of the sec- ond appropriation there was disbursed $773.49, aggregating for the period $1,361.69, paid to five persons, as shown by the report of the Register. The balance of the appropria- tion, it is thought, will be ample to meet the future require- ments of the act.
The State holds in trust for the counties of Greene, Chick- asaw, and Marion, "special swamp -land indemnity" scrip, which entitles these counties to 10,887.41 acres. In view of the fact that there are no government lands within the limits of the State I suggest that the General Assembly memorialize Congress to authorize the State to select lands for this, or any other scrip which may be found due the State in the future, in some of the territories, or to commute the value of the same in cash.
The Eighteenth General Assembly enacted that the office of Register of the State Land- office should be done away with on the first Monday in January, 1883, and that the
116 MESSAGES AND PROCLAMATIONS OF
duties of the office should, after that date, devolve on the Secretary of State. In my opinion this office had better be continued, and there should be assigned to it the duty of looking after the insurance and banking interests of the State. There are doing business in the State at this time over 140 insurance companies and 66 banks, all of which are under the supervision of the Auditor of State. The State is growing so rapidly that the business of the Aud- itor's office is becoming burdensome. The change proposed would relieve the Auditor's office of an immense amount of work, and permit him to give his whole time to the duties more properly pertaining to his office. If it should be de- termined by the General Assembly not to adopt this sug- gestion it will be necessary to add to the clerical force in the office of the Secretary of State to enable him to carry on the land department of his office.
On May 12, 1864, Congress granted to this State certain lands to aid in the construction of a railroad from Sioux City to the south line of the State of Minnesota at such point as the State should select between the "Big Sioux" and the "West Fork of the Des Moines River." This grant was designed to aid in constructing a line from Sioux City to St. Paul, and was a virtual continuation of a branch line of the Union Pacific Railroad, contemplated by the act for the construction of that road passed in 1862, and to be built from Sioux City to some point on that railroad east of the one hundredth meridian.
By chapter 144 of the acts of the Eleventh General Assembly, which took effect May 20, 1866, this State ac- cepted the grant, which was by the same General Assembly
GOVERNOR JOHN HENRY GEAR 11Y
conferred on the Sioux City and St. Paul Railroad Com- pany. This company built its road from the southern line of Minnesota, in the direction of Sioux City, as far as Le- mars, at which point it intersects the Iowa Falls & Sioux City Railroad, now operated by the Illinois Central Railroad Company, on which road the former company has track- age into Sioux City. Thus far the road was built in 1872, since which time the lands along the completed line for fifty miles have been certified to the company, aggregating 322,- 000 acres, or a little more than the amount to which the company was entitled under the act of Congress. In 1878 the company requested me to certify to it the remainder of the lands, amounting to between 85,000 and 90,000 acres. This I declined to do, on the ground that the company had not complied with the terms of the grant, which provided for a line from Sioux City to the south line of the State of Minnesota. Had the road been completed to Sioux City, the lands would have been certified, but I cannot be per- suaded that a road terminating at Lemars can be fairly con- strued to have been built to Sioux City, even if the railway company has trackage to that place over another line, much less from Sioux City.
The act of May, 1864, required the construction of the road within ten years after the acceptance of the grant by the State, after which the State had five years further to complete the work. By not completing the line to Sioux City within the time prescribed, it will be seen that the Sioux City and St. Paul Railroad Company has forfeited all its rights to the uncertified portions of the grant. It there- fore becomes the duty of the General Assembly to take
118 MESSAGES AND PROCLAMATIONS OF
such steps as may be deemed advisable for the purpose of securing the completion of the road contemplated in the act of Congress. The original intent of the act was to make Sioux City a point on a great national highway between the Union Pacific Railroad and the great lakes, and to give the people along the line contemplated the benefit of the facil- ities thus to be afforded. The General Assembly should see to it that to the best of its ability, the lands yet within the control of the public shall be utilized in order to secure the completion of the line for which they were intended.
Chapter 153, of the acts of the Ninth General Assembly, forbids the certifying of any lands to the Dubuque & Sioux City Railroad Company until after that company shall have executed releases to lands claimed for the swamp and Des River grants. While these releases have never been exe- cuted, the title to all such lands has been finally held not to be in the company so that the releases are no longer neces- sary. The statutory prohibition remains, however, and prevents the certifying of lands the title to which is indis- putably in the company or its grantees. I recommend the removal of the restriction, so as to permit the conveyance of the lands.
INSTITUTION FOR THE DEAF AND DUMB
The Seventeenth General Assembly appropriated $40,000 for the erection of the main building for this Institution. Of this sum there was yet unexpended, at the beginning of the biennial period, $5,677.08. The Eighteenth General Assembly appropriated $19,322.92, in addition to such un- expended amount, for the completion of the building; and
GOVERNOR JOHN HENRY GEAR 119
there has been received by the treasurer from other sources, $109.30; making a total sum available for expenditure on the building of $25,109.30. There has been expended for the purpose contemplated $24,330.71, leaving $778.59 be- longing to this fund in the hands of the treasurer.
Of the special appropriations made by the Seventeenth General Assembly for the purchase of furniture there was in the hands of the treasurer, at the close of the preceding term, the sum of $109.99, which has been expended as pro- vided by the act. The Eighteenth General Assembly ap- propriated for special purposes the sum of $2,839, all of which has been disbursed except sixty -six cents, as shown by the report. The balance of all special funds in the hands of the treasurer is, therefore, $779.25.
Of support-funds there was in the hands of the treasurer, at the date of the last report, the sum of $11,159.25, and he has received from the State and other sources $64,247.66, making a total of $75,406.91. There has been expended for the support of the Institution $70,568.17, leaving a bal- ance in these funds of $4,833.74.
Vouchers for all expenditures, covering twenty -three months of the term, have been filed, the superintendent in- forming me that the September bills could not be got in and paid in time to appear in the report. The amount of these bills is $2,075.90, which, when paid, will reduce the cash on hand, available for support, to $2,762.84.
The number of pupils in attendance is constantly increas- ing, and has been much larger the past year than at any time before in the history of the Institution. I believe this institution is doing a good work. In my opinion, industrial
120 MESSAGES AND PROCLAMATIONS OF
pursuits should be taught on a much more extended scale than at present. The suggestion of the superintendent that the State printing could be done by the inmates of this in- stitution is well worth consideration. The boys could be easily trained to do the work, as is done elsewhere.
The appropriations asked by the Trustees, of $13,500, for wardrobes and other furniture, window-shutters, fences, repairs, and a laundry building, I consider as actually neces- sary, not only for the comfort of the inmates of the Institu- tion, but in the interest of economy. In regard to the other special appropriations asked by the Trustees, you are referred to the report.
COLLEGE FOB THE BLIND
Of the special appropriations made for this institution, for sundry purposes, by the Sixteenth General Assembly, there was on hand at close of last report the sum of $166.93; of the special appropriations of the Seventeenth General Assembly there was on hand, at the same time, $949.67; the special appropriations made by the Eighteenth General Assembly amounted to $3,000; making an aggregate of $4,116.60. Of these funds there has been paid into the State treasury the sum of $154.74, and there has been ex- pended for various purposes, as shown by the treasurer's report, the sum of $3,577.71, leaving in his hands a balance of all special appropriations of $384.15. The receipts of support funds from all sources, including a balance on hand at close of last report of $5,279.76, amount to $50,595.58. The expenditures for the support of the institution for the biennial period have been $50,183.15, leaving a balance in the hands of the treasurer of $412.43.
GOVERNOR JOHN HENRY GEAR 121
It will be observed that the trustees have used the appro- priation of $1,000 for repairs of boilers, in purchasing new ones, "upon the advice of a competent boiler inspector." A portion of the cost of these new boilers has been paid from support fund. Of the propriety of this diversion of funds, the General Assembly must be the judge.
The roof of the College is badly in need of repairs, and a sufficient appropriation should be made for this purpose. An appropriation should also be made for building a suit- able fence to inclose the College grounds; and an allowance of $1,000 for contingent fund is neccessary.
The National Commissioner of Education names this Col- lege as imparting a higher class of education than any simi- lar institution in the country; at which one need not be surprised who is familiar with the business-like manner in which it is managed. Section 1680 of the Code requires county superintendents of schools to report to the principal of the College the name, age, residence, and post-office address of every blind person in their respective counties. According to the report of the principal, many of the county superintendents fail to perform this duty, perhaps because no officer is required to report the facts to them. This might be remedied.
SOLDIERS' ORPHANS' HOME AND HOME FOR INDIGENT CHILDREN
The report of the treasurer of this institution shows that he has received from the State and other sources, on ac- count of special appropriations, the sum of $33,185; that there has been expended in accordance with the provisions
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of the law appropriating the same, the sum of $20,000 for eight cottages and a school building, and $7,185 for the erection of a dining-hall and kitchen in lieu of the one which was burned in July last; and that he paid over to the super- intendent the sum of $6,000 of the special appropriations, an account of the expenditure of which will be found in the superintendent's report. The Treasurer also received from the State, on account of support fund, the sum of $29,- 712.26, all of which he has paid to the superintendent ex- cept $1.16 paid for exchange, and for which the superin- tendent accounts in his report.
The report of the superintendent shows that he had on hand at the close of the last report, of funds belonging to special appropriations, the sum of $900.39; that he has re- ceived from the treasurer of the institution on account of special appropriations made by the Eighteenth General Assembly the sum of $6,000; that he has received from other sources $69.02, making an aggregate of this class of funds of $6,969.41; and that he has expended the sum of $6,688.13, leaving balance in his hands of $281.28. Of support funds, the superintendent had on hand at close of the last biennial period the sum of $3,102.72. He received from the treasurer of the institution $29,711.10, and from other sources $664.48, making a total of $33,478.30. He has expended for support, as shown by his report, $33,- 429.85, leaving a balance in his hands of $48.45, and a bal- ance of all funds of $329.73.
On the first of last July, while on my way East, I received a telegram that the dining-hall and kitchen of this institu tion had been consumed by fire. I immediately returned,
GOVERNOR JOHN HENRY GEAR 123
and at once called a meeting of the Executive Council for consultation as to what should be done. On our arrival at the Home we found that temporary arrangements for the purpose of cooking and for feeding the inmates had been made by the president and superintendent. Feeling that the emergency demanded it, the Executive Council author- ized the immediate erection of a new dining-hall and kitchen. This has since been done in a substantial manner, at a cost of $7,185, although the upper story of the building is yet unfinished. To pay for this building the Board of Trustees used the amount of an insurance upon the building destroy- ed— $2,000; the Executive Council appropriated $3,185 from the providential contingent fund; and I advised the Board to use $2,000 of surplus support fund over and above an amount ample for the support of the institution, which advice the Board adopted, and thus completed paying for the house. For this diversion from the support fund I alone am responsible, and whatever measure of censure may attach to that act should rest on myself. The Executive Council, in view of other possible contingencies of a like character which might arise, did not feel like expending so large a portion of the providential contingent fund as would otherwise be necessary, and the question was whether the Home should be crippled by a lack of cooking and refectory accommodations, or whether the building should be erected, and the surplus of the support fund used towards the pay- ment of the cost of the same. If there has ever been a case during my administration of the executive office where "the end justified the means," this was one of that character. The economy with which this institution is managed is
124 MESSAGES AND PROCLAMATIONS OF
admirable. It has the right, under the law, to draw $10 per month per capita for the support of the inmates. Over two years ago, finding the institution had a large surplus of support funds on hand, I advised the Board not to draw to the full extent of the amount allowed by law, to which the Trustees agreed. Since that time they have drawn at the rate of only $8.33 per inmate per month, exceeding this amount only once, and have, by this means, accumulated over $4, 000 in the State treasury.
While the number of soldiers' orphans is decreasing the number of indigent children is steadily increasing. The law should, in my judgment, be amended so that the coun- ties should be required to send all the indigent children to this institution, where they may have the advantages of in- struction which will fit them for good citizenship, rather than to let them remain in the poor-houses to associate with the vicious and depraved and to be liable eventually to be- come criminals. The fact that there are in the county poor- houses of the State at this time eighty-five children under five years of age, fifty-four between the ages of five and ten, and twenty -eight between ten and fifteen, emphasizes the necessity for amending the law in this respect.
The quarters occupied by the superintendent and other officers of the Home are in an old frame building in a dilapi- dated condition, and cannot be repaired to any advantage, so as even to be comfortable. An appropriation should be made, during this session, for a new building; also, one to complete the dining-hall. The appropriation for furniture, laundry, steam heating, and boiler house, I consider abso- lutely necessary to be made.
GOVERNOR JOHN HENRY GEAR 125
For a detailed statement of the wants of the institution you are referred to the report of the Trustees and super- intendent.
ASYLUM FOR FEEBLE-MINDED CHILDREN
The report of the treasurer shows that he has received from special appropriations and from other sources for spe- cial funds, including a balance of $71.63 on hand at close of his last report, the sum of $14,410.72; and that there has been disbursed, for the various purposes authorized by the acts appropriating the funds, $13,968.01, leaving a bal- ance on hand of special funds of $442.71. Of providential contingent fund, the expenditure of which was authorized by the Executive Council, he has received, and disbursed, the sum of $1,392.52. Of support fund, the receipts, including a balance of $617.95 on hand at close of previous term, have been from all sources $46,414.22, and the expenditures $49,537.77, of which sum there has been paid $46,801.91, leaving orders on the treasurer outstanding and unpaid to the amount of $2,735.86. It is expected that these out- standing orders will be met by collections from the counties, of which there is due the Asylum the sum of $3,008.76 for clothing, for the details of which you are referred to the last page of the treasurer's report. I find that there has been paid for interest on orders, during the biennial period, the sum of $133.23, which, in my opinion, is not warranted by law.
I regret that I cannot commend the management of this institution for that general degree of economy that I can freely accord to the other State institutions. In May last
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the Board of Trustees addressed a letter to the Executive Council, asking that body to allow the Board to create a debt against the State under the provisions of chapter 67, acts of the Seventeenth General Assembly, on the ground of inability to support the institution on the amount allowed by law. The Executive Council appointed the Auditor of State and myself a special committee to visit the Asylum, inspect the books, inquire into the management, and report regarding the alleged necessity. On visiting the Asylum, we found that the expenditures for support had exceeded the amount appropriated by law — viz., $10 per month for each inmate, besides $2,500 a year for teachers' fund — and that the institution was in debt over $4,000; in other words, the Trustees had permitted the superintendent to exceed the expenditure allowed by law by the amount of this debt. We found also that there were thirty -five employes, which was in our judgment many more than was necessary. On our return I at once invited the Board of Trustees to meet the Executive Council at Des Moines. After hearing the state- ment of the Trustees, and the report of the special com- mittee, the Council, by a unanimous vote, refused to grant the request of the Trustees. I at once wrote a letter to the president of the Board, calling the attention of the Board to the facts in the case, a copy of which letter is hereto ap- pended, and to which your attention is especially called. In this letter, as will be seen, I suggested action on the part of the Board looking to reduced expenditures, in order that they might be brought within the limit allowed by law. The Board subsequently reduced the number of employes, and cut down the rate of expenditure, so that the Asylum,
GOVERNOR JOHN HENRY GEAR 127
at the date of the report, was in debt to an amount a little less than that due from the counties for clothing.
The location of this institution is a good one in all re- spects, especially as regards sanitary concerns, and it should be enlarged by the erection of additional buildings, as the Asylum is already crowded beyond its capacity, and the increase of the number of those demanding admission may be reasonably expected to correspond with the growth of the State. The clothing allowance of the children should be advanced by the State — as is done with the College for the Blind and the Institution for the Deaf and Dumb, — and collected by the State from the counties. The counties do- not, under the present system, remit the sums due the Asylum as promptly as they do where the amounts are collected directly by the State.
As it is presumed that every citizen pays taxes according to his means, all the beneficiaries of this Asylum should be placed on an equal footing, and all alike supported at the public expense so long as they remain in the Asylum.
HOSPITAL FOB THE INSANE AT MT. PLEASANT
The report of the treasurer of this institution shows that he had on hand at the close of the last report a balance of special funds of $691.23; that he has received from the State and other sources $16,542.50, making an aggregate of $17,233.73; that he has disbursed on account of special appropriations $17,230.14, leaving a balance of special funds of $3.59. Of support funds, the receipts, including balance on hand at close of the last report, have been $177,284.44, and the disbursements have been $177,203.89, leaving a.
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balance on hand of $80.55; and a balance in all funds of $84.14.
The Trustees recommend sundry appropriations to the amount of $35,900, the largest item of which is $9,000 for general repairs and contingent fund. This amount may seem large, but it must be borne in mind that this building has been in use for twenty-two years, and as a consequence the outlay for repairs in the future must be large. The completion of the work of replacing the walls of the sub- basement is an imperative necessity in order to protect the building. The work which has been done in replacing these walls is first- class in character. The new partition- walls asked for are required for better protection against fire. For the other appropriations asked for, and the neces- sity therefor, I refer you to the reports of the Trustees and superintendent.
In the early part of last summer my attention was called to charges, made by newspapers and otherwise, to the effect that the food furnished the patients at this Hospital was insufficient in quantity and poor in quality. There were other charges of cruelty to inmates, etc. I at once went to Mt Pleasant and inspected the institution. My visit was unannounced, and of course unexpected. I examined the Hospital in all its departments, the quantity and quality of food, and the method of cooking, and inquired into the general treatment and care of the inmates. I found the quality of the food furnished to be as good as, or better than, that in average daily use among the people of the State, and ample in quantity; and so far as I could judge the treatment of the inmates was kind and humane. The
GOVERNOR JOHN HENRY GEAR 129
examination convinced me that the charges were entirely unfounded and malicious. This conviction has been strength- ened by the fact that the parties making the charges have entirely failed to substantiate them when requested to pro- duce proof by the management of the Hospital. I believe this institution has been managed during the biennial period with strict economy.
HOSPITAL AT INDEPENDENCE
The receipts from special appropriations have been, for the biennial period, $2,728.24, which includes the balance of an appropriation made by the Seventeenth General As- sembly, amounting to $187.08. The expenditures from special appropriations have been $2,655.81, leaving a bal- ance in this class of funds of $72.43. Of support fund there was on hand, at close of last report, the sum of $13,- 507.30, and there has been received during the biennial period as follows: From the steward, $5,345.92; from in- terest on State warrants, $71.83; and from the State treas- ury, $139,912; aggregating the sum of $158,837.05. The expenditures for the support of the institution have been $150,792.86, leaving a balance in the hands of the Treas- urer of $8,044.19.
Your attention is called to the necessity for an appropria- tion for plastering the air-ducts, and for a fan, in order that the better ventilation and heating of the building may be secured. Appropriations are also asked for sewerage and cistern. As pure fresh air and an abundance of water are, above all things, desirable for the health of the inmates of an institution of this character, I trust that the request of
130 MESSAGES AND PROCLAMATIONS OF
the Trustees may be met by an appropriation to meet these necessities. The Trustees also ask for an appropriation for new boilers. As the boilers have been in use ten years it would seem that they should be replaced. The building should be repointed and painted, as suggested by the re- port.
Your attention is especially called to that part of the re- port concerning the expenditure of $1,341.99 from the con- tingent fund for furnishing the section just completed. The appropriation made by the Eighteenth General Assembly for "finishing and furnishing" this section was found, not- withstanding the practice of the most exacting economy, to be sufficient only for the construction, leaving the furniture unprovided for. In this shape, the Commissioners were ready to turn over the building. The alternative then con- fronted the Trustees, should the section remain idle a whole year until the General Assembly should make an appropria- tion for the furniture, or should the Trustees make use of an appropriation for a contingent fund which was not immedi- ately needed for that purpose, and by means thereof fit up the apartments for patients, for whose admission there was imperative demand. The Trustees applied to the Executive Council to advance the amount necessary from the provi- dential contingent fund, but the Council, being of the opin- ion that the contingency was not such as to warrant the expenditure from that fund, declined to do so. After a full consultation with the Trustees, I advised that it be paid out of the contingent fund of the institution, and this being in accordance with their judgment was done, resulting in the expenditure stated. I trust the General Assembly will con-
GOVERNOR JOHN HENRY GEAR 131
sider such diversion of funds justified by the formidable character of the emergency. The expenditure of $356 from the support funds, for the completion of the reservoir, I do not indorse, but, on the contrary, I think the Trustees clearly transcended their authority, as I do not for a moment think Trustees should be permitted to construct permanent works from the support funds. The Trustees applied to the Executive Council for funds to complete the reservoir, but the Council was not of the opinion that the necessity for its completion was sufficiently urgent to warrant this ex- penditure from the providential contingent fund. The Gen- eral Assembly must be the judge of the propriety of this expenditure.
The general management of this institution is excellent, and it is carried on with a due regard to economy of admin- istration in all its departments.
The report of the Board of Commissioners to build the Insane Hospital at Independence, shows that the treasurer of the Board had on hand, at the date of the last report, the sum of $105.46; that he received from the State, under ap- propriations made by the Eighteenth General Assembly, for sundry purposes, $32,500, making an aggregate of $32,- 605.46; and that he has disbursed the total amount. The work on the additional sections has been well done, and the design and finish are in harmony with the rest of the build- ing.
The cost of building the remaining two sections is esti- mated at $75,000. These two sections, if erected, would complete the building. That the early completion of these sections is a necessity no one, who will examine the statistics
132 MESSAGES AND PROCLAMATIONS OF
regarding the insane in the State, can for a moment doubt; and the necessity for their construction is clearly set forth in the report of the superintendent of the Hospital, to which I invite your attention.
COMMITTEE TO VISIT HOSPITALS FOR THE INSANE
The Visiting Committee to the Hospitals for the Insane reports that there are fully fifteen hundred insane in the State, the larger number of whom are incurable, and that about five hundred of this number are not in the insane hos- pitals, but are maintained mainly 'in the poor-houses of the respective counties. In view of this state of affairs it may well be considered whether the time has not come for the erection of a plain, substantial brick building in the central part of the State in which these incurables shall be kept. The removal of this class of insane from the present hos- pitals would greatly enhance their efficiency. The objection to placing a building intended for the reception and keeping of incurables on the grounds near the present hospitals is clearly set forth in the report of the Committee, and from my own personal observation I can indorse its views in this regard. For details regarding the management of the Hos- pitals and the investigation of cases by the Committee, you are referred to the report.
INSANE CONVICTS
The superintendents of the hospitals for the insane have repeatedly called attention to the evils resulting from the confinement of insane criminals with the other inmates of these institutions, and my personal observation during fre-
GOVERNOR JOHN HENRY GEAR 133
quent visits to the hospitals leads me to concur in the views of these officers on this subject, and to appreciate the neces- sity for some provision for their separate care and confine- ment. In view of the present number of this class of insane, and the probable increase in that number in the future, the time has, in my judgment, arrived when the State should erect a building especially for this class of insane. There is ample room to spare in the present prison-grounds at Ana- mosa for a building of this character, with abundance of stone of the best quality for its construction in a quarry owned by the State.
THE EEFORM SCHOOL
Of the special appropriations made by the Eighteenth General Assembly for this institution there has been received by the treasurer from the State the sum of $16,010, and from other sources 70 cents, making, with a balance of $597.17 on hand at the beginning of the biennial period, a total of $16,607.87. There has been expended in accordance with the law appropriating the funds $14,605.93, leaving a bal- ance of special funds in the hands of the treasurer of $2,001.94. Of support funds the treasurer had on hand at the close of the last report a balance of $1,469.37. He has received from the State $49,152, mating in all $50,621.37. There has been expended for support of the two depart- ments of the School $49,472.46, leaving a balance on hand of $1,148.91, and a balance of all funds in the hands of the treasurer of $3,150.85.
The report of the superintendent shows that he had on hand, at the close of the last term, $146.61; that he has re-
134 MESSAGES AND PROCLAMATIONS OF
ceived from the treasurer of the School $47,552; that he has received from other sources $3,023.97, making a total of $50,722.58; that he has paid out for the support of the girls' department, $12,323.35, and for the support of the boys' department, $38,557.63, aggregating, for the support of both departments, $50,880.98, and leaving a balance due the superintendent of $158.40. The balance of $430.45, remaining out of a debt of about $9,000, which the present administration of the school inherited, has been paid, and the institution, for the first time in six years, is out of debt; a fact which has been accomplished only by the strictest economy on the part of the present Board of Trustees.
In the latter part of September last, a portion of the west wall and a section of the roof of the main building, at Eldora, was torn away by a wind-storm. The Executive Council, accompanied by Hon. Robert S. Finkbine, architect, visited the School, and after an examination empowered the Board of Trustees to repair the same at once by rebuilding the wall and replacing the roof. An appropriation should be made to complete the repairs and finish the building, which I regard as a necessity, and in my judgment the amount asked for by the Board for that purpose is essential for the protection and proper improvement of the property.
The School is well managed; the discipline is admirable; and the results gained in reclaiming these unfortunate boys to lives of usefulness and honor, are most gratifying.
Chapter 171, acts of the Eighteenth General Assembly authorized the Executive Council to purchase, for the use of the girls' department, the property known as "Mitchell Seminary," the price to be paid for the same not to exceed
GOVERNOR JOHN HENRY GEAR 135
),000, and the terms to be one-half payable in 1882, and one-half in 1884. The property was purchased at the price named in the act; but, there being an abundance of funds in the treasury at the time, the Executive Council was of the opinion that it was for the interest of the State to pay cash for the property rather than to buy it on time. Immedi- ately after the purchase the department was moved, and now occupies the property. The building is a good one, and the property, by its location, well adapted to the use of this department.
The report of the assistant superintendent for this depart- ment shows that the balance of funds on hand, October 1, 1879, was $343.49; that the receipts for the period from the superintendent of the School were $12,123.20, and from other sources $637.37, making a total of $13,104.06; and that the disbursements for support for the period were $12,- 986.58, leaving a balance on hand of $117.48.
The building should be enlarged at once, as its crowded condition is prejudicial to the health of the inmates. An additional building is also needed for the accommodation of the assistant superintendent and employes; and a small building for laundry and bathing purposes should also be erected. The fence needs replacing at once; and I suggest that an appropriation be made to meet these necessities. A small appropriation is also necessary as a contingent fund. As this department had no such fund, the Executive Coun- cil was compelled to appropriate $200 from the providential contingent fund for the purpose of supplying the School with water. For details regarding this department you are referred to the report thereof.
136 MESSAGES AND PROCLAMATIONS OF
The recommendation of the assistant superintendent, that the law be so changed as to hold the girls subject to the restraints of the School until the age of twenty- one, I regard as a good one.
In my opinion the interests of this department would be best subserved, if it were separated from the boys' depart- ment and maintained as a distinct institution. The work of reclaiming these unfortunate girls is a noble one, and should be encouraged in every possible manner.
In the latter part of November, 1881, the Trustees and superintendent called on the Executive Council for permis- sion to incur an indebtedness, on the ground that they were unable to support the girls' department on the amount allowed by law. After hearing all the facts in the case, and being satisfied that the necessity existed, the Executive Coun- cil by a unanimous vote authorized the Trustees to incur a debt to the amount of five thousand dollars, for the payment of which it will be necessary for your honorable body to make an appropriation.
THE PENITENTIARY AT FORT MADISON
The receipts of this prison on account of salaries and for special purposes during the biennial period were $50,028.48, and the disbursements were, for salaries of officers and guards $31,283.81, and for sundry improvements, for which appro- priations were made by the General Assembly $18,744.67, aggregating the same as the receipts, and leaving no balance on hand. The receipts on account of general support, in- cluding a balance of $1, 160. 76 on hand at date of last report, were $80,795.45, and the disbursements were, for support
GOVERNOR JOHN HENRY GEAR 137
of prisoners $64,000.25, paid into the State treasury $14,- 079.87, aggregating $78,080.12, and leaving a balance on hand, in support fund, of $2,715.37. The receipts on account of convicts' deposits, including a balance of $279.27 on hand September 30, 1879, were $4,214.93; and the amounts paid out aggregate $3,443.47, leaving a balance of $771.46 on hand. The receipts from visitors, including a balance of $315.69 on hand at the close of the previous period, were $1,088.54, and the disbursements for the library were $778.46, leaving a balance on hand in this fund of $310. 08. The bal- ance on hand in all funds was $3,796.91, for the details of which you are respectfully referred to the report.
The disbursements under special appropriations have been made with economy, and the work authorized thereby has been well done. The new roof which has been put on the cell-house, being of iron, renders this building entirely fire- proof. A new wash-house has been erected and is now ready for use. This was a much needed improvement. In the basement of this building will be placed the boilers, which will furnish the steam for heating the entire prison. Con- tracts have been entered into for the erection of the heating works to the amount of the appropriation made by the last General Assembly. An appropriation to pay for the fixtures to complete these works is needed. When they are finished the danger from fire will be much lessened, and the saving in fuel will, in a few years, more than repay the expenditure. A little over a year ago the Warden advised me that the pump and a portion of the pipe through which the supply of water for the prison is obtained had given out and that a water famine at the prison was imminent. The Executive
138 MESSAGES AND PROCLAMATIONS OF
Council immediately visited the prison, and upon examina- tion authorized the purchase of a new pump at an expense of $640, which was paid for out of the providential contingent fund. The pump -house is at present located below where the new sewer empties into the river, and sanitary reasons demand its relocation as suggested by the Warden. An appropriation of sufficient amount to make the change is necessary.
It would seem only just that the appropriation of $80, asked for by the warden to reimburse the surgeon and hos- pital-steward for clothing used in small-pox case should be made. The appropriations for repairs and transportation of convicts are necessary. The appropriations asked for by the Warden for the payment of gifts and turn-out suits, and for the purchase of blankets, I do not indorse, as they have heretofore been paid for out of support funds, and are, in my opinion, properly chargeable thereto. In the interest of the health of the convicts, the Executive Council author- ized the construction of a "lean to" on the shop containing the forges, to take the place of the shop on the second floor thereof, the use of which is to be discontinued as a work- room; this was accordingly done, and paid for out of the general repairs fund. I am of the opinion that an addition of a building on the opposite side would be favorable to the health of the convicts employed in the forge -room.
During the biennial period, contracts for the labor of the convicts, for a period of ten years, have been entered into by the Warden, at higher rates than have been received under former contracts, and these have been approved by the Executive Council.
GOVERNOR JOHN HENRY GEAR 139
The discipline of the prison is excellent, and the books are kept in a neat and accurate manner. A comparative statement of the management of this penitentiary, under the administration of the present Warden and that of his im- mediate predecessor, may not be amiss. The former Warden, during the last four years he held the office, expended for support nearly twice the amount allowed by law, which ex- penditure required not only the use of all the proceeds of the labor of the convicts, but in addition there was paid to him from the State treasury $52,946.06; while the present Warden supported the convicts, during his first term, at the rate of $5.40 per convict per month, and thus far during his second term at the rate of $7 per convict per month; and, in- stead of drawing from the State treasury for purposes of sup- port, he has paid into the treasury, from his general support fund, by my order, the sum of $28,081.46; and he had on hand, in assets available for the support of convicts, at the close of the present biennial period, in cash, $2,715.37, in contractors' notes $9,246.81, in accounts against contractors $2,703.55, and in provisions and supplies $4.215.38, aggre- gating $18,881.11. Further comment is unnecessary, as the figures tell the story very plainly. Suffice to say, if the former Warden had administered the affairs of the prison with the same regard to law and economy which has char- acterized the administration of the present incumbent, the State would have been over one hundred thousand dollars better off by reason thereof.
Your attention is called to the debts against the State incurred by the late Warden, and left unpaid when he went out of office. These amount to about $15,000, and have
140 MESSAGES AND PROCLAMATIONS OF
been standing four years and over. They should have been paid, and I suggest that an appropriation for that purpose be made and placed under the control of the Executive Council for disbursement, on proper proof being made as to the justice of the claim, and the further proof that the party to whom the debt is due did not collude with others to de- fraud the State.
During the past two years, suits have been prosecuted against the late Warden, his sureties, and persons implicated with him. Judgment has been obtained in the district court of the county of Van Buren against Morris, a clothing contractor, for $4,096.81, and the amount collected. Judg- ment has also been obtained against the late Warden, in the circuit court at Keokuk, on his last bond, for $8,000. The sureties on this bond, who had separated their case from that of the Warden, are contesting the validity of the bond on account of alleged serious irregularities in its execution, and their suit is now in the Supreme Court on appeal. The expenses have been $3,464.07, leaving $2,082.24, including moneys advanced by the State, in the hands of the attorney, who, in connection with the Attorney-general, has charge of the case. The expenses attending this litigation have been heavy, owing to frequent continuances, changes of venue, and other means resorted to by the defense to delay matters; but, whatever its cost, if it shall have no other ultimate effect than to demonstrate that the State cannot be plundered with impunity by its servants, it will be money well spent. I deem it proper here to say a word of com- mendation of the manner in which the State's case has been conducted by Hon. Galusha Parsons, the counsel having im-
GOVERNOR JOHN HENRY GEAR 141
mediate charge of it, who has devoted time and attention to this litigation, and brought to the trial and argument of the causes an ability and experience which have done much to- wards attaining the results already achieved, and give prom- ise of further success in the suits yet to be determined.
Both penitentiaries have been regularly visited as required by law, and at each visit the accounts have been examined, and the cash counted and found to correspond with the amount called for by the books.
ADDITIONAL PENITENTIARY
The report of the Warden of this institution shows that he had on hand at the date of his last report, of special funds, the sum of $195.42; that his receipts from the State, under special appropriations, were $58,465.20; and from other sources $90.78, making a total of $58,751.40; and that he has expended, of special funds, as shown by his report, $49,- 385.81, leaving $634.41 due other funds of the prison, which will be repaid when he makes his next requisition on the State treasury for special funds. He has received from the State for the payment of officers and guards the sum of $34,- 632.48, all of which has been expended. Of support-fund he had on hand, at close of his last report $3,808.31; his receipts from the State for the period were $31,294.94, and from other sources $57.80, making a total of $35,161.05; and his disbursements for general support were $29,814.65; and he has paid into the State treasury by my order $2,- 259.71, making a total disbursement from this fund of $32,- 074.36, and leaving a balance of support-funds on hand of $3,086.69. The receipts from funds deposited by convicts,
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including balance on hand September 30, 1879, of $128.25, were $1,425, and the disbursements $1,379.30, leaving a balance due this fund of $145.70. The receipts of the vis- itors' fund, including balance on hand at close of last report, September 30, 1879, of $173.77, were $994.87; and the dis- bursements on library account $559.54, leaving a balance due this fund of $435.33; and making balance in all funds of $3,- 934.33, less amount which has been advanced, on construc- tion account, from these funds, of $901.02, which proves the balance on hand of $3,033.31, as shown by the clerk's report, and which advance will be reimbursed from the next requi- sition, as before stated.
Since the date of the last biennial report the cell-house has been completed, and is now occupied by the prisoners. This building is believed to be one of the best in the coun- try. The heating and ventilating apparatus has been put in, and works satisfactorily.
The sewer has been completed at a cost of $4,112.47, be- ing nearly $900 within the limit of the appropriation. The front gate and a large portion of one side of the prison in- closure have been constructed, besides much other work, for the details of which you are referred to the Warden's report. All the work has been done in the most thorough manner, and if the general plan is carried out, as it has been com- menced, Iowa will have one of the model penitentiaries of the country. "Work on the wall should be prosecuted as fast as possible, in order that the prison shall be entirely inclosed, thus cutting off all chances of escape by the convicts. A marked necessity of the prison is an ample supply of water. For the past three years this supply has been furnished by
GOVERNOR JOHN HENRY GEAR 143
the Anamosa Water-works. The Warden suggests the lay- ing of pipes to a spring to which the State has a right of way. In 1878, Hon. Buren R. Sherman and myself devoted a whole morning to the examination of this so-called spring. Our opinion then was that there was not water enough flow- ing from it for a permanent supply for the prison. In my opinion, it would be economy for the State, and to the best interest of the prison, to put in a small pump at the river and with it pump water to a reservoir to be built on the hill above the prison. This could be done at an expenditure of not exceeding $8,000.
o t
The discipline of the prison is good, and I believe that its affairs are administered with economy and efficiency. For nearly four years past Warden Martin has, under appoint- ment of the Executive Council, acted as superintendent of construction without any extra compensation. The other members of the Council join me in saying that he has filled this appoininent in a satisfactory manner, both as regards economy of management and quality of work, and the State has thus been saved the compensation which, otherwise, must have been paid a superintendent, amounting to nearly $6,000. The quarry which the State purchased has been thoroughly developed, and will furnish sufficient stone for the wants of the prison for many years.
Your attention is called to the fact that the statute nowhere fixes the term of office of the Warden of the Additional Pen- itentiary, nor the mode of his selection. Chapter 40, of the acts of 1876, provided for the election of a Warden "by the General Assembly, " to hold "office for two years from the first day of April, 1876, and until his successor is elected
144 MESSAGES AND PROCLAMATIONS OF
and qualified ; " but makes no provision for such successor. I deem the question one of much importance and demanding immediate legislative action.
GRADED PRISONS
In view of the fact that the Additional Penitentiary is partially completed, has not the time arrived when the Gen- eral Assembly should inaugurate a system of graded prisons, so that those who are convicted of the graver offenses and sentenced for longer terms, and those convicted a second time, should be imprisoned at Fort Madison, and those whose terms of service are shorter should be sent to Ana- mosa? It is certainly against the reformation of the young criminal who is imprisoned, perhaps for his first offense, to be brought in daily contact with those who are hardened in crime, and for whom there is little hope for reform. In my judgment, a much larger proportion of the younger class of criminals would, warned by their past experience, become good citizens when their term of service expires, than is the case at present, if it were not for the contaminating influence of older, vicious, and hardened convicts with whom they are compelled to work day by day during the term of their ser- vice. The theory of the law is that criminals are punished not only for the crime committed but as an example to oth- ers. The reformation of the criminal is at the same time incidentally forwarded by means of opportunities for educa- tion, religious teachings, and consolation, and an ample sup- ply of books, all of which accord with the true theory regard- ing the reclamation of criminals. Another step in a human- itarian direction would be, after the State has been reim-
GOVERNOR JOHN HENRY GEAR 145
bursed its outlay on account of the convict's crime, to allow him his proportion of the surplus earnings over and above the cost of his support. It is not in accordance with the dig- nity of the State to make money out of the convict's labor, or to enter into competition with free labor.
It has become a settled conviction, in the minds of all thoughtful persons who have paid any attention to this sub- ject, that mere punishment has little if anything to do with the reformation of a criminal. If he is to be reformed, he must be lifted up, and have thrown around him. influences of a humane and elevating character; and society has little to hope for in any attempts at reformation based on merely punitive measures. If the humane and benevolent societies of the State were to take steps for the purpose of procuring work for the convict when his term of sentence expires, he would be induced to feel, if he had any manhood left in him, that there was still a place for him in society, where he might rise from his fallen estate, rather than become the companion of the vicious and depraved.
JUVENILE CRIMINALS FROM ABROAD
During the past four years there has been brought to Iowa, under the auspices of humane societies, for the pur- pose of finding them homes, a large number of children of both sexes. These children have been picked up on the streets, kept in some charitable institution for a short time, and then sent West by the car load and bound out to our people. While the object sought by those managing this work is a good one, yet I am sorry to say that the results, in the main, are not such as could be desired. Many of
146 MESSAGES AND PROCLAMATIONS OF
these children are of the "hoodlum" type, criminal by heredity, and almost immediately on their arrival in the State leave the homes provided for them and take to vicious practices, and, because of the superior acumen super- induced by their former method of living, exercise a bad influence on the children they are brought in contact with. A notable example of this was seen in the recent successful attempt to throw a train from the track of one of our prin- cipal railroads, whereby a valuable life was lost and all the passengers on the train imperiled. How many of these children have been brought to the State I am not aware, but of those brought here there are at this time in the Re- form School eight boys and one girl, and two are at present inmates of the Additional Penitentiary, and the Warden informs me that he has had as many as ten at one time in confinement in that institution. This matter demands such legislative action as may be found practicable towards pre- venting the State from becoming a harbor for the criminal youth of the seaboard cities.
REFORMATORY FOR CRIMINAL WOMEN
I have been requested by the philanthropic women of the State to call your attention to the expediency of erecting a reformatory for criminal women. There are, at present, at the penitentiaries of the State, no accommodations for female prisoners. If this reformatory were established, the females convicted of crime could be sent there, in place of being incarcerated in the penitentiaries and jails of the State. The system has worked well in other States, and doubtless would be equally productive of beneficial results here.
GOVERNOR JOHN HENRY GEAR 147
CRIMINAL RETURNS
The Secretary of State submits the usual biennial statis- tics of the convictions for crime. They show that the num- ber of convictions for the period was 2,451. This is a dimi- nution, as compared with the prior term, when they num- bered 2, 937, of sixteen and a half per cent, and with the term ended September 30, 1877, of twenty-five per cent. It is fair to assume that these figures indicate a marked decrease in the number of violations of the statutes. This is perhaps due to the enhanced general prosperity, prevalent through- out the country. The amount of fines imposed for the period was $137,707.33, and the amount collected was $34,959.42. The court expenses of the ninety-seven counties making returns amount to $715,035.48, being $38,443.92 less than for the former period, a reduction of about five and a quar- ter per cent. While this decrease is, of course, gratifying, yet even these lower figures show our criminal expenses to be enormously high, the average cost of each conviction dur- ing the period having been $291.81. It is no wonder that many of the counties complain at the large proportion of the taxes collected, that is expended in criminal prosecutions, so large indeed as frequently to hinder the payment of other county expenses. One cause, and probably the most potent one, of these enormous expenses, is to be found in the delays in trying criminals, the courts, for one reason or another, constantly postponing trials, thus often causing failures of prosecutions, while the expenses are accumulating. I sub- mit that this state of affairs demands remedial legislation, in order that the majesty of the law may be more promptly vin- dicated. Another serious source of expense is in the amount
148 MESSAGES AND PROCLAMATIONS OF
paid on account of preliminary examinations. These examin- ations are, or should be, for one purpose only: to secure the person of a criminal when desired by the prosecution for trial; and yet a large percentage of examinations are held when it is well known that the accused will be in the county, when and where he can be arrested whenever an indictment is found. I would recommend that section 4185, Code, be amended so that the preliminary examinations for which it provides, should be had only when felony is charged, and not then except in cases of murder or rape, unless upon a showing, satisfactory to the magistrate, that there is good reason to believe the accused would otherwise abscond be- fore the sitting of the grand jury.
I would further recommend that in cases of homicide, where the coroner's jury find the deceased came to his death by the unlawful act of some person, the coroner may issue his warrant for the commitment of such person (or his ad- mission to bail as the facts may warrant) to answer for said crime at the next term of the district court. This would obviate the necessity for a preliminary examination where the same testimony is necessarily repeated.
THE PLEA OF INSANITY
Owing to the recent commission of a heinous crime which has brought grief to every family in the nation, public attention has been very largely directed to the plea of in- sanity made by persons charged with homicidal crimes, and the claim of non- responsibility on account of insanity at the time the crime was committed. The law of this State pro- vides that "if the defense be the insanity of the defend-
GOVERNOR JOHN HENRY GEAR 149
ant the jury must be instructed, if they acquit him on that ground, to state that fact in their verdict." Should not this be revised? It seems to me that the plea of not guilty should not be allowed to cover the plea of insanity, but that the latter, when relied upon, should be specially plead and tried by experts, the inquiry being solely as to the state of mind of the defendant, first, at the time the act was com- mitted, and second, if necessary, at the time of the inquiry, the burden of proof being upon the defendant. If the de- fendant should be found to have been insane at the time the act was committed he should be confined as a dangerous man to society by reason of his insanity and the possibility of the recurrence of his malady.
It is not a little singular that, while in almost every case of murder where the offense is too notorious to admit of the doubt of guilt, insanity is plead, it is hardly ever heard of in connection with any other crime. This fact is well cal- culated to strengthen the popular estimate of the farcical character of this plea when it is made and enforces the de- mand for remedial legislation.
THE FISH COMMISSION
At the close of the last biennial period there remained, unexpended, of the appropriation made by the Seventeenth General Assembly for the Fish Commission, $698.30; and there was appropriated by the Eighteenth General Assem- bly $5,000, making a total of $5,698.30. There has been disbursed during the past biennial period $3,433.04, leaving $2,265.26 undrawn and available for the purposes of the appropriation.
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During the biennial period, large quantities of land-locked salmon, lake-trout, white fish, and brook-trout have been deposited in the streams and lakes of the State. The Com- missioner has succeeded in obtaining quite a large lot of European carp, which have been distributed. Good and sufficient ponds have been constructed at the hatching-house for these fish, and the time is near when the State will re- ceive the benefit of this cheap and easily raised fish.
I call your especial attention to the recommendation of the Commissioner regarding chapter 123, acts of the Eighteenth General Assembly, the constitutionality of which, so far as it requires the owners of dams to construct fish -ways, has been questioned, and I learn denied by one of our district courts. In order that the question may be finally ad j udicated, I have requested the Attorney-general to take to the Supreme Court the first case of which he has knowledge, where the decision of the lower court is unfavorable to the law. I also invite your attention to the act, in order that, if in your judg- ment any unconstitutional feature appear therein, it may be removed, so that the beneficent purpose of the statute may not be defeated.
The hatching-house in Dickinson county has been in opera- tion only since December, 1880. Its operations, even in that short period of time, have given promise of good results. The supply of water is unlimited, and the building is well adapted for the purpose designed. The appropriation of a small amount of money — say one thousand dollars — for the construction of artificial ponds, will enable the Assistant Commissioner to do a good work in restocking the lakes and rivers of the State with native fish, at a merely nominal cost.
GOVERNOR JOHN HENRY GEAR 151
The lakes, situated in Dickinson and other counties of north- ern Iowa, are beautiful sheets of water, and will, in the near future, be visited by vast numbers of our people, for pur- poses of health and recreation. Many of these lakes, at the present time, have an abundance of fine fish, but they are rapidly disappearing, for the reason that there are no means by which the fish, when they run down the streams in the spring, can repass the mill-dams, situated on the outlets. Another cause of the rapid decrease of fish, in these lakes, is owing to the immense amount which are speared through the ice during the winter months, aggregating, in Lake Oko- boji, hundreds of tons, annually. This practice should be summarily stopped by a stringent enactment, in order that these lakes may retain one of their most attractive features. I am aware that there are doubts in the minds of many as to the utility of the fish-hatchery for the purposes of propa- gating fish and restocking the streams of the State. While it is true that the results in this State, owing to the short time since the foundation of the Commission, have not as yet been such as to popularize this work, yet in view of the marked results attained in thirty -three States and three ter- ritories, in many of which commissions of this character have been in operation for a longer period, I am of the opinion that the day is not far distant when the Iowa Fish Commis- sion will, in the results accomplished, be found to have met the expectations, not only of the public, but of its most sanguine friends.
THE BOARD OF HEALTH
This Board was established, and its powers and duties defined, by chapter 151, acts of the Eighteenth General As-
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sembly. By the terms of the act the Attorney - general of the State, a civil engineer, and seven physicians compose its membership. The Board was organized in May, 1880. The act referred to appropriated $5,000 a year, or so much thereof as was necessary, to carry on the work of the Board. Of this amount there has been expended the sum of $3, - 945.75. The intention of the General Assembly in creating this Board was to "provide for the collection of vital statis- tics, and to assign certain duties to local boards," etc. The report of the Board covers a vast amount of valuable infor- mation regarding the diseases incident to our population, and also to the live stock of the State. It embraces essays on many subjects relating to infectious diseases and matters per- taining to sanitary science, which have been contributed by the members of the Board, and the leading scientists and physicians of the State. The information contained in the report will be of great value to our people. The obtaining of correct vital statistics is worth much more to the State than is expended in maintaining this Board. I earnestly call your attention to the recommendations of the Board, regard- ing the legislation needed to perfect the system. The statute should be amended in order that the highest degree of benefit be derived from the labors of the Board.
PHARMACY
The Eighteenth General Assembly enacted a law "to reg- ulate the sale of medicines and poisons. " By the provisions of the act the executive was required to appoint, * * with the advice of the Executive Council," "three Commissioners of Pharmacy." Said Commissioners were to have power to
GOVERNOR JOHN HENRY GEAR 153
make the necessary regulations to carry out the provisions of the act. The Board was organized April 26, 1880. From the report it will be seen that there are 2,241 registered pharmacists in the State. Your attention is called to the suggestion of the Commissioners that the law be amended so as to enable them to enforce penalties. It is a general rule of law that "the less is embraced in the greater," hence if the law creating this Board of Commissioners empowers it to make "by-laws and all necessary regulations," and to license and regulate under these "by-laws and regulations" all phar- macists, the Board, when a pharmacist is convicted of a vio- lation of its rules, has the power to revoke the license of the offender. As to the right of the Board to do this there seems to be a doubt, and in fact this right is now being con- tested in the courts. I suggest that the law be amended so as to remove all ambiguity in this respect.
MINE INSPECTION
The office of Mine Inspector was created by chapter 202, acts of the Eighteenth General Assembly. The law went into operation July 4, 1880. On the 28th of that month I appointed Parker C. Wilson, of Mahaska county, Inspector ad interim. His report shows the number of mines in oper- ation in the State, July 1, 1881, to be 457, in which there were employed 6,176 men and boys. The product of the mines during the year for which the report is made is, as nearly as can be determined, a little over 3,500,000 tons. During his term of office the Inspector has visited all the mines of the State, and most of them twice.
The production of coal is constantly increasing, and the
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mines are taxed to their utmost capacity to meet the demand for coal for heating and manufacturing purposes. Coal is being mined in twenty-six counties of the State, and is now found in some localities where it was not before supposed to exist.
Your attention is called to the suggestion of the Inspector regarding amendments to the law which are desirable in order to make its workings more harmonious. The law should be amended so as to require mine owners to report serious accidents of every description to persons employed in the mines; and the provision regarding ventilation of the mines should be amplified so as to insure a greater degree of safety to the miners. Section 13 of the law forbids the employment of boys under twelve years of age in the mines, a provision which I regret to say is being constantly vio- lated. In my judgment the employment of boys under fifteen years of age in the mines should be strictly forbid- den, and the same prohibition should apply to all boys of whatever age who are unable to read and write. As it is now, boys are placed in the mines at a very early age, and are deprived of the opportunity of acquiring any education whatever. The result is that they grow up in absolute ignorance.
The law requires the Inspector to visit and examine all the mines in the State and report on their condition. No provision is made for his traveling expenses. These ex- penses, in my opinion, should be paid by the State.
GOVERNOR JOHN HENRY GEAR 155
IOWA WEATHER SERVICE
The Seventeenth General Assembly established the Weather Service at Iowa City, under the charge of Prof. Gustavus Hinrichs, and appropriated for its maintenance $1,000 annually. There has been drawn from the State treasury, during the past biennial period, $1,974.22, which has been expended, as shown by the Superintendent's re- port, and for which amount vouchers have been filed with the Auditor of State. As will be seen by Prof. Hinrichs' report, much labor is involved in properly conducting the operations of the service. Over three hundred persons, located so as to include all portions of the State, are en- gaged as volunteers in making observations. In the list will be noted many of the leading men and women of the State. The work of the observers is done free of charge, and is on their part no small contribution to science. The object for which the service was established is a most desir- able one, and its findings, regarding the crops, rain -falls, and the general facts pertaining to the climatology of the State, will grow in value with the lapse of time.
I call the attention of the General Assembly to the report of the Superintendent of the Service, and suggest that an additional appropriation of one thousand dollars a year be made to carry forward the work.
IMMIGRATION COMMISSION
The Eighteenth General Assembly, by chapter 168, cre- ated the office of Commissioner of Immigration, and among its provisions made it the duty of that officer to use his efforts "to induce capital and industry to seek investment
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and employment in the development and improvement of the agricultural, manufacturing, and mining resources of the State." The act appropriated $5,000 per year for two years to pay the salary of the Commissioner and to defray the expenses necessary to be incurred to carry out the in- tent of the act. As authorized by the law, I, in May, 1880, appointed Hon. George D. Perkins Immigration Commis- sioner. Of the funds appropriated there has been expended up to Nov. 1, 1881, the sum of $5,372.25. For the details of the work done you are referred to the report.
I am satisfied that the information which has been dis- seminated through this agency has done much to draw attention to the resources of the State, and attract hither- ward a good class of immigration. The expenses of the commission are a mere trifle, and I trust the work so vigor- ously inaugurated by the Commissioner may meet with hearty support at your hands.
THE HISTORICAL SOCIETY
The receipts of this Society from the State and other sour- ces, including a balance of $40.13 on hand at date of last report, were $1,049.87; and the disbursements $940.13; leav- ing a balance on hand September 30, 1881, of $109.74. The Society's collection of historical data regarding the State is, and will be, of great interest and value to our people. For details regarding the work accomplished by the Society, and the expenditure of the funds, you are referred to the report.
157 THE NEW CAPITOL
The report of the Capitol Commissioners shows that there has been expended, during the past two years, $258,145.38, and altogether, up to this time, $1,834,533.88. Accom- panying the report are the detailed estimates of the Commis- sioners as to the amount necessary to complete the building. These estimates aggregate $649,446.34; but it should be borne in mind they do not include the amount necessary to furnish the building.
Believing a partial completion of the building to be not only practicable but necessary, I called on the Commission- ers for a supplemental estimate, which will be found with the report. This estimate shows that the building can be made ready for partial occupancy by January 1, 1884. To do this will require an expenditure of $523,282.44, aside from the amount required for furniture. There is available for this work, the present year, $125,000 of the appropria- tion of 1872. By an additional allowance of $100,000 for 1882, of $200,000 (to include the remainder of the appro- priation for 1872) for 1883, and $200,000 for 1884, aggre- gating $625,000, the building can be partially completed, and the finished portion furnished, in time for the convening of the Twentieth General Assembly. The cost of supervi- sion, the large sum already expended, the danger to the arch- ives of the State and her library, in the present building, and the crowded and uncomfortable condition of the latter, demand the prompt appropriation of sufficient funds to com- plete the work. In my judgment the healthy condition of the State's finances will warrant the appropriation without risk of embarrassment.
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SUPPORT OF STATE INSTITUTIONS
It is clearly evident that the recent heavy advance in pro- visions, clothing, fuel, and other necessaries of life will ren- der the support of the State institutions impossible on the present statutory allowances should the high prices continue during the current biennial period. As a reduction in prices may occur during the period, I would not consider it advis- able to increase the present monthly or quarterly allowance.
I would, however, suggest that whenever the Trustees of any of the State institutions, or the Wardens of the respect- ive Penitentiaries, are satisfied that the institutions under their charge respectively cannot be supported within the limit allowed by law, the Executive Council be authorized, in its discretion, and upon proper showing, to increase the allow- ance to such institution, for such time as may be necessary, at a rate of not exceeding two dollars per month for each of the inmates thereof. If this policy were adopted, the in- creased allowance could be discontinued whenever the Coun- cil should become of the opinion that the necessity therefor had ceased. Section 1 of chapter 67, acts of the Seventeenth General Assembly, makes it unlawful for any State institu- tion to incur a debt for support purposes without first obtain- ing the written consent of the Executive Council. It will be difficult, in case the necessity arises for the creation of a debt of a considerable amount, in such emergencies as are provided for in this section, to find persons who are willing, and financially able, to carry a debt against the institution for any length of time. I therefore suggest that this clause be re- pealed, and the power to increase the allowance be left to the Council, as I have suggested.
GOVERNOR JOHN HENRY GEAR 159
TREASURERS OF STATE INSTITUTIONS
If the office of treasurer of the several eleemosynary insti- tutions were abolished, and the superintendent made the cus- todian of all funds, the keeping of the books would be much simplified. As it is now, there are two sets of accounts kept for each institution, when one is sufficient. As the bills are all audited by the boards of trustees, the public funds would be fully as secure, and their disbursements as carefully guarded, as under the present system.
CONFERENCE OF CHARITIES
Considering it of importance that the State should be rep- resented at the meeting of the National Conference of Char- ities, I appointed Miss Margaret A. Cleaves, M. D., of Dav- enport, as a delegate to that body. Her report will be found printed with the State documents.
It is of much interest and value, and is a strong argument in favor of the establishment by the State at an early day of a State Board of Charities and Corrections, whose duty it shall be to supervise the management of our eleemosynary and penal institutions. The powers of such a board should be comprehensive in their scope, so as to embrace a full supervisory power over poor-houses and jails as well as the charitable and penal institutions of the State. There are, in the poor-houses of the State, or receiving aid in counties without poor-houses 1,304 persons. The statement of this fact, and the disclosures made regarding the management of poor-houses in many of the States, demonstrate that some supervision is necessary other than what is afforded under the present system.
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AGRICULTURE
During the past year there has been much anxiety mani- fested by growers of stock in this State for fear that "pleuro- pneumonia," or "bovine lung plague," and "Texas- fever," should become epidemic among our cattle; and also for fear of the spread of glanders among horses.
In March last my attention was urgently called to what was supposed to be "pleuro-pneumonia" in Clinton county, and I at once requested Dr. W. S. Robertson, President of the State Board of Health, to investigate the same. Under his advice I employed Dr. H. J. Detmars, V. S., of Chi- cago, who made a critical examination of the herd supposed to be infected. He found the disease to be an acute form of pneumonia — the result of insufficient care and exposure while in an enfeebled condition — among a herd of calves which had been brought from the Eastern States. This same disease has prevailed in many herds of young cattle recently imported into this State from Michigan, Ohio, and other States, and is, in my judgment, largely the result of such exposure, without suitable care and shelter, to the sudden changes incident to our early winter months. I was also requested to appoint some one to examine herds in Craw- ford and Jefferson counties. In compliance with these re- quests I appointed Professor Milliken Stalker, of the Agri- cultural College, to inspect the diseased cattle, which he promptly did. In Crawford county he reported the exist- ence of Texas fever in one herd, and in Jefferson county he found malignant anthrax prevalent.
I also appointed Professor Stalker and Dr. C. N. Wright, Veterinary Surgeon, to inspect diseased horses in Grundy,
GOVERNOR JOHN HENRY GEAR 161
Jasper, Polk, and Madison counties. In each of these counties glanders was found to exist, and, from facts which have come to my knowledge, I believe this disease prevails to some extent in several other counties in Central Iowa.
The expenses of these investigations were paid, $76 out of general revenue, and $207.20 out of the contingent fund of the executive office.
Statutes should be enacted to prevent the introduction of pleuro- pneumonia into the State, and laws now on our statute-books regarding the importation of cattle infested with Texas fever, and horses infected with glanders, be amended so as to make them more effective for the preven- tion and stamping out of these diseases. If this is not done there is grave danger that the live stock of the State will be seriously affected by them, and an immense pecuniary loss entailed on our people.
In the month of September last, I issued a circular letter to the people of the State, calling their attention to the reported prevalence of pleuro- pneumonia in many of the Eastern States, and urged them to desist from the importa- tion of cattle, and especially young calves, from other States. While it is a most gratifying fact that there is not, at this time, any infectious disease prevalent among our cat- tle, yet the interests involved are so vast that it would seem wise to inaugurate preventive measures to avoid their intro- duction or spread in the State.
The interests of Iowa being so largely agricultural, it seems to me that the creation of a Bureau of Agriculture having special charge of matters pertaining to this industry would be of great value. The chief of this Bureau should
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be a State officer. It should have connected with it a de- partment of entomology and veterinary science, and should be charged with the duty of examining into the causes and the best methods of prevention and treatment of the diseases incident to live stock of all kinds. It should also gather and disseminate information regarding the soils of the State, their adaptability to the production of grasses and grain, and whatever else is of importance to this, the dominant in- terest of the State. This Bureau, if properly maintained, would be of great value to our people, and a fountain of knowledge to those seeking information as to the resources of the State. The agricultural products alone of Iowa, dur- ing the past biennial period, aggregate the vast sum of five hundred millions of dollars. Surely the cost of maintaining a Bureau of Agriculture would be but a trifle as compared with the benefits to accrue to the State through interests of such magnitude.
STATE AGRICULTURAL SOCIETY
The tables in this Society's report, giving the amount and value of the products of the soil, and the live stock raised, show a gratifying increase as compared with former years. The crop returns made to the Society, embracing as they do all the counties in the State save one, have been gathered through the co-operation of over three hundred farmers. The expense connected therewith is quite large and has been defrayed by the Society, which is illy prepared to bear it. In order to make this portion of the work of the Society a permanent feature, an appropriation of $2,000 is asked for. The value to the general public of this feature of the report
GOVERNOR JOHN HENRY GEAR 163
would seem to warrant such appropriation. The papers on various topics connected with agriculture, contributed by our leading agriculturists, embodying, as they do, a varied per- sonal experience in the practical affairs of farm, life are of much interest and well worthy a careful perusal, and I trust they may convey to you valuable hints as to needed legisla- tion for the fostering of that interest which, more than all others combined, augments the prosperity of our State.
KAILWAYS
Your attention is called to the report of the Eailroad Com- missioners as being of much interest and value, especially as there is at this time so much discussion of the transportation question. The construction of railways is rapidly increasing in Iowa and throughout the country. At present there is a mileage in the State of nearly 5, 500 and there is in process of construction and partially completed fully 1,000 miles more. All of the counties in the State save two have rail- way facilities, and these will be reached by lines now in pro- cess of construction early in the spring of 1882. The bus- iness of the rail ways has increased enormously, which increase is a gratifying evidence of the growth of the State. The tables regarding the rates charged for the transportation of freight and passengers on the great lines of the country show that for several years past there has been a steady and grad- ual decrease therein, and that in this general reduction it is found some of our Iowa roads most largely participated. The tables of transportation charges on our Iowa roads on both local and inter -State traffic are elaborate, covering as they do many years of traffic, and these also show a gradual
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reduction in the charges year by year. Especially is this the case on traffic from interior points in Iowa to the Chicago market. It is a fact — though not shown in the report — that at this time the rates on dairy products from competing and non- competing points in this State to the seaboard markets are as low as they are on the same products from Central New York to the same markets. This is, of course, a direct benefit to the Iowa producer, as it renders his land, though over a thousand miles from market, as valuable for dairy purposes as if it were much nearer.
The opinion is freely expressed by prominent railway men that with reductions of grade and curvature on the through lines already built and in course of construction, with the more economical methods of operation which are being elaborated and applied, and with the usual results of free competition, the day is not far distant when still lower rates will be the rule.
It will also be seen by reference to the report that, while there have been large reductions in freight charges, the rates on freight from points in the interior of the State to points on the Mississippi River are much higher, relatively, than the rates to Chicago. Competition, the completion of new lines in harmony with river transportation, the inex- orable laws of trade, and a due regard, on the part of the railways, to the just demands of their customers, will, it is hoped, do much towards remedying the existing disparity in rates, at an early day. The report is accompanied by a map of the State, showing the railways built and in course of construction. Another interesting feature will be found in the profiles of grade of the leading lines crossing the
GOVERNOR JOHN HENRY GEAR 165
State from east to west and from north to south, the value thereof consisting in the means furnished for determining the relative cost of hauling freight over the different lines of road. The study of this subject will be useful to all having business relations with the roads, and may aid mate- rially in arriving at correct conclusions as to the value of railway service.
All these facts are of great interest, and are important factors in the solution of the vexed question which is excit- ing so much discussion, the "transportation problem."
In view of the current discussion by the press and on the forum regarding the legal status of railway corporations, and their public and private rights, the views of the Com- missioners will be found of great value to the people of Iowa, who have so large an interest in the proper determin- ation of these questions.
That part of the report that treats of the causes producing the "coal famine" which prevailed last winter, and the pos- sibility of the same state of affairs recurring this winter, their conclusions concerning it, and the injunctions laid upon the railways in relation to a proper supply of cars, will be found of interest.
During the year just closed the Commissioners have decided upon fifty -six complaints which have been made to them. In every case the decision of the Commissioners has been accepted by both the corporations and the people as an absolute settlement of the question at issue. In addition, many informal complaints, embracing minor grievances, have been satisfactorily adjusted by the Board simply through their calling the attention of the companies to the facts.
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These things show clearly that the commissionership system, although it is not yet four years since its adoption, is grow- ing in the confidence of the people, and is relied upon by them for protection against the encroachments of the railway corporations. It is fast becoming a settled conviction in the public mind, not only of the people of Iowa but of other States, that the commission, acting as it does in the capacity of a board of arbitration, before which complaints may be made, evidence taken, and matters of difference promptly adjusted, and whose decisions when rendered have all the moral weight of judicial decrees, with the great saving of time and expense attendant, gives much better results than can be derived from the more tedious and expensive processes of the courts. That this is the case is evidenced in the adop- tion by other States of the commissionership system. Maine, New Hampshire, Vermont, Virginia, South Carolina, Geor- gia, Alabama, Kentucky, Ohio, Michigan, Illinois, Iowa, Wisconsin, Minnesota, and California — eighteen States — now have railway commissions, while New York has a State engineer, and Pennsylvania a secretary of internal affairs, each of whom performs many of the duties of railway com- missioners in other States. Great Britain and several of the continental States have like boards, and Australia has adopted the system within the past year. This method of public control is so thoroughly demonstrating its efficiency that at the present ratio of its adoption it will soon be found on the statute-books of every State in the Union. Furthermore, no State or people, after adopting this system of public con- trol of railways, has yet abandoned it, so that I am forced to the conclusion that a proper control of interstate commerce will necessitate a national board of commissioners.
GOVERNOR JOHN HENRY GEAR 167
I am aware that there are many who think that the pow- ers of the Commissioners should be enlarged, or in other words that they should be invested with judicial powers. From this view I dissent. The only boards of commission- ers having judicial powers that I am aware of are those of Georgia, California, and Great Britain. To what extent these powers have been exercised by the boards of the two first named I am not informed, but in Great Britain, where the supervision embraces more than three times the mileage of Iowa, the powers of the Commissioners have been invoked only 101 times during seven years, and a large number of the cases were not judicial, but related to the approval of rates; while during less than four years the Iowa Commis- sion has decided 105 cases, many of them of great impor- tance to the people, and every decision has been obeyed by the corporations and accepted by the people. Furthermore: since the organization of the Iowa Commission not a suit has been brought in any of the courts of the State — so far as I am informed — involving questions of overcharges or extor- tion, while under the law which was in operation from 1874 to 1878 hundreds of such suits were instituted, many of which are still pending. Thus is the great economy of the system demonstrated. These results have been achieved because of the knowledge, on the part of the corporations, that, behind the Board of Commissioners, there was a vast moral force, in the shape of an immense volume of popular sentiment in favor of a just and proper control of corpora- tions; which sentiment would resent any refusal on the part of the corporations to accept the determinations of the Board as an encroachment on the rights of the people, and a prac-
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tical denial of the power of control so strenuously insisted upon by them.
WATERWAYS
The rapid increase in the amount of the products of the West, the constantly growing demand for these products, the necessity for the lowest rates of transportation attainable, whereby the interests of both producer and consumer may be advanced, have stimulated the people of the Mississippi valley to look to other and cheaper routes to the sea -board and foreign markets than those already open. Of the routes attracting attention at the present time, one is to be found in the natural highway of the Mississippi River, the improve- ment of which is imperatively demanded. The other may be obtained by a canal to connect the waters of that river with the chain of lakes, the Erie Canal and the St. Lawrence River. Both of these routes are feasible. The plans for the improvement of the one and the construction of the other show that the cost will not be excessive, and when completed these routes will have an important bearing on the question of cheap transportation; for it is easily foreseen that West- ern products will as a consequence be carried to market at the minimum rate of charges attainable whether by rail or by water. The opening of these routes will also be a great factor in the solution of the problem of inter- state commerce. Both of these enterprises tend to the same results, and the friends of both should work in entire harmony. As the benefits to be obtained are national in character, it is to Con- gress that the people must look for the needed funds with which to realize those benefits. I therefore suggest that you memorialize Congress for an immediate appropriation for the furtherance of these great enterprises.
GOVERNOR JOHN HENRY GEAR 169
PUBLIC HIGHWAYS
The condition of our roads is such at times as almost to forbid travel, and thus bring nearly to a standstill the large amount of business transacted upon the highways. This subject needs your attention. The present system of work- ing the roads by a headless and almost aimless army of over ten thousand supervisors is radically unsound. The infini- tesimal road districts, with their attendant dissipation of re- sponsibility and utter want of system, along with the practice of paying taxes with what is called labor on the roads, ought to be remorselessly annihilated. Of the half million dollars collected for road purposes throughout the State, a far larger proportion, it may, I think, be safely said, is wasted than of any other amount of money collected in this State for any purpose whatever. The payment of all taxes in money and the consolidation and systemization of the work on the roads under intelligent management, would be as productive of good results here as it has been in other States.
COEPOEATIONS
The foreign insurance companies doing business in this State derive their authority from certain statutes which re- quire them to make a showing of their fiscal condition to the Auditor of State. The law in this regard being complied with, the Auditor issues to a company a general license to transact business in the State. In case of loss occurring to the company, the payment of which is contested at law, it is the almost universal custom, when the loss exceeds $500, for the company to transfer the cause to the federal courts. Owing to the delays and increased expense incident to these
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courts, much injustice is, in many instances, done the person bringing the suit against the company, and he ia often greatly hindered in obtaining his rights. This requires a remedy at the hands of the law - making power through the passage of an act requiring all foreign insurance companies to waive all rights to transfer their actions to the federal courts; or, in other words, to make it a condition of their right to transact business in this State that they agree to try all actions brought against them in the courts of Iowa. That the State has the right to regulate foreign insurance companies by a law of this character has been affirmed by the Supreme Court of the United States. It may well be considered whether some such legislation would not also be advisable in refer- ence to railway, express, telegraph, and all other corpora- tions organized under the provisions of law in other States but doing business here.
INSURANCE
Attention is called to that part of the Auditor's report regarding the organization of "mutual aid societies," and marriage dower associations, and to the statutes providing for the creation of mutual insurance companies. As these companies refuse to make any report to the Auditor, and are contesting by law the right of the State to control them, there is, in my mind, fair reason for believing the organi- zations not to be legitimate in their objects, but on the con- trary intended to be the source of large gains to those con- trolling the so-called insurance companies, at the expense of the unwary and unsuspecting, who take it for granted that any concern having the words "Insurance Company," on its
GOVERNOR JOHN HENRY GEAR 171
door or in its so-called policies is organized under the pro- visions and requirements of law, which are complied with by insurance companies doing a legitimate business.
The organization of this class of companies should, in my judgment be strictly forbidden by law for it is certain, if some check is not placed on them, serious abuses will creep in, such as have been in vogue in other States, like the so-called "grave-yard" insurance, which is attracting so much attention. I trust you will apply such remedial legis- lation as will prevent anything of the kind in this State.
I concur with the Auditor in the opinion that the best interests of the public demand that no insurance companies be permitted to organize with less than one hundred thou- sand dollars of paid-up capital, and I would further suggest that all capital of such companies be paid up.
.The amount of property insured againt fire, for the year 1880, was over one hundred and two millions of dollars, on which the premiums paid were $1,279,245.07. The amount insured under life policies for the same year was over twenty-eight millions of dollars, costing the policyholders in premiums paid for that year $527, 091. 66. The insurance business is constantly increasing; and any legislation throw- ing additional safeguards around the rights of the policy- holder is certainly in the right direction. The general pub- lic, who pay their money for insurance, must of necessity rely on the protection the State affords the policyholder through its legislation.
BANKING
The tabulated statement of the savings and other banks, organized under the law of the State, show them to be in a
172 MESSAGES AND PROCLAMATIONS OF
most gratifying condition, and gives evidence of financial soundness and good management. I heartily commend the suggestion of the Auditor that the provisions of the savings- bank law be made applicable to private bankers. Every man who puts the word "bank" over his door becomes thereby a solicitor for the deposits of the people in his vicinity, and assumes, in the eyes of the public, at least measureably, the attitude of a chartered bank, and is sup- posed to be alike subject to legal restraints. He should, therefore, be compelled by law to make such showing of his business as will enable those whose deposits he solicits to judge of his solvency, and thus furnish them the same pro- tection as savings and other banks are required to do. No legislation can entirely provide against rascality in banking or any other business, but it is, nevertheless, the duty of the State to devise such safeguards as have a tendency to make dishonest dealing by bankers more difficult and dangerous.
COMPENSATION OF PUBLIC OFFICERS
The Eighteenth General Assembly reduced the fees of the sheriffs thirty per cent. While in the large counties of the State this reduction, owing to the volume of business still leaves this the best paying office in the State, yet in counties having a small population the pay of the sheriff under the reduction does not give this officer a fair living compensation; in fact I am informed that in some counties the public service suffers by the inability to procure good men for this responsible position on account of the meager compensation attached to the office. In my judgment, the proper plan would be to fix the compensation according to population.
GOVERNOR JOHN HENRY GEAR 173
The compensation of other county officers, and notably those of the deputy treasurer and clerk, as fixed last session, is also in many cases inadequate, and should be readjusted.
The salaries of the Executive, Auditor, Secretary, and Treasurer of State, are, in my opinion, too low. Not only are they much lower than in surrounding States, but they are much too low to compensate for the labor and responsi- bilities imposed on these officers. The salaries of the State officers in Iowa are from fifty to sixty-two and one-half per cent less than are paid for similar service in adjoining States, while the labors imposed on these officers are in some in- stances far greater, and in no case are they less. It may be said that if the present incumbents had not sought the offices there were plenty of others who would be glad to have them. This is true, but it is, nevertheless, incumbent on a State to pay her officers sufficient, not only to "keep the wolf from the door," but enable them to maintain the office with credit to the State. The short terms and frequent changes in these offices should be thought of when salaries are adjusted; otherwise, the compensation may be inade- quate because of the expense of removal to and from the capital.
THE GENERAL ELECTION
I recommend that the day of election for the present year and every fourth year thereafter be changed to the Tuesday following the first Monday in November. The constitution fixes the day of election in all the other years, but makes no provision for the even-numbered years falling between those of the presidential elections, and the action proposed is de- signed to prevent a repetition of the controversy which fol- lowed the election of 1878.
174 MESSAGES AND PROCLAMATIONS OF
CONSTITUTION
In accordance with the provisions of chapter 64 of the acts of the last General Assembly, the question was sub- mitted to the people in 1880, " Shall there be a convention to revise the constitution and amend the same." The pendency of the presidential election seems to have pre- vented the question receiving full discussion, but such con- sideration as it had resulted in a popular decision against holding the convention.
RELIEF FOR A PUBLIC OFFICER
In July, 1877, the deputy treasurer of Warren county pre- sented to Hon. George "W. Bemis, State Treasurer, on account of payment of State taxes, a draft drawn by the First National Bank of Indian ola on the banking firm of F. H. West & Sons for $3,608.82. The draft had been duly cer- tified as "good" by F. R. West & Sons, and was taken by Mr. Bemis late in the evening and too late to be presented for payment that day. Mr. Bemis took the certified check as cash and receipted to the treasurer of Warren county for the amount. The next morning F. R. West <fe Sons did not open their doors for business, having failed. The loss of the amount, $3,608.82, being nearly equal to two years salary, fell on Mr. Bemis. While he has no claim in law on the State, yet I submit that he has in equity. It is hardly to be believed that the State would permit the loss resulting from this transaction to be borne by Mr. Bemis, he having used, as he did, ordinary diligence in the transaction. A loss of this character is liable to occur at any time to one handling money in large amounts, especially when the larger
GOVERNOR JOHN HENRY GEAR 175
portion of payments is made not in cash, but in drafts and checks. I earnestly hope the State will reimburse Mr. Bemis for the loss, which he is illy able to bear.
STATISTICAL TABLES
Your attention is invited to the various exhibits appended hereto, containing statistical information concerning the State institutions, and especially to that detailing the amounts of money asked for by their several governing boards and officers.
VACANCIES IN OFFICE
The last General Assembly amended the statute for the government of the Asylum for the Feeble-Minded so as to provide that the members of the Board of Trustees, except those first elected, should hold office for six years; and three persons were chosen in joint convention for such trustees; but, as the act under which such choice was made did not take effect until after the adjournment of the legislature, I was under the necessity of considering the election had by that body as without validity. I, however, appointed to fill the vacancies thus made the persons suggested by the General Assembly; viz., Ebenezer R. S. Woodrow, of Mills county, Seneca B. Thrall, of Wapello county, and Fred. O'Donnell of Dubuque county.
On the 14th of July last I appointed Clinton Orcutt, of the county of Cedar, a Trustee of the Soldiers' Orphans' Home, in the room of Charles M. Holton, removed from the State. On the 14th day of October, Charles C. Horton, a Trustee of the same institution, resigned. His place was
176
supplied December 23d, under my commission, by John McHugh, of the county of Howard.
On the 7th day of March last, as before stated, Samuel J. Kirkwood, having been appointed Secretary of the In- terior, resigned his seat in the Senate of the United States; and on the next day I appointed James W. McDill, of the county of Union, his successor.
All the foregoing appointees hold office until their suc- cessors are elected by your honorable body, and qualify.
WORK IN THE EXECUTIVE OFFICE
I have caused the work of copying the correspondence of the executive office, which I found from two to six years behind, to be completed up to date.
DEATH OF THE PRESIDENT
I cannot close this message without an allusion to the calamitous event which so lately shocked and humiliated our countrymen everywhere. For a second time an Ameri- can President has fallen by the hand of an assassin; and again the nation mourns the loss of a chief magistrate who had endeared himself to the hearts of the people. Indeed, it would almost seem as if the illustrious patriot's hold on the popular affections had the more excited the murderous hate which removed him from earth. While we remember with grief and shame his tragic fate, we cannot but feel a sense of pride as Americans in the life and character of the man, and the loftiness of purpose, the inflexible integrity, and the fidelity to duty, which so eminently distinguished the career of James A. Garfield.
GOVERNOR JOHN HENRY GEAR 177
CONCLUSION
The fact that there are over thirty reports to review and that many of these will not be in print until near the middle of the session, and the necessity existing that your honorable body should be advised as to the exact condition of the State and her institutions, constitute my only apology for the length of this message.
The time has now arrived for me to lay aside the official position I have been honored with by the people.
In retiring to private life I give my thanks to every mem- ber of the Executive Council who has contributed, by advice and co-operation, toward whatever measure of success my administration of public affairs has attained. The people of the State I shall ever bear in remembrance for the con- fidence placed in me, and they have my gratitude therefor, coupled with my hearty good wishes for the greatest pros- perity of that Iowa, which, as territory and State has been my home since before its name began to designate a political division of the earth. JNO. H. GEAR.
SPECIAL MESSAGES
10 THE SENATE AND HOUSE OF REPRESENTA- TIVES
JANUARY 22, 1880 From the Journal of the Senate, p. 38
STATE OF IOWA, EXECUTIVE DEPARTMENT, DBS MOINES, January 22, 1880.
To the Senate and House of Representatives:
I am officially advised that John G. House, a member of the Board of Trustees of the Iowa Hospital for the Insane at Independence, departed this life on Thursday, the first day of January, instant. As the filling of the vacancy thus caused devolves on the General Assembly, I thus communi- cate the information thereof to the two houses, as required by chapter one hundred and seven of the acts of the Seven- teenth General Assembly. JOHN H. GEAR.
TO THE SENATE AND HOUSE OF REPRESENTA- TIVES
FEBRUARY 16, 1880 From the Iowa Legislative Documents for 1880, Vol. I
THE STATE OF IOWA, EXECUTIVE DEPARTMENT, DBS MOINES, February 16, 1880.
Gentlemen of the Senate and House of Representatives:
I have the honor to transmit herewith, in accordance with the requirements of the Constitution, a report of pardons
GOVERNOR JOHN HENRY GEAR 179
granted, and a list of fines and forfeitures remitted, with amounts remitted, from the seventeenth day of January, 1878, to the fourteenth day of January, 1880, inclusive.1
JNO. H. GEAR.
TO THE SENATE AND HOUSE OF REPRESENTA- TIVES
MARCH 5, 1880
From MS. Copy of Executive Journal, Vol. VI, p. 180 — in the Office of the Governor, Des Moines
Gentlemen of the Senate and House of Representatives:
It becomes my duty to inform the General Assembly that I have this day received a communication from George Morehouse, resigning the office of Trustee of the College for the Blind. [ JNO. H. GEAR]
TO THE SENATE AND HOUSE OF REPRESENTA- TIVES MABCH 13, 1880
From MS. Copy of Executive Journal, Vol. VI, p. 185 — in the Office of the Governor, Des Moines
STATE OF IOWA, EXECUTIVE DEPARTMENT, DBS MOINES, March 13, 1880.
Gentlemen of the Senate and House of Representatives:
The Congress of the United States, in 1864, granted to the State of Iowa "for the use and benefit of the McGregor
1For full report of pardons, commutations, and remissions, see Iowa Legislative Documents, 1880, Vol. I.
180 MESSAGES AND PROCLAMATIONS OF
Western Railway Company" certain lands for a line of rail- way to be constructed from McGregor westward on or near the forty -third parallel of latitude.
The grant was accepted by the state in due time. The beneficiary company, however, failed to comply with the requirements of the congressional act; and the state, in 1868, resumed the grant, and reconveyed it to the McGregor and Sioux City Railway Company, which company constructed the proposed road to Algona, in Kossuth county, in 1871, on or near the forty -third parallel.
But, the road not being completed, the state in 1878 again resumed the grant, and by the same act granted the lands to the Chicago, Milwaukee and St. Paul Railway Company, on the condition that such company should construct the line from Algona by way of Emmetsburg, in Palo Alto County, to Spencer, in Clay County by January 1, 1879, and the further condition that the line should be completed on the nearest practicable route by January 1, 1880, to a point of intersection with the Sioux City and St. Paul Railroad, within half a mile of Sheldon, in O'Brien county.
The act of 1878 further required the Chicago, Milwaukee and St. Paul Railway Co. to give a penal bond in the sum of two hundred thousand dollars as liquidated damages for the faithful execution, by the company, of the contract. All of these requirements were complied with by the com- pany, and the line has been completed, as provided in the act granting the lands to the Chicago, Milwaukee & St. Paul Railway Company. This act compelled the company to build to certain points which has caused somewhat of a divergence of the line of the road from that originally
GOVERNOR JOHN HENRY GEAR 181
selected by the McGregor Western Company, from half a mile to five miles, between Algona and Sheldon.
I am credibly informed that the Hon. Secretary of the Interior objects to certify the lands to the State on the ground that the road has not been constructed exactly on the line originally surveyed by the McGregor Western Com- pany.
There are about 183,000 acres of choice farming lands in the grant, all of which would be put upon the market, and the relative low price at which they could be bought would stimulate immigration to that portion of the State.
Inasmuch as the road has been built, in all particulars, as required by the Act of the Seventeenth General Assembly, it would seem to be proper for the General Assembly to instruct our Senators and request our Representatives in Con- gress to procure such legislation as may be necessary to vest the title to those lands in the state, in order that they may be placed upon the tax books for taxation; thus giving the counties in which the lands are located, and the state, the benefit of the taxes which would be levied upon them.
JOHN H. GEAR.
182 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE AND HOUSE OF R&PRESENTA-
1IVES
MARCH 19, 1880
From MS. Copy of Executive Journal, Vol. VI, p. 196 — in the Office of the Governor, Des Moines
EXECUTIVE DEPARTMENT, DES MOINES, March 19, 1880.
Gentlemen of the Senate and House of Representatives:
Among the lands selected by the state's agent, for the grant known as the five hundred thousand acre grant were 28,378.46 acres lying in what are now the counties of Web- ster and Hamilton. The selections were approved by the Commissioner of the General Land Office, February 20th, 1851. Relying upon this approval the State Superintend- ent of Public Instruction on the sixth day of June, 1853, ordered the lands into market, and instructed the proper officer to sell them. Subsequently, the Commissioner of the General Land- Office transmitted to the Superintendent of Public Instruction a certified copy of a list of 12,813.51 acres of these lands which had been selected and approved as a part of the Des Moines river grant. The Superintend- ent of Public Instruction then withdrew the unsold lands included within this list from market. Meantime, 3,194.28 acres had been sold as school-lands; but the state, under the terms of its contract with the "Des Moines Navigation & Railroad Company" patented the lands thus twice selected to that company.
Litigation followed, and in 1874, with a view to termi- nate the controversy, an act was passed (Chapter 29, of the
GOVERNOR JOHN HENRY GEAR 183
private, local, and temporary laws of the Fifteenth General Assembly) "to quiet and confirm the title to certain lands in Webster and Hamilton Counties, and adjust the matters connected therewith. " This act authorized the employment of counsel by the state in behalf of claimants, under its title, to prosecute, intervene in, and defend suits with a view to procuring a final and authoritative adjudication of the question upon which the superior title hinged. Section 4 of this act is as follows:
"Sec. 4. In case the question of title shall be finally ad- judged against the state of Iowa, the governor shall negoti- ate with adverse owners for a relinquishment of the title to the state of Iowa of all lands of that class which have been sold by the state of Iowa, by and through John Tolman, school -fund commissioner of Webster County and such as are held under contract from the state by virtue of the pro- visions of chapter 156 of the laws of the Seventh General Assembly of the state of Iowa, approved March 23, 1858, and such as the state of Iowa would by reason of any law of said state be required to convey to the claimant, if the same were in law and fact a part of the 500,000 acre grant, whether the same be now held by the original claimant, his heirs or bona fide assignees or persons claiming the same by title derived in good faith from or through such original claim- ant, and he shall ascertain the fair value of all such lands exclusive of the improvements thereon, and the price and terms upon which such adverse owners will release the same to the state of Iowa for the use of the parties claiming the same under the state, and shall report such facts to the next general assembly; and no writ of execution for the recovery
184 MESSAGES AND PROCLAMATIONS OF
of the possession thereof shall be issued against any person embraced within the provisions of this act until after adjourn- ment of the general assembly of the state of Iowa convening next after such report is filed."
The contingency contemplated in this section now con- fronts the state, the Supreme Court of the United States hav- ing recently decided the title adversely to the state grantees. In view of the fact that under this section there must be a further delay of two years before there can be a final adjust- ment of the controversy, a delay which, however it may ter- minate, cannot but be detrimental to the interests of those holding under the state's title, I suggest to the General Assembly the propriety of taking into consideration the advisability of legislation to bring about an earlier adjust- ment.
Under an act passed in 1860, (Ch. 94, Acts of Eighth General Assembly) the holders of these lands were allowed, upon submission to the Governor of proof satisfactory to him of the amount they had respectively paid therefor, to obtain warrant from the Auditor for the amount paid, principal and interest, with ten per cent, interest thereon to the date of refunding. To meet the requirements of the act, an appro- priation of four thousand dollars was made. Of this appro- priation, only $893.35 remains undrawn, but there yet re- mains 2284.27 acres of the lands still held under the defect- ive titles. It may be that many of the claimants would now like to take advantage of the provisions of this act of 1860. If so, an additional appropriation would be necessary to meet their just claims. It will be understood that the price for at least part of these lands, and many years' interest on con-
GOVERNOR JOHN HENRY GEAR 185
tracts, have been received by the state, and the moneys have gone into its school -fund. A return of the amount thus erroneously paid, with interest thereon, is the least the state can in justice do. Were the state a private party, it could be sued and the amount so paid recovered, unless indeed barred by the statute of limitations, but this very immunity from liability to civil action should prompt the state the more certainly to do justice to those with whom it has deal- ings.
JNO. H. GEAR.
TO THE GENERAL ASSEMBLY
JANUARY 11, 1882 From the Iowa Legislative Documents for 1882, Vol. IV
THE STATE OF IOWA, EXECUTIVE DEPARTMENT, DES MOINES, January llth, 1882.
Gentlemen of the General Assembly:
I herewith transmit to the two Houses the report, required by the Constitution, of each case of commutation, pardon, or reprieve granted, and the reason therefor, together with the names of all persons in whose favor fines or forfeitures have been remitted, and the several amounts so remitted, the whole covering a period begun January 15th, 1880, and terminating this day.1
JNO. H. GEAR.
*For full report of pardons, commutations, and remissions, see Iowa Legislative Documents, 1882, Vol. IV.
PROCLAMATIONS
OFFERING A REWARD
JANUARY 25, 1878
From MS. Copy of Executive Register, Vol. Ill, p. 878 — in the Office of the Secretary of State, Des Moines
Whereas, I am satisfied from information by me received, that the crime of murder has been committed in the county of Pottawattamie to -wit: on the twenty -fourth inst., on the person of Mrs. A. C. Smith, "by some person" to the cor- oner's "jury unknown;"
Now, therefore, I, John H. Gear, Governor of the State
of Iowa, do hereby offer a reward of Five Hundred Dollars
for the arrest and delivery to the proper authorities of the
person guilty of the murder of Mrs. A. C. Smith, such
reward to be paid upon conviction of the person so arrested.
In Testimony whereof I have hereunto set my
hand and caused to be affixed the Great Seal of
SEAL the State of Iowa. Done at Des Moines this
twenty-fifth day of January, A. D., 1878. By the Governor JOHN H. GEAR.
JOSIAH T. YOUNG,
Secretary of State.
GOVERNOR JOHN HENRY GEAR 187
OFFERING A REWARD
MARCH 23, 1878
From MS. Copy of Executive Register, Vol. Ill, p. 890 — in the Office of the Secretary of State, Des Moines
Whereas, A coroner's jury at an inquisition holden at the city of Council Bluffs, in the county of Pottawattamie, on the 16th day of March, instant, found that one Luther R. Godding, then lying dead, came to his death by violence at the hands of some person or persons unknown to said jury.
Now, therefore, In order to further any efforts that may be made to bring the person or persons guilty of such crime to justice, I, John H. Gear, Governor of the State of Iowa, do hereby offer a reward of Five Hundred Dollars for the apprehension and delivery to the proper authorities of each of the persons guilty of the murder of said Luther R. God- ding, to be paid upon conviction.
In testimony whereof, witness my hand and L. S. the great seal of the State of Iowa, this twenty-
third day of March, A. D. 1878.
By the Governor: JOHN H. GEAR.
JOSIAH T. YOUNG, Sec. State
ON TRAMPS JULY 6, 1878
From MS. Copy of Executive Register, Vol. Ill, p. 1+13 — in the Office of the Secretary of State, Des Moines
Whereas, I am officially informed that large numbers of lawless persons, sometimes called "tramps" are traveling in
188 MESSAGES AND PROCLAMATIONS OF
this state, stopping railway trains, and committing other violent acts;
Now, therefore, I do hereby urge upon the sheriffs of the several counties, and mayors of cities and towns throughout the state, to be prompt and diligent in preserving the peace. Attention is called to section forty -one hundred and forty-five (4145) Chapter six (6) Title twenty-five (XXV) of the Code whereby the sheriff or other officer authorized to execute process, may, in case of actual or apprehended resistance thereto "command as many male inhabitants of his county as he may think proper; and any military com- panies in the county, armed and equipped to assist him in overcoming the resistance."
The attention of boards of supervisors of the several counties is also especially called to chapter sixty -nine (69) Acts of Sixteenth General Assembly.
In testimony whereof, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Iowa.
L. S. Done at Des Moines, this sixth day of July,
in the year of our Lord, one thousand eight hundred and seventy eight, of the independence of the United States the one hundred and third, and of this state the thirty second.
JNO. H. GEAE. By the Governor: JOSIAH T. YOUNG
Secretary of State.
GOVERNOR JOHN HENRY GEAR 189
ON THE GENERAL ELECTION
AUGUST 24, 1878
From MS. Copy of Executive Register, Vol. Ill, p. 1+18 — in the Office of the Secretary of State, Des Moines
Pursuant to Law, I, John H. Gear, Governor of the State of Iowa, do hereby proclaim that at the General Election to be held on the Second Tuesday in October, A. D., 1878, the offices hereinafter named, which will become vacant, by the expiration of a full term, on the first Monday in January next, except where otherwise indicated, are to be filled, to-wit: By vote of all the Electors of the State:
The office of Secretary of State.
The office of Auditor of State.
The office of Treasurer of State.
The office of Attorney-General.
The office of Register of the State Land Office.
The office of Judge of the Supreme Court, in the place of James H. Rothrock, whose term will expire on the 31st day of December next.
The office of Clerk of the Supreme Court.
The office of Reporter of the Supreme Court. By vote of the Electors of the several Congressional Dis- tricts :
The office of Representative in Congress from each of said Districts, which will become similarly vacant on the fourth day of March next.
By vote of the Electors of the several Judicial Districts, except the Twelfth, Thirteenth and Fourteenth:
190 MESSAGES AND PROCLAMATIONS OF
The office of District Judge in and for each of said dis- tricts, which will become similarly vacant, on the first day of January next.
The office of District Attorney in and for each of said Districts.
By vote of the Electors of the Second Circuits of each of the First, Fifth and Seventh Judicial Districts:
The office of Circuit Judge under the provisions of Chap- ter 51, of the Acts of the Seventeenth General Assembly.
Whereof all electors throughout the State, and the dis- tricts and circuits mentioned, will take due notice, and the sheriffs of the several counties will take official notice, and be governed accordingly.
And I do further proclaim, and give notice, that on the day of said General Election, the offices named below, hav- ing become vacant, are to be filled: By vote of the Electors of the Judicial Districts named:
The office of Circuit Judge in and for the Third Judicial District, in place of James W. Hewitt, resigned.
The office of District Attorney in and for the Fourth Judi- cial District, in place of George B. McCarty, resigned.
Whereof all electors throughout said districts will take due notice, and the sheriffs of the several counties therein will take official notice and be governed accordingly.
In testimony whereof, I have hereunto set my
hand, and caused to be affixed the Great Seal of
the State of Iowa. Done at Des Moines this
L. S. 24th day of August in the year of our Lord one
thousand _eight hundred and seventy -eight, of
GOVERNOR JOHN HENRY GEAR 191
the State of Iowa the thirty -second, and of the independence of the United States the one hun- dred and third.
By the Governor: JNO. H. GEAR.
JOSIAH T. YOUNG,
Secretary of State.
OFFERING A REWARD
SEPTEMBER 13, 1878
From MS. Copy of Executive Register, Vol. Ill, p. 428 — in the Office of the Secretary of State, Des Moines
Whereas, Information has been received by me, which satisfies me that the crime of murder was committed on Thursday, the 29th day of August, ultimo, on the person of Michael Strata, in the county of Tama, by some person or persons unknown to the authorities;
Now, therefore, I, John H. Gear, Governor of the State of Iowa, do hereby offer a reward of Four Hundred Dol- lars for the arrest and delivery to the proper authorities of the person or persons, or either of them, guilty of such murder, to be paid on conviction.
In testimony whereof, I have hereunto set my
hand and caused to be affixed the Great Seal of
(Seal) the State, this 13th day of September, A. D*
1878.
JNO. H. GEAR. By the Governor:
JOSIAH T. YOUNG,
Secretary of State.
192 MESSAGES AND PROCLAMATIONS OF
OFFERING A REWARD
OCTOBER 8, 1878
From MS. Copy of Executive Register, Vol. Ill, p. Jf27 — in the Office of the Secretary of State, Des Moines
Whereas, The crime of murder was committed on the evening of the second day of October instant, in the county of Story; and Whereas, one Oliver McCrary is charged with committing said murder, and has thus far eluded arrest:
Now, therefore, I, John H. Gear, Governor of the State of Iowa, do hereby offer a reward of Five Hundred Dollars, for the arrest of said McCrary and his delivery to the authorities of said county of Story.
Said McCrary is thus described: He is about five feet nine inches high, light built; has dark hair and eyes, a dark mustache; no other whiskers; wears his trowsers inside his boots; had on when he left a pair of heavy duck overalls, and dark coat, is about 22 or 23 years old.
In testimony whereof, I have hereunto set my hand and caused to be affixed the Great Seal of L. S. the State of Iowa, this eighth day of October
A. D. 1878.
JOHN H. GEAE. By the Governor: JOSIAH T. YOUNG,
Secretary of State.
GOVERNOR JOHN HENRY GEAR 193
OFFERING A REWARD
OCTOBER 16, 18Y8
From MS. Copy of Executive Register, Vol. Ill, p. Jf28 — in the Office of the Secretary of State, Des Moines
Whereas, Information has reached me from authentic sources, that satisfies me that the crime of murder was com- mitted in the city of Cedar Rapids, in the County of Linn, on or soon after the eighth day of June of the present year, whereby one Charles Bokorney came to his death;
And whereas, The person or persons guilty of such crime have not been arrested, and are unknown to the authorities; Now, therefore, In order that the person or persons so guilty may be brought to Justice, I, John H. Gear, Gover- nor of the State of Iowa, do hereby offer a reward of Four Hundred Dollars for the discovery, arrest, and delivery to the authorities of the said county of Linn, of each of the per- sons who murdered the said Charles Bokorney, such reward to be paid upon the conviction of such person.
In testimony whereof, witness my hand and the Great Seal of the State at the City of Des Moines, this sixteenth day of October, A. D., 1878.
By the Governor: JOHN H. GEAR.
JOSIAH T. YOUNG,
Secretary of State.
194 MESSAGES AND PROCLAMATIONS OF
ON THANKSGIVING
NOVEMBER 4, 1878
From MS. Copy of Executive Register, Vol. Ill, p. 432 — in the Office of the Secretary of State, Des Moines
In accordance with custom, the President of the United States has designated
Thursday, the 28th day of November, as a day of Thanksgiving and Praise.
I therefore recommend the people of Iowa to observe the same, and in their public assemblies, and in such other man- ner as to them may seem appropriate, to render thanks to the Giver of all good, for blessings received and ills averted during the year that is past; and with their praises let the people mingle the practical gratitude of giving, so that the needy may have special cause for thankfulness, because of this day of the Nation's thanksgiving.
In testimony whereof I have hereunto set my hand and caused to be affixed the Great Seal of the State of Iowa.
Done at Des Moines this fourth day of No-
L. S. vember in the year of our Lord one thousand
eight hundred and seventy -eight, of the State of
Iowa the thirty-second and of the Independence
of the United States the one hundred and third.
JNO. H. GEAR. By the Governor: JOSIAH T. YOUNG,
Secretary of State.
GOVERNOR JOHN HENRY GEAR 195
OFFERING A REWARD
NOVEMBER 25, 1878
From MS. Copy of Executive Register, Vol. Ill, p. 4$6 — i>n the Office of the Secretary of State, Des Moines
Whereas, Two persons, named respectively Henry Graeser and Margaret Graeser, came to their death by being mur- dered, on or about the 15th day of March last past, in the township of Jefferson, in the County of Lee by some person or persons to the coroner's jury unknown:
Now, in order to facilitate the discovery and punishment of the perpetrator or perpetrators of such crime, I, John H. Gear, Governor of the State of Iowa, do hereby offer a reward of Five Hundred Dollars for the arrest and delivery to the proper authorities of any person guilty thereof, to be paid upon conviction; provided, that if any person now under arrest for said crime be found guilty thereof, the reward to be paid in his case shall not exceed two hundred dollars.
In testimony whereof, I have hereunto set my hand and caused to be affixed the great seal of (SEAL) the State of Iowa at Des Moines this 25th day of November, A. D., 1878.
JNO. H. GEAK. By the Governor: JOSIAH T. YOUNG,
Secretary of State.
196 MESSAGES AND PROCLAMATIONS OF
OFFERING A REWARD NOVEMBER 25, 1878
From MS. Copy of Executive Register, Vol. Ill, p. 487 — in the Office of the Secretary of State, Des Moines
Whereas, Evidence has been submitted to me of such a nature as to satisfy me that one John Terrell died in the city of Des Moines on or about the seventh day of October ultimo, of wounds received sometime before in another county, at the hands of another person feloniously inflicted; Now, in the interest of public justice, and to facilitate the punishment of crime, I, John H. Gear, Governor of the State of Iowa, do hereby offer a reward of Four Hundred Dollars for the apprehension and delivery to the proper authorities of the person guilty of causing the death of said John Terrell, to be paid on the conviction of such person.
In testimony whereof I have hereunto set my hand and caused to be affixed the great seal of (SEAL) the State of Iowa at Des Moines this 25th day of November, A. D., 1878.
JNO. H. GEAR. By the Governor: JOSIAH T. YOUNG,
Secretary of State.
GOVERNOR JOHN HENRY GEAR 197
OFFERING A REWARD
MABCH 14, 1879
From MS. Copy of Executive Register, Vol. Ill, p. 450 — in the Office of the Secretary of State, Des Mbmes
Whereas, information has reached me of such a character as to lead to the belief that the crime of murder has been recently committed, in the county of Polk, on the person of one William Mackenzie:
Now, therefore, in order that, if such crime has been committed, it may be discovered and its perpetrators pun- ished, I, John H. Gear, Governor of the State of Iowa, by virtue of authority in me vested by law, do hereby offer a reward of Three Hundred Dollars for the apprehension, and delivery to the proper authorities, of the person or persons guilty of such murder, if any, to be paid upon conviction of the person or persons so apprehended.
In testimony whereof, I have hereunto set my
hand and caused to be affixed the great seal of
(SEAL) the State of Iowa this fourteenth day of March,
A. D. 1879.
JOHN H. GEAE. By the Governor:
J. A. T. HULL,
Secretary of State.
198 MESSAGES AND PROCLAMATIONS OF
OFFERING A REWARD
MAY 19, 1879
From MS. Copy of Executive Register, Vol. Ill, p. 459 — in the Office of the Secretary of State, Des Moines
Whereas, Information has reached me of such a nature as to satisfy me that the crime of murder was committed on the eleventh day of April last past, in the county of Page, on the person of one B. F. Chestnutt; and that Josiah Thomp- son, who is charged with the commission of such crime, is now at large, concealing himself from the officers of the law; Now, therefore, by virtue of authority in me vested by law, I, John H. Gear, Governor of the State of Iowa, do hereby offer a reward of Three Hundred Dollars for the arrest, and delivery to the proper authorities, of the said Josiah Thompson.
In testimony whereof, I have hereunto set my
hand and caused to be affixed the great seal of
(SEAL) the state, this nineteenth day of May, A. D.,
1879.
J. A. T. HULL, JNO. H. GEAR.
Secretary of State.
OFFERING A REWARD
JUNE 6, 1879
From MS. Copy of Executive Register, Vol. Ill, p. 462 — in the Office of the Secretary of State, Des Moines
Whereas, William Tetterly confined in the Additional Penitentiary, under conviction for arson and other crimes,
GOVERNOR JOHN HENRY GEAR 199
escaped therefrom on the 13th day of May ultimo, Now therefore, I, John H. Gear, Governor of the State of Iowa, do hereby offer a reward of Three Hundred Dollars for the apprehension of said William Tetterly and his delivery to the Warden of said Additional Penitentiary at Anamosa.
In testimony whereof, I have hereunto set my
hand and caused to be affixed the Great Seal of
(SEAL) the State, at Des Moines, this 6th day of June,
A. D. 1879.
JNO. H. GEAR. By the Governor:
J. A. T. HULL,
Secretary of State.
OFFERING A REWARD JULY 1, 1879
From MS. Copy of Executive Register, Vol. Ill, p. 468 — in the Office of the Secretary of State, Des Moines
Whereas, one Frank Allen came to his death, on or about the 24th day of April last, in the county of Monroe, under such circumstances as to lead to the belief that he was mur- dered;
Now, therefore, I, John H. Gear, Governor of the State of Iowa, by virtue of authority in me vested, do hereby offer a reward of Three Hundred Dollars for the arrest, and de- livery to the proper authorities of the person or persons guilty of such crime, to be paid upon conviction of such person or persons.
200 MESSAGES AND PROCLAMATIONS OF
In testimony whereof, witness my hand and (SEAL) the great seal of the State this thirty -first day of
July, A. D., 1879.
JNO. H. GEAR. By the Governor:
J. A. T. HULL,
Sec. of State.
OFFERING A REWARD
JULY 10, 1879
From MS. Copy of Executive Register, Vol. Ill, p. 466 — in the Office of the Secretary of State, Des Moines
Whereas, Information has reached me of such a nature as to satisfy me that the crime of murder was committed on the eighth day of July instant, in the township of Grand View in the county of Louisa, on the person of one William Teets; and that the perpetrator of said crime is now at large concealing himself from the officers of the law:
Now, therefore, by virtue of authority in me vested by law, I, John H. Gear, Governor of the State of Iowa, do hereby offer a reward of Three Hundred Dollars for the arrest and conviction of the person guilty of said crime.
In testimony whereof I have hereunto set my
hand and caused to be affixed the Great Seal of
(SEAL) the State of Iowa this tenth day of July, A. D.
1879.
JNO. H. GEAR. By the Governor:
J. A. T. HULL,
Secretary of State.
GOVERNOR JOHN HENRY GEAR 201
ON THE GENERAL ELECTION
SEPTEMBER 1, 1879
From MS. Copy of Executive Register, Vol. Ill, p. 471 — in the Office of the Secretary of State, Des Moines
Pursuant to law, I John H. Gear, Governor of the State of Iowa, do hereby proclaim that at the General Election to be held on the Second Tuesday in October, A. D., 1879, the offices hereinafter named are to be filled, to-wit: By vote of all the electors of the State:
The office of Governor of the State of Iowa;
The office of Lieutenant Governor;
The office of Judge of the Supreme Court in the place of Joseph M. Beck, whose term of office will expire December 31, 1879;
The office of Superintendent of Public Instruction; By vote of the electors of the several Senatorial Districts designated below:
The office of Senator in the General Assembly from each of said districts, to-wit:
From the second district, composed of the counties of Van Buren and Davis;
From the third district, composed of the county of Appa- noose;
From the fourth district, composed of the counties of Monroe and Wayne;
From the fifth district, composed of the counties of Union, Clarke and Lucas;
From the sixth district, composed of the counties of Deca- tur, Binggold and Taylor;
202 MESSAGES AND PROCLAMATIONS OF
From the eighth district, composed of the counties of Mills, Montgomery and Adams;
From the eleventh district, composed of the county of Jef- ferson ;
From the fourteenth dictrict, composed of the counties of Washington and Louisa;
From the fifteenth district, composed of the county of Mahaska;
From the sixteenth district, composed of the county of Marion;
From the seventeenth district, composed of the county of Warren;
From the nineteenth district, composed of the county of Pottawattamie ;
From the twenty- third district, composed of the counties of Cedar and Jones;
From the twenty-fourth district, composed of the county of Jackson;
From the twenty-fifth district, composed of the county of Johnson;
From the twenty -sixth district, composed of the county of Iowa;
From the twenty-seventh district, composed of the county of Linn;
From the twenty-eighth district, composed of the county of Benton;
From the thirty -first district, composed of the counties of Dallas, Guthrie, Audubon, and Shelby;
From the thirty -second district, composed of the counties of Marshall and Grundy;
GOVERNOR JOHN HENRY GEAR 203
From, the thirty-third district, composed of the counties of Story and Boone;
From the thirty -sixth district, composed of the county of Delaware;
From the thirty-ninth district, composed of the county of Buchanan;
From the fortieth district, composed of the county of Clayton:
From the forty -first district, composed of the county of Allarnakee;
From the forty-third district, composed of the county of Fayette;
From the forty-sixth district, composed of the counties of Butler, Floyd, and Mitchell;
From the forty -seventh district, composed of the counties of Winnebago, Worth, Cerro Gordo, Wright, Franklin, and Hancock;
From the forty-ninth district, composed of the counties of Kossuth, Humboldt, Emmet, Dickinson, Clay, Palo Alto, Pocahontas, O'Brien and Osceola;
In and for each of which districts one Senator is to be chosen.
By vote of the electors of the several counties and Repre- sentative Districts:
The office of Representative in the General Assembly, from each of such counties and representative districts, as follows :
From Dubuque and Scott counties, each, three representa- tives ;
From Benton, Black Hawk, Clayton, Clinton, Des Moines,
204 MESSAGES AND PROCLAMATIONS OF
Henry, Jackson, Jasper, Johnson, Lee, Linn, Mahaska, Marion, Muscatine, Polk, Pottawattamie, Wapello, and Win- neshiek counties, each, two representatives;
From Adams, Allamakee, Appanoose, Boone, Bremer, Buchanan, Butler, Cass, Cedar, Chickasaw, Clarke, Davis, Dallas, Decatur, Delaware, Fayette, Floyd, Fremont, Grundy, Guthrie, Hamilton, Hardin, Harrison, Howard, Iowa, Jef- ferson, Jones, Keokuk, Louisa, Lucas, Madison, Mar- shall, Mills, Mitchell, Monroe, Montgomery, Page, Powe- shiek, Binggold, Story, Tama, Taylor, Union, Van Buren, Warren, Washington, Wayne, Webster, and Woodbury counties, each, one representative;
From the seventieth district, composed of the counties of Plymouth, Sioux, and Lyon, one representative;
From the seventy- first district, composed of the counties of Monona, Crawford, and Ida, one representative;
From the seventy -second district, composed of the coun- ties of Cherokee, Buena Vista, Pocahontas, and Sac, one representative;
From the seventy-third district, composed of the counties of Greene, Carroll, and Calhoun, one representative;
From the seventy -fourth district, composed of the coun- ties of Adair, Audubon and Shelby, one representative;
From the seventy -fifth district, composed of the counties of Clay, Osceola, O'Brien and Dickinson, one representative;
From the seventy -sixth district, composed of the counties of Emmet, Palo Alto, Kossuth, and Humboldt, one repre- sentative;
From the seventy -seventh district, composed of the coun- ties of Wright, Winnebago, Hancock, and Worth, one rep- resentative;
GOVERNOR JOHN HENRY GEAR 205
From the seventy -eighth district, composed of the coun- ties of Cerro Gordo and Franklin, one representative;
Whereof all electors throughout the State will take due notice, and the Sheriffs of the several counties will take official notice and be governed accordingly.
And I do further proclaim and give notice that on the day of said General Election the offices named below, hav- ing become vacant, are to be filled:
By vote of the electors of the Fifth Congressional Dis- trict: The office of Representative in Congress from said district, in the place of Rush Clark, deceased.
By vote of the electors of the Ninth Judicial District: The office of Circuit Judge in and for said district, to fill a vacancy occasioned by the resignation of Sylvester Bagg.
Whereof all electors throughout said districts will take due notice and the sheriffs of the several counties in said districts will take official notice, and be governed accord- ingly-
In testimony whereof I have hereunto set my
hand and caused to be affixed the Great Seal of the State of Iowa. Done at Des Moines this (SEAL) first day of September, in the year of our Lord one thousand eight hundred and seventy -nine, of the State of Iowa the thirty -third, and of the Independence of the United States the one hun- dred and fourth.
JNO. H. GEAR. By the Governor: J. A. T. HULL,
Secretary of State.
206 MESSAGES AND PROCLAMATIONS OF
OFFERING A REWARD
SEPTEMBER 1, 1879
From MS. Copy of Executive Register, Vol. Ill, p. 473 — in the Office of the Secretary of State, Des Moines
Whereas, I am officially advised that one, Harlan McCune, who is charged with the crime of murder, committed in the county of Henry, on the person of one William Kiley on the Twelfth day of June A. D. 1879, and was imprisoned in the jail of Henry county, has escaped from the jail of said county, and is now at large:
Now, therefore, I, John H. Gear, Governor of the State of Iowa, by virtue of authority vested in me by law, and in furtherance of the ends of justice, do hereby offer a reward of Three Hundred Dollars for the arrest of said Harlan McCune, and his delivery to the proper authorities of the county of Henry aforesaid.
In testimony whereof, I have hereunto set my
(SEAL) hand and caused to be affixed the seal of the
State this first day of September, A. D. 1879.
JNO. H. GEAR. By the Governor: J. A. T. HULL,
Secretary of State.
GOVERNOR JOHN HENRY GEAR 207
OFFERING A REWARD
OCTOBER 9, 1879
From MS. Copy of Executive Register, Vol. Ill, p. Jfl8 — in the Office of the Secretary of State, Des Moines
Information having reached me to the effect that upon the first day of September ultimo, one William Mosely was murdered in city of Mt. Pleasant, county of Henry, by some person or persons to the authorities unknown:
Now, I, John H. Gear, Governor of the State of Iowa, by virtue of authority vested in me do hereby offer a reward of Two Hundred Dollars for the arrest and delivery to the proper authorities of the person or persons guilty of such crime, to be paid on conviction.
In testimony whereof witness my hand and (SEAL) the Great Seal of the State this 9th day of
October, A. D. 1879.
JNO. H. GEAE. By the Governor:
J. A. T. HULL,
Secretary of State.
ON THANKSGIVING
NOVEMBER 8, 1879
From MS. Copy of Executive Register, Vol. Ill, p. 482 — in the Office of the Secretary of State, Des Moines.
In accordance with a venerable and praiseworthy custom, and feeling that seldom before in the history of state or nation have we had such abundant reason for genuine thank-
208 MESSAGES AND PROCLAMATIONS OF
fulness, I cordially unite with the President of the United States in recommending Thursday, the twenty -seventh (27th) day of November instant, as a day for public thanksgiving and praise.
On that day let joyous hearts give utterance in thanks for bountiful harvests, for returning prosperity, for the preser- vation of national integrity and good faith, and for all the manifold blessings of a year fruitful in benedictions. Let us unite with our fellow citizens all over the nation in prais- ing the Giver of all good therefor, mingling with our praises prayer that the lessons of reviving prosperity may be as beneficial to us as have been those of receding adversity.
In testimony whereof, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Iowa. Done at Des Moines this eighth day of November, in the year of our Lord (SEAL) one thousand eight hundred and seventy- nine, of the State of. Iowa the thirty- third, and of the independence of the United States the one hun- dred and fourth.
JNO. H. GEAR.
By the Governor of the State of Iowa: J. A. T. HULL,
Secretary of State.
GOVERNOR JOHN HENRY GEAR 209
ON MEMORIAL DAT
APRIL 27, 1880
From MS. Copy of Executive Register, Vol. Ill, p. 507 — in the Office of the /Secretary of State, Des Moines
By the terms of chapter thirty-one (31) of the Acts of the Eighteenth General Assembly, Approved March 12, 1880, The Thirtieth day of May is set apart as a public holiday. As this day, thus solemnly dedicated to a peculiar and inter- esting ceremony, will this year fall on Sunday, I respectfully recommend that the day before, to- wit: Saturday the twenty- ninth day of May, be devoted to the observance of that occa- sion, and that on such day our people unite in the solemn and pathetic exercises of the anniversary, which so forcibly, yet with such hallowed emphasis, perpetuates the memory of the struggle for liberty and the Union.
In testimony whereof, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Iowa. Done at Des Moines this twenty -seventh day of April in the year of our (SEAL) Lord one thousand eight hundred and eighty of the independence of the United States the one hundred and fourth and of the State of Iowa the thirty-fourth.
JNO. H. GEAR. By the Governor: J. A. T. HULL,
Secretary of State.
210 MESSAGES AND PROCLAMATIONS OF
OFFERING A REWARD JUNE 11, 1880
From MS. Copy of Executive Register, Vol. Ill, p. 514 — in the Office of the /Secretary of State, Des Moines
Whereas, I am satisfied, from reliable information, that on a recent day, the exact date of which is unknown, one Nancy Duncan, a resident of Mills County, in this state, was murdered by a person or persons unknown:
Now, therefore, I, John H. Gear, Governor of the State of Iowa, do hereby offer a reward of Five Hundred Dollars for the arrest and delivery to the proper authorities, of the person or persons engaged in the commission of said crime; the same to be paid upon the conviction of such person or
persons.
In testimony whereof, I have hereunto set my
hand and caused to be affixed the Great Seal of (SEAL) the State of Iowa. Done at Des Moines, this
eleventh day of June, A. D., 1880. By the Governor: JNO. H. GEAR.
J. A. T. HULL,
Secretary of State.
ON THE GENERAL ELECTION
SEPTEMBER 11, 1880
From MS. Copy of Executive Register, Vol. Ill, p. 526 — in the Office of the Secretary of State, Des Moines
Pursuant to law, I, John H. Gear, Governor of the State of Iowa, do hereby proclaim that at the General Election to
GOVERNOR JOHN HENRY GEAR 211
be held on the "Tuesday next after the first Monday in November," A. D., 1880, the offices hereinafter named are to be filled by vote of all the electors in the State, and of those of the several districts designated, to-wit: By vote of all the electors of the State:
The office of Elector of President and Vice-President of the United States; to be filled by the choice of eleven elec- tors, each ballot for such officer to contain the name of at least one inhabitant of each district into which the state is divided, and to designate "against the name of each person" voted for "the number of the congressional district to which he belongs."
The office of Secretary of State;
The office of Auditor of State;
The office of Treasurer of State;
The office of Register of the State Land Office;
The office of Attorney General;
By vote of the electors of several Judicial Districts and cir- cuits; and also of those specially named below;
The office of Circuit Judge in each of said Judicial Dis- tricts and Circuits;
The offices of Judge of the District Court, and District Attorney, in the twelfth, thirteenth and fourteenth Judicial Districts;
By vote of the Electors of the several Congressional Dis- tricts:
The office of Representative in Congress of each of said Districts;
And I do further proclaim and give notice to the qualified electors of the State that at said General Election there will
212 MESSAGES AND PROCLAMATIONS OF
be, and is hereby, submitted to the people, in pursuance of the requirements of Section 3, Article X, of the constitution, and chapter 64, of the Acts of the Eighteenth General Assembly the question;
"Shall there be a convention to revise the Constitution and amend the same? which question 'shall be written or printed' on each ballot, and at the end of said 'question' the word 'yes' or the word 'no' shall be written or printed;"
And I do further proclaim and give notice that at said election a proposition to amend the constitution, agreed to by the Seventeenth and Eighteenth General Assemblies, will be submitted to the people for their approval and ratifi- cation in accordance with the provisions of chapter one hun- dred and fourteen (114) of the acts of the sixteenth General Assembly, as follows;
"Strike out the words 'free white' from the third line of section four (4) of Article three (3) of said constitution, relating to the legislative department."
The following extract from the statute above cited is pub- lished for general information:
"The ballots relating to such amendment shall be sepa- rate from the ballots for officers cast at such election, and shall be deposited in boxes to be provided by the judges of election, separate from said ballots so cast for officers; and there shall be written or printed on such ballots the entire proposed amendments, with the words 'for' or 'against' as the elector may desire preceding each amendment voted upon. "
Whereof all electors throughout the State, and the dis- tricts especially designated, will take due notice, and the
GOVERNOR JOHN HENRY GEAR 213
sheriffs of the several counties will take official notice and be governed accordingly.
And I do further proclaim and give notice that, on the day of said General Election, the offices named below, having become vacant, are to be filled by vote of the electors of the several districts and counties mentioned respectively:
The office of Judge of the District Court in the Tenth Judicial District to fill a vacancy occasioned by the resigna- tion of Reuben Noble;
The office of Senator in the General Assembly from the Forty-sixth District, to-wit, the counties of Butler, Floyd, and Mitchell, to fill a vacancy occasioned by the death of Wilberforce P. Gaylord.
Whereof all electors throughout the districts and counties designated will take due notice, and the sheriffs of the sev- eral counties therein will take official notice, and be governed accordingly.
Polls open at nine o'clock, A. M., and close not earlier than six o'clock nor later than nine o'clock, P. M.
In testimony whereof, I have hereunto set my hand, and caused to be affixed the Great Seal of the State of Iowa. Done at Des Moines this (SEAL) eleventh day of September in the year of our Lord one thousand eight hundred and eighty; of the State of Iowa the thirty -fourth, and of the Independence of the United States the one hun- dred and fifth. JNO. H. GEAR. By the Governor: J. A. T. HULL,
Secretary of State.
214 MESSAGES AND PROCLAMATIONS OF
ON THANKSGIVING
NOVEMBEB 11, 1880
From MS. Copy of Executive Register, Vol. Ill, p. 535 — in the Office of the Secretary of State, Des Moines
In accordance with time-honored custom, I cordially unite with the President of the United States in recommending
Thursday, the 25th day of November, instant, as a day of public thanksgiving and praise. On that day let all join in giving hearty thanks for our abundant har- vests and for enhanced prosperity in both nation and state. Let us unite with our countrymen everywhere in praising the giver of all good therefor, joining with our praises prayer that in our future we may not forget the lessons of the past, but on the contrary be benefitted by their teach- ings. Let us at the same time, of our abundance remember the necessities of the poor.
In testimony whereof, I have hereunto set my hand, and caused to be affixed the Great Seal of the State of Iowa. Done at Des Moines this eleventh day of November, in the year of our (SEAL) Lord one thousand eight hundred and eighty, of the State of Iowa the thirty -fourth, and of the Independence of the United States the one hun- dred and fifth.
JNO. H. GEAR. By the Governor
J. A. T. HULL
Secretary of State.
GOVERNOR JOHN HENRY GEAR 215
OFFERING A REWARD
JANUARY 25, 1881
From MS. Copy of Executive Register, Vol. 777", p. 549 — in the Office of the Secretary of State, Des Moines
Whereas, I am advised that upon the evening of the twenty-third or the morning of the twenty-fourth day of February instant, Charles Gillis a resident of the city of Mount Pleasant came to his death by being murdered at his residence in said city and the county of Henry by some person or persons to the authorities unknown;
Now, therefore, I, John H. G-ear, Governor of the State of Iowa, by authority in me vested by law, do hereby offer a reward of Five Hundred Dollars for the arrest, and deliv- ery to the proper authorities, of the person or each of the persons guilty of such murder, to be paid upon conviction. In testimony whereof, I have hereunto set my ( STATE ) hand and caused to be affixed the great seal of ( SEAL ) the State of Iowa, at the City of Des Moines, this twenty-fifth day of January, A. D. 1881.
JNO. H. GEAR. By the Governor J. A. T. HULL,
Secretary of State.
216 MESSAGES AND PROCLAMATIONS OF
OFFERING A REWARD
MAY 9, 1881
From MS. Copy of Executive Register, Vol. Ill, p. 557 — in the Office of the Secretary of State, Des Moines
"Whereas, I am satisfied from information by me received, that the crime of Murder has been committed in the county of Boone, to-wit: some time prior to the tenth day of April, A. D., 1881, on the person of George Rich by some person or persons whose names are unknown to the coroner's jury; Now, in order to facilitate the discovery and punishment of the perpetrator or perpetrators of such crime, I John H. Gear, Governor of the State of Iowa, do hereby offer a reward of Five Hundred Dollars for the arrest and delivery to the proper authorities, of any person guilty thereof such reward to be paid upon the conviction of the person or persons so arrested.
In testimony whereof I have hereunto set my ( STATE ) hand and caused to be affixed the Great Seal of | SEAL j the State of Iowa. Done at Des Moines this ninth day of May, A. D. 1881.
JNO. H. GEAR. By the Governor J. A. T. HULL,
Secretary of State.
GOVERNOR JOHN HENRY GEAR 217
OFFERING A REWARD
MAY 24, 1881
From MS. Copy of Executive Register, Vol. Ill, p. 560 — in the Office of the Secretary of State, Des Moines.
Whereas, Intelligence has come to me that one Lars Bol- und was brutally murdered on Sunday the 21st day of May instant, in the county of Webster, by some person or per- sons to the authorities unknown;
Now, in order to facilitate the discovery of the perpetra- tors of such crime, I, John H. Gear, Governor of the State of Iowa, do hereby offer a reward of Five Hundred Dollars for the arrest, and delivery to the proper authorities, of the person or persons guilty of such murder, to be paid as each shall be convicted.
In testimony whereof, I have hereunto set my (SEAL) hand, and caused to be affixed the great seal of
the State this 24th day of May, A. D. 1881. By the Governor JNO H. GEAR.
J. A. T. HULL,
Secretary of State.
OFFERING A REWARD
JUNE 24, 1881
From MS. Copy of Executive Register, Vol. Ill, p. 562 — in the Office of the Secretary of /State, Des Moines
Whereas on or about the fifth day of June, A. D. 1881, some unknown party or parties did commit the crime of
218 MESSAGES AND PROCLAMATIONS OF
arson by burning, contrary to law, a dwelling house, the property of one Thomas O'Neil, and situate in the township of Freedom, county of Palo Alto;
Now therefore, I, John H. Gear, Governor of the State of Iowa, by virtue of authority in me vested by law, do hereby offer a reward of Five Hundred Dollars, the same to be paid upon conviction, for the arrest and delivery to the proper authorities of the party or parties guilty of said crime.
In testimony whereof I have hereunto set my (SEAL) hand and caused to be affixed the great seal of the State this 24th day of June, A. D. 1881.
JNO. H. GEAR. By the Governor
J. A. T. HULL
Secretary of State
ON A DAT OF PEA TER
SEPTEMBER 5, 1881
From MS. Copy of Executive Register, Vol. Ill, p. 570 — in the Office of the Secretary of State, Des Moines
I hereby request the people of the State of Iowa to assemble in their respective places of worship, on Thursday next the eighth day of September instant, between the hours of ten (10) A. M. and twelve (12) M. for the pur- pose of uniting in prayer to the Supreme Ruler of the Uni- verse for the restoration to health of the President of the
GOVERNOR JOHN HENRY GEAR 219
United States, now prostrate on a bed of suffering at the hands of an assassin; and to invoke the blessing of Heaven on our land and people in this hour of anxiety.
In testimony whereof, I have hereunto set my
(SEAL) hand and caused to be affixed the Great Seal of
Iowa this fifth day of September, A. D. 1881.
JNO H. GEAR. By the Governor
J. A. T. HULL
Secretary of State
ON THE GENERAL ELECTION
SEPTEMBER 8, 1881
From MS. Copy of Executive Register, Vol. HI, p. 571 — in the Office of the Secretary of State, JDes Moines
Pursuant to law I, John H. Gear, Governor of the State of Iowa, do hereby proclaim that at the General Election to be held on the second Tuesday in October, A. D. 1881, the offices hereinafter named are to be filled to -wit: By vote of all the Electors of the State:
The office of Governor of the State of Iowa;
The office of Lieutenant-Governor;
The office of Judge of the Supreme Court in the place of Austin Adams whose term of office will expire December 31st, 1881.
The office of Superintendent of Public Instruction. By vote of the Electors of the several Senatorial Districts designated below:
220 MESSAGES AND PROCLAMATIONS OF
The office of Senator in the General Assembly from each of said districts to -wit:
The first district, composed of the county of Lee;
The seventh district, composed of the counties of Fre- mont and Page;
The ninth district, composed of the county of Des Moines;
The tenth district, composed of the county of Henry;
The twelfth District, composed of the county of Keokuk;
The thirteenth district, composed of the county of Wa- pello;
The eighteenth district, composed of the counties of Mad- ison, Adair and Cass;
The twentieth district, composed of the county of Musca- tine;
The twenty-first district, composed of the county of Scott;
The twenty -second district, composed of the county of Clinton ;
The twenty -ninth district, composed of the county of Jasper;
The thirtieth district, composed of the county of Polk ;
The thirty -fourth district, composed of the counties of Harrison, Monona, Crawford, Sac and Ida;
The thirty -fifth district, composed of the county of Du buque;
The thirty -seventh district, composed of the counties of Hardin and Hamilton;
The thirty -eighth district, composed of the county of Black Hawk;
GOVERNOR JOHN HENRY GEAR 221
The forty -second district, composed of the county of Winneshiek;
The forty -fourth district, composed of the counties of Bremer, Chickasaw and Howard.
The forty -fifth district, composed of the counties of Powe- shiek and Tama;
The forty -eighth district, composed of the counties of Calhoun, Carroll, Greene and Webster;
The fiftieth district, composed of the counties of Buena Vista, Cherokee, Lyon, Plymouth, Sioux and Woodbury;
In and for each of which districts one senator is to be chosen.
By vote of the electors of the several counties and repre- sentative districts:
The office of Representative in the General Assembly, from each of such counties and representative districts, as follows:
The counties of Dubuque and Scott, each, three repre- sentatives.
The counties of Benton, Black Hawk, Clayton, Clinton, Des Moines, Henry, Jackson, Jasper, Johnson, Lee, Linn, Mahaska, Marion, Muscatine, Polk, Pottawattamie, Wapello and Winneshiek, each, two Representatives;
The counties of Adams, Allamakee, Appanoose, Boone, Bremer, Buchanan, Butler, Cass, Cedar, Chickasaw, Clarke, Dallas, Davis, Decatur, Delaware, Fayette, Floyd, Fremont, Grundy, Guthrie, Hamilton, Hardin, Harrison, Howard, Iowa, Jefferson, Jones, Keokuk, Louisa, Lucas, Madison, Marshall, Mills, Mitchell, Monroe, Montgomery, Page, Poweshiek, Ringgold, Story, Tama, Taylor, Union, Van
222 MESSAGES AND PROCLAMATIONS OF
Buren, Warren, Washington, Wayne, Webster, and Wood- bury, each, one representative;
The seventieth district, composed of the counties of Ply- mouth, Sioux and Lyon, one Representative;
The seventy -first district, composed of the counties of Monona, Crawford and Ida, one representative;
The seventy -second district, composed of the counties of Cherokee, Buena Vista, Pocahontas and Sac, one represent- ative;
The seventy - third district, composed of the counties of Greene, Carroll and Calhoun, one representative;
The seventy-fourth district, composed of the counties of Adair, Audubon and Shelby, one representative;
The seventy -fifth district, composed of the counties of Clay, Osceola, O'Brien and Dickinson, one representative;
The seventy-sixth district, composed of the counties of Emmet, Palo Alto, Kossuth and Humboldt, one represent- ative;
The seventy -seventh district, composed of the counties of Wright, Winnebago, Hancock and Worth, one representa- tive;
The seventy - eighth district, composed of the counties of Cerro Gordo, and Franklin, one representative;
Whereof all electors throughout the State will take due notice, and the sheriffs of the several counties will take official notice, and be governed accordingly.
And I do further proclaim and give notice, that on the day of said General Election the offices named below, having become vacant, are to be filled: By vote of the Electors of the several Senatorial Districts
GOVERNOR JOHN HENRY GEAR 223
hereinafter designated the office of Senator in the Gen- eral Assembly from each of said districts, to- wit: The second district, composed of the counties of Davis, and Van Buren, in the place of Henry C. Traverse, resigned; The twenty -sixth district, being the county of Iowa, in place of Christian Hedges, resigned;
The forty -seventh district, composed of the counties of Cerro Gordo, Franklin, Hancock, Winnebago, Worth and Wright in the place of Francis M. Goodykoontz, resigned; By vote of the Electors of the several Judicial Districts here- inafter designated;
The office of Judge of the Eleventh Judicial District, in place of James W. McKenzie, resigned;
The office of District- Attorney of the Third Judicial Dis- trict in place of Smith McPherson, resigned;
Whereof all electors throughout said districts will take due notice, and the sheriffs of the several counties therein will take official notice, and be governed accordingly.
In testimony whereof, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Iowa.
Done at Des Moines this eighth day of Sep-
(SEAL) tember, in the year of our Lord one thousand
eight hundred and eighty -one, of the State of
Iowa the thirty -fifth and of the independence of
the United States the one hundred and sixth.
JNO. H. GEAR By the Governor J. A. T. HULL,
Secretary of State.
224 MESSAGES AND PROCLAMATIONS OF
ON THE DEATH OF THE PRESIDENT OF THE UNITED STATES
SEPTEMBER 19, 1881
From MS. Copy of Executive Register, Vol. Ill, p. 576 — in the Office of the Secretary of State, Des Moines
It is with profound grief that I announce to the people of Iowa the mournful intelligence of the death of the President of the United States, which occurred at 10 o'clock and 35 minutes on the evening of this day.
For the second time in the history of the American Nation its chief ruler has fallen by the hand of an assassin. In the current year at a time of prof und peace and great prosperity, when all the land were about to join in celebrating the one hundred and fifth anniversary of the Nation's birth, the peo- ple were again thrilled by the appalling tidings that James A. Garfield a worthy successor to Lincoln, had been similarly assailed by a murderous hand.
While death was not the immediate result, yet sorrow and indignation pervaded the land and filled the hearts of all. During the many weeks that have passed since this terrible affair, the slender thread of hope to which we at first held grew stronger, our confidence enlarged, our fears were meas- urably dissipated and we flattered ourselves that notwith- standing a few apparent reverses all danger had well nigh passed, and the nation's chosen chief ruler was to be spared to it.
The dread result now upon us, we therefor feel all the more keenly, and the nation is prostrated in sorrow, while the wide world mourns in sympathy. We deplore the loss of a soldier, patriot, statesman, and Christian President, a man who whether in the walks of private life or in public trust
GOVERNOR JOHN HENRY GEAR 225
however humbled or however exalted was constantly gov- erned by a lofty sense of duty, self-controlled and controlling others by the more than magical power of a manly spirit, an urbane and kindly disposition, noble aims and steadfast purpose; one whose loss if he were in private life would be widely felt, and now that he is taken from the first office in the land, the nation can hardly be reconciled to the bereave- ment. We also mourn that one could be found so depraved or so demented as to plan and perpetrate a deed which has not only taken the life of a fellowman who had never given him the most remote provocation, and robbed a family of their father and guide but plunged the nation into the deepest affliction.
Let us in our hour of national woe turn for succor to Him, who is the Governor among the nations; and let the people, with one accord, invoke his guidance in this hour of gloom. Out of respect to the distinguished dead the public build- ings belonging to the State will be draped in mourning, and the flags thereon will be displayed at half-mast until the close of the day of the funeral.
In testimony whereof, I have hereunto set my hand and caused to be affixed the great seal of the State of Iowa. Done at Des Moines, this nineteenth day of September in the year of our (SEAL) Lord one thousand, eight hundred and eighty- one, of the Independence of the United States the one hundred and sixth, and of the State the thirty-fifth. JNO. H. GEAR.
By the Governor J. A. T. HULL,
Secretary of State.
226 MESSAGES AND PROCLAMATIONS OF
ON THE FUNERAL OF THE PRESIDENT OF THE UNITED STATES
SEPTEMBER 21, 1881
From MS. Copy of Executive Register, Vol. Ill, p. 578 — in the Office of the Secretary of State, Des Moines
To the People of Iowa:
I do respectfully recommend that, on the day on which shall be held the funeral services of the late lamented Pres- ident of the United States at Cleveland, Ohio, all public offices, schools, and places of business be closed, and the people refrain from pursuing their usual avocations; and I recommend that on such day they unite in their several neighborhoods throughout the State in memorial services in honor of the illustrious dead, and expressive of the sorrow that now burdens all hearts at the loss of one whose name will ever be held in fragrant remembrance by the people of this commonwealth.
In testimony whereof, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Iowa.
(SEAL) Done at Des Moines, this twenty-first day of
September, in the year of our Lord one thou- sand eight hundred and eighty- one, of the inde- pendence of the United States the one hundred and fifth and of the State of Iowa the thirty-fifth-
JNO. H. GEAR. By the Governor J. A. T. HULL,
Secretary of State.
GOVERNOR JOHN HENRY GEAR 227
ON THANKSGIVING
NOVEMBER 8, 1881
From MS. Copy of Executive Register, Vol. Ill, p. 58 Jf — in the Office of the Secretary of State, Des Moines
I cordially unite with National Executive in recommend- ing the observance of Thursday, the twenty -fourth day of November instant as a day of thanksgiving and praise for the benefits and blessings of the year. If our fields have not responded with their accustomed abundance to the labors of the tillers of the soil, the current of national, state, and individual prosperity has nevertheless not been arrested; and we may go to thanksgiving service with grateful hearts for material benefits.
While the nation yet mourns the loss of its chief magis- trate, and deplores the crime which took him from his high office, it yet has cause for gratitude in the grandeur of char- acter it discovered in the victim, the intensity of affectionate interest in his condition manifested by all classes of people in all sections of the country, and the sympathy shown by the world in our national sorrow; as well as for the new evi- dence it furnished of the strength of our institutions, and the reiterated assurance that, however endeared to the people they may be who pass away, the republic endures, unchanged by violence, unaffected by casualty.
Let us, too, with thankful hearts, on that day especially remember the poor and needy of earth's children, and thus render to God the highest praise.
In testimony whereof, I have hereunto set my hand, and caused to affixed the Great Seal of Iowa.
228 MESSAGES AND PROCLAMATIONS OF
Done at Des Moines this eighth day of
(SEAL) vember, in the year of our Lord one thousand
eight hundred and eighty-one, of the State of
Iowa the thirty -fifth, and of the Independence
of the United States the one hundred and sixth.
JNO. H. GEAR. By the Governor
J. A. T. HULL
Secretary of State
ON ELECTION TO FILL A VACANCY IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 8, 1881
From MS. Copy of Executive Register, Vol. Ill, p. 583 — in the Office of the Secretary of State, Des Moines
Whereas, A. W. Daugherty, who was, at the general election held on the eleventh day of October instant, elected a member of the House of Representatives from the county of Dubuque, the same being the fifty-first representative district of the State has filed with the Executive his declina- tion of the position ;
And whereas, the General Assembly will convene in reg- ular session before the next general election;
Now, therefore, in order that said county of Dubuque may have the full representation in the General Assembly to which it is by law entitled, I, John H. Gear, Governor of the State of Iowa, do by these presents order and direct that a special election be held in said county of Dubuque
GOVERNOR JOHN HENRY GEAR 229
on Tuesday the Thirteenth day of December proximo, for the election of a representative in the General Assembly in the place of said A. W. Daugherty, whereof the electors of said county will take due notice, and the sheriff of said county will take official notice, and be governed accord- ingly-
In testimony whereof, I have hereunto set my
hand and caused to be affixed the Great Seal of the State of Iowa.
Done at the city of Des Moines, this eighth day of November in the year of our Lord one (SEAL) thousand eight hundred and eighty-one, of the independence of the United States the one hun- dred and sixth, and of the state the thirty-fifth.
JNO. H. GEAR. By the Governor
J. A. T. HULL
Secretary of State Recalled and revoked Dec. 20, 1881.
OFFERING A REWARD
NOVEMBER 21, 1881
From MS. Copy of Executive Register, Vol. Ill, p. 587 — in the Office of the Secretary of State, Des Moines
Whereas, evidence has been submitted to me which satis- fies me that the crime of murder has been committed, to- wit; on the sixteenth day of November instant on the per- son of one John D. Enloe, at the town of Davis City, in the
230 MESSAGES AND PROCLAMATIONS OF
township of Burrell, county of Decatur, said Enloe being at the time employed in assisting the Marshal of said town, in the performance of his duty; that Valentine Mercer and Hiram Mercer are charged with the commission of said crime, and that neither of such persons has been arrested, and that they have heretofore eluded arrest. Now, there- fore, in order that such persons may the more certainly be brought to justice, I, John H. Gear, Governor of the State of Iowa, by virtue of authority in me vested, do hereby offer a reward of Five Hundred Dollars for the arrest of said Valentine Mercer and his delivery to the proper author- ities of said county of Decatur, and a similar reward for the like arrest and delivery of said Hiram Mercer.
In testimony whereof, witness my hand and
f GEEAT ] *ne Great Seal of the State.
( SEAL ) Done at the city of Des Moines this 21st day
of November, A. D. 1881. % '
JNO. H. GEAR. By the Governor
J. A. T. HULL
Secretary of State
GOVERNOR BUREN ROBINSON SHERMAN
BIOGRAPHICAL SKETCH
Buren Robinson Sherman was born in the town of Phelps, Ontario County, New York, on May 28, 1836. He resided in his native State until April, 1855, when he removed with his father's family to Iowa. In Iowa his residence was at Vinton, Benton County. Here he entered upon the practice of law in 1859. During the Civil War he served with credit and distinction in the volunteer army. He was severely wounded at the battle of Shiloh. After returning from the war he was elected to the office of County Judge. Later he was elected to the office of Clerk of the District Court in Benton County.
In October, 1874, Mr. Sherman was elected to the office of Auditor of State, which position he continued to hold for three successive terms. In 1881 he was nominated and elected by the Republican party to the office of Governor of the State of Iowa. He entered upon his first term as Gov- ernor on January 12, 1882. On the seventeenth day of January, 1884, he succeeded himself in the office of Governor.
At the completion of his second term, Mr. Sherman retired to his home at Vinton, Iowa.
FIRST INAUGURAL
JANUARY 12, 1882
From Pamphlet Edition of Address — in the ^Library of the State Historical Society of Iowa, Iowa City
Fellow Citizens:
How best to control the State, minister to the wants, and equalize the burdens, political and social, of the people — is a question, the agitation of which has convulsed the world for centuries, and doubtless will continue for ages to come.
Essays and volumes and tomes have been written, political economists and statesmen, for all time and in every land have given serious study to the subject, and left on record the reflections of vigorous lifetime — yet we have not wit- nessed even a pause in the discussion, which must go on with increasing interest and power until the end is reached, if hap- pily it ever be, and man's privileges conceded, and his rights guaranteed everywhere the sun of heaven splendors a uni- verse with his rays. This study is an important and ever pressing necessity, and, fraught with so great moment, mer- its the thorough consideration of every citizen of the land; and it augurs well for the perpetuity of the country that the people throughout all our domain are improving in this respect, and each revolving year developes increased and yet increasing interest in this profoundest of all human reflec- tions.
236 MESSAGES AND PROCLAMATIONS OF
To us of Iowa the subject conies with renewed force. We are upon the threshold of a new era in our local system. We have just passed the stone marking the completion of another biennial period in our history, and are about to com- mence the new. The people have again given utterance to their convictions concerning public questions, and their sen- ators and representatives here assembled, have come up clothed with supreme authority to do those things demanded by the public, or necessary for their well being. I com- mend, therefore, this subject, in all its length and breadth to your considerate attention, convinced that the grave respon- sibilities which rest upon you have not been lightly assumed, but that stripped of all taint of selfishness, your acts will be inspired only by motives of loftiest patriotism, and the gen- eral good.
As a nation we have experimented for a hundred years upon a government based upon the free will of the governed; and by our own experience, and as well the knowledge gleaned by the careful study of history, and from contem- poraneous sources, have educated ourselves in the belief that a government of the people, by the people, and for the peo- ple, is best calculated for man's privileges and necessities, for thereto belongs all man's precious opportunities. To pre- serve these rights, and secure these liberties, handing them down in unabridged completeness to those who shall follow, becomes at once our solemn duty, as it should ever be our supremest pleasure; and this done, the plaudits of a gener- ous people will be freely bestowed, as upon servants who, conscious of their high responsibilities, failed not in per- formance of their whole duty.
GOVERNOR BUREN ROBINSON SHERMAN 237
I do not deem it necessary at this time to enlarge upon matters which would seem to require legislative considera- tion, nor would it even be possible within the brief limits of a preliminary address. These have probably been mentioned in the message already given. And yet there are a few sub- jects, to which, but in few words, I must direct the earnest attention of the members of the General Assembly. Not the least important of these is that of
TEMPERANCE
For many years this subject has been among the foremost in public discussion. The agitation has been continuing and increasing in all civilized countries, until at last it has become a matter of sufficient importance to induce legislative action; and I believe has found place upon the statute books of all the States of the American Union, and doubtless of all the greater and progressive nations of the earth. It has attained that prominence that it cannot longer be ignored, inasmuch as the people, with more unanimity than heretofore, are moving to secure legislation. Naturally enough, and this is also true of every other public question, the people are divided in opinion as to the best methods to treat the subject, and until some authoritative declaration by them is made, their representatives will be unable to reach the root of the matter. All men desire that temperance shall obtain, yet differing how best to secure it. In order to afford oppor- tunity for expression, and in compliance with what seemed a very general desire of the people, the dominant political party in Iowa, has solemnly declared in favor of submitting to a free vote of the people, the question whether or not a
238 MESSAGES AND PROCLAMATIONS OF
prohibitory amendment shall be engrafted upon the organic law. The last General Assembly passed the resolutions necessary to that end, and as required by the Constitution, itself, the same has been referred to the present legislature, and if there adopted, will be submitted to general vote. I am unequivocally in favor of like action. I am in favor of the honorable performance of all proper pledges made to the people; and this question legally submitted, the respon- sibility rests with the citizen in his individual capacity, un- trammeled by party pledges, uninfluenced by party fealty, and free from party considerations. I am in favor of sub- mission for another reason: the right of the people to be heard upon all questions affecting the public welfare. It is the very corner-stone of our political fabric, and the right preservative of all rights.
AGRICULTURE
Attention is invited also to the desirability of additional legislation in advancement of the agricultural interests of the State, and in better development of our superior agricultural and mineral resources. The majority of the people are per- sons engaged in such pursuits, and the investments in such property exceed all other interests. It is important there- fore, that thorough and reliable information be disseminated touching the general subject, and I am impressed with the belief that it is the duty of the State to interest itself more fully in this behalf, to the end that our "foundation prin- ciple, " the reliance of our people, and their chiefest industry, should receive that considerate attention its great importance demands. Notwithstanding our high rank as an agricultural
GOVERNOR BUREN ROBINSON SHERMAN 239
State — the fifth in the Union — there is no department of our State government devoted, either in whole or in part, to the betterment of these great interests, and I suggest for the consideration of the General Assembly, the propriety of establishing a Department of Agriculture and the appoint- ment of a Secretary therefor, who should be charged with such duties in that relation, and also in respect to the manu- facturing and mining interests of the State, as would best conduce to the end desired. The advantages which would result to our entire Commonwealth through the vigorous administration of such a bureau could not be overestimated. Akin to this matter, and of quite equal importance, is that of
TEANSPOETATION
a subject which rightfully occupies a large share of public attention. Every citizen is more or less interested in its decision. However fertile may be our prairies — however abundant their products — let our infant industries grow into never so grand proportions, and the results of our skilled labor never so great, the ultimate of all these depends upon the public market, and the facilities thereto. Therefore the extreme sensitiveness of the public mind in relation to this great matter, which has heretofore given 'expression in a feeling that the government should exercise its authority in adjustment of the rights of all its citizens; an authority which has been recognized by the highest court of the country. Experience has seemed to demonstrate that an absolute and inflexible tariff law is equitably impossible, and the tendency has been towards what is known as the "commissioner system," now being tried in our own as well
240 MESSAGES AND PROCLAMATIONS OF
as several other of the States. Sufficient time has not yet elapsed to enable us to form a conclusion as to the efficacy of this system, and therefore I favor testing it with real thoroughness. The law now upon our statute books is yet new, and may be crude; and time is required to demonstrate the necessity of revision. It is a matter of vital importance to the State, and I commend it to the serious study of the people. During the past year, but two other States have constructed as many miles of new railroad as has Iowa, and at least five millions of foreign capital has been permanently invested in our State through this increase. The commission may, I think, be popularized by bringing it more nearly into intimate relations with the people, and their principal employments, by a requirement that at least one of its members should be a representative of the producing classes, which would more fully install it in the respect and con- fidence of the people.
I am hopeful that the national government will yet exer- cise its supreme authority, and through a judicious federal commission effect those adjustments impossible to State action. This done, the whole question becomes of compre- hensive and satisfactory solution, and the divergent interests of all parties, and all sections of the country, brought into harmonious and equitable settlement.
It is gratifying also to note the deep public awakening concerning the better improvement of our great rivers, the natural highways of the nation — which so immediately affects all the interests of the great West. This, of course, can only be accomplished through federal action, but I trust our representatives in Congress, who should be in complete
GOVERNOR BUREN ROBINSON SHERMAN 241
accord with public sentiment now 8O thoroughly aroused to this matter, will take the initiative, and by vigorous pre- sentment secure those appropriations necessary to a proper development of those internal commercial arteries, the re- sultant of which would tend so much to the benefit of the whole country. Iowa looks with superior concern upon all these movements, in confident faith that the demands of the West, the granary of the nation, and a very nation in itself, shall receive thoughtful and wise consideration.
THE COMMON SCHOOLS
When, some years since, it was proposed to open wide the door, and give to the children of all classes of the peo- ple equal opportunities to education, and that the entire expense thereof should be paid by general taxation, it was seriously and bitterly objected that such proposed legislation was beyond legislative authority, without constitutional warrant, and manifestly prejudicial to the wealth of the country. Experience has demonstrated that the contrary was, and is, true. The experiment has been eminently sat- isfactory. The education of the masses is the surest reli- ance of the State, and everywhere free schools exist. Through their powerful enlightening influences and strong progression the integrity of our political fabric, the security to the enterprise of the citizen, and the equality and happi- ness of the people are solidly assured. Popular education has become firmly entrenched in the confidence of the nation, and there is no feature of our whole system so near to the general heart, nor regarded with such affectionate anxiety as the free public schools of the country. In our
242 MESSAGES AND PROCLAMATIONS OF
own Iowa we have made most gratifying progress in ad- vancement of our schools, which compare favorably with those of any of our sister States; and yet perfection has not been reached. The best minds in the country are constantly engaged in an elaboration of the system, to increase its
o o •/
efficiency and enlarge its scope, thus making it possible for every youth in the land to secure the advantage of superior and thorough education. It is the proud boast of our coun- trymen that here we have no titles of nobility, no lordly possessions, nor aristocracy of wealth or office. The highest positions, political, business, or social, are equally attainable to all citizens, and that would be a woful day to the repub- lic when the people become careless and ambitionless and neglect participation in public affairs. To avert such calam- ity, and in upbuilding of public sentiment, we must sustain our educational system, which in its aggressive comprehen- siveness has already reached out into every hamlet, and filled all classes with new inspirations, and which through all time will prove the very sheet-anchor to our liberties, a& the free -ballot is the corner-stone to our political structure. This general concern for the success of our common schools is conclusive of the superior culture of our people, which is further evidenced by the fact that the taxes necessary for their support, amounting to over four millions annually, or nearly three dollars per head to our entire population, and quite equal to all other taxation combined, is paid in better satisfaction than any other levy. Your 22,000 teachers are so many powerful and never failing agencies in the elevation of public morals, while the 11,000 public school-houses are so many mile -stones marking the progress of our people in- to the everlasting sunshine of liberty and virtue.
GOVERNOR BUREN ROBINSON SHERMAN 243
Therefore, all hail the common schools! the crowning glory of our State — at once the pride and pleasure of its every citizen !
Nevertheless, we have not yet reached the summit. Al- though nearly a half million children are in usual attend- ance, and reaping free yet priceless advantages through the educational facilities afforded, there is still a vast number, much too large a proportion of the whole, who do not attend the schools, but are coming up in ignorance, which must culminate in vice. The causes therefor are two fold. No doubt a few are prevented through the inability of parents to provide necessary clothing, but I am persuaded these cases are quite rare. By far the greater number are absent because of the carelessness of their guardians, which is really criminal neglect. I believe the time has come when the State may rightfully interfere in protection of these waifs, and compel their instruction in better ways, and in enkindle- ment of hope, through awakening the moral senses, and urging a laudable, yet dormant ambition. They have de- mands upon us, which, in the light of our advancing civili- zation cannot, and should not, be ignored. Any legislation, therefore, which will effect to bring these truants into our schools, either public or private, would be in the interest of sound morals and public policy, and thus to good govern- ment, and add to the already enviable reputation of the State in matters educational. I trust the day is near at hand, when it shall be the legal, as now clearly the moral, duty of parents to present their children at school, thus sav- ing them from vice, and, better than gold or precious oint- ments, establishing them in habits of industry — the har- binger of virtue.
244 MESSAGES AND PROCLAMATIONS OF
THE PUBLIC CHARITIES
Although attention has doubtless been called at consider- able length to the public institutions, I cannot forbear a reference to the subject, because of its serious importance. The State of Iowa has been proverbially liberal in the man- agement of her charitable institutions, and our citizens are wont to contemplate with pardonable pride the comfortable and really fine homes which are maintained at public ex- pense for the accommodation of the unfortunate who need the care and protection of the State. We have not, how- ever, done our whole duty. It is painfully evident the accommodations are insufficient, commodious though they be. The State is increasing rapidly in population, and with this growth come also additional burdens. Larger and bet- ter provision must be made to meet these demands. This is conspicuously true of both the Orphans' Homes, and the Asylum for Feeble Minded Children. Additional buildings are greatly needed at each of these places, in order to the comfort and instruction of the inmates, and if these institu- tions are to be maintained at all, let it be done in a manner commensurate with the purpose, and creditable to the State. Both these charities appeal most strongly to our tenderest regard, and I commend them for special consideration. When appropriations are demanded for any of the public institutions, they should be granted only after satisfactory investigation of the necessity therefor, and then always in sufficient amount to accomplish the desired end. It is neither economy nor statesmanship to appropriate only half the sum absolutely requisite.
The plan heretofore in vogue for the government of the
GOVERNOR BT7REN ROBINSON SHERMAN 245
institutions; viz., by trustees chosen by the legislature, is doubtless as nearly correct as can be devised. So far as my knowledge extends, the several boards have performed their duties in a manner creditable to themselves, honorable to the State, and probably with considerable economy. I have no disposition to disturb that system. However, believing that uniformity should obtain in the management of all pub- lic charities, and that supervision is desirable in respect thereto, I am in favor of a State Supervisory Board, to be appointed from the ranks of the experienced business men of the State, who should be clothed with authority to visit every State institution and inquire into its general condition and management. There can be no doubt but such a board, properly constituted, would richly repay its cost in the ad- ditional information which could be obtained, and that from an unprejudiced source — information so necessary to the General Assembly, in order to legislative action. Such a commission would prove a most valuable auxiliary to the Executive, who should have power, on approval of their recommendations, to compel compliance thereto. Thus uni- formity, that great desideratum in all public matters, would be secured, and through uniformity, a better economy everywhere obtain. The cost for the support of the several State institutions, for the last term, not including the Agri- cultural College, nor the Hospitals for the Insane, was over a half million dollars, and the expense of such a board would be trifling compared with the benefits which would inevitably flow therefrom. I am also decidedly of opinion that
246 MESSAGES AND PROCLAMATIONS OF
THE PENITENTIARIES
should be placed under the same plan of government, and trustees chosen therefor. The cost of maintaining the prisons is steadily increasing, parallel with the growth of the State, and already amounts to more than is expended for all other of the institutions, the hospitals alone excepted. A single board would suffice for both prisons, and if proper men were appointed to that trust the result could not but be gratifying. I venture to suggest, also, a reform in the manner of con- ducting our prisons, in respect to the hire of convicts. Pen- alties inflicted are for a double purpose; first, the punishment of the convicted party, and his possible reformation; and secondly, to deter others from like offenses. They should never be visited upon the innocent; and yet under our prac- tice often fall heaviest upon the guiltless. The cases are frequent, where through the crime of the father, the wife and children are left penniless and destitute, and frequently dependent upon the cold charities of a strange world; a change whereby a part of the wages of the convict could be appropriated to the relief of his needy family, who undoubt- edly have the first claim upon his services, and thus save them the experience of the alms-house, or a fate worse than death itself, would be in the interest of good morals, not to say of common humanity, and would, I believe, be approved by the people. I respectfully submit the proposition for
consideration.
\
In another respect improvement can be made as to all pub- lic institutions — and that regarding the purchase of supplies. These expenditures should be made only after competition in open market, and upon estimates made and published. The
GOVERNOR BUREN ROBINSON SHERMAN 247
practice of buying in piecemeal is reprehensible, because it is not only extravagant, but tends to looseness and loss.
Before leaving the subject I must briefly refer to what I believe to be mistaken practice in our treatment of
THE INCURABLE INSANE
Because of the crowded condition of the hospitals it has latterly become frequently necessary to return to the proper counties those of the patients who are considered incurable, in order to make room for recent cases. These are usually confined in the alms-houses, and not infrequently in the com- mon jails; in either case an unfit place, where suitable atten- tion cannot be given them. I do not believe such practice to be in keeping with the spirit of the age, nor consistent with the dignity of the State. If our hospitals are not suffi- ciently commodious, others should be built; but do not com- mit these incurable, and often dangerous, unfortunates to the tender mercies of the jailer, nor expose the inmates of our poor-houses to the peculiarities of madmen.
THE HIGHWAYS
There is necessity for revision of our laws relative to the care of the public highways. With the best natural roads in the world it is painfully evident that the roadways of the State are not such as ought to be maintained. The experi- ence of the past year has demonstrated that fact, and every- where complaint is made that the sorry condition of the highways has very seriously interfered with the business of the people and their common convenience. The road taxes levied the past year amount to a vast sum, over a half mil-
248 MESSAGES AND PROCLAMATIONS OF
lion, exclusive of polls, and sufficient, properly expended, to bring a handsome return in improved ways. The trouble is, the work is done in piecemeal, frequently under incom- petent and oftener careless supervision, and in large part by those who have no care in the matter save to put in the time and obtain credit for the day. I believe a betterment would result if the road taxes were payable in money as other taxes, and the expenditure made under authority of a township road- master who should be held to the same rigid account- ability for faithful service as other officers. Any legislation in the direction of more efficient highway service would be hailed with sincere gratification by the whole people. The subject is one of grave importance, and merits the serious attention of every citizen, especially of those charged with the making of the laws.
THE NEW CAPITOL
I would be remiss in duty did I fail to speak of the neces- sity of an early completion of the new capitol. Already over a decade of years has been consumed in the work, and the end not reached. It is perfectly apparent that the old building now in use is extremely unsafe, either as a deposi- tory of the public records, or to the lives of the public officers who must remain there; and, therefore, the real necessity of speedy completion of the capitol, at least to the extent that it may be used to preserve the archives of the State. I feel sure the General Assembly will not assume the responsibility of further delay. The public records and the library of the State are of incalculable value, which, if lost, could never be replaced. I am not willing by silence in this regard to incur
GOVERNOR BUREN ROBINSON SHERMAN 249
any responsibility in the matter. Everywhere the people are aroused to the importance of this work, and do not hesitate to express disappointment at the slow progress made. The State owes it to herself that this improvement proceed with greater dispatch than has heretofore character- ized its progress.
Various other measures, more or less important, will be presented, and I bespeak for all the earnest and unselfish consideration of the General Assembly to the end that noth- ing be formulated into the laws, save in betterment of the people, and in development of the best interests of the State. The wants of the people, and the necessities of the State have vastly increased with each advancing year, and to meet these demands will require the greatest diligence and the exercise of every talent of our law- makers. Extra- ordinary efforts are necessary to secure results, before this of comparative easy accomplishment. As the people ad- vance in knowledge, becoming more familiar with public affairs, and devoting more time and critical attention thereto, the more is expected of public officials; therefore my sug- gestions, in confident hope that the present legislature shall come up to the full measure of intelligent expectation.
The Iowa of to-day is a very empire, the joy of its every citizen, and containing within itself all the essential ele- ments of political and personal greatness, which needs only the watchful and liberal care of the State to make it the realization of the hope of the most sanguine of its people.
Our growth in population and development, in resources and possibilities, has been without parallel, and it is not too much to say that our people have been exceptional in pros-
250 MESSAGES AND PROCLAMATIONS OF
perity, as unrivalled in business energies. Our prairies, so lately a wilderness, are teeming with a population unusually intelligent and industrious, being constantly added to from, the over -crowded East; and in the near future the many thousands of untilled acres, fertile beyond description, and only awaiting the touch of the husbandman, shall be made to laugh in abundant harvests, alike the joy and profit of the hardy pioneer. The products of our soil, yielded in such wonderful abundance, are sent to the uttermost parts of the globe to make glad the inhabitants of earth, and our very name has finally become the synonym for superiority and plenteousness, and the enterprise of the people has accomplished results none the less astonishing to ourselves than a marvel to the nation.
It was but yesterday that it was a debatable question, the propriety of a railroad through the State; to-day there are six completed and competing lines the entire length of the State, from the Mississippi to the Missouri; while the trans- verse lines and their divergents, reaching into the remotest parts of the State, evidence the growth and needs of the country. The aggregate of these is sufficient to gird with bands of iron one fourth of the earth's circumference, and all burdened with a constantly increasing traffic, beyond their capacity to perform. Yet new routes are being surveyed and additional work done, with even more rapidity than here- tofore, until within the present year every county of our ninety-nine will be blessed with commercial facilities, thus practically annihilating space, and bringing every farm into immediate relationship with the business centers of the nation. Congratulating you, people of Iowa, that your record as a
GOVERNOR BUREN ROBINSON SHERMAN 251
State is practically beyond adverse criticism, and felicitating ourselves, as well we may, that our lot has been cast in such pleasant places, and among a people whose heroism in war received the homage of a world, as their accomplishments in peace have been the pride of the whole country, I forbear further comment.
To you, Senators and Representatives, is committed the care of all the varied yet vast interests of your constituen- cies. Coming so immediately from the people and embued to completeness with a knowledge of the public necessities, I do not doubt your fidelity to your high trust, and that on the adjournment of the Nineteenth General Assembly the people will have cause to hold you in exceptional esteem, because of your sagacity and fidelity.
To me is entrusted the enforcement of the law. Recog- nizing with profoundest gratitude the confidence of the peo- ple in promoting me to the highest position within their gift, it shall be my chief est aim to merit the generous favor. Having no other, as I could have no worthier, ambition I shall strive by faithful earnestness, and with all possible impartiality, to do my whole duty, so that it may truthfully be said of me, he was "faithful to his trust."
Hellow citizens, the success of all government depends at last upon the loyal efforts of the individual citizen. How- ever perfect our system, however wholesome the law, how- ever favored in surroundings, if the citizen be indifferent, and through his indifference the government falls into the hands of the few, thus sapping the very foundations of our theories, the superstructure must inevitably fall. I hold the doctrine that each who assumes the responsibilities of citizen-
252
ship has grave duties to perform, from which he could not, and should not shrink; and so long as the citizen is vigilant in the demands and exercise of his political rights, no danger can ensue; the liberties of the people are secure, and the per- manency of free government is assured.
BUREN R. SHERMAN.
FIRST BIENNIAL MESSAGE
JANUARY 15, 1884
From Pamphlet Edition of Message — in the Library of the State Historical Society of Iowa, Iowa City
Gentlemen of the Senate and House of Representatives:
I congratulate you that you are privileged to assemble with such auspicious surroundings. Prosperity has contin- ued with us during the biennial period, and, notwithstanding the loss of a portion of the harvest through an unusual and unfavorable season, the past year, which affected as well the States contiguous, the fact remains that the people have made advancement and we are in better general condition than was true at the commencement of the term. Health and plenty have obtained within our borders, gaunt poverty has been unknown to our citizens, and now at the thresh - hold of the new year, it is meet that we render grateful homage to the Most High for the manifold blessings which have been showered upon the people. In the thirty-seven years of our separate existence we have made marvelous progress, until we have become the first of the States in educational advancement, the third in railway mileage, the fifth in educational facilities, and the tenth in population — a proud position which we are abundantly able to maintain and improve upon. With a wealth of resource that is being developed and increased with every revolving sun, a popu- lation distinguished for intelligence and vigor, and a phys-
254 MESSAGES AND PROCLAMATIONS OF
ical location that is unsurpassed, Iowa occupies a most hon- orable position which entitles us to congratulate ourselves upon our progress and condition.
The State is practically free from indebtedness of every character, and really so, if the small amount belonging to the State school fund, and which is understood to be but a permanent principal upon which interest is paid to the use of the public schools of the State, is considered in its proper light. Since the last session of your honorable body, the entire amount of our war obligations, which comprised our total of debt, save as before mentioned, has been fully paid and the State discharged every monetary obligation.
You are the immediate personal representatives of the two million souls who occupy this "beautiful land," and having accepted from your fellow citizens the grave trust now rest- ing upon you, I doubt not you will be found able to these responsibilities and that at the end of your labors it may be said of each that he was faithful to the people whose confi- dence was his. Let it not be said of the Twentieth General Assembly that it failed its opportunities.
Since the last session, grave questions, affecting the inter- ests of the State, the preliminaries to which were adopted by your predecessors, have been submitted to the direct vote of the people, and by them determined in the manner author- ized by the constitution and the laws; and it remains for you to give effect to this expression of the popular judgment. This applies with special force to the temperance question which has agitated the State for many years. The proposi- tion to amend the fundamental law by a prohibition of the sale of intoxicants as a beverage, having passed the several
GOVERNOR BUREN ROBINSON SHERMAN 255
stages of legislation prerequisite, was at last submitted to the citizens of the State, and by them adopted by a decisive vote. Notwithstanding the people had so expressed their pleasure therein, and under our theories of government the court of the sovereign people is that of last and highest resort, and their decision had been evidenced through the proper consti- tutional department of the government, the amendment so adopted was attempted to be nullified by a co-ordinate branch. Various opinions prevail as to such attempts and its binding force and effect; but one only can obtain as to the moral obli- gation resting upon the representatives of the^people in the General Assembly in such an emergency. The duty remains to the law making power, that the principle thus adopted by the people must be voiced in proper statutory enactments; and I confidently trust that ere your session shall end, the legal remedies will be provided whereby the people may pro- tect themselves from further devastations caused by this unlawful traffic, destructive alike to present and future gen- erations. Ours is a government by the^people, of the peo- ple, and for the people, and their will being ascertained, no representative of the people can justify himself in opposition thereto, the ultimate effect of which would be certain de- struction to the principle of free government, to establish which the life of the nation has been twice imperiled and thousands of lives sacrificed. Partisan ties should be laid aside, and in consideration of this great'question and forget- ful of all else save the ultimate good to the State, let us vie with each other in perfecting the law in response to the pub- lic command. Nothing less should be attempted; nothing less will satisfy a thoroughly aroused people. No argument
256 MESSAGES AND PROCLAMATIONS OF
is necessary to establish the fact of the evil results of the traffic; that is conceded by every observer. We have dif- fered only as to the best methods of dealing therewith. But now that the direct question, stripped of every appendage, has been passed upon by direct vote, and that after thorough discussion at every fireside, and where, too, deception was practically impossible, and the calm, deliberate judgment in favor of the principle of prohibition has been pronounced, I can see no escape from the duty of enforcement of that decision.
Your attention is respectfully directed to the question of impartial suffrage, in respect to which the Nineteenth Gen- eral Assembly proposed an amendment to the constitution. Should this meet your approval, as preliminary to taking the judgment of the voters, I recommend that it be submitted at a special election in order that it be freed from the influ- ence of partisan politics and thus receive an unprejudiced vote of our citizens. Not caring to here express an opinion upon the question itself, it is sufficient to say that now, as heretofore, I am in favor of the submission of any question which is of important and general interest.
The last General Assembly also proposed other amend- ments— changing the date for holding the general election, allowing the Legislature at any regular session to re -organize the judicial districts, providing for a reduction of the num- ber of grand jurors, and also providing for the election of prosecuting attorneys in counties instead of districts as is now the case. These are important propositions, and I recommend that they be submitted to the general vote of the State. All these, together with that relating to woman suf-
GOVERNOR BUREN ROBINSON SHERMAN 257
frage, should be passed upon at the same special election, and I trust will receive your consent thereto.
The reports of the several officers of State, and the officers and trustees of the various State institutions, re- formatory, penal and eleemosynary, are herewith submitted for your information, and I trust each will receive careful examination at your hands. I do not deem it necessary to make lengthy comments in respect thereto, the documents being before you, and shall content myself with a few re- marks on what I deem the salient points of each.
THE STATE FINANCES
The report of the Auditor of State, making exhibit of the State finances is a valuable document, showing in minute detail the receipts and disbursements of the treasury for the period just closed. This is one of the most important of the State offices, and the reports of the officer charged with this department and who has special supervision of our monetary affairs, are always looked to with absorbing inter- est. The total receipts for the twenty-one months covered by the report are comprised in the sum of $2,677,812.14, inclusive of $178,551.74, which was the amount on hand at the beginning of the term. We are chiefly interested, how- ever, in the item of general revenue, made up almost in entirety of the State tax levies and the interest collections thereon, and a few small items set out at length in the re- port. The increase over the last term, although a three months shorter period, is $285,982.29 — the difference in proportionate receipts which will inure to our advantage during the present term. It should not be forgotten, how-
258 MESSAGES AND PROCLAMATIONS OF
ever, that this increase is principally due to the extra half mill State tax which was levied by virtue of an act of the Nineteenth General Assembly. The other items of receipts are from sales of Agricultural College lands, the proceeds of which are invested for the use of the College, and addi- tions to the State school fund as shown by the Auditor.
The disbursements have been $2,506,307.24, inclusive of temporary school fund of $40,579.92, and of $29,377.64 of war and defense fund not needed for that purpose, trans- ferred to the general revenue. Deducting the expenditures from the receipts, there is a balance in the treasury of $171,- 504.90, as against $178,551.74 at the beginning of the term, with which to commence our new business. The amount of interest paid on State warrants has been but $11,792.85 which is less than ever before when we reflect that the appropriations of the last General Assembly were larger and the funds called for in early rapidity. Alto- gether the exhibit thus made is very gratifying, and con- firms the statement before made that the State, in common with the people, is in much better condition than at the date of the previous report. The amount of warrants outstand- ing was but $16,450.60, none of which was interest bearing, an aggregate nearly one-third less than at the beginning of the term, and an improvement in the condition over any time in the past seven years.
The appropriations made by the Nineteenth General As- sembly have all been paid as the same became payable, and the State in every financial respect is in better condition than at any period for the past twenty years — a matter of sincere congratulation to every citizen.
GOVERNOR BUREN ROBINSON SHERMAN 259
All the public institutions of the State have been, so far as their support is concerned, maintained in a manner cred- itable to the State, and without marked increase in cost, notwithstanding the expense of maintenance might have been augmented because of the advance in cost of almost every article necessary to their proper and comfortable sup- port.
There has been no time in the history of the State when more careful economy has been practiced in all the depart- ments of the government, and especially in the management of the charitable and penal institutions there has been true economy during the last fiscal period; and I see no reason why the same should not obtain in the future. The proofs hereof are conclusively shown in the intelligent and succinct report of the Auditor, to which I again invite your earnest attention.
The Auditor estimates the receipts of the present two years, based on a two mill State levy, at $2,482,600.00 — an increase of nearly $75,000 over the previous period, and the disbursements at $1,918,820.00, leaving a balance sub- ject to general and miscellaneous appropriations of $563,- 780.00, or a little in excess of half a million dollars. I am convinced the expenditures are quite liberally estimated, and that you need have no fears in making appropriations cover- ing the full sum above indicated. Several of our State charitable institutions need liberal appropriations to meet the demands upon them which are daily and urgently in- creasing, and I trust these demands will receive your favor- able yet careful attention.
The Auditor declares his belief in the theory of making
260 MESSAGES AND PROCLAMATIONS OF
the State tax an absolute charge upon the counties, payable in quarterly installments. I heartily endorse his opinion. When I had the honor of holding the office of Auditor of State, I recommended in the report submitted November 1, 1875, that the counties be held responsible for the State tax levy, arguing that the same was correct in theory, and was the only method whereby the State taxes could be made cer- tain to the use of the State. I am still fully impressed with the correctness of that doctrine. It is the only equitable method whereby counties will be placed upon a real level with each other, and at the same time make certain the revenues to the State, which it will readily be seen is of vital importance to intelligent legislation. The allowance to each county of all additional assessments, and all interest charges, will fully compensate for the loss of collections, and make the matter of refund of taxes, as now practiced, which includes State as well as all other kinds of tax, a matter of supreme indifference to the State at large. Should this change be made, it will follow that taxes of all kinds will be more thoroughly collected and thereby a betterment to all funds; and, as above suggested, the advantage to the State in correct legislation could scarcely be over • estimated. I respectfully urge your thoughtful attention to this matter.
BANKS AND INSURANCE
I concur generally with the views of the Auditor in re- spect to the growing importance of the banking interests of the State, and the necessity of placing the responsibility of the supervision thereof upon some officer who can give the requisite time thereto. The report shows the number of
GOVERNOR BUREN ROBINSON SHERMAN 261
banks operating under State law to be seventy -six, with a capital of $3,701,793.12, and deposits aggregating $11,- 200,798.10, as against forty -two banks in 1875, with $2,- 063,402.50 of capital paid up and total deposits of $3,959,- 791.72 — an increase nearly double, both in number of banks and amount of capital, and treble in volume of de- posits. Banks and banking institutions are a necessity to the business of the country. It is estimated that more than three -fourths of the exchanges between different portions of the land are made through the medium of banking associa- tions. As the number of national banks decrease, those or- ganized under the laws of the States will correspondingly increase. It is a matter of prime importance, therefore, that the laws provide ample protection to the people who transact business and deposit their savings with these insti- tutions. Let the law be strict as may be — the interests of the many thousands of the people, from the laborer with hia weekly savings to the wealthy business man who purchases exchanges, who are customers of these banks, cannot be too securely guarded. Upon you rests the responsibility of maintaining the integrity of these depositories, through such wise legislation as will conduce to the advantage of all con- cerned. In my opinion, the business of supervising the banks should be placed under the control of another and special officer, and the insurance bureau should be detached from the Auditor's office and placed in charge of the Super- intendent of Banks — the officer to be styled Commissioner of Banks and Insurance. The insurance interests of the State are already of vast importance — sufficiently so to re- quire the personal attention of a special officer designated
262 MESSAGES AND PROCLAMATIONS OF
therefor, if the State would secure to the people that pro- tection which they expect and demand. The report of May, 1883, which is the last yet issued, shows that the risks written during the year in the State amounted to $201,- 949,207.24, and the fire premiums alone paid during the year aggregated $3,039,349.99. Every citizen is interested in this matter, and this State cannot excuse itself any indif- ference as to this important subject. I favor the transfer of this business and the bank control from the present author- ity, because the Auditor has all the responsibility he should be charged with in the proper management of the revenue of the State, including the payment of appropriations ac- cording to your direction, and, as well, the care of the school fund and the disposition of the accumulations thereto. He is also a member of the Executive Council; and in the discharge of these various duties finds abundant cause to fully occupy his time. It is practically impossible for him to give that personal attention to the insurance and bank in- terests which their importance demands.
Moreover, I am firmly convinced that every individual banker and co-partnership advertising to do a banking business, should also be made amenable to the law govern- ing incorporated banks (so far as applicable), and, for the same reason, protection to the public.
THE TREASURER'S REPORT
The report of the Treasurer of State repeats the showing made by the Auditor relative to the receipt and disburse- ment of the public funds, leaving the balance on hand at the beginning and ending of the fiscal term, as follows:
GOVERNOR BUREN ROBINSON SHERMAN 263
NAME OF FUND. |
Balance on hand Oct. 1, 1881. |
«M "-1 0> _&c^_; 1-5 CO |
0 H |
* -8 £ """' "^ • 3 *» oo •SoSSS S |
!°8 O 9J 11 M |
General Revenue. Permanent School Fund |
$ 91,850.51 2,266.66 |
$2,415,383.19 1,523.00 40,696.93 |
$2,507,233.70 3,789.66 40,696.93 329.85 29,377.64 105,377.74 |
$2,435,674.18 |
$ 71,559.52 3,789.66 120.01 151.35 |
Temporary School Fund |
40,576.92 178.50 29,377.64 9,493.38 |
||||
Coupon Fund .... War and Defense Fund |
329.85 |
||||
29,377.64 21,273.02 |
|||||
Agricultural Col- lege Endow- ment Fund Total |
84,104.72 |
95,884.36 |
|||
$178,551.74 |
$2,508,253.78 |
$2,686,805.62 |
$2,515,300.62 |
$171.504.90 |
|
The law imposes upon the Treasurer the responsibility of investing the Agricultural College endowment fund arising from sales of College lands and such other sources as are pro- vided by law. This duty has been well performed, all the investments being in the best of the city and district bonds, which received the approval of the Executive Council.
The Eighteenth General Assembly enacted a law author- izing the Treasurer to deposit the public funds in such banks at the capital as should be designated by him and approved by the Executive Council. The very early completion of the new capitol building, wherein the funds and property of the State will be absolutely secure, renders unnecessary the further continuance of these special depositories, and I rec- ommend the repeal of the law giving such authority. Every county in the State is now possessed of railroad facilities, by lines which reach to every county seat save one, and treas- urers can remit currency direct to the capital at such times as the law requires. I am opposed to any other depository of the State funds.
264 MESSAGES AND PROCLAMATIONS OF
While yet upon this general subject of the State finances, I cannot forbear to ask your attention to the advisability of allowing tax payers, at their option, to pay the amounts due in semi-annual tax payments. This plan has been in suc- cessful operation in other States, and having given this mat- ter serious thought for several years, I can see no reason why it might not be here adopted with good results. It is not to be denied that the present law works a hardship with large numbers of the people, who are unable to pay the full amount of tax charged at the time the same becomes due; and if unable, the penalties attaching are serious, and add greatly in cost to the already embarrassed delinquent. The class of people who would be really benefited in thus dividing their tax payments is very numerous, and in all parts of the State they would hail such a measure as in the right direction. The effect would be to prevent the accumulation of large sums of money, withdrawn from circulation among the peo- ple and locked up in treasury and bank vaults; and would ofttimes relieve officials the temptation to use temporarily public funds, which, in occasional cases, has brought them to disgrace and punishment. I trust this subject will receive your critical consideration.
OUR PUBLIC SCHOOLS
It is with feelings of both pride and pleasure that I sub- mit the report of the Superintendent of Public Instruction. It shows the devotion of this painstaking official, in his endeavors toward perfecting our school system. Persons who have given the subject of the common schools any part of their attention will find abundant cause for self, as well as
GOVERNOR BUREN ROBINSON SHERMAN 265
State congratulation, in the proofs of the rapid and healthy growth of the schools of the commonwealth, which are pre- sented in this report. From about two thousand four hun- dred and thirty -nine children enrolled as pupils in the first year of our State existence, 1847, the number has increased with the growth of the State, until, by the last report, we have a total enrollment in school of four hundred and sixty- four thousand four hundred thirty-two, the number of teachers has also grown from one hundred and twenty -four, until over twenty -two thousand and eighty -one are now employed, and these exclusively in the free common schools. In like manner, the school-houses have increased from one hundred and five, nearly all built of logs, to eleven thou- sand eight hundred and twenty -five, valued at over ten mil- lion dollars, which for architectural beauty, solidity of con- struction, and capacity, are scarcely equalled, much less sur- passed, in any State of the Union; and the volumes in the school district libraries aggregate nearly 30,000. And, if more evidence be needed of the devotion of the people to the public school system, it is found in the fact that about one half the entire taxation of the State for all purposes, is for the support of the common schools. Such a showing is indeed gratifying.
The Superintendent speaks very earnestly in favor of the normal school work, and argues, correctly too, that if we would have good schools, and graduate good scholars, of necessity we must have trained teachers.
These can be secured through encouragement of the nor- mal plan, the sole purpose of which is to educate teachers to their work. Time was when it was thought quite sufficient
266 MESSAGES AND PROCLAMATIONS OF
if the average pupil was instructed in the elementary studies of reading, writing, and sufficient mathematics to enable him to count money, and measure a cord of wood, or the number of feet in a board, leaving to the rich the proprietary inter- est in advanced studies, which were only attainable in the academies and colleges of the country. All this, happily, has passed away, and through the labors and desires of a spirited people, the common schools have been brought to a perfection that gives to the faithful student an education abundantly sufficient for all the ordinary concerns of life, and which is marvelous even to those who have given thought to the general subject. Nevertheless, our schools have not reached that degree of excellence that is possible to them, and it is a satisfaction to know that the people, objecting nothing to the heavy school taxes (in most part voted upon themselves) so cheerfully paid, are anxious only that the funds be used for the legitimate purpose of advancing the interests of our system.
I cordially agree that the training schools are indispens- able, and if the capacity of our present Normal School is insufficient to meet the public demand, other like schools ought to be established.
The Superintendent devotes much space in advocacy of a return to the township system as the unit in all school work. The reasons he gives "for the faith that is in him" are both clear and cogent, and he quotes from high authority in sup- port of his position. But I refer you to the report for com- plete information upon this all-important subject, and leave the matter in your hands, confident it will receive that careful consideration which its grave importance demands. There
GOVERNOR BUREN ROBINSON SHERMAN 267
are various other matters suggested in the report, which will engage your attention.
The report of the State University and that of the Normal School are made a part of the report of the Super- intendent. It will be seen that each of these schools has maintained its excellent reputation, and merits a continuance of public confidence. I bespeak for each of them your careful study. The position of a teacher in any of our schools is a great responsibility. The influence exerted by the tutor is beyond computation. How important then, that the utmost care be exercised in their selection, to the end that none but the most worthy, both in personal char- acter as well as educational acquirement, should be intrusted with the important work. The State
BOARD OF EXAMINERS
has not issued as many certificates as was expected when the law was enacted. It is no evidence, however, that the Board has failed in performance of duty, but quite the re- verse. I believe the law is a good one, tending to the mak- ing a higher grade of teachers, and thereby advantageous to the schools themselves, and, I trust, will be continued in existence.
I respectfully ask your attention to a matter not men- tioned in the report, but which I believe to be an important one to the State. I allude to the subject of
SCHOOL-BOOKS,
which has grown to be a very serious one to very many of the people. Every head of a family is cognizant of the fact
268 MESSAGES AND PROCLAMATIONS OF
that one of the most expensive items connected with the education of his children, is that for the purchase of school books, and when he removes from one district to another, he is often subjected to the necessity of purchasing an en- tirely new series, different from that obtaining in the locality where he previously resided, although in the same county. That this is a serious and expensive matter, is known to every parent, and oft times the cause of real embarrassment. Every one knows, too, the enormous profit enjoyed by the publishers of these text-books, averaging, as it does, over one hundred per cent the cost of publication. In order to the relief of the larger portion of our people, and as well to establish uniformity throughout the State, which in itself is a great desideratum, I am earnestly in favor of the State adopting and publishing a series of elementary books in- tended for the earlier instruction of the pupils in our schools, which shall obtain in all our schools. A committee of competent educators, citizens of our own State, can easily be secured who can prepare and edit these works, and the State publish the same, furnishing the books at cost price, and thus insure great savings to the people and the State.
I am thoroughly satisfied of the feasibility of this sug- gestion, and would be glad to see it adopted by the Gen- eral Assembly. There is no good reason why hundreds of thousands of dollars should thus be expended without the State, to the pecuniary advantage of a few book publishers, when the State, through its own publication of these works, can save so much to its own people.
I commend the subject to your unprejudiced consider- ation.
GOVERNOR BUREN ROBINSON SHERMAN 269
THE PUBLIC LANDS
The report of the Land Office herewith submitted, shows the conveyances of lands during the term, and also a vast amount of information relative to the different grants to the State, and the purpose thereof. The proper limit of a message forbids any lengthy excerpts from the report, and I see no necessity for extended comments relative thereto. The number of conflicting grants, and the doubts and un- certainties which in many respects obtain, make the whole subject quite difficult of correct understanding. The neces- sity of some change in the law relating to the sale and pat- enting of certain school lands, is clearly pointed out on page five of the printed report, which I trust will receive atten- tion. This done, the county authorities will then have the full control contemplated by sections 1881-2-3-4, of the Code, and it would also relieve both the Executive Office, and the Land Office any further duties in these cases.
Again, in respect to the Des Moines Biver School Lands, sold by John Tolman, who was at one time School Fund Commissioner, the law provides for my repayment the orig- inal purchase money, with ten per cent interest from day of that payment, which also applies to all interest payments as well. Inasmuch as over twenty years have elapsed since the passage of the law, and a few of the holders of these contracts still neglect to return them for settlement, I recommend that payments of this interest be forbidden hereafter. It is not necessary that the State continue further interest pay- ments. In view of the fact that the office of Register has been abolished, and the work has mainly devolved on Mr. John M. Davis, who has been the very efficient deputy for
270 MESSAGES AND PROCLAMATIONS OF
the past seventeen years, I earnestly recommend that his salary be increased to at least fifteen hundred dollars per annum, an amount none too great for one of his acknowl- edged efficiency in that bureau.
THE STATE LIBRARY
Mrs. S. B. Maxwell, State Librarian, has made an inter- esting report of the progress she has made in securing addi- tions to the State Library — a copy of which is herewith submitted. The additions during the term have been 2,086, exclusive of pamphlets and duplicates, making the grand total of works therein 22,554. The pamphlets now in pos- session are very large in number, and many are of perma- nent value, and it is proposed to arrange them in volumes and bind for better preservation. The law library is one of the most valuable in the United States, and now that it is permanently located in the new capitol building, safe from destruction, every citizen will be relieved an uneasiness which has endured with the people for many years lest this valuable collection should be lost. The number of persons from all parts of the State who visit the library for the ex- amination of the volumes therein is very great and steadily increasing. The miscellaneous works are also greatly sought after, and, in view of the future, I suggest that the appro- priation for the purchase of such books and which only amounts to the sum of $3,000 annually, should be some- what increased to secure such works as are of permanent value for the use of the State. Inasmuch as the removal of the library to new quarters, and the increased use made of it, will add to the already constant labors of the Librarian,
GOVERNOR BUREN ROBINSON SHERMAN 271
I recommend that the sum of $1,000 be annually appropri- ated for assistants to the Librarian, the amounts to be cer- tified by the Executive before warrants shall be issued.
THE NATIONAL GUARD
The brief, yet admirable, report of the Adjutant -General, which accompanies this message, will commend itself to your earnest attention. The Iowa Militia is a splendid organization, worthy to be compared with that of any other of the states. I have a profound admiration for the devo- tion of the officers and men, who have so willingly given time and money, far beyond the amount allowed by the State, to the up -building of the Guard, until at last, their proficiency has compelled even the warm endorsement of officers of the United States Army. It was my fortune to attend the encampment of both brigades, and I hazard noth- ing in saying that the general behavior of the men was not only in the highest degree creditable to the State, but also their correctness in drill, and in fact in all the maneuvers of field and garrison, could scarcely be equalled by veteran troops.
The Guard is made up from among the best young men in the State, whose enthusiastic devotion thereto is worthy all commendation. In the main, the officers are veterans of the great conflict, who take justifiable pride in instructing the men in the arts of war. The force is not a large one for such a State as Iowa, comprising, as it does, but six regi- ments, and the expense of maintaining it has been very moderate indeed.
The various recommendations of the Adjutant -General,
272 MESSAGES AND PROCLAMATIONS OF
relative to new companies, new uniforms, and other matters equally meritorious, are worthy your favorable considera- tion. The only way to maintain a Guard worthy the State is to encourage the members through reasonable appropria- tions for necessary legitimate expenses. I have found a great majority thereof willing to devote their time to make the organization what it should be, but very few can afford to spend money for such purpose.
After careful examination of the expenditures made dur- ing the past term, I am satisfied the same were for legitimate purposes, and within both the spirit and letter of the law, and, inasmuch as the same has proved insufficient for this lawful purpose, and has compelled a considerable expendi- ture of private funds, intended to the advantage of the work, I earnestly recommend such increase of the appropriation as will relieve the officers and men the necessity of personal contributions.
I am proud of the Iowa National Guard. It is worthy the endorsement of the General Assembly, and I confidently trust will receive at your hands that encouragement entitled to so creditable an organization. It is not too much to say, that in appearance, discipline, and standing, the Guard will favorably compare with that of any other of the states. I was gratified to notice that the President of the United States, in his last message to Congress, spoke most favorably of the state militia organizations, and I trust that our own State, now one of first in the sisterhood, will prove herself equal to her position, and make such provision for her vol- unteer militia as will entitle us to maintain our prominence. While I am opposed, under our system of government, to a
GOVERNOR BUREN ROBINSON SHERMAN 273
large standing army, believing the same to be inimical to the best interests of the country, I am in favor of an adequate volunteer force, skilled in the arts of war, that may be relied upon, should circumstances demand the services of armed troops.
STATE MINE INSPECTOR
An examination of the report of Inspector Wilson will convince you that this officer has been diligent in the per- formance of his delicate and responsible duties, and has been able to accomplish much in the way of the just settle- ment of the difficulties which will occasionally arise between employers and employes. There is no mistaking that troub- les frequently happen, and in my judgment the State Inspec- tor should be made the arbiter in the adjustment of these misunderstandings. The principal trouble arises in reference to the kind and quality of the screens used, scarcely any two of the mines using the same. There should be exact uni- formity therewith. The law should designate the size of screen, and without attempting to fix the compensation for mining the coal per ton, or bushel, for necessarily it varies in the different localities, it should declare what should be a lawful screen, and then operators and owners should be left free to agree upon compensation for the work done.
This industry has grown to vast proportions, and yet the possibilities are far beyond us. At date of this writing the Inspector informs me that the capacity of the mines now in operation will reach over ten million tons! A few years since we were glad to know that our coal deposit was even as extensive as underlying a score of counties. Now we are gratified in the fact that coal has been developed in at least
274 MESSAGES AND PROCLAMATIONS OF
one third the State, or, in round numbers, 20,000 square miles of our area is underlaid by this precious deposit, which is every day becoming more valuable, and affording honor- able and steady employment to many thousands of our peo- ple. The truth is, this industry has become one of the most important in the State, and the duty devolves upon you, Senators and Representatives, to so amend the law in rela- tion therewith, that without assuming to dictate compensa- tions to the several classes of employes, you may yet adopt such general measure relating to the working of the mines, that harmony between owners and operatives will be secured, and strikes, alike detrimental to both their interests, be avoided.
I recommend further, that when, in the judgment of the Inspector, the ventilation of a mine be imperfect, and the owners thereof do not remedy the same after reasonable notice, the Inspector shall have authority to close the mine until this all-important matter is attended to.
THE FISH COMMISSION
The last General Assembly appropriated $5,000.00 to be used, under the direction of the Fish Commissioner, in prop- agating fish, for distribution in the waters of the State. Of this sum $4,613.78 has been drawn from the treasury, and the expenditure thereof approved by the Executive Coun- cil. The report of Mr. B. F. Shaw, Fish Commissioner, supplemented by an additional report of A. A. Mosher, Esq., Assistant Fish Commissioner, both of which are herewith presented, indicate the manner and purpose of the expendi- ture. Both these gentlemen and very many people are o£
GOVERNOR BUREN ROBINSON SHERMAN 275
the opinion that this work is of practical utility to the State, and should be continued. It is yet quite an experiment, and the future alone can manifest results. The cost is inconsid- erable, and, if any benefit to the people at large, I shall not object to the continuation of the Commission. But, whether so or not, I am earnestly opposed to the wanton destruction of the fish entrapped in our lakes and rivers.
The report of Commissioner Mosher speaks in well merited condemnation of this practice, and I am advised that parties make a business of camping out at lakes in the northern por- tion of our State, having no other purpose than the spearing of the fish therein for commercial purposes, and make regular shipments thereof to the extent of many tons each week of the winter months. I recommend the law be amended to prohibit the taking of fish, under severe penalties, by any appliances save by hook and line, and thus prevent the wanton killing thereof.
THE AGRICULTURAL COLLEGE
The people of the State are to be congratulated in the fact that we have one of the most thoroughly organized and efficient agricultural colleges in the United States.
The number of students the past year was 319, which is an increase over the past year, and I see no reason why the future usefulness of the College may not continue in even greater ratio than has characterized it in the past. Its repu- tation as an admirable school has been permanently estab- lished, and it enjoys in wonderful degree the confidence of the whole people. The report of the Trustees is very cred- itable, both to the College itself and to the State, and I sub-
276 MESSAGES AND PROCLAMATIONS OF
mit it in the hope it will receive your careful study. The small appropriations asked are undoubtedly necessary. Es- pecially do I recommend that through which the Trustees propose to increase the importance and usefulness of the department of veterinary surgery, one of rapidly increasing interest to the entire State. During the past two years I have had many calls from different parts of the State for services of some man skilled in the diseases of horses and cattle, who was competent to prevent the spread of glanders and pleuro- pneumonia, which exist in various local- ities. The State having no veterinarian, I sought the ser- vices of Professor Stalker, professor of veterinary surgery at this college, and he kindly consented to examine into the cases reported. In most of the localities visited, the people were glad to pay him his expenses, and reasonably compen- sate him his services. In a few cases this was not done, and having no other fund at my disposal, I made him a small allowance from my contingent fund. There is no question his ability and experience, nor any doubt the great good he accomplished.
These diseases are quite prevalent, and the State needs the services of a competent surgeon, to take these matters in quick and vigorous treatment.
In view of the growing importance of these dangers, and the necessity of prompt action, I earnestly recommend the appointment of a State Veterinarian, whose services would be invaluable, and that you make provision therefor. In my opinion he should be made a member of the State Board of Health, and thus the members thereof would be of mutual advantage to each other. I earnestly urge this matter, and trust it may meet favorable action at your hands.
GOVERNOR BUREN ROBINSON SHERMAN 277 THE COLLEGE FOR THE BLIND
The report of the Trustees and Principal, which are here- with submitted, are very satisfactory in general character. The time covered by the report has been quite as prosperous as any in the history of the College, and the results at the end of the period are gratifying. The number of pupils instructed during the last term was 141, an increase of 51 over the last term. The capacity of the College is much greater and the attendance should be much larger, when it is considered that there are over 1,300 blind people in the State, and 210 under twenty years of age. It is a matter of great regret that when the State makes adequate provision for the care and education of this class of citizens, there are so few who take advantage thereof. The course of instruc- tion is certainly all that could reasonably be asked ; and I am glad to be able to say from personal knowledge that the instruction in all the departments is thorough. The College has been supported within the legal allowance, which is suf- ficient for all proper purposes. The cost for supervision, I cannot but think, is more than necessary. There are six Trustees to this College, when but three are allowed to the Institute for the Deaf and Dumb, the Asylum for Feeble- Minded Children, and the Orphans' Home, each of which has more than double the number of pupils. I recommend the number of trustees be immediately reduced to three. The appropriations asked for, viz. :
For musical instruments $ 3, 000
For new furniture 3, 000
For general repairs 2, 500
278 MESSAGES AND PROCLAMATIONS OF
For services of oculists 1,000
For additions to library 500
a total of $10,000, are necessary, and I earnestly recommend
the said sums be allowed.
THE DEAF AND DUMB
The report of the Trustees accompanied by the reports of the Superintendents of the Institute for the Deaf and Dumb is also herewith submitted. The former Superintendent, Rev. A. Rogers, retired from the institution August 15, 1883, through his resignation previously tendered, and his place was filled by the election of Prof. H. C. Hammond, who immediately entered on the responsible duties of the position. Prof. Hammond and estimable wife come to us with the prestige of fifteen years actual experience in institu- tions of this character, and we confidently trust will thor- oughly establish themselves in the confidence of the State through a wise and economical administration. The num- ber of pupils during the term has been 292, not all of whom, however, remained the entire term. During the year the institute suffered the loss of two of its most accomplished teachers, Miss Jean Van Tassell and Prof. F. W. Booth, and their loss was most severely felt. They were accomplished teachers in every respect, and doubtless could have been retained had the funds the hands of the Trustees been suffi- cient to have competed with the offers made from other States. Prof. Booth is now engaged in a prominent position in the Philadelphia Institute for the Deaf and Dumb, and cannot but prove himself invaluable. He is a gentleman of highest character and conceded great ability in this work, to which he is attached in sincere devotion.
GOVERNOR BUREN ROBINSON SHERMAN 279
The school is finely prospering and merits the confidence of the State. I only regret that a large portion of those entitled to its benefits are not there to receive the proper instruction.
The reports show the great necessity for an increased water supply, and suggest two methods to accomplish such result, viz: by contract with the Council Bluffs Water Company or by sinking an artesian well. After a careful looking over the ground, on the occasion of my visits to the institution, I unhesitatingly favor the latter course. Should it be adopted the institution is entirely independent, using as much or as little water as may be, and the supply will be perma- nent and inexpensive. This is a matter of great importance, and I trust will not escape your early attention.
The reports also recommend some additions to the build- ings. I know that more room is necessary to make the insti- tution what it should be, and commend the matter to your careful consideration. Especially do I concur in the request for increased appropriations for the printing department. It has long been a favorite theory of mine that the pupils should be taught the art of printing, including press work, in all its completeness, and thereby in the future the State would be able to do in large part, as is done in some other States, its own printing, at an expense much less than by the present method ; and I suggest to the General Assembly the propriety of so enlarging the printing department, by pur- chase of material and presses, that the pupils may become experts in the business. The printed report now presented was gotten up at the institution and completed in every detail, save only the binding. In appearance it is certainly sufficient
280 MESSAGES AND PROCLAMATIONS OF
to satisfy the most sanguine of the friends of the institution, and demonstrates the ability of the pupils in this class of work. The pupils also publish a handsome weekly paper, the Deaf Mute Hawkeye, which is very creditable to the institution. I am glad to be able to say that the institution
*/
is prospering in every good respect.
A movement is in progress to ask the founding of another school somewhere nearer the centre of the State. It is claimed that the one now in existence is quite large enough in number of pupils for their permanent good. My attention has been called to an address before a national convention of deaf mutes, by one who is eminent in this branch of instruction, from which I quote the following as applicable to this subject :
"Large institutions wherein are gathered together so many pupils are not, in our opinion, so conducive to the best mental growth as several smaller ones. There are so many inmates that some must be overlooked and their necessities not cared for; the weak must give way to the strong, the sensitive to the bold and aggressive. In such institutions, too, are usually found very large classes, the baneful effects of which we have already alluded to. It is claimed that with large numbers better grading may be had, but we think experience has shown that with two hundred or perhaps two hundred and fifty pupils (we should prefer a less number) the best results may be ob- tained in this respect. In an institution so very large, and at the same time so ably managed as the one within whose hospitable walls we are met, this view would seem to be at once sufficiently confuted, but we believe that we express the feeling of very many of our best educators upon this subject when we assert that very large schools do not so effectually meet the wants of their pupils as smaller ones, par- ticularly so where the instruction given is largely of a primary char- acter. The difficulty may be obviated to a great extent by adopting
GOVERNOR BUREN ROBINSON SHERMAN 281
•
the plan now followed in California, where the inmates are distributed
into small families under separate roofs, thus affording that quiet, home-like feeling so necessary to the comfort, happiness and best improvement of pupils. A much better plan, we think, would be to establish one large central school for the higher education of our pupils, and several small ones at different points in the State for their primary instruction, thus following out in some degree the system pursued in the public schools of our large cities. "
THE FEEBLE-MINDED CHILDREN
The report of the Trustees of this institution is specially commended to your consideration. From personal and thor- ough examination thereof, I am fully convinced that this charity is deserving the earnest attention of the public, to the end that this class of unfortunates be provided for in a manner becoming the dignity of the State. The accommo- dations are meagre, indeed. Out of a total of over two thou- sand feeble-minded children reported in the State, which is probably less than the real number, because, as the Super- intendent says, it is difficult to ascertain the facts, "both from the failure to recognize mental imbecility in young children, and the usual perseverance in denying it when recog- nized, " only two hundred and thirty-nine are inmates of this institution, which is all it can possibly now accommodate. Provision should be made for a large increase of this number, which is due to the rapid growth of the State.
But whether increased or not, there is no sort of doubt more liberal appropriations are imperatively demanded for the present comfort of those there committed. The whole institution is in appearance the most poverty-stricken of all the State's charities. The conveniences for the work are
282 MESSAGES AND PROCLAMATIONS OF
poor indeed, and I am astonished that the officers and teach- ers in charge are able to accomplish anything. Nothing but the most earnest devotion to the work could bring the good results set forth in the report submitted, and which are apparent to every careful visitor to this great charity.
Too much praise cannot be accorded to Dr. Powell and his corps of able assistants, for the efficient manner in which they have discharged the various duties assigned them. The pupils are the most difficult in management of any class the State has under its control, and I certainly think it mar- velous the progress attained by them. Nothing less than the earnest, self-sacrificing labors of the officers and teachers could effect such result.
The appropriations asked are reasonable. More room and better accommodations must be provided, otherwise the insti- tution might better be abandoned. Up to the present time, the laundry appliances are of most primitive character, the work being done entirely by hand labor, and the great mag- nitude of this work, greater in proportion than that of any other institution, necessitates expenditures to aid the work. From careful examination in this part of the institution, I am satisfied that the funds asked for, and as well that for bath rooms and water supply, are quite reasonable. There are now but two boilers in use, both of which are inadequate to the purposes for which they are designed. Indeed, so limited is their capacity, that they cannot be used for heat- ing purposes and water supply at the same time ; that is to say, when the pumps are required, the steam used for heat- ing the buildings must be shut off. Manifestly, this is not as it should be, and I cordially endorse the demands of the
GOVERNOR BUREN ROBINSON SHERMAN 283
Trustees for additional facilities of this character. It must be borne in mind that the main building in use is an old structure, formerly used as an Orphans' Home. It needs repairs in every direction, and the amounts asked therefor are, I think, sufficiently modest. No public institution can be maintained without abundant water supply, so necessary in every part of the work. The Trustees are keenly alive to this importance, and are anxious the same be provided, not only for ordinary and daily use throughout the different parts of the buildings, but as well, also, to afford adequate fire protection. The plan proposes a tower, elevated suffi- ciently for these purposes, and of sufficient capacity to ensure safety. I approve the plan, and believe the sum asked for is a reasonable one.
If the State proposes to continue an institution of this kind, and I see no escape therefrom, a main building should be there provided for. The sum asked for that purpose is none too large to provide a suitable structure, and an appro- priation therefor, subject to the unanimous approval of the Trustees and further endorsed by the Executive of the State, ought to be made. 1 believe the institution is in good hands, and merits the favorable consideration of the General As- sembly.
THE ORPHANS' HOME
If there be one charity more than another which deserves the special attention of the State, it is that of providing a place and opportunity for the care and proper education of the little ones who have been deprived of the delights and advantages of home. No matter how modest that home
O
may be, nor how scanty its provisions for the comfort of
284 MESSAGES AND PROCLAMATIONS OF
those sent unto it, so long as father and mother, or either, be there,
"Be it ever so humble, there's no place like home."
When we know the multitude of little waifs, houseless and homeless, who are kicked and cuffed about by an un- feeling world, bereft of friends and denied even the atten- tions given to brutes, and who are being rapidly schooled in vice, to graduate thereafter in the prisons of the land, the fact that the State has stretched forth its strong arm in their defense, and with purpose for their elevation and education, is a consolation to us all.
The Home at Davenport is designed for such purposes, and most nobly is it accomplishing such result. My every visit there, an interested spectator of the great work being wrought, has given me better ideas of humanitarian effort, and a stronger confidence in man's disposition to the better- ment of his race.
The report of the Trustees and Superintendent of this Home are worthy your careful study. The number of sol- diers' orphans is, of course, necessarily decreasing, the num- ber in attendance June 30, 1883, being but 68 as against 76 at the beginning of the term ; while the county orphans have increased from 93 to 150 during the same period. The total number of deaths during the term has been but seven, which is remarkable, when we consider that a large proportion of the children are mere infants, and of those lost by death all but two were less than ten years of age. Great praise is due Dr. W. F. Peck for his untiring and enthusiastic attentions to these children, which is the more deserved because, in the inborn kindness of his heart, his services have been voluntary,
GOVERNOR BUREN ROBINSON SHERMAN 285
and for which he has refused all compensation. The grati- tude of a great State be his.
The same may be said, in most part, of the Superintendent, Mr. Pierce, and his accomplished wife, who is the painstak- ing and persevering Matron. To say that both are fully up to the high mark of intelligent superintendence, is but faint praise. All the officers of the Home have proved their adap- tability to their positions, and are entitled to the thanks of the State for their excellent conduct.
The Trustees recommend certain improvements for the accommodation of the Home, and, among other things, the purchase of a small tract of land adjoining. I have several times made thorough examination of these matters, and being fully convinced of the necessity of these appropriations in order to the advantage of the Home and children, I earnestly recommend they be granted. Especially is it necessary that sewerage be provided, and the cottages be steam heated, in- stead of by stoves as now provided, both on the ground of greater safety and economy as well. The report fully pre- sents the several needs which should engage the attention of the General Assembly.
I am also firmly of the opinion that the children at the Home, as well as those at the Institution for the Deaf and Dumb, should be taught some mechanical art, ere their dis- charge, thereby enabling them to engage at once in some honorable and supporting business; even their work while there would fully compensate the State all expenditures therefor.
Again, while the State supports the soldiers' orphans directly from the State treasury, the expenses for the county
286 MESSAGES AND PROCLAMATIONS OF
orphans are charged back to the county from which they are sent. I believe the true and better policy is for the State to bear the entire expense for the maintenance of the Home. One immediate effect thereof would be the transfer of or- phans from the alms - houses, where the chances for improve- ment are generally quite meagre, and the giving them an opportunity for vast improvement, both physically and intel- lectually. This should be done.
I cannot forbear words of hearty appreciation for the fidel- ity with which the Trustees have performed their duties. They merit the declaration "well done." Mr. Bryant, the resident Trustee, has devoted many days of loving labor to his work in amelioration of the condition of the children, and that, too, without extra charge.
THE INSANE
The reports of the Trustees to whom are committed the care and government of the Hospitals for the Insane are herewith submitted, and, I doubt not, will receive at your hands that profound attention which their importance de- mands. How best to care for this large and rapidly increas- ing class of unfortunate beings is one of the most serious questions presented to thinking and public -spirited people, and has proven one of the most perplexing to legislators. It is but a few years, comparatively, since the insane were all subjected to rigorous confinement, without medical at- tendance of any character, and, naturally, there could be no improvement hoped for. The growing intelligence of peo- ple in all lands has compelled a change of treatment of these unfortunates, until to-day, there is no citizen who is
GOVERNOR BUREN ROBINSON SHERMAN 287
not gladly willing to be taxed, to any reasonable extent, in order to their present comfort and possible cure. While the people of our own State have been liberal in this regard, and our Hospitals will favorably compare with any others in the Union, we have not yet performed our whole duty. There are far too many insane who are unable to experience the beneficial care of the Hospitals, the want whereof has- proven disastrous in a very large number of cases. More ample provision must be made for their accommodation. Two years ago I suggested the necessity of building an asylum for the incurable. Time and experience has con- firmed me in the position then taken. There should be some place provided whereto all the chronic cases may be sent, and thus relieve the present over-crowded Hospitals, so that all recent and probably curable cases could be com- fortably provided. Every exertion should be made for the prompt admission of cases as soon as the malady manifests itself. An examination of the tables in the reports shows that of the cases committed within twelve months from the appearance of the disease, nearly one-third were discharged as recovered, and over forty per cent of those remaining had improved under treatment. It will also be observed that the great majority of those admitted are under forty years of age, and again, that majority composed of those between twenty and thirty years; and further, that the per cent of those recovered is very largely in favor of those whose age was within the limit above given. Surely, with such results, the State cannot be excused every effort in bet- terment of the condition of these unfortunates.
Both the Hospitals are crowded to their utmost capacity,.
288 MESSAGES AND PROCLAMATIONS OF
whereas there should always be room for new cases. The number remaining in the Mt. Pleasant Hospital, at the close of the period, June 30, 1883, was, males, two hundred thirty-six; females, two hundred thirty-six; total, four hun- dred seventy-two. The number at Independence at the same date, was, males, three hundred twenty -three; females, two hundred fifty -seven; total, five hundred eighty; a grand total of males, five hundred fifty -nine; females, four hun- dred ninety -three; aggregate, one thousand fifty -two. The total number of insane in the State on the 1st day of No- vember, 1883, as reported to me by the auditors of the several counties, was one thousand seven hundred and twenty -six, of which number one thousand and one were supported in the State hospitals; five hundred and nineteen were in the county alms-houses; one hundred and thirty- three in private asylums; fifty -eight at homes of relatives, and fifteen confined in county jails. As this agrees, sub- stantially, with the Hospital reports, each may be regarded as correct. I append thereto the lists as made up in the counties. I commend to your careful consideration the suggestions of the trustees and superintendents of these institutions, relative to the subject. I cordially join the recommendation that the criminal insane should be else- where provided for. This can be easily and cheaply done by the erection of a suitable building in connection with the new Penitentiary at Anamosa, and this class of patients taken thither.
I have made frequent visits to these Hospitals, and have been pleased to note the careful and intelligent manner with which the same have been conducted. Trustees and officers
GOVERNOR BUREN ROBINSON SHERMAN 289
have been enthusiastic and thorough in the work, and I am led to believe that the interests, both of patients and the State at large, have been subserved and protected. Each report shows the expenditures for the term in careful detail, and the whole has been within the limitations fixed by the law. Some additional appropriations, for improvements and repairs, are asked for, and the amounts required for each purpose, the necessity for which will be apparent to every enquirer. Although the Trustees of the Independence Hos- pital directed attention to the advisability of purchasing eighty acres of land adjoining the farm, they have since made a supplemental report, dated January 3d, in which they set out in special manner the necessity for this purchase, in order to a complete water supply. This report is appen- ded hereto. Whether or not it would be wise to increase the capacity of these Hospitals by erecting additions thereto, or that the end sought would be better accomplished by establishing a new Hospital nearer the center of the State, is for the General Assembly to determine, but that some ade- quate provision should be made, to remove patients from almshouses and jails and place them where they can be safe from injury to others and as well secure intelligent treatment to themselves, is a conceded necessity.
Under the law as it now stands, each county is held respon- sible for the expense of the patients therefrom. I believe a change for the better would follow if the insane were all sup- ported at the expense of the general fund.
THE VISITING COMMITTEE
The report of the Hospital Visiting Committee is also pre- sented for your information. Only one case calling for spe-
290 MESSAGES AND PROCLAMATIONS OF
cial investigation was necessary during the term, and in that the evidence produced was abundantly sufficient to satisfy the Committee that the charge was unfounded in fact.
The members of the Committee have certainly endeavored to do their whole duty, having been diligent and prompt therein.
The Trustees of both the Hospitals insist that the ex- penses of this Committee should not be made a charge upon the Hospital funds, but should be paid direct from the treasury of the State. I also incline to the same opinion, and recommend the change in the law necessary to such result.
THE COMPLETED HOSPITALS
The Nineteenth General Assembly appropriated for the purpose of completing the Hospitals at Independence, in the building of the fifth and sixth sections of the south wing, the sum of $70,000, which was inclusive of $5,000 for furnish- ing the same.
The buildings are now almost complete. The plastering was finished on December 20th last, and the wood work and painting will be done so that these sections will be occupied soon after the first of March. Of the amount appropriated for construction it is probable the Commissioners will have a remainder unexpended of $7,500, and in their opinion it would be well to authorize them to use so much as is neces- sary thereof to build the front portico to the main building, and also to "point up" the walls of the entire structure, which would be a completion of the whole building accord- ing to its original design.
The appropriation for furnishing has not yet all been
GOVERNOR BT7REN ROBINSON SHERMAN 291
expended, but the amount was none too large. The furnish- ing will be done in time for the occupation of these sections on or about March first, as above stated.
The appropriation of $1,250 for the construction of a cis- tern has been drawn, and a good cistern is now in use.
The sum authorized for continuing the sewer has not yet been expended.
PROVIDENTIAL CONTINGENCIES
It has been the custom of the General Assembly for many years past to appropriate a certain sum, generally $10,000 for the biennial period, for providential contingencies fund, out of which the Executive Council could make appropria- tions for sudden emergencies which could not otherwise be provided for. The amount expended therefrom during the last term was $5,858.57, leaving at this date (January 12, 1884) undrawn, the sum of $4,141.43. It will be remem- bered that no monies can be drawn from this fund except by the unanimous consent of the Executive Council, and, there- fore, the integrity of the fund is carefully provided for. The last amount expended was for the relief of the Inde- pendence Hospital, nearly eleven months prior to the end of the term. Although the necessities, both at the Institu- tion for the Deaf and Dumb and the Hospital at Independ- ence, were very pressing and larger amounts should have been allowed, yet the Council did not feel safe in appropri- ating the entire sum lest some emergency, equally disastrous, might happen, and the Council be absolutely without power of assistance.
Happily, up to this date no other calamity has been re-
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ported. In the case at Independence, where the loss was very great, the Council did not feel justified in expending the whole of the fund therefor, but instead recommended the Trustees to use from the support funds, if any could be spared, in the repair of the damages sustained. The report of the Trustees shows in detail the disposition of this fund. The same was also true of the damages sustained at the Deaf and Dumb Institution, although the amount transferred was not sufficient for the required purpose. The amounts of in- debtedness incurred by the Trustees in repair of the dam- ages to these institutions should be provided for by ade- quate appropriations therefor.
In view of the possible dangers before us, I recommend the said fund be increased to $25,000. There could be no danger of its squandering, so long as the present restrictions of the law be observed.
THE PENITENTIARIES
The reports of the Wardens of the two Penitentiaries, make a very full, and as I think, satisfactory showing. The number of convicts at
FORT MADISON
has increased slightly over the previous term; the number remaining June 30, 1883, being 378 as against 341 on Octo- ber 1, 1881, the average number in confinement during the period having been 37 5£. The general health of the con- victs has been excellent, less than two per cent having been disabled, either by disease or accident, from their accus- tomed work. The Warden shows the expenditures of the funds heretofore appropriated, which, from careful examina-
GOVERNOR BUREN ROBINSON SHERMAN 293
tion, I believe to have been judiciously expended. I am firm in the conviction that the sums asked for with which to re- place the old wooden bedsteads with those of iron, and for the purchase of new cell buckets are necessary and the amounts should be allowed. The Warden also asks for additional appropriation for transportation of discharged convicts. In my opinion it would be better to pay each con- vict at discharge a specific sum, say of fifteen dollars, which should be inclusive also of the money gift now allowed. The financial affairs of the prison have been carefully man- aged, the details whereof being shown by the clerk. The inventory of supplies on hand and paid for, together with the amounts due from the contractors, exceeds the same items at the close of the previous term by $2,369.64. The discipline of the prison has been all that could be expected. There are no female convicts now at this prison, they hav- ing been transferred to the Additional Penitentiary by my order, so that we could have this class all in one prison, where they could be better provided for.
THE ANAMOSA PRISON
Mr. A. E. Martin, Warden of this prison, presents a carefully prepared statement of his work during the last term, which will be read with interest. As you are aware, this prison is yet in process of construction, and, while far from being complete, it has so far progressed that the con- victs therein, numbering 229, at the close of the period, are well provided for in every respect. The prison will now accommodate many more, but when completed, will have a capacity exceeding 800. The work is being pushed very
294 MESSAGES AND PROCLAMATIONS OF
rapidly, and the progress made really wonderful. The building of the wall has been much more expensive than was anticipated, owing to a substratum of quick -sand, which was unexpectedly encountered, and which has made neces- sary a large amount of piling. The cell -house has been finished, the cells being larger than the usual size, 320 in number, and is lighted with electric incandescent lamps, and most thoroughly ventilated. Altogether it is one of the finest cell-rooms in the United States. All the work, whether upon the buildings or upon the walls and towers, is first class in character, and reflects greatest credit upon Mr. Martin, who has not only been the Warden but has also superintended the work of construction.
The new quarry purchased by the State has developed much better than we had dared to hope. The quality of the stone is unsurpassed, and the abundance is beyond all danger of exhaustion. That investment was one of the best ever made by the State for any purpose.
The appropriations heretofore made for construction pur- poses are enumerated by the Warden, showing the amounts drawn on each appropriation, and the amount on hand at date of report as $19,002.91.
The discipline at this prison is commendable in highest degree, and the health of the convicts has been good, as shown in the report of the accomplished physician, Dr. L. Gr. Adair. He is a faithful man, in the right place.
The Warden asked that appropriations for construction be continued, in order to the early completion of the prison, and also for certain other improvements, all of which I cordially recommend.
GOVERNOR BUREN ROBINSON SHERMAN 295
The labor performed by the convicts is not only vast in extent but valuable in character, and if the results were figured in dollars and cents, would convince the most in- credulous of the great profit to the State from such labor. The instances are many that convicts on discharge immedi- ately engage themselves to private parties, either as stone cutters or quarrymen, finding steady employment at good wages, thus commencing life anew with most hopeful pros- pects.
I am still of the opinion expressed in my address two years since, that in all cases where convicts leave behind them families in comparatively destitute circumstances, the State ought to authorize the payment to such families of a moiety of their earnings, "and thus save the experience of the alms house, or a fate worse than death itself. "
I earnestly commend this subject to your careful considera- tion.
STATE PRISON INSPECTORS
In the inaugural address two years since, I urged the importance of creating a Board of Trustees for the general supervision of our penal and reformatory institutions. An experience of two years has but confirmed my opinion of the necessity for such a Board. As the law now stands the Executive is held directly responsible for the management of the Penitentiaries, and for the official conduct of the War- den, and yet has no choice in the selection of that officer. Nor does he have the time at command to give that minute attention to the prisons which the responsibility demands. I believe a Board of three Inspectors should be provided, who should be appointed by the Executive, subject to the
296 MESSAGES AND PROCLAMATIONS OF
consent of the Senate, to whom should be committed the general government of the prisons, with power to act, as is the case with other State institutions. They should be required to visit each prison as often as once in each quarter, and also to make report thereof quarterly to the Governor. I am satisfied it would be an improvement on the present practice.
THE REFORM SCHOOLS
The work at the Reform Schools has been prosecuted with unabated and successful vigor. The Trustees have been especially diligent and careful in the performance of their duties, and the result is a report, submitted herewith, which will be satisfactory to the most exacting. Both Schools are officered by persons of experience, working hard for the suc- cess of their respective departments, and they deserve con- gratulation on the success of their labors.
The whole number of children at the Boys' Reform School at Eldora is reported at 240, those at the Girls' School at Mitchelville at 84 — a total of 324. During the existence of the School, 794 have been discharged, improved in both education and discipline, and, it is to be hoped, with better resolutions for the future.
Parents are apt to mistake the character of these Schools. They are not intended for the punishment of children at the mere caprice of parents, nor are the pupils discharged on demand; but they are intended rather for a reformatory course and recovery from evil ways. When once commit- ted, children are beyond the control of the natural parents, and must remain during minority, or until reformation is practically secured.
GOVERNOR BUREN ROBINSON SHERMAN 297
Believing that these schools are of profitable advantage in reclaiming wayward youth, I should be glad to see their capacity increased until they are fully able to meet the demands upon them. The School for Girls especially needs improvements and enlargements, and I recommend reason- able appropriations therefor. Superintendents Miles, at Eldora, and Lewelling, at Mitchellville, have proved them- selves "the right ones in the right places," and in largest part the success which has attended the administration of these reformatories is due to their intelligent and unremit- ting labors. A very wise regulation is that which requires the boys to work one -half each day in varied labors on the farm, and devote the remaining half to school studies. The demand of the Trustees that appropriations be made for the instruction of the boys in some mechanical pursuits where- with to help themselves on discharge, instead of being turned out to depend on common and uncertain day labor, is correct in principle and should be adopted as the policy of the State in respect to this School. I earnestly commend this subject to your thoughtful consideration. At the Girls' School the pupils are instructed in a suitable manner under the careful superintendence of Mrs. Lewelling, than whom a more accomplished teacher and adviser could not be found.
I commend to you also the recommendations of the Trus- tees for additional buildings and internal improvements, in which I cordially concur, believing the same absolutely re- quisite for the continuation of the good work now begun. The sums asked are not large, and with such a Board would be judiciously expended.
298 MESSAGES AND PROCLAMATIONS OF
PARDONS
The constitution places in the hands of the Executive the power of pardon to all criminals, except as to those convicted of murder in the first degree, and as to them after the case has been referred to the General Assembly.
This responsibility is of the gravest character, and in the discharge of the duties it has devolved upon me I have labored hard to do that only which would be for the interests of the party immediately interested, and the public as well. The number of applications has averaged several each week, and I have given each of them a patient and thorough exam- ination. Besides, in my frequent visits to the Penitentiaries, I have always allowed the convicts to consult me, frequently remaining over a day or two for that purpose, believing that even if no encouragement could be given, the effect of the in- terview was always salutary to the party himself, compelling his opinion that others were willing to hear his version of the trouble which caused his incarceration.
The total number of pardons granted in the two years of my administration has been 104. Nearly all of these have been conditional, and accepted as such, save by one convict, who refused the conditions, and remained his full time. Of the entire number granted, 72 were convicts in the Peniten- tiary, 12 were children committed to the Reform School, and 20 were discharged from county jails and city prisons. Six were suspensions of sentence to the Penitentiary on account of exceedingly poor health, and two from jails, one was a commutation of sentence, and one was a cancellation of the pardon. Of this entire number I have revoked two, they being parties conditionally released from the Peniten-
tiary of the State at Fort Madison, but who violated the con- ditions whereby they were discharged, and, on proofs being presented, I issued warrants for the return of the convicts to the prison. I am determined to enforce the conditions of all discharges. Offenders must learn that if grace is shown them, they must observe the reasonable conditions imposed, otherwise their re-commitment to prison will be absolutely certain.
It will be observed by an examination of the pardon cases reported, that in most part the time has been shortened but a few weeks or months at the furthermost. I am thoroughly satisfied after thoughtful consideration of this whole subject, that, save in extreme cases, the possibilities for the correct future of the convict are greatly enhanced by his conditional discharge. In the first place, he is convinced that the State has a friendly interest in him, and is willing to trust him to regain his good standing as a man and citizen, and only demands that he abandon his evil ways ; but, secondly, that if he willfully violates his pledges of reform, he is liable, at any time, to be returned to punishment.
That the effect of my reasoning and action has been salu- tary is abundantly evidenced in the fact, that so far as I know, but two have proved false to their promises of im- provement, and each of these has been promptly sent back for the entire remainder of the term. I am greatly pleased in the exhibit thus made.
THE WOMAN'S PRISON
A movement is being made in the direction of a separate prison for female convicts. I approve the idea, and when
300 MESSAGES AND PROCLAMATIONS OF
the Woman's Prison contemplated at Anamosa is com- pleted, as is expected to be done during the present year, the State will have ample provision for this class. To their honor be it said, the women of the State have contrib- uted but twelve convicts to the Penitentiaries.
I am in favor of a Reformatory for wayward females, be- yond that now provided by law, which is only for the reformation of the young. In my judgment, the Girls' Re- form School, at Mitchelville, should be enlarged sufficiently to provide for a class of women who are guilty of the minor offenses, such as shop -lifting and the smaller larcenies. The additional expense of such a prison would not be great, and I can see none but beneficial results therefrom.
For the graver crimes they can be confined in the woman's department of the Anamosa prison.
SPECIAL PARDONS
Accompanying this message, I submit the cases of the following persons, convicted of murder in the first degree, and sentenced to the penitentiary for life, but who now petition for pardon, viz. :
Finis Allen, Fremont county;
William Dilley, Johnson county;
Annie Taylor, Clinton county;
George Stanley, Story county;
Lewis W. Weirich, Harrison county.
The requirements of the law, in the publication of notices, have been complied with, and I submit the cases to you for such action as you may deem proper. The original papers are on file in the Executive office.
GOVERNOR BUREN ROBINSON SHERMAN 301
CHARITIES AND REFORMS
In this connection I cannot forbear to mention the work performed by the National Association of Charities and Re- forms, which convened in Louisville, Kentucky, on the 24th day of September last, and remained in session several days, discussing the better methods for management of charitable, reformatory and penal institutions.
This Association has been in existence several years, and is made up of delegates from the several States, of persons interested in such work. I was invited to send delegates thereto, and appointed the following ladies and gentlemen, viz. : B. J. Miles, Hardin county; L. D. Le welling, Polk county; Jennie McCowan, M. D., Scott county; Louise Hall, Des Moines county; Mary Wright, Polk county; A. Reynolds, Clinton county; C. S. Watkins, Scott county; the first four of whom attended the conference. The per- sons commissioned attended without fee or reward, thus testifying their interest in the object of the Association. Upon their return, they made a report to me of the results of their attendance, which is of such importance and absorb- ing interest that I append a copy thereof to this message.
The next session of this Association will be held at Rome, Italy, and I suggest for your consideration, the advisability of a reasonable appropriation to send delegates thereto. We have not yet reached that thoroughness in the treatment of these cases which is possible, and I am in favor of obtain- ing the fullest information, by experience and otherwise, which is within our reach, and disseminating the same for the public good.
302 MESSAGES AND PROCLAMATIONS OF
STATE TRUSTEES
The propriety of organizing a State Board of Trustees, who should have supervisory and advisory control of all our public institutions, has elicited much discussion among the people, and I am on record in favor of such a system. Several other States have so provided, and with beneficial results. I do not advise the abandonment of local, or separate Boards, for each of the institutions, for I think such action would be unwise, and would be the concentra- tion of too much power in the hands of a single Board, but that the State Board should have authority to make semi- annual inspections of the work at each hospital, asylum, or State school, and advise the local authorities in respect thereto, but should not compel change in government, un- less the necessity therefor should first receive the explicit approval of the Executive. A Board of this character, com- posed of thoroughly trained business men, whose compensa- tion should be made sufficient to command their earnest attention to the work, would, in my judgment, be of incal- culable benefit to the State. We now have ten of these institutions of a charitable or penal character, and the ex- pense of their maintenance is, of necessity, very great; and it becomes the State, without being illiberal, to secure com- mendable economy in their management. Under our pres- ent plan, these are not controlled with that uniformity in details which should obtain, but which I think could be secured through the wise counsel of a State Board. One of the important advantages which would follow the adoption of this system, would be the information which would be given the Executive and the General Assembly in the bien- nial reports which should be required.
GOVERNOR BUREN ROBINSON SHERMAN 303
The State of Michigan has had such a board for the past ten years, and it has proven of inestimable benefit to the institutions themselves, and not to them only, but to the State at large. The board there consists of five persons, of whom four are nominated by the Governor with the consent of the Senate, and the Governor is ex-officio a member. The law also requires local Boards, when preparing their estimates for expenses for the coming biennial period, and in estimating appropriations for repairs and new buildings, and in preparing the plans therefor, to submit the same to the State Board for its opinion thereon.
I am firmly convinced that such an addition to our system would be productive of the best results.
THE PUBLIC HEALTH
The report of the State Board of Health, voluminous though it be, will be examined with special interest. The information given the people through the circulars and pub- lications which have been issued from time to time, and lastly, the report now submitted, will prove of great and continuing value. The gentlemen constituting the Board are men of acknowledged skill in their profession, and their willingness to give time and attention to the work, and that without any compensation, should be mentioned to their credit.
The expense attending the Board is very small, limited to $5,000 per annum, and is not to be compared with beneficial results already experienced through its agency.
304 MESSAGES AND PROCLAMATIONS OF
HISTORICAL SOCIETY
In the report of the State Historical Society there is shown a complete catalogue of the books and pamphlets now in its possession. Even a casual glance will satisfy the reader that the collection is a very valuable one, and deserves all the protection the State can give. The gentlemen composing the Board of Curators are men who are earnest in the work of the Society, and deserve the thanks of the State for their unselfish and patriotic labors.
I fear the people generally do not comprehend the pur- pose of this society, for the reason that its existence is not thoroughly known. It would be well if the officers of the Board would address a circular letter to each county and town in the State, setting out the objects of the society, and thus secure their aid in promoting its interests. The society is a State organization connected with the State University, and its object, the collection and preservation of all facts connected with the settlement and growth of the State, in which work every citizen should feel a personal and enthusi- astic interest. The expense of its maintenance is compar- atively nothing, which fact should secure for it general pub- lic interest and assistance.
THE WEATHER SERVICE
Professor Hinrichs, the Director of the Iowa Weather Service, has presented a very interesting report of the work of the Bureau, which will attract attention in all quarters. Professor Hinrichs has a well-established reputation among scientists everywhere, and this report will but add thereto. The information given will be of value to the people, and
GOVERNOR BUREN ROBINSON SHERMAN 305
the service should be continued. The cost attending it is the small sum necessary to procure scientific instruments, the labor throughout the State being voluntarily done, no compensation being asked or granted.
The appropriation for this service is but one thousand dollars per year, which covers the entire expense to the State, save the small item of printing the quarterly reports.
The Director is of the opinion the State ought to allow him some remuneration for his work, and also make provi- sion for rent of rooms sufficient for the use of the Bureau, in which I cordially agree.
THE DENTAL SERVICE
The new dental department of the University has pros- pered beyond all expectations. There were fourteen matric- ulates at the first session of 1882-3, and thirty for the second. The department has established itself in the confi- dence of the profession and the public, and promises great usefulness. The professors labor under great difficulties for the want of suitable appliances, and if the attendance upon the lectures increases in the future as in the past, which will undoubtedly be the case, it is imperative that more room be provided. Up to this time the professors have attended their classes without any compensation whatever. Inasmuch as this department is so encouraging, I suggest that reasonable appropriation be made to provide it with suitable quarters for the work designed, and that proper allowance be made for the services of the faculty.
806 MESSAGES AND PROCLAMATIONS OF
TREASURY INSPECTORS
At a previous session of the General Assembly a bill was introduced providing for the appointment of Treasury In- spectors, whose duty it should be, at least once in each year, to make critical examination of the condition of each county treasury in the State. True, the law requires the board of supervisors to perform this duty, and no doubt honest attempt is generally made thereto, but two difficulties are in the way of thorough settlement: first, the time of examination is always known ; and, second, the members of the board, not having been trained in the science of accounts, are hardly able to do the duty.
I consider this a matter of great public concern. If such was the law, and competent men were appointed to this work, defalcations would be practically impossible. These Inspectors should be authorized to make the examination at any time, and should be prohibited the giving any notice thereof. I am satisfied such a measure would be of incal- culable benefit to the entire State. It would satisfy the peo- ple respecting the conduct of these officers, who are often cruelly attacked when an examination of their business would establish their integrity, but it is desirable as well in self- protection of the officers themselves, who with such a settle- ment would be content and satisfied.
THE STATE AGRICULTURAL SOCIETY
The annual reports of this Society continue to improve in interest and are constantly attracting more general attention from the people. The vast amount of information which they contain is of permanent value to all citizens of the State,
GOVERNOR BUREN ROBINSON SHERMAN 307 and, I am glad to add, the reports are much sought after in
.
other States by persons who seek accurate information. The only expense to the State for the benefit of the Society is the printing and binding these annual reports, and inas- much as through the circulation thereof in other States we are undoubtedly indebted in large part for the great immi- gration which has come to us in the last few years, and that of a superior class, which has added greatly to the wealth of the State; I am of opinion the state should assist in the work of the Society by a reasonable appropriation. If the State would publish and bind for the association the proceedings of the annual January meeting of the Society, and the papers submitted relating to agricultural topics, and also authorize the publication and distribution of the monthly reports of the agricultural interests of the State, it would be of immense value. The Secretary estimates that an appropriation of $5,000 would cover all expenses thereof.
The chief employment of our people is agriculture. What- ever can be done to augment this great interest, to add to its importance and stimulate its growth, is equally to the advan- tage of the entire State. For this reason, realizing the vast and growing importance of this subject, I recommended, two years since, the organization of an Agricultural Department of the State government, which, through its Secretary, could furnish correct information to the people respecting all mat- ters connected with the subject, and almost without cost; and in addition thereto the facts as to the manufacturing and mining development of the State. I am still of the same opinion, and would rejoice if the General Assembly would give shape to the proposition in the enactment of proper
308 MESSAGES AND PROCLAMATIONS OF
laws in respect thereof. All funds expended in develop- ment of these interests would be money well invested, which would make quick and paying returns.
THE HIGHWAYS
The Legislative as well as the public attention has fre- quently been called to the necessity of some legislation which will conduce to the betterment of the roads of the State. We hold conventions, and there listen to theories advanced which are many and varied, but after all the discussion no satisfactory conclusion is reached, scarcely any two agree in opinion, save that the roads are not as good as may be, and finally adjournment is had, and we retire to our homes either confused respecting the whole matter, or solidly confirmed in our previous idea. The truth is, this subject of improve- ment of the public highways is an exceeding difficult, as well as perplexing, one, and will tax to the utmost the ingenuity and wisdom of the Legislative department.
For myself, I confess my opinions of the best methods of dealing with the question are not as satisfactory as I could wish, but I am well convinced that something needs be done in improvement of our road system. With a road tax list of nearly a half million dollars, it does seem to me the gen- eral condition of the highways should be bettered. The law allows a large portion of the road tax to be paid in labor, and therein I think is much of the difficulty under which we are laboring. If this tax was all payable in money, as I believe it should be, the same in the hands of a competent supervisor would accomplish much more than is now possible, and better roads would result. This will be conceded by every one.
GOVERNOR BUREN ROBINSON SHERMAN 309
Again, I incline to the opinion that it would be far better if we had but one roadmaster in the township, who should be held responsible for the roads therein, and that he be appointed by the trustees, and be accountable to them for his official action.
Akin to this matter of roads is that of bridges, in which all the people are equally interested. The tax for the build- ing and repair of highway bridges, amounts to over a million dollars annually, and while it is true that our bridges are generally good ones, there are frequent times when the funds in hand are not sufficient to keep them in good repair, and the public suffers in consequence. Occasionally, bridges are lost through high waters in the streams, and in townships where the bridges are many, and the cost considerable, the public is frequently inconvenienced through the want of funds with which to rebuild the same, even though the max- imum tax may have been levied. I suggest the propiiety of increasing the powers of the trustees in such cases, and hav- ing gained the consent of the board of supervisors thereto, that they be authorized to levy such additional tax as will replace the bridges swept away. I deem this matter impor- tant, as in the direction of better highway privileges.
I must also call your attention to the fact that the law requiring supervisors to place proper guide -boards at high- way crossings, is not enforced, save in a very few road dis- tricts, throughout the entire State. Travelers complain thereat. Would it not be well to affix a penalty to all supervisors who fail to promptly obey this reasonable requirement?
310 MESSAGES AND PROCLAMATIONS OF
THE PHARMACY COMMISSION
The Eighteenth General Assembly, in response to a gen- eral public demand therefor, enacted a law organizing a Phar- macy Commission, the object of which was to regulate the sale of medicines and all poisonous drugs and liquids, in order to the better protection of the people. Thereafter none but persons qualified should be allowed to deal in such articles — the evidence of qualification being the certificate of the Commissioners. As might have been expected, vigor- ous opposition has been made thereto, and the Commission- ers have been embarrassed to greater or less extent in enforce- ment of the provisions of the act. The Commission is made up of men skilled in their profession, and the general pur- pose of the law has received the unqualified endorsement of the State Pharmaceutical Society.
The report of the Commissioners will be laid before you, and should receive your attention. It may be the law needs amendment in respect to some of its details, — but that such a law is a necessity, needs no argument at my hands. None but educated and experienced persons should be allowed to deal out drugs and medicines to the public. We are all dependent upon the careful skill of such persons, and I believe some law of this character should have place upon the statute book. Make the requirements strict as you may — visit severest punishment upon all violators thereof — hedge it about with all the technicalities possible in protection of legitimate business — such provisions will receive my unquali- fied approval.
GOVERNOR BUREN ROBINSON SHERMAN 311
THE NEW CAPITOL
In pursuance of the orders of your predecessors of the Nineteenth General Assembly, the Commissioners of the new Capitol have about completed as much of the work as was designated by the act, and the same is ready for your occu- pancy. I only regret that the entire building is not also completed, so that all the valuable records of the State could be immediately removed thither and be saved all possible danger of loss. The report of the Commissioners will be submitted to you, showing in detail the work done, the funds drawn from the treasury, and the expenditures thereof. The character of the work speaks for itself, and challenges criti- cism.
Inasmuch as the necessity increases every day for the early removal of all the State offices, I earnestly recommend suf- ficient appropriations for the rapid, but thorough, comple- tion of the building, or that portion thereof designed for the public offices. This done, the remainder can be prosecuted at a later date, and without extraordinary tax levies. For detailed information relative to the entire work, I refer you to the several reports of the Commissioners.
The law should invest the janitors of the Capitol with authority to arrest all persons who should be detected in any attempt at defacement or mutilation thereof.
PUBLIC BUILDINGS
In the near future the State will be obliged to construct several new and important public buildings, and the demand for repairs and additions to those now in use, is daily increas- ing. The practice has ever been to commit this work to the
312 MESSAGES AND PROCLAMATIONS OF
supervision of the Trustees of the institution, which is well enough, provided they can have the advice of some practical architect and builder. There should be a State Superinten- dent who should have general supervision of all improve- ments, and whose approval of plans should be necessary before any appropriation be drawn, or work commenced. The Superintendent should be a man skilled in architecture and of great and varied experience in building — and with such an one the character and real worth of our State build- ings would be vastly increased. This has long been a fav- orite theory with me, and my past and recent experience in such matters has strongly confirmed me, not only in the pro- priety, but as well as the absolute necessity thereof. The services of such a man, competent to the position, would be really invaluable to the State. I strongly commend this sub- ject to your favorable consideration.
TRANSPORTATION
The railroad question is one of vast and growing impor- tance, affecting every class and condition of men, and, while it affords food for serious reflection to the studious and pat- riotic citizen who only desires that Right shall prevail, both as to the corporations and the people, also furnishes abun- dant opportunity for declaim by those whose only interest is a personal one, through which they may advance their ambi- tion. The history of the country is replete with examples of both these characters, and will so continue through all time. In the minds of many, accumulations of capital have come to be regarded as dangerous to the well-being of the State, and that legislation should be directed to its discour-
GOVERNOR BUREN ROBINSON SHERMAN 313
agement; apparently forgetful of the fact that all great enter- prises, in order to success, must be backed up by a reserve force sufficient to tide over the obstacles which invariably meet them at every step of their progress. This has been the history of the country from its infancy until now, and has been equally true of every civilized people. One of the greatest dangers to free government, now in view, is the pos- sible array of labor against capital, endeavored to be brought about by designing men solely for their personal aggrandize- ment; and the railroad question is seized upon with an avidity otherwise unknown to them. Railroad owners and man- agers are entitled to the same rights and protection as any other of the people — no more, no less — and the law thus pro- viding, every citizen should be content. It is claimed that such is not the case, and that special privilege is granted to these, and other like organizations; if true, the law needs amendment, for there should be no distinctions among the people ; if not the fact, let us cease inveighing against them, and resolutely work for the interests of the whole people, irrespective of station or condition.
Ten years ago we placed upon the statute book an act regulating passenger and freight tariffs within the State ; but after four years of experience the people decided that the law as then enacted was in large part not only impracticable, but that it operated unjustly both to the railway companies and to the whole people as well, and therefore the law was materially modified. A Board of Railway Commissioners was then established, clothed with all necessary authority to examine cases of complaint, and make decision thereon. This system is in vogue in about half the States in the Union,
314 MESSAGES AND PROCLAMATIONS OF
having been begun in Massachusetts over fifteen years since, and now in satisfactory operation in the others. In fact, I believe that in those States having longest experience with such Boards, and where the system has been fairly tested, the general verdict is in its favor, as the best solution of the question. The Board acts in the same manner as a board of arbitration, and with but trifling cost to either party. There is no question but that the Board has saved large amounts in costs to the people. The cases presented have had patient hearing and thorough investigation, and in the findings the Board has set out at length the points in each case, with their opinions thereon. Necessarily, in a business so vast and complicated as railway operations have come to be, various and difficult questions are presented which are too important to be passed over without full and careful consideration ; and while the Board has reviewed a large number of cases, and many of them presented with able persistence, it stands to the credit of the Commissioners that every decision thus far has been accepted in good faith by the parties interested and the judgment of the Board followed, save in one solitary instance; and that where the defendant, the railroad com- pany, flatly refused to carry out the requirements of the Commission.
I believe the Board should be invested with authority to enforce its decisions, for although in the great majority of cases prompt compliance has been, and undoubtedly will fol- low its holdings, there may occasionally arise a case, like the one cited, wherein the ruling of the Commissioners was unquestionably the law and ought to have been accepted as such, in which authority should be exercised to prevent
GOVERNOR BUREN ROBINSON SHERMAN 315
further wrong doing. In my judgment this power is a neces- sary adjunct to the completeness of the system : and that done, the Commissioner will occupy a position of independence. For a full understanding the work of the Commission, I respectfully refer you to the report submitted herewith, and commend it to your careful consideration.
The general railroad law should be amended so as to require companies to erect and maintain suitable station houses, lighted and warmed for the accommodation of trav- elers, at each and every railroad crossing within the State.
BOAKD OF DENTAL EXAMINERS
The Nineteenth General Assembly adopted an act to in- sure the better education of the practitioners of dentistry, and under its provisions five skilled dentists were appointed as a Board of Examiners. Their report, which has not yet been printed, but soon will be submitted, shows that at the time of the organization of the Board there were three hun- dred and sixty -seven persons authorized to engage in the practice of dentistry, and since then twenty -one new licenses have been issued. The business of the Board is conducted without expense to the State. During the year the receipts from fees and donations have been $435.00, and the expense of printing, postage, etc., $440.14, leaving a balance of $5.14 to be paid from future receipts. The examinations made appear to be thorough, yet fair and reasonable, and the work of the Commissioners has proven satisfactory to the public as well as the profession. I recommend that the system be continued.
316 MESSAGES AND PROCLAMATIONS OF
COURT EXPENSES
The complaints of the people in all parts of the State touching the increasing expenses of the courts, especially in the administration of criminal jurisprudence, calls loudly for reform in our judicial system. If the preliminary examina- tions, so much resorted to, could be abandoned in some de- gree, and changes of venue be refused, except for the general prejudice of the people of the county, and in respect to which the district attorney should be permitted to contest, and changes denied where the alleged prejudice of the judge was the ground for the application, a great stride would be made in the direction of reduced costs. Again, continuances are granted for too trivial reasons, and in most cases are applied for for the sole purpose of delay. It should be remembered that the prosecution is always expected to be ready for trial — the costs of its witnesses have already been made — and where continuance is then granted, the costs must be paid from out the public treasury. This is all wrong. The same requirements should obtain as to the defendant, except in extreme cases, where the judge would be able to see the absolute necessity for the continuance.
Evidently some legislation must be had respecting this important matter, and I trust the subject will receive your very earnest attention.
EX -GOVERNORS HEMPSTEAD AND LOWE
Early in the past year it became my sad duty to announce to the people of the State the death of Ex -Governor Stephen Hempstead, who died on the 16th of February; and before the year closed the same service had to be repeated in mem-
GOVERNOR BUREN ROBINSON SHERMAN 317
ory of Ex -Governor Ralph P. Lowe, who breathed his last on the 22d of December. Both were men active, faithful and diligent in the service of the State, and died full of honors and rich in the esteem of their fellow -citizens. As they advanced in years they found the bitterness of partisan conflicts forgotten, and lived to know they were remembered only as honest men, citizens of patriotic spirit and true servants of the people. Hempstead and Lowe rendered valued service to the people at the period when the policies and framework of the State were being established, and their works must live long in grateful memory. In tribute to the memory of these early Governors, the Executive offices were closed and the national flag displayed at half- mast from the Capitol on the day of the respective funerals. May their memories live after them with the examples they have furnished.
TRUSTEESHIPS
I am convinced we have too many trustees attached to our public institutions. All the business devolving upon them can be as well done where there are three members as well as where there are five or six employed. Proof of this is found by examination of the several reports submitted at this session. I would except only the University and State Agricultural College, for both of which I think one of the regents or trustees should be elected from each congres- sional district. In all the other cases, I recommend that the number of trustees be reduced to three.
IN GENERAL
Various other subjects have presented themselves to me upon which comments might have been made, but the length
318 MESSAGES AND PROCLAMATIONS OF
of this message, already greater than I had anticipated, for- bids further trespass upon your time.
The people look to you for such legislation as will ad- vance the interests of the State, and conduce to the well being of all its citizens.
I have pointed out, in a plain and concise manner, wherein I think our condition can be improved upon, and now leave the whole matter in your hands for final action.
Whatever shall commend itself to you as advisable in the more perfect management of the State in all its departments and interests, and shall contribute in any degree to the moral and physical good of the people, will command my prompt and unqualified approval.1
BUREN R. SHERMAN.
1 For Appendix to message see Iowa Legislative Documents for 1884, Vol. I.
SECOND INAUGURAL
JANUABY 17, 1884
From Pamphlet Edition of Inaugural — in the Library of the State Historical Society of Iowa, Iowa City
Fellow Citizens:
The noblest ambition of man is citizenship. To have authority as a constituent part of the government, — to be consulted in respect to its administration, and allowed to dictate the general policies of the country, — while the highest of privileges is yet enwrapped with gravest responsibilities. No man is fit to be entrusted with such power except he studies to acquaint himself with the policies of the country, and thereby is schooled in that statesmanship necessary in a government where every citizen is a sovereign, and wherein the expressed will of the people is the law of the land.
Our fathers builded wisely and well, in that giving into the hands of the people the control of the public affairs,, they yet made provision for the perpetuity of free govern- ment in the development of the people in matters political as physical, through their equality and accountability — thus laying foundations deep and strong, against which the storms of a century have beaten in vain, and our cherished republic stands forth in bold relief, the most free and stable of any political system ever devised by man.
While our population has increased in marvelous degree, reaching one -tenth the inhabitants of the world, our prog-
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ress in matters educational and political has been no less marked, and we may well congratulate ourselves that no- where the sun shines does its rays illume a people who can vie with us these grand accomplishments. We are to-day the first in national acquirements, and our people the proud- est among the nations of earth.
To our eternal credit be it said, it matters not our station or condition in life, rich or poor, learned or unlearned, dis- tinguished or unknown, neither does place of birth disturb, nor shade of color regard — all these are swept away, and the people stand forth in their sovereignty, confessing obli- gations which can only be discharged through true faith and allegiance to that government, which existing by and of the people, is at once their voice and preservation. To this end, the securement of equal rights to every citizen, is government instituted among men; and it becomes us who are responsible in special degree for the present conduct thereof, to see to it that these great principles do not fail through our indifference or neglect.
The most powerful weapon in the hands of a free people, with which to protect themselves and secure that adminis- tration of public affairs nearest in consonance with their views, is the ballot, the independence of which must be maintained at all hazards, if we would preserve free govern- ment in all its pristine strength and purity.
Laws can not be too strict or far reaching in the direction of assisting to the honest expression of the will of the voter. The fact is indisputable that many a vote is polled which does not so evidence, because through ballots fraudulently prepared the citizen is imposed upon, and casts his vote for
GOVERNOR BUREN ROBINSON SHERMAN 321
persons who are not his choice, and who do not exemplify the real political bias of the voter. As tending in the direc- tion of thorough knowledge to all the people, I suggest whether or not the law should be amended, requiring the names of candidate to each office as the same have been designated by the different political parties, to be posted up in a conspicuous position at each place where the election is held; and further, when the canvass thereof is made, no ballot be counted upon which alteration is made, unless the same be plainly discernible in writing. With such amend- ment to the law, would it not end the practice of the profes- sional peddler, whose services are for sale to any purchaser, and whose only employment is to deceive the unsuspecting voter through so base prostitution of the ballot1?
On the general subject of the civil rights of the people, a few words will suffice. If it be true that the several acts of Congress respecting this all important matter, are not upheld by the Constitution, and that because State action in denial of the application of the principle to all its citizens is first necessary to authorize the National Government to affirma- tively interfere, then I am in favor of such legislation in our own State, as will secure these rights to every class of our citizens, and determine their status beyond all question of doubt. We have been justly proud of our achievements hitherto, our happy and progressive people, our rapid development in physical respects, and the future so promis- ingly flattering, all which has given us enviable reputation it now devolves upon us to maintain this high position by wise and wholesome administration. I have no doubt the public expectation will be realized.
322 MESSAGES AND PROCLAMATIONS OF
In the message just submitted, I have called attention to various matters which I think should engage the attention of our law-makers. It is not necessary that any further state- ment be made in respect thereto. Happily for us, but little legislation is necessary, and that in most part to correct some slight incongruities manifest in existing laws. The citizens of the State, with unusual and gratifying unanimity, are fav- orable to any system of internal improvements which will advantage the material interests of the State. The same is also true of them when national improvements are consid- ered; especially so in improvement the water ways of the nation. The General Assembly has several times expressed itself favorably to expenditure for such purpose, and no doubt remains to that opinion. Prominent among the objects sought is the permanent improvement of the Father of Waters, and its navigable tributaries, which naturally engages the favorable attention of our people; and connected therewith the construction of proper canals, with which to connect the river and the great lakes, an improvement which would inure to the advantage of the whole of the Northwest. I am earnestly favorable to these proposed improvements, and trust that Congress will not longer hesitate in appro- priations thereto. One of the most important of these is the project of the "Hennepin Canal" which if constructed, can not fail to be a valuable help in securing low through rates for our products. As I view the situation, every dollar saved in transportation adds to the value of our farms and manu- factures, and thus both directly and indirectly, to the wealth and progress of the State. I should hail with real enthusiasm any measure which will contribute to this end, so muck desired by every material interest of the State.
GOVERNOR BUREN ROBINSON SHERMAN 323
This policy of protection to home interests, like that of providing a safe and sound national currency, is one of gravest national importance. We cannot expect to thrive, if our entire attention be given to the productive or agricul- tural interests of the nation. The best market is that of the home, and to my mind, the diversified interests of the State are at once its profit and protection. Could we induce the establishing of large manufacturing interests among us, and therewith accomplish the home consumption of the surplus of our farms, we have reached a degree of independence which places us far in advance of those governments which make barter of their labor, and reduce it to servitude and competition of countries whose entire interest is subservient and wholly subordinate to the domination of a few industries. What we need is the upbuilding the entire business of the whole nation, the development of the American system of protection of ourselves, when brought in competition with the pauper labor of other lands, which, if allowed "free course" would inevitably result in the deterioration of our own personal as well as national interests. The late political contest in the several States partook largely of this nature, and the result is conclusive proof of the fealty of the people to the American doctrine, so called because its distinguishing feature is home intrenchment and the protection of home interests. Neither the influx of foreign gold nor the labors of hired agents can disturb the people in their enthusiastic devotion to the correct and distinguishing American policy which has prevailed for over half a century, and under which we have advanced to the front in National rank, and to fol- low which will yet further advance the material interests of the whole people.
324
During all these years we have progressed more rapidly and solidly than ever before, and I take it for granted the policy of the country is so well settled in this regard that no change can result, and following the well beaten and exper- ienced paths which have led to permanent prosperity, they will continue the highways of the nation, until both national independence is secured and the business interests of all the people solidly planted. It is not too much to say, the Nation is the pride of its every citizen and stands forth the promi- nence of the political world.
In assuming, for the second time, the office of Chief Magistrate of the State, I fully realize my grateful obliga- tions to the people of Iowa, through whose generous con- fidence I am here. I am aware the duties and grave respon- sibilities of this exalted position, and as well what is ex- pected of me therein. As in the past I have given my undivided time and serious attention thereto, so in the future 1 promise the most earnest devotion, and untiring effort, in the faithful performance of my official requirements. I have seen the State grow from infancy to mature manhood, and each year one of substantial betterment its previous position.
With more railroads than any other State, save two, — with a school interest, the grandest and strongest, which commands the support and confidence of all the people, and a population, which in its entirety, is superior to any other in the sisterhood, — it is not strange the pride which attaches to our people. When we remember that the results of our efforts in the direction of good government have been crowned with such magnificent success, and to-day we have a State in most perfect physical and financial condition, no
GOVERNOR BTJREN ROBINSON SHERMAN 325
wonder our hearts swell in honest pride, as we contemplate the past, and so confidently hope the future. What we may become, depends our own efforts, and to that future I look with earnest and abiding confidence.
Fellow citizens, the past has disappeared from view, the future only is ours. It remains to us that improvement be our solace and congratulations, and if that future be respon- sive as has been the past, then at its conclusion, we may have the satisfaction of feeling that
" We have not labored in vain,
Nor spent our strength for naught."
BUREN K. SHERMAN.
SECOND BIENNIAL MESSAGE
JANUARY 14, 1886 From the Iowa legislative Documents for 1886, Vol. V
Gentlemen of tlie Senate and House of Representatives :
The condition of the State in all its departments, viewed from whatever standpoint, is gratifying. Notwithstanding the fact that at the close of the last fiscal term, the total of outstanding warrants, less the cash on hand in the State treasury, reached the large sum of $618,372.19, it does not show the indebtedness, for from that amount must be deduc- ted the State funds held by the county treasurers at that date, viz: $176,522.77, leaving the real balance at $441,849.42. Two causes may be cited in full explanation thereof. First, the extraordinary appropriations of the last General Assem- bly were unusually large — exceeding any previous legisla- tion. These were for needed uses, in the enlargement and improvement of our public charitable institutions, already insufficient in capacity to satisfy the necessities of the State ; a fact universally conceded, and also for the early comple- tion of the capitol. And, secondly, the last year being the first under the semi-annual tax system, and the provisions of that act having been so generally taken advantage of by the people, the receipts to the treasury were thereby decreased — comprising but the first payment of the levy for 1884. I think it safe to say, that even with the increased appropria- tions, had the old tax method been available, the unredeemed
GOVERNOR BUREN ROBINSON SHERMAN 327
warrants would have been very small in volume. The deficit therefore is of temporary character, which will nearly disap- pear with the present year. The large expenditures made should not be the subject of unfavorable comment, for through them the State has made provision for the care of its unfortunates in a manner in keeping with the spirit of the civilization in which we live, and of which every citizen may well be proud. That the future will witness a reasonable maintenance of the high rank now held by the State in these respects, I do not doubt. For a detailed exhibit of the receipts and disbursements of the revenue, and the general condition of the business of the State, you are referred to the very able report of the
AUDITOR OF STATE
which will repay your careful examination. That office is justly regarded as one of the most important in our system, having in especial charge the finances of the State: and there- fore the views of the officer, especially if he be a man of ripe experience in legislative and executive State concern, are worthy of serious consideration. That the present report emanates from such a source will be conceded by even casual inspection, and I commend it to your study. The previous long service of Mr. Cattell in this office, during the most critical period of our history, admirably qualifies him to the faithful discharge of the duties of the position, and renders the report especially valuable. I concur, generally, in his views relative to our financial condition, and as a whole, endorse his recommendations. In respect to the valuation of the different kinds of property for taxation, various opin-
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ions obtain, but all agree that there is no equality, either as between individuals or communities, nor under existing laws, can it be expected. The equalizations provided for, how- ever honestly made, are neither just nor equitable, and the result is, taxation is not fairly equal, even as it effects real estate; but when attention is directed to personalty, the most glaring inequalities are manifest, example of which are men- tioned in the report. The Auditor suggests equalization of live stock as well as real estate, but I do not believe it can be successfully made, for the reason, that while it may be possible as between individuals, or townships of the same county, it must be conceded that the State board could not have that intelligent knowledge of all the counties of the State, necessary to proper equalization of such values. If the expenses of the State government could be so adjusted that each county might assess itself without regard to valu- ations in those adjoining, a happy result would be attained. This can be secured in the adoption of either the following methods, which would be quite as equitable as our present practice. First, by dividing the State expenses among the counties in proportion to the population, the rate per capita to be determined by the Executive Council, and certified to the counties, and the aggregate amount to become an abso- lute charge thereto. Second, by levying a tax directly upon the railroad property as assessed by the Executive Council, which rate should not exceed the average tax levies through- out the State for the preceding year, and requiring the same to be paid into the State treasury. By either plan the pres- ent mode of levying State tax would be wholly abandoned, and all discriminations and inequalities in attempted equal-
GOVERNOR BUREN ROBINSON SHERMAN 329
ization as between counties, which causes so much of dis- satisfaction, be forgotten, and each county be independent in management of its own affairs.
In connection with this general subject of the taxation of property, I ask your attention to the matter of exemptions therefrom. It is well known that leased Agricultural Col- lege lands are non-taxable, and in consequence large tracts, leased for a long term of years, and upon which valuable improvements have been made, escape contribution to the public treasury. I cannot see why this should continue, and suggest that some plan be adopted, whereby such in- vestments should pay their proportionate share of the gen- eral expense. Again, under the present law, as generally interpreted, all church property, of whatever nature, is ex- empt from tax payment — and in this matter I am satisfied great injustice is done. It is well enough to exempt church buildings actually used as such — but when it is sought to include the palatial residences of pastors, which are often the most valuable in the district, and yet impose all taxes upon the poor man's cabin, I think it is carrying the matter altogether too far.
The new law permitting the
SEMI -ANNUAL PAYMENT OF TAXES
has met with most gratifying success, and has already estab- lished itself in the confidence of the people. It is not only a convenience to the great majority of the taxpayers, but it is found to be beneficial in that it permits the circulation of large amounts of money which would otherwise be locked up in bank vaults, or other like depositories. Naturally
330 MESSAGES AND PROCLAMATIONS OF
enough, and as was expected, some annoyance has resulted to the revenues on account of this change in tax -payments; but all these will soon adjust themselves, and the friction of this first year of the system speedily disappear. Although less than one -sixth of the taxpayers take advantage of the permission to pay their whole taxes at date of the first in- stallment, I recommend that feature of the law be not dis- turbed. The small amount of tax sales made the past year being very much less than for a long period of years, is in- dubitable evidence that the new law has proven itself valu- able, and is popular with the people.
THE TREASURY
The monetary transactions of the State are fully shown in the clear and concise report of the Treasurer of State. The receipts for the term from all sources, inclusive of the bal- ances at the beginning, aggregate the sum of $2,905,867.94. The disbursements have been $2,599,967.04, leaving bal- ances for the new business of $305,900.90, which agrees with the accounts reported on the books of the Auditor. In- cluded in this balance was $147,151.94 belonging to general revenue, the most of which was held for redemption of $100,000.00 of interest bearing warrants which the Treas- urer had "called" for payment. The business exceeded that of the preceding term by nearly a half million dollars. I concur in the suggestion that the "coupon" fund be con- solidated with the general revenue, and that payment there- from be authorized for any coupons hereafter presented. I I see no necessity for longer continuing this as a separate account.
GOVERNOR BUREN ROBINSON SHERMAN 331 THE OFFICE OF AUDITOR OF STATE
At the election of 1884 Hon. J. L. Brown was re-elected to the office of Auditor of State. The general law required that a re-elected officer shall qualify anew by producing and fully accounting for all public funds or property in his con- trol under color of his office, and prohibits the approval of his official bond until he has made such accounting, which fact must be endorsed upon the bond before its approval. Mr. Brown refusing to make this accounting as was plainly his legal duty, his bond was not approved, and therefore he was not allowed to retain possession of the office. The office was temporarily filled by the appointment of Hon. Jonathan W. Cattell thereto, who duly qualified. At the general election of 1885 there was no person elected to said office, and I therefore again appointed Mr. Cattell Auditor of State, who was duly qualified in the manner required by the law, and will hold the same until the next general election.
INSURANCE
I earnestly renew the suggestion in my former message for the establishment of a separate bureau for the super- vision of the banks and insurance companies. Eecommen- dations of like character have been made by every incumbent of the Auditor's office for the last twelve years, and I think the time has now arrived when it should not longer be de- layed. The business has now become of such vast propor- tions that it will require the constant care of a competent superintendent, with a sufficient force of clerks to insure promptness in the dispatch of this important business. Let this officer be appointed by the Governor, with the approval
332 MESSAGES AND PROCLAMATIONS OF
\
of the Senate, but removable for cause at any time, with the consent of the executive council. This is the plan now gen- erally adopted in the several States, and has proven satis- factory. All banks incorporated under the laws of the State, and all firms or individuals advertising a banking business should be required to report, and be subject to ex- amination by this officer, in order to the protection of the public whose confidence they solicit. The law regulating the admission of foreign insurance companies should be so amended that every such company shall be required to in- corporate under the laws of this State, before licensed to do business herein. There is no good reason why privileges should be extended them which are denied to our own peo- ple. Therefore make them fully amenable to our laws, and triable in our own courts, the same as in the cases of home companies, and our own citizens. I think this is a matter of grave importance. The law authorizing examina- tion of companies clearly needs amendment so far as re- spects charges for such services, and I suggest that the itemized bill of expenses therefor shall not only receive en- dorsement of the officer in control as now provided, but shall also be submitted to the approval of the executive council, and when so approved, the companies shall be held to payment, or, on refusal, shall be suspended. I strongly urge early action in these regards. I think this too, a mat- ter of grave importance.
The business done by the State banks and private bank- ers aggregate many millions of dollars, thus affecting almost every citizen.
GOVERNOR BUREN ROBINSON SHERMAN 333
STATE TRUSTEES
I respectfully renew the suggestion made in a former message, that provision be made for a State Board of Trustees, who shall have advisory control of all our public institutions of a penal or charitable character. It is the only way by which uniformity in management can be se- cured. Such a board carefully selected from the best busi- ness talent in the State, would not only be of immediate advantage to the institutions themselves, but, without local prejudices, would be wise counsel to the General Assembly in advising the necessary appropriations. I am satisfied the expense of the Board would be as nothing compared to the benefits resulting to the State. By far the larger proportion of all our State taxes are used for the support and improve- ment of these institutions, and, while I would not be under- stood as finding fault with their present management, I yet believe it could be improved upon as above indicated. Let the members, three or five in number, be appointed by the Governor, subject to the approval of the Senate, and I am confident the result would be a substantial and econom- ical betterment over our present methods. It must be re- membered that expenses of this character will necessarily advance as the State grows older and increases in popula- tion, and I am thoroughly satisfied that such a board, reason- ably compensated so that its members could afford to devote their entire service to the State, would save to us very largely in the expenditures necessary for these purposes.
In connection with the subject, I again call attention to the necessity for the appointment of an officer who shall have general charge of the erection and repairs of public
334 MESSAGES AND PROCLAMATIONS OF
buildings. Every session of the Legislature witnesses large appropriations to those ends, which are committed to men, the majority of whom are not practical builders, and there- fore liable to be imposed upon, both as regards the price and the character of the work. I deem it a matter of highest importance that all such expenditures be under practical supervision. The capitol in which you are now assembled is an enduring monument to the sagacity and business ability of the commissioners, which has received the merited encom- iums of all, strangers and citizens, who have examined it. An experienced superintendent for general State purposes, would be invaluable. He should be a member of the Board of Trustees, and thus equipped, with a skilled superinten- dent and business associates, the Board would accomplish a great and needed work, and the State be sure to receive a real quid pro quo for all its expenditures. As regards the ordinary expenses of the several institutions, should the local board or the local authorities refuse the suggestions of the State trustees respecting the management thereof, then on appeal to the Governor, the whole subject can be submitted, and his decision be final. Should my suggestions as above be adopted, I see no necessity for continuing the present vis- iting committee to the hospitals, for the duties thereof would practically follow to the trustees above provided for. I very earnestly urge your favorable consideration hereof, believing the best interests of the State demand these betterments.
EDUCATIONAL
The report of the Superintendent of Public Instruction is a full presentation of the educational interests of the State,
GOVERNOR BUREN ROBINSON SHERMAN 335
and indeed a library of useful knowledge relating to this most important subject.
Every lowan feels an intense personal interest in our pub- lic schools, and a just pride in our school system, which has placed the State in the highest position in the educational pyramid — and to them this able and comprehensive report will be most welcome. From the long practical experience of the Superintendent in the work, both as teacher and supervisor, his views upon the various divisions of the gen- eral subject will be of great value, and I commend them to your consideration. In my message of two years ago, I called attention to the necessity of furnishing the people with text books at less cost, and argued in favor of the State becoming its own editor and publisher, and thus saving to the people at least half the present expense of school books. The proposition was a novel one, and being such a radical change from all our previous experience, the General Assem- bly was not ready for its adoption. That idea, however, has been the subject of discussion at almost every fire side — and I am glad to see that the Superintendent has devoted so much space in his valuable report to this question. His argument in favor of free school books to the children, to be furnished by taxation, the same as fuel is supplied, is an able presentation of the subject, and will engage universal atten- tion. I do not insist upon my own theories, although I am of opinion it was a practical solution of the matter, and would effectively and effectually protect the people from the oppressions of book publishers' combinations; the object sought is to lessen the expenses in this particular, and if the method so strongly advanced by the Superintendent is the
336 MESSAGES AND PROCLAMATIONS OF
better plan I hope it will be adopted. I also concur in the views of the Superintendent relative to extending the official term of sub -directors. This is an important office, and I know of no reason for difference in term between the sub- director of a township and an independent district. I trust you will make amendment to the law in this respect.
In order to an understanding of the work accomplished in respect to the much discussed transportation question, I refer you to the report of
THE RAILROAD COMMISSIONERS
and bespeak for it a careful, unprejudiced examination. It will be seen that various questions, involving almost every phase of the general subject have been submitted to the determination of this Commission, and each has received intelligent consideration. Many of these have been of vital importance, the natural result of a great and increasing bus- iness amounting to many millions of money and directly affecting the personal rights and privileges of every class and condition of the people. Yet the decisions have been characterized by legal and business soundness which have at once commanded respect and acquiescence. Although not originally favorable to the Commission, yet in view of the good accomplished in the way of the speedy settlement of disputes and the great saving of costs to disputants, I am forced to the conclusion that the Commission is grounded in wise statesmanship. It is a court, readily and inexpensively accessible to every citizen, and so long as conducted in cor- rect principle, merits the confidence of the people. There is no question, it is stronger in that confidence than ever
GOVERNOR BUREN ROBINSON SHERMAN 337
before, and notwithstanding some objections to its useful- ness, which for the most part are directly traceable to a few men who are disappointed aspirants for the Commissioner- ship, and have never had any business transactions with railroad companies beyond the purchase of a personal pas- sage ticket, I believe the people generally are favorable to this method of arbitration, which as has been seen, is prompt and comparatively costless. I note however, a disposition, which I am persuaded is really shared by but few, to change the manner of selection of Commissioners, and make the office elective. This would be unwise because of the reasons following, either of which, in my judgment, is a valid ob- jection. First, It would make the Commission completely partisan in character, which should be avoided. Second, There would be much greater danger of the elevation to these important positions of mere place hunters whose only qualifications rest in political cunning, than is now possible. It does not follow, merely because a man is loud in denunci- ation of corporations and all forms of capital, and vehe- ment in assertion that the people are not respected, and their rights trampled, that therefore he is a safe leader, or fit to be entrusted with grave official responsibilities — such clap -trap is often resorted to, and too often succeeds. But a stronger objection is found in the fact — Third, That such a change would inevitably result in driving the railroad question actively into the politics of the State, primarily in the selection of Commissioners, but ultimately through all the ramifications of State politics. I believe this proposition is fraught with serious evil in various ways, and I trust will not command your approval.
338 MESSAGES AND PROCLAMATIONS OF
PUBLIC CHARITIES
The general subject of public charities, and the best meth- ods for the State to discharge its obligations to its unfortu- nate classes, and also to aid the reformation of the viciously inclined, are matters which are attracting very earnest atten- tion throughout the country, and, I am glad to believe, with beneficial results. As has been observed, the number of these dependent ones is constantly increasing, and so rapidly as to be really alarming; thus rendering the consideration of these questions a necessity to the well being of the State. It is gratifying to know that able, public spirited men and women are devoting their time and means to an unselfish and practical investigation of the general subject, with a view to the better information of the people. Certainly there can be no nobler ambition than that which prompts man to the betterment of his fellows; and if in the discussions which I trust will follow these few suggestions, a more general inter- est be aroused, I am confident of good results. The last ses- sion of the National Conference was held in Washington in June, 1885, to which I commissioned several of our citizens as delegates, all of whom proved their zeal by personal attend- ance, although with no hope of pecuniary recompense.
For particular information relative to the work of the Conference, and the general subject of public charities, I submit herewith the interesting and instructive report of Jennie McCowen, A. M., M. D., of Davenport, who is the secretary for Iowa, and solicit your careful perusal.
In this connection I call attention to the report of the Iowa Prisoners' Aid Association, which is presented you.. The Twentieth General Assembly appropriated $2,000 in aid
GOVERNOR BUREN ROBINSON SHERMAN 339
of this society, an exhibit of the expenditure of which is appended hereto. The association generally and its officers especially, is made up of men and women who are earnest and zealous in this laudable work, and from my personal knowledge of the purposes thereof, and the good already accomplished, I believe it merits the encouragement of the State, and therefore do not hesitate to urge further appro- priations thereto.
With more than ordinary pleasure do I submit the report of the management and condition of the Orphans' Home, which is most gratifying. With an average monthly attend- ance of 247 children of both sexes, and varying from two to sixteen years of age, the average being nine and one half years, and of course liable to all the ills which usually afflict those of such tender years, the health report is a remarkable showing, for only two deaths have occurred in two years, one of which was from hereditary consumption, and the other from membraneous croup, with which the child was suffering when admitted to the Home. I cordially join with the health officer, Dr. W. F. Peck, in his warm tribute to the faithful efficiency of Superintendent and Mrs. Pierce ; for from my personal visitations there and careful scrutiny of the management of this institution, I am confident it has few
o »
equals and no superiors anywhere in the country. It is a real gratification to visit the Iowa Orphans' Home.
The improvements ordered by the last General Assembly have been made, and as I think, the funds judiciously ex- pended. Nothing has been attempted in order to "make a
340 MESSAGES AND PROCLAMATIONS OF
show," but on the contrary, the trustees have been actuated but for the one purpose, i. e., making everything connected with the Home of practical utility. An inventory of the buildings, new and old, is included in the report, thus giv- ing the reader a clear idea of the general situation. As was predicted, when the home was opened to orphans other than those of soldiers the number of admissions rapidly increased, and to such an extent that additional buildings must be pro- vided— and it is an expenditure which the entire State will cordially approve. If we can protect these little innocents, and lead them through virtuous and industrious paths to a noble womanhood, and to man's best estate, the result will richly compensate the effort. I have examined the situation relative to the improvements suggested, and cordially ap- prove them as of real necessity. They are not fancy ideas. In the aggregate these additions amount to $66,250, which can be divided and a part be payable next year. With these helps the usefulness of the Home will be greatly in- creased. In this connection I cannot forbear expressing the conviction that the law should prohibit the sending of chil- dren to any county poor house, or asylum. The only proper place for orphan children should be the Orphans' Home. There they can be comfortably cared for, taught habits of industry, protected from evil influences, acquire an educa- tion sufficient for the ordinary business of life and thus they in turn be conditioned to help on the beneficent work which has saved themselves. The Iowa Orphans' Home is indeed a treasure, and I know I but voice the real sentiment of the people when I commend its management, and bid it "God's speed in its noble work."
GOVERNOR BUREN ROBINSON SHERMAN 341
I am glad to be able to assure you that the penitentiaries of the State are in excellent condition, both in discipline and results, and also in the general health of the men. There never has been a time in the history of the State when so much could be said in commendation of the prison manage- ment, as during the past two years. The officers have been indefatigable. The prison at Fort Madison is the only one wherein the labor of the convicts is sold, and the returns are more than sufficient to pay the expenses in general support of the Prison, the average price per day being forty -seven cents. The contracts, however, do not include all the con- victs, having a daily average for the biennial period of but 290, while the daily average of convicts has been 392. The surplus embraces those employed in State work, and the sick and disabled. The average cost per convict for all the pri- son expenses, inclusive of salaries, but exclusive of per- manent improvements, has been forty -four cents per day, a showing which speaks volumes in praise of the economic administration of Warden Crosley and his able assistants. I must add, too, that the convicts are well fed and clothed, a matter to which I have paid particular attention on my official visitations, which have always been without previous notice to the prison authorities. The warden asks for but slight extra appropriations, in which I concur from a knowl- edge of the facts, and recommend the same. The report for that prison is brief and clear, but describes fully the situa- tion. During the term the Warden has paid the sum of $18,479.14 from savings from the general support fund, and surplus earnings, into the State Treasury, to which he has
342 MESSAGES AND PROCLAMATIONS OF
added $2,900 paid over since the date of his report, a total sum of $21,379.14.
The work in the construction of the
ADDITIONAL PENITENTIARY
at Anamosa has been prosecuted with vigor, and we now hope to see the early completion of this prison, which, when done, will be really a model prison. As is well known the work of construction has been almost wholly performed by convict labor, but it will favorably compare with that of any other of our public buildings, the capitol alone excepted. The Warden estimates that $75,000 more will be needed to complete the buildings, including those for the use of the insane convicts, and the female department, and also $9,500 for a tank -house and pump, and an iron fence as shown in the report. The duties of the Warden have now become so exacting in the general management of the prison, that I think he should have an assistant in the work of construc- tion, and I recommend that provision be made for the ap- pointment of a superintendent for that purpose. When the building designated for the insane is finished, I recommend that all the insane convicts now in the State Hospital be transferred thereto. The female convicts are all at this pri- son, those previously at Ft. Madison having been sent hither by my order. The total number in confinement at both prisons, at the close of the term, June 30, 1885, was 667, an increase of sixty in two years. The whole number on December 31, 1885, was divided as follows, viz. , Ft. Madison, 406; Anamosa, 300; total, 706.
GOVERNOR BUREN ROBINSON SHERMAN 343 PARDONS
In a separate document, I beg leave to report the several cases wherein the pardoning power has been exercised dur- ing the last two years. It will be observed, that with very few exceptions, the period of imprisonment has been but slightly reduced, and that in every instance the pardon has been conditioned upon future good behavior. I have found this practice has had most salutary effect. The fear of pos- sible return to the cell as a certain consequence to bad con- duct, is a powerful incentive to correct deportment, and I am pleased to record the fact, that in but a single instance have I heard of a falling among those released during the past two years — and in that case, the offense was committed without the State, and the offender has kept himself beyond the reach of my warrant for his re -imprisonment. Of the whole number of pardons granted, ninety -seven were from the penitentiaries, fourteen from county jails and city lock- ups, and two from the industrial schools, and five were suspensions of sentence. In the examination of these cases I have consulted freely with the trial judges and district attorneys, who have promptly and cheerfully answered my enquiries, and in almost every case, they have joined in recommending clemency. I have also sought other reliable evidence, and been as patient and thorough in the investiga- tion as possible — and looking back over the entire list, I do not recall a case, which upon the facts as certified to me, was not properly decided. The number of applications was very great, involving much labor in their examination, in order that justice be done. My regret is that in two of the cases, where the parties died before the pardon actually
344
reached them, I did not act more promptly and save them from death in a felon's cell — but I was not aware of their very dangerous condition.
The cases of the following named persons convicted of murder in the first degree, but who petition for pardon, are submitted for your examination, viz. : Annie Taylor, Clin- ton county; William Slowery, Clinton county; Fountain W. George, Polk county.
The proper notices thereof have been duly published as required by the law, and the papers may be found on file in the Executive Office.
THE TEMPERANCE QUESTION
Notwithstanding the adverse opinions and unfriendly criti- cisms indulged in by its opponents, there is no doubt the
PROHIBITORY LIQUOR LAW
has been reasonably successful. That the principle of the law is still dominant with the people must be conceded, for while not in direct issue at the late election, it was attempted to be made so by the saloon interest, and by delusive argu- ment and false statement sought to be brought into con- tempt; but the scheme failed, and the people remained firm in the determination that Prohibition must continue the order of the State. I am aware the law is violated in very many of our cities, but this argues nothing for its repeal — the same may be said as regards the law against burglary, and other graver crimes, yet none desire their modification. Whatever failure has attended it, is largely due to the apathy of its original champions, who, while stentorious in demand for its enactment, have been noticeably quiet in
GOVERNOR BUREN ROBINSON SHERMAN 345
aiding its enforcement. They have said: "It is now the law, and let the public officers see to it;" many of the self elected legal luminaries refusing to prosecute for violations, for fear they might lose a client, or unless a generous fee was paid or secured. Penal statutes are never self enforc- ing, but must depend upon individual effort, as well as a quickened and approving -public conscience. It will not do to say that the procurers of a law have sole responsibility for its success, although they should be active in this re- spect. Whatever the law, it belongs to all alike. Singu- larly enough, the law for the suppression of the liquor traffic has had to contend not only against the vigorous onslaught of its enemies, but as well the apologies of its hypocritical friends, whose cowardly acts have really been more deadly in character. And yet, struggling with all these elements, the law has sustained itself. I am persuaded there is less of liquor drinking in Iowa than previously— less of suffer- ing resultant from the traffic — less of crime, which outgrows its sale and use, and therefore more of public and private good — all this should stimulate its better enforcement. After quite thorough and patient investigation, I am satis- fied the law is very generally observed throughout the State, and has more of intelligent public endorsement than when enacted two years ago. It must be continued therefore, and as far as reasonably possible, made more rigorous.
I call your particular attention to the " boot -leg" vend- ing indulged in in some localities, which is the meanest of practices. There can be no possible defense to this kind of selling, and I trust its punishment will be severe, as its cowardice and villainy deserves. The suggestion has been
346 MESSAGES AND PROCLAMATIONS OF
variously made, that in order to more certainly enforce the law. the police authorities of city and county should have appointment direct from the Governor, instead of as now provided. A proper reflection will satisfy you of the im- practicability of such proposition. A better plan would be to make it the special duty of all peace officers to file infor- mations whenever they had reasonable cause to believe the law was being violated; and to further provide that all fines when collected shall be divided equally between the informer and the school fund, and that a reasonable fee for the benefit of the prosecuting attorney, be taxed as a part of the costs. I also recommend amendment to the law permitting sales of liquors for mechanical, medicinal, culinary and sacramental purposes, so that the purchaser must sign a written appli- cation, stating particularly the purpose for which he needs the same, and if for illness, the disability from which he is suffering; which application shall be filed by the druggist, and be subject to examination by any magistrate, the county attorney and grand jury, and that a false statement shall be punishable as for a forgery. The law should farther pro- vide that any peace officer failing in his duties herein, may be presented therefor to the district court, by information by the county attorney, and on conviction it should operate as a removal from office, With these additional remedies and penalties, new vigor would be given the law, which would have beneficial result.
THE JUDICIARY
I have received very many suggestions relative to increas- ing the efficiency of our judiciary, and in decreasing the expenses to litigants and people, and also ensuring the more
GOVERNOR BUREN ROBINSON SHERMAN 347
prompt administration of the law. This subject has en- grossed much of public attention during the past few years, and certainly merits grave consideration. The administra- tion of the law in punishment of offenders, and the settle- ment of civil causes, should be made as prompt and inex- pensive as possible. To this end, I have favored a consti- tutional convention, in order that this important matter might be more thoroughly discussed, and from every stand- point, and believe it the wise method; for aside from the judicial embarrassments, various other subjects of great im- portance, need public consideration. In the absence of such provision, I suggest the following, by way of improvement our present system: That the circuit courts be abolished, and the number of district courts increased, either by crea- tion of new districts, or the addition of a sufficient number of judges, that the business thereof may be disposed of with- out delay. To amend the law, and make the trial jury con- sist of six persons instead of twelve, and that the jury list for each term comprise twelve jurors, instead of as now required. The present law permits the defendant in crim- inal causes to have twice the number of peremptory chal- lenges to the jury than is allowed the State. I don't believe this is in furtherance of justice and recommend it be made the same to each party. I am decidedly of opinion, that when a manifestly incompetent or improper man is sum- moned on the jury the court should have power to excuse him, on its own motion. This authority should be extended to grand, as well as petit jurors. As I understand the law, the State must also furnish the defendant a list of the wit- nesses for the prosecution, together with an abstract of the
348 MESSAGES AND PROCLAMATIONS OF
evidence to be introduced. No such requirement is made as to the defendant, and it seems to me that the State is placed at great disadvantage thereby. I cannot see why this should be continued.
A county court should be established, which should have jurisdiction in all civil cases when the amount involved does not exceed five hundred dollars, and exclusive jurisdiction in all probate matters.
It should have cognizance also of all alleged misdemean- ors, and all appeals, civil and criminal, from justice courts. There should be four terms of this court each year, two of which should be attended by a petit jury. The probate business of the State is very large and important, and in the nature of things needs prompt attention. The above well provides for its despatch.
It will be necessary also, for you to define the duties and fix the responsibilities of the new county attorney. Aside from his duties before the grand jury, and in prosecuting indictments found, he should have general control of all criminal actions in the county. I believe he should also be empowered to commence prosecutions for misdemeanors, by information officially filed with the clerk, who should im- mediately issue a warrant thereon. This would save the expense of a preliminary examination before a magistrate. Whether or not private individuals should be authorized to begin prosecutions for violations of the law, without written authority from the county attorney, unless a bond be given for the preliminary costs, I submit for your decision. Un- doubtedly a large proportion of criminal actions are com- menced for revenge, and personal malice, with no thought
GOVERNOR BUREN ROBINSON SHERMAN 349
for public good. If such a provision as above was required it would certainly reduce the criminal expenses of the county, and if the county attorney was a proper officer, would make more certain, rather than hinder, the punish- ment of offenders. The proper compensation of county attorneys is also a matter of importance. I incline to the opinion, that a reasonable salary should be fixed, and that in addition, he should be allowed a per centum of all fines and forfeitures actually collected, the minimum of salary to be fixed by law, proportionate to the population of the county, and the per centum of fines determined by the board of supervisors.
I believe, if some such amendments were made to our code, it would result in large saving to the people, both as tax -payers and litigants.
THE INSANE
The last two years have witnessed a marked betterment of the public situation, relative to the care of the insane, both as regards the capacity of the hospitals, and the facili- ties for their proper care — and I am glad in the fact that the per centage of recoveries is increasing in proportion as these facilities are extended. It thus appears therefore that the humane efforts in their behalf have been crowned with suc- ces which is cause for general congratulation. Although the capacity of the hospitals is not yet sufficient, the number of insane, resident in the State, not having the advantage of proper hospital care being variously estimated from 1,500 to 1,800, we are making progress in that direction and I trust the day is not far distant when all this most unfortu-
350 MESSAGES AND PROCLAMATIONS OF
nate class of our fellow beings can have the treatment which common justice requires. With the increase of population follows additions to the number of insane, and correspond- ingly the duty of the State in their behalf — and it is a duty from which we cannot shrink. The report of the trustees and the Superintendent of
THE MT. PLEASANT HOSPITAL
is a very full statement of the condition at that hospital, which I can fully endorse from the standpoint of personal knowledge. The trustees give personal attention to their duties, and the Superintendent, Dr. H. A. Gilman, a most accomplished gentleman, and a physician of large experi- ence in the care of the insane, have worked together in suc- cessful management of this institution, until it ranks the highest. The administration has been one of complete success.
The appropriation for an additional wing for the accom- modation of male patients has been expended, and the old wards relieved their crowded condition, which has already resulted to permanent benefit of the patients. The number assigned to each ward is less than before, and as a conse- quence the proportion of real cures has advanced. The male patients are in better condition, physical and mental, than ever before, and the chances of recovery have largely increased. This wing is much better constructed than the original buildings — a fact fully attesting the vigilant care of the Superintendent, Dr. Gilman, under whose immediate supervision the work was done. Special attention has been given to secure proper ventilation, ,and as well security
GOVERNOR BUREN ROBINSON SHERMAN 351
against fire, and altogether the work is very complete. I am very much pleased with the results. In the construc- tion, Dr. Gilman has utilized quite largely the better class of the male patients, which has contributed to lessen the cost of the work, which may be truly said to have been one of exceptional economy, and for which he deserves special thanks. He has proven himself of rare executive ability.
The trustees now desire that a corresponding improve- ment be made for the female patients. It is a fact that these wards are crowded to greatest capacity, and the neces- sity for enlargement is pressing. I have looked into this matter very carefully, and do not hesitate to recommend the appropriation for this purpose; it is absolutely needed. With that addition, the original design will have been fully completed and the Hospital at Mt. Pleasant properly equipped.
The same is substantially true of
THE INDEPENDENCE HOSPITAL
which has been doing a noble work. The number of insane under treatment has increased during the biennial period from 580 to 694, and as a consequence the Hospital is now crowded. The trustees recommend appropriations in the sum of $53,200 for the various purposes set out in their re- port, in the most of which I cordially concur, as being really necessary to the Hospital, and should be furnished them. I concur also in the suggestions of the trustees of both hospitals, that the expenses of the visiting committee should not be charged to the Hospital fund, but payable from the State treasury. The State is fortunate indeed in
352 MESSAGES AND PROCLAMATIONS OF
the management of its hospitals, which challenge the admir- ation of all who are acquainted therewith. As will be seen by careful examination of the reports, the mortality has been remarkably low, and the general health of the patients been excellent, while the recoveries have been proportionately greater than ever before. I invite your special attention to both reports, and commend them for their clear and com- prehensive showing. No one can help being convinced the necessities which compass these institutions, and I trust the amounts asked will be promptly granted them.
THE STATE UNIVERSITY
The people of the State have always evinced a consider- able degree of interest in the success of the State University, which of late years has amounted to quite an enthusiasm. This is but the natural result of better acquaintance with the work of the institution, which to say the least, is a matter of pride to those who have been responsible for its manage- ment. There is no mistake the Iowa State University has attained exalted rank among the higher educational insti- tutions of the country, and may be safely compared to that in any other of the States. The University in all its departments, literary, scientific, law, and medical, has been a powerful agency in the direction of general public educa- tion, by direct influence of its numerous graduates, who are settled in all parts of the State, and therefore merits a con- tinuance of the public confidence. In order to yet further enlargement of its usefulness, the regents desire increase of its endowment fund, so that in the near future no special appropriations need be necessary for its support: and at a
GOVERNOR BUREN ROBINSON SHERMAN 353
late meeting the board determined to recommend the levy of a special tax, not exceeding one -eighth of a mill annually, until such time as the fund thus created would yield an income sufficient for the purpose of the University.
I am of opinion that if the State intends to maintain such an institution at all, it should be done in a manner creditable to the dignity of the State, and inasmuch as the sum asked is indeed moderate, I favor its allowance. The regents also desire an appropriation of $22,000 to pay off present defi- ciencies, and $20,000 to meet the current expenses for the fiscal year, and also $25,000 with which to build a clinical amphitheater and for the equipment of the dental depart- ment— a total of $67,000. With these sums the regents believe it will not be necessary to again solicit special appro- priations, but that with the future permanent revenues the University will be able to support itself and accomplish its expected work.
THE BENEDICT HOME
The Twentieth General Assembly appropriated five thou- sand dollars for the enlargement and support of a Reform- atory for fallen women, which had been established at the capital through the efforts of the Christian women of the State. The money has been expended under the general approval of the Executive Council, and I think wisely, in furtherance of the objects of the Home, which are fully set
out in the report of the trustees, which I now submit. I *
have also been at some pains to learn the facts relative to this institution, with a view to your information; and I take pleasure in expressing the conviction that it is accomplishing
354 MESSAGES AND PROCLAMATIONS OF
a grand and necessary work in the reformation of those who are more "sinned against than sinning, " which deserves the encouragement of the State. The results so far have cer- tainly been gratifying. The ladies who are responsible for the management of this Home are well known as among the noblest in the State, who are devoting themselves to its maintenance, and that, too, without pecuniary reward. I commend their desires to your favorable consideration, and recommend the small sum asked for improvements, together with an annual appropriation of five thousand dollars be granted them. The State can well afford such donation.
THE COLLEGE FOR THE BLIND
An examination of the reports relating to the College for the Blind shows a marked improvement in its condition „ One hundred and ninety -seven pupils have been enrolled during the biennial period — an increase of fifty -six over the previous term — of which one hundred and fifty-one remained at the close of the term, June 10, 1885. The personnel of the pupils is constantly changing, for at graduation in either of the departments, they permanently retire from the Insti- tution. There were eight graduates for the term, and their scholarship was superior. It is a matter of continuing sur- prise to me, that out of the many hundreds blind people in the State so few seek the advantages offered at this College. The admissions for the two years were seventy -three, of which number fifty-seven were under the age of twenty years. The new pupils for the previous period were but fifty. The health of the pupils has been excellent. None have died, and no cases of serious illness have been reported. The
GOVERNOR BUREN ROBINSON SHERMAN 355
trustees and faculty are encouraged, therefore, to still further enlargement of the work of the College; for, with better attendance, which could easily be secured, and to which vig- orous effort ought to be made throughout the State, espe- cially for those under the age of twenty years, its usefulness would be more apparent. I commend to your careful study the interesting report of Superintendent McCune, which de- tails the purposes and work of the College. No like insti- tution in the United States makes a more satisfactory exhibit, and this College merits, as it has ever received, the warm encouragement of the people of the State.
The trustees direct your attention to some needed repairs and improvements, and after a personal investigation into the condition of things there, I earnestly indorse their state- ment. There can be no doubt the wooden stairways should all be removed and iron ones substituted. This should be done in all public institutions, especially where, as in this College, the inmates are blind, and thus denied the principal assistance necessary in case of accident. The methods of escape should be made as indestructible as possible.
I have also noticed that the only means of lighting the building is by common kerosene lamps, which are not only clumsy but extremely dangerous. Everything of this char- acter should be removed from such an institution and the whole made as absolutely safe as possible. With few excep- tions, all the occupants of this Collge are blind people, and therefore the necessity of greater care in all their surround- ings. Should an accident occur, by fire or otherwise, whereby lives were lost, the State could hardly excuse itself for its neglect in these important particulars. I earnestly recom-
356 MESSAGES AND PROCLAMATIONS OF
mend the appropriations asked by the trustees in the needed repairs mentioned, but also for furnishing electric lights throughout the building. To recapitulate, viz.:
Repairs to roof and floors $ 18,200
For two additional cisterns 600
For boiler and fixtures 1,800
For general repairs 3, 000
For beds and bedding 2,000
For library 1,000
The work being accomplished at
THE INSTITUTION FOR THE DEAF AND DUMB
merits commendation. The pupils are making rapid prog- ress in their studies, which is the best evidence of the devo- tion and labor of their teachers, and altogether, both to pupils and teachers, great praise is due for the zeal mani- fested. The purposes for which the institution was founded have been fully observed on the part of the trustees, who, by constant and particular care, have succeeded in making the Iowa School one of the best in the Union. The general health of the pupils has been excellent, and at the date of my last inspection, a few weeks ago, there was not a case of serious illness, out of a total attendance of two hundred and sixty — a fact which speaks loudly the care being exercised by the officers in charge.
The special appropriations made by the Twentieth Gen- eral Assembly have been expended for their specific pur- poses, as shown in the report of the trustees. The new buildings are well adapted to the uses intended, and through
GOVERNOR BUREN ROBINSON SHERMAN 357
them the comforts and possibilities of the school vastly in- creased.
The appropriations now asked at your hands are all needed, and should be made cheerfully; especially do I urge the appropriations for a new kitchen and additional shop room. The present kitchen is in the basement of the prin- cipal building, in which also are the offices and reception rooms and all the sleeping apartments. It is impossible to shut out from the main and upper stories the kitchen odors, which are often quite offensive, and, therefore, for sanitary and prudential reasons there is necessity for immediate re- moval.
I also mention an appropriation for new heating boilers, which I think are of urgent necessity. The main building is entirely dependent upon two small boilers for the heat furnished it, which taxes their utmost capacity. Should any accident happen either, it would be impossible to sufficiently warm the building. I think there should be two other boilers furnished for reserve purposes. The expense for suitable ones, all ready for use, will not exceed two thou- sand dollars, and I earnestly recommend it.
THE FEEBLE-MINDED INSTITUTION
I am much pleased with the report of the trustees and superintendent of this institution. Necessity exists for fur- ther appropriations, which are set out in detail in these re- ports, and from a personal examination of the situation I am of opinion should be granted. This is one of the cares of the State, which is destined to grow in interest and impor- tance, and appeals strongly to our sense of duty. It relates
358 MESSAGES AND PROCLAMATIONS OF
to a class of people who need the most earnest sympathy of the public, and while our efforts in their behalf should not be extravagant, let it never be said we withheld that which is necessary to their comfort. The work being accomplished in the way of the mental improvement of the inmates is patent to every observer, and is very gratifying. The dis- cipline at the institution is all that could be expected, and the reasonable rules enforced for its government reflect credit to all concerned. The superintendent and his corps of assistants are enthusiastically devoted to their work, and I strongly commend them their pains-taking labors. At the date of the report, July 1st last, there were applications on file for admission of new pupils to the number of one- hundred and forty-five, which could not be granted because of want of room. The subsequent applications received are thirty- four, making an aggregate of one hundred and sev- enty-nine which must await the completion of the buildings now in process of construction. When these are done, and they are of immediate need, the capacity of the institution will be greatly increased, and it will enter upon a career of usefulness alike creditable to the State and its efficient man- agement. I regard it as one of the best conducted of our public institutions.
THE INDUSTRIAL SCHOOLS
As was expected would follow the enlargement of the industrial schools, there has been an increased attendance of children — the whole number in both departments being three hundred and ninety at the date of the report, June 30, 1885, an increase of sixty-six during the term. The report of the
GOVERNOR BUREN ROBINSON SHERMAN 359
trustees shows the improvements which have been made, all of which, so far as I have been able to judge, are of sub- stantial and creditable character. The discipline has been maintained, and that without resort to extreme measures, the general health has been excellent, and altogether, these schools are in prime condition. Some additional funds are needed to further the general purposes for which the schools are established, which are fully set out in the report, which I trust will receive your careful attention. I am persuaded these schools are really accomplishing a good work in the reformation of those committed thereto; and while there are some exceptions which may end in permanent failure, yet on the whole, judging from results already known, the in- vestment is a paying one, and deserves the fostering care of the State. If even a bare majority are reclaimed to virtuous and industrious lives we should be encouraged to persevere in the work.
While the system of moderate manual labor pursued at these schools, especially that on the farm connected with the boys' department at Eldora, is a valuable adjunct to proper discipline and physical betterment, I am decidedly of the opinion that the chief attention should be given to proper mental development, so that when discharge occurs, those going out may be able to secure ready and remuner- ative employment, and not liable through ignorance and discouragement of being easily led astray; and I am glad to believe the officers and trustees attach high importance to this subject. The children should be taught equally with others who have the advantages of our free public schools. It tends to their protection in the future, and altogether promises best returns for the labor bestowed.
360 MESSAGES AND PROCLAMATIONS OF
THE NEW HOSPITAL FOR THE INSANE
at Clarinda is progressing as rapidly as the most anxious could wish, and already a considerable portion is under roof. The site is as beautiful as can be found in the State; and being susceptible of perfect drainage, and having abundant water supply at little cost, and the whole tract of five hun- dred and thirteen acres being of richest quality of soil, it makes up one of the choicest spots imaginable. The build- ings themselves are of approved modern designs, being the cottage system as ordered by the General Assembly, and in their solidity and taste evidence the care and skill both of architect and commissioners. In order to the early use of a portion of the hospital, I earnestly recommend the appro- priations suggested in the report of the commissioners, and especially that for the erection of the kitchens and laundry, which are indispensable.
The Commission consists of Messrs. George B. Van Saun, of Black Hawk county; E. J. Hartshorn, of Palo Alto county, and J. D. M. Hamilton, of Lee county, appointed from among the best and experienced men in the State, who are in my judgment doing a work which will bear most critical inspection. I respectfully ask your examination of their report, which fully exhibits the plans and progress made.
I submit, with great satisfaction, the report of the
VISITING COMMITTEE TO THE INSANE HOSPITALS
It is a fine tribute to the good and humane management of our Hospitals, which will be appreciated by the people of the State. The committee is made up of Dr. S. B. Olney
GOVERNOR BUREN ROBINSON SHERMAN 361
of Fort Dodge, Mrs. L. S. Kincaid of Muscatine, and L. C. Mechem, Esq. , of Centerville, who have been diligent in the discharge of their responsible duties. I commend their views to your serious consideration.
That the number of insane is constantly and rapidly in- creasing, is a fact which needs no special proofs to your conviction. The State has a solemn duty in this regard, not merely to the protection of the public, but as well to the amelioration of the condition of those thus afflicted, and any reasonable expenditure necessary to these ends will re- ceive the cordial approval of the people. Whether or not the time has yet come for the establishment of an additional hospital in the northwestern part of the State is a question for the General Assembly to decide. For myself, I incline to the opinion that an early completion of the Clarinda Hospital will suffice for several years yet to come.
The suggestion of the committee, that a fund should be placed at disposal of hospital authorities, for the special purpose of returning to their own States the non- resident patients who are sometimes purposely shipped here, meets my earnest approval.
The first report of the
BUREAU OF LABOR STATISTICS
is submitted to your consideration, and will repay critical examination. That it is complete in its every detail will be apparent to the most casual observer. The Bureau was largely an experiment, having been established by your immediate predecessors, but in its brief existence has proven its value to the people and established itself as quite a neces-
362 MESSAGES AND PROCLAMATIONS OF
sity to the government, in order to a clearer understanding of the public situation and needs. There has been a very general demand for the report, which is as complimentary to the Bureau, as evincing the desire of the people for better information touching the labor question. That the value of such knowledge is widely appreciated, is found in the fact that Congress has established such a Bureau for the Federal Government, and fourteen of the States, besides our own, already have them in successful operation. At the late Na- tional Convention there was a full attendance of the commis- sioners, and the proceedings were of the most interesting character. The discussions took a wide range, and the papers submitted, devoid of cheap clap-trap, evidence a degree of care in preparation which will have beneficial influ- ence throughout the country. We need to make better pro- vision for the necessary expense of this Bureau if we would not cripple its usefulness. The last General Assembly ap- propriated no definite sum beyond the salary of the commis- sioner, and necessarily investigations have been curtailed, and the results so far only what he has been able to accom- plish by individual effort. An allowance should be made for clerical help, the same as with other officers, and for other necessary expenditures incident to the work. With such assistance, and with such a vast field for research opened before him, the permanent value of this department will be thoroughly demonstrated.
THE COAL MINES
The mining interest, which engages so many thousands of our people, and which has become of vast importance,
GOVERNOR BUREN ROBINSON SHERMAN 363
merits the considerate attention of the law making power, to the end that whatever is necessary to insure safety to the operatives shall not be overlooked. The number of mines is largely more than at any previous time, while the em- ployes have increased in even greater ratio — and compris- ing those of both sexes, minors as well as adults, very properly engrosses much of public concern. The peculiar nature of the business — the danger to life, and limb, and health, which constantly envelopes those engaged, compels most careful study to its proper understanding; and any facts relative to the general subject are eagerly sought. I am glad to refer you to the report of the State Inspector, which contains detailed information relative to the magnitude of this interest, which will be appreciated. It has now become of such proportions that no single individual can give it that thorough supervision its importance demands, and therefore, after full investigation the general situation, I am convinced that additional inspectors must be appointed. I recommend the State be divided into three inspection districts, with an independent inspector resident in each district who shall be appointed by the Governor subject to the confirmation of the Senate — and each of whom shall biennially report to him. I also recommend, that each inspector shall be re- quired to quarterly personally inspect every mine in his dis- trict, and oftener if ordered by the Governor; and whenever his suggestions as to ventilations and escapes are not observed, then on appeal to the Governor, the Attorney General shall be directed to compel compliance. Each inspector should also be required to report monthly to the Commissioner of Labor Statistics, any casualties which occur
364 MESSAGES AND PROCLAMATIONS OF
in his district, which shall be made the subject of prompt investigation by the Commissioner, who shall report his findings to the governor. The law should further require the removal of the inspector, in case he is careless in his duty. I know no other way to secure protection to those employed in these numerous mines, and earnestly urge your prompt action in the matter.
The dissertation on the subject of labor, contained in the report, while undoubtedly an able presentation of the sub- ject, given as it was by Hon. Stephen B. Elkins in an address to the graduating class of the Missouri State University, is hardly proper material in this report. Every person has his own ideas of such questions, and may inflict them upon the public whenever he has opportunity — but to attempt now to commit the State to any special theory, ought not and can not succeed. The better course is the least official interfer- ence, leaving this and kindred questions to arbitrament between employes and employers.
The third biennial report of
THE COMMISSIONERS OF PHARMACY,
now submitted, possesses special interest, because certain decisions of the Supreme Court, construing the law, are set out in full, and with the opinions of the Attorney General and the Commissioners themselves, will engage your serious attention. Whether or not the law needs amendment in order to the better protection of the people will be for you to determine. Good has already been accomplished, in that specially educated persons are compounding our medi- cines, and we are safer the danger of fatal mistakes, which,
GOVERNOR BUREN ROBINSON SHERMAN 365
despite utmost care, will sometimes occur. The Commission is made up of men who are brave enough to enforce the law, however rigid it may be, and we all agree too much care is impossible. Especially do I call your attention to the facts stated by the Commissioners in the report relative to the procuring of liquor "permits." These opinions are shared by the entire profession in the State, and largely also by others who have studied the subject, and as such are entitled to careful consideration at your hands.
THE FISH COMMISSION
The report of the Fish Commissioner and his assistant have also been presented you. The appropriation for the last biennial appropriation term, exclusive of salaries, was five thousand six hundred dollars. Of this there had been expended up to December 30, 1885, the sum of $4,608.60, leaving $991.40 yet to be drawn upon or before the expira- tion of the appropriation year, viz., April 1, 1886.
The expenses for the fiscal term, June 30, 1883, to June 30, 1885, as shown by the reports, were $4,944.26, which is additional to the salaries of the Commissioners of $2,400, and the Assistant Commissioner of $1,200, and the rental paid for the Spirit Lake hatchery of $600, thus making a grand total of $9,144.26.
O *
I cannot recommend the continuance of this appropri- ation. I do not believe the beneficial effects are appreciable to the State, and whilst I do not doubt the present Com- missioners have done the best they could in the perform- ance of their duties, and as well as possible by any officers, I am yet of opinion the whole matter is valueless to the
366 MESSAGES AND PROCLAMATIONS OF
State at large, and the expense should not longer be endured.
THE NATIONAL GUARD
I am glad to be able to assure you that the hopes gener- ally entertained for the improvement and permanence of our national guard have been fully justified, and the guard is now in better condition both as to proficiency in drill and morale, than ever before. The companies are made up from among the very best young men in the State, and having a just pride in the organization, and an enthusiasm which has carried it through to its present success, it is not strange the guard has firmly established itself in public confidence. I congratulate the entire command, officers and men alike, upon their courage and efficiency, which have won the good name universally conceded them, and trust that higher hon- ors, the certain resultant their unselfish labors are yet await- ing them.
The report of Adjutant -General Alexander makes full exhibit of the details of the organization, and merits your careful examination. Especially do I ask an increase of allowance for armory rents, which should be doubled at least. The State ought to pay all necessary expenses of the guard, so long as the members devote most of their time without compensation, and must also advance money from their private funds for its legitimate purposes. Knowing so well the devotion and unelfishness of officers and men, I can- not too strongly urge the claims of the Iowa National Guard upon your favorable consideration.
GOVERNOR BUREN ROBINSON SHERMAN 367 The report of the
STATE BOARD OF HEALTH
being the third of the series, presents a mass of information relative to the sanitary condition of the State, which will be found highly interesting. The cost of maintaining the Board is trifling, whilst the advantages to the State are beyond computation. It is recognized authority in all health mat- ters, and justly so, because of the high professional standing of its members, but is yet unable to that usefulness which naturally belongs to it, because of inability to enforce its rul- ings. In order to its better service to the State, I recom- mend, in cases where its suggestions are refused by local boards, or defied by individuals, that on presentation of the facts by the Board, it shall be the duty of the county attor- ney of the proper county to institute legal proceedings to compel obedience to the Board req uirements. Violations of the rules of the State Board should be made a misdemeanor. The Board makes several recommendations relative to changes in the law which are worthy your careful attention. The Board has done a good work and merits general commen- dation.
The report of the
STATE LAND OFFICE
exhibits the operations of that bureau during the biennial period, and 'gives descriptions of all the lands for which pat- ents have been issued. Various questions have been pre- sented relative to the several grants from the general govern- ment, requiring decision by the State authorities. These are expressed in the report, and in so far as the concurrence
368 MESSAGES AND PROCLAMATIONS OF
of the General Assembly is necessary, the same is respect- fully asked.
The report shows that 64,647.88 acres of the original school land grants are yet unsold, and that 158,645.94 acres are not yet patented — thus nearly 100,000 acres sold but not patented. I am persuaded that in a majority of these cases, the contracts have been paid out, but through the negligence of the purchasers the certificates of final payment have not been forwarded. In cases where the contract has been past due for the space of five years, and interest unpaid, there should be prompt foreclosure.
With reference to the unsold lands, I am in favor, as a general proposition, of immediate sale, in order to the con- version of the assets into interest -bearing securities. Noth- ing is to be gained by holding these lands for better prices — we are the loser through deficit of interest accumulations.
The affairs of the office are in most competent hands, Hon. John M. Davis having been in charge as Deputy Reg- ister and chief clerk for the last twenty years, and its busi- ness receives prompt attention.
THE STATE LIBRARY
The report of the State Librarian shows in detail the law additions to the Library during the biennial period, and includes also a large number of important literary publica- tions, which have been secured through the Librarian. In truth, I am glad to bear testimony to the faithful labors of Mrs. Maxwell, who has been constant in attendance and unremitting in effort to advance the interest of the Iowa State Library, until it has become one of the first in the
GOVERNOR BUREN ROBINSON SHERMAN 369
Union. It is now sought after more than ever before, because of completeness, and makes necessary additional assistance to its proper care. I cordially endorse the recom- mendation of the Librarian for a continuance of the last annual appropriation for the services of assistants, which I consider both reasonable and necessary. The report of
THE STATE OIL INSPECTOR
makes a comprehensive showing of the work of his office since the taking effect of the law. That there have been some complaints is not surprising, for that would follow the execution of any new and radical statute; but on the whole, I am constrained to believe the law has been well executed. I would suggest in the way of improvement, that a deputy be required in each congressional district. I approve the suggestion of the Inspector, that one - half the fine imposed for violations of the law be paid to the informer, and the residue to the county school fund. The report shows wherein the Inspector believes the law can be improved upon, and I submit his suggestions to your consideration.
STATE VETERINARIAN
One of the wisest measures adopted by the Twentieth General Assembly was that providing for the appointment of a State Veterinary Surgeon. I was fortunate in the selection of Prof. M. Stalker, of the Agricultural College, who has been a most faithful and competent officer. The demands for his services have been frequent and from all parts of the State, and I am glad to report his complete
370 MESSAGES AND PROCLAMATIONS OF
success in protecting our valuable stock interests from seri- ous contagions. The people have both cheerfully and promptly seconded all his efforts, and the result of his labors, with those of his assistants, Dr. Milnes, of Cedar Rapids, and Dr. Nicholson of Sac County, are very grat- ifying.
The report submitted on June 30, 1885, is interesting and contains a vast amount of information relative to the diseases of domestic animals which will prove of immense practical value to the whole people.
Although the report covers a period of but fourteen months, the amount of work accomplished is really aston- ishing, and the beneficial result far beyond computation. The suggestions of the report, coming from so experienced a source, and having reference to so valuable an interest, estimated as exceeding one hundred and fifty millions of dollars, should receive your earnest thought.
Early the past year I established a rigid quarantine against most of the older States prohibiting the importation of neat cattle, on account of the prevalence of pleuro- pneu- monia in malignant form. The quarantine is yet main- tained, except as to a very few States, where revoked on the advice of Prof. Stalker — and as a consequence, we have been saved the evil effects of this contagion.
AGRICULTURAL
The agricultural interests of Iowa are undoubtedly greater than any other, and have most largely contributed to our high standing in the sisterhood of States. Only about one- third of our territory is under actual cultivation, and yet
GOVERNOR BUREN ROBINSON SHERMAN 371
Iowa ranks among the very first in agricultural products, and undoubtedly the very first in agricultural probabilities. I notice, and with pride, that only one other State in the Union has a cattle valuation equal to our own — and when it is remembered that it is territorially nearly three times as large, the comparison is to our advantage, and justifies me in the declaration, that all things considered, Iowa is entitled to the first place in the column. That this is largely due to the work of the State Agricultural Society, needs no argu- ment at my hands. Our State fairs have become the great attraction, not only to our own people, but largely to the citizens of other States ; and now that the fair has a perma- nent abiding place, cannot but increase in usefulness, and become the pride of all the people.
The amount appropriated by the last General Assembly, supplemented by a like sum contributed by public spirited citizens, has been expended in the purchase and improve- ment of suitable permanent grounds near the city of Des Moines, for the use of the Society, in accordance with the law. These grounds comprise 266 acres, and are admirably located, both as respects accessibility to visitors, and con- venience to exhibitors. An additional sum should be appro- priated to enable the officers to fit up these grounds in a manner becoming this great State, and make such permanent improvements as are necessary to the success of its fairs. The Society estimates an expenditure of fifty thousand dol- lars will be required for this purpose, and inasmuch as all expenditures in this interest, are directly to the advantage of the State, I heartily concur in the suggestion, and recom- mend the appropriation. There ought not to be a dissent to the proposition.
372 MESSAGES AND PROCLAMATIONS OF
THE DAIRY
One of the most prominent industries of our people, which within a few years has developed with marvelous rapidity, and given the State most enviable reputation, is dairy interest. It now engages the business attention of a large proportion of our citizens, and in the importance and value of the product may be favorably compared with any other in magnitude. Naturally, and as is always true of any success, it has difficulties to encounter, one of the most seri- ous of which is the work of the counterfeiters — for truth compels the statement, that men in our own midst are largely engaged in the business of adulterations, and the results of their work are sent out broadcast over the country, to the prejudice of honest labor, and danger to the public health. All sorts of vile compounds are sold in the market as genu- ine " creamery" product, which in fact were mixed in slaugh- ter houses, or worse yet, some filthy cellar store house. Whether or not it is possible to prevent the manufacture of butter imitations, is a question — but the law should severely punish the sale thereof; and I recommend amendment to the present statutes, with a view to more certain enforcement of their provisions, that one half the fine collected be paid the informer, and that a reasonable attorney's fee, for the prose- cuting attorney, be charged up as part of the costs. The provision punishing as forgery the false branding of the adulterated article, is a proper one, and I believe if -induce- ment be offered as suggested, it would result in exposures and convictions.
This general subject is one of the most important which will engage you, and I bespeak for it your diligent exam- ination.
GOVERNOR BUREN ROBINSON SHERMAN 373 THE LONDON EXHIBITION
It is proposed to hold an American exhibition in London, England, during the present year, at which shall be made a display of the products and resources of the different Amer- ican States. To secure action in the United States a national organization has been perfected, and invitations extended to the different States to participate in the exhibition. The Secretary, Hon. Jno. Gilmer Speed of New York, advises me that the other States will be officially represented, and suggests early action by the appointment of a State Commis- sioner and proper appropriation to enable him to make a dis- play worthy the reputation of the State. I have declined to make any appointment, or take any official action, but sub- mit the whole case for such action as you may deem best.
THE NEW CAPITOL
A few words only are necessary in this regard. The monies appropriated by the Twentieth General Assembly have all been drawn and expended, and the work shows for itself the intelligent and painstaking care which has char- acterized it from the organization of the present Commission in 1872, and which has gained for it universal commenda- tion. It is no doubt a fact that no other public building in the United States has been constructed with more rigid economy, and that when finished, now so near at hand, we may congratulate ourselves upon its completeness and ele- gance. The report of the Commissioners will be presented you in due time, showing in detail and in aggregate all the expenditures up to the present year. Too much praise can- not be given the Commissioners, superintendents, and indeed all who have been engaged, for their faithful labors.
374 MESSAGES AND PROCLAMATIONS OF
STATE IMPROVEMENT
Your attention is also directed to the propriety of cre- ating a State board of immigration, with a view to inducing an increase of settlement to the State. As is well known, we have large tracts of unoccupied lands, the most fertile in the world, the advantages of which in respect to schools and commercial facilities have only to be published to com- pel occupation; and it is a matter of public concern that none but the best class of settlers be invited hither. I believe that this can be secured through the appointment of such board, and if a small appropriation be made, sufficient to defray actual expenses of correspondence and statistical publications, the results would be advantageous to the State.
U. 8. COURT HOUSE AT KEOKUK
At the last session of Congress an act was passed, which has been approved, appropriating funds for the building of a federal court house and post-office in the city of Keokuk — but the same are not available until the State of Iowa shall have ceded to the United States exclusive jurisdiction over the site to be selected therefor for all purposes, except the administration of the criminal laws of the State and the service of civil process therein. I recommend the passage of such an act.
WORLD'S EXPOSITION
Dnring the last winter a World's Exposition was in prog- ress in the city of New Orleans, which was quite largely participated in by the people of Iowa, and from which the State retired with very creditable record. To meet the
GOVERNOR BUREN ROBINSON SHERMAN 375
expense necessary to a State exhibit many public spirited citizens made contributions, trusting to a reimbursement at your hands. In as much as all such costs should be borne by the State at large, I recommend an appropriation of the amount necessary, which is estimated will not exceed $20,000, to be placed under the control of the Executive Council, with which to reimburse such proper expenditures as shall appear to them correct.
A SOLDIEES' HOME
Twenty • five years have now elapsed since the close of the great civil war, undertaken upon our part for the preser- vation of the national integrity. Many of those who did heroic service for their country in its hour of need, were well nigh totally disabled in its service, and now with the weight of advancing years, are unable longer to support themselves. I believe the State should make respectable provision for their maintenance. Let it not be said that a great and rich commonwealth like Iowa is forgetful of the obligations due its citizen soldiery. We are proud of the fact that Iowa sent so large proportion — over one -tenth of its entire population — in the Union army, the casualties to which exceeded one-sixth the number, and again over one- fourth of whom lost their lives during the struggle. The State owes them a debt of everlasting gratitude, and to those of them who now need its assistance there should be no hesitation in granting it. I approve the suggestion for the establishment of a Soldiers' Home. The number who would seek admission would not be large, but whether few or many, such benefit should be extended.
376 MESSAGES AND PROCLAMATIONS OF
THE CONSTITUTIONAL CONVENTION
Although at the election five years since the proposition to call a constitutional convention was negatived by a small majority, I believe a convention should now be provided for. The present constitution was adopted nearly thirty years ago; within that time the State has nearly quadrupled in population, and the general condition has greatly changed. Reform is demanded in our political system, so that elec- tions be less frequent. There should be a reorganization of our judicial department, either by increase of courts or a better division of their work, and thus avoid much of the expense and uncertainty and delay in the administration of the law. Other improvements will readily suggest them- selves to the careful observer; and in as much as the thirty years will have fully elapsed ere a new constitution can be voted upon, I suggest to your consideration the necessity for action in this matter.
IN CONCLUSION
1 have thus called your attention to various subjects affect- ing the well being of the State, and the general good, which I believe should engage your earnest and patriotic consider- ation— I have stated in plain language my own views thereof. Yours is a grave responsibility, but I have no fears it is properly appreciated, and your duties will be per- formed as becomes brave and intelligent men. Let it not be said the General Assembly failed its opportunities.
And now, in retiring from the high official position with which I have been honored, I desire to express my grati- tude to the people of the State for the very general support
GOVERNOR BUREN ROBINSON SHERMAN 377
and confidence which has been mine to experience, and to say, that whatever betide, I shall hold them in lasting re- membrance. As heretofore, so in the hereafter, I devote myself ever and unreservedly to the service of Iowa, the grandest commonwealth in the federation.
BUREN R. SHERMAN.
VETO MESSAGE
TO THE SENATE MARCH 15, 1882
From MS. Copy of Executive Journal, Vol. VII, p. 46 — * Office of the Governor, Des Moines
To the Honorable The Senate:
I return herewith with my objections the bill originat- ing in the Senate entitled, "An act to legalize defective acknowledgments to written instruments recorded in this state."
In my opinion the bill is far too sweeping and general in character, and its result will be to provoke litigation rather than otherwise. It will be noticed that the bill does not assume to correct defective acknowledgments only, but is so far- reaching as to include all acknowledgments by whom- soever made or taken whether the party thus acting was authorized or not. I cannot persuade myself that such was the real intent of the General Assembly. The bill does not pretend to correct or legalize, the record of such instruments and it is open to question whether or not the legalization of the acknowledgment would have the desired effect upon the record, which is of quite equal importance. It is my belief that no general legalization should be given or attempted in respect to instruments purporting to have been executed nearly fifty years ago.
GOVERNOR BUREN ROBINSON SHERMAN 379
At best, legalization acts are of doubtful expediency. The effect is to promote inattention to the plain requirements of law thus tending to increase litigation among the people which should be discouraged. But when so general an act is proposed as in the present case I am persuaded it should not receive the sanction of the state.
BUREN R. SHERMAN.
SPECIAL MESSAGE
TO THE GENERAL ASSEMBLY
JANUARY 20, 1884 From the Iowa Legislative Documents for 1884, Vol. IV
THE STATE OF IOWA, EXECUTIVE DEPARTMENT, DES MOINES, Jan. 20, 1884.
Gentlemen of the General Assembly:
I herewith transmit to the two Houses the report required by the Constitution, of each case of commutation, pardon or reprieve granted, and the reason therefor, together with the names of all persons in whose favor fines or forfeitures have been remitted, and the several amounts so remitted, the whole covering a period beginning January 13, 1883, and terminating this day.1
BUREN R. SHERMAN,
Governor of Iowa.
1 For a list of the cases reported, see Iowa Legislative Documents for 1884, Vol. IV.
PROCLAMATIONS
ON ELECTION TO FILL A VACANCY IN THE HOUSE OF REPRESENTATIVES
JANUARY 30, 1882
From MS. Copy of Executive Register, Vol. Ill, p. 596 — in the Office of the Secretary of State, Des Moines
Whereas by the death of Watson E. Webster, a Repre- sentative in the General Assembly, from the 19th Represent- ative District of Iowa, a vacancy has occurred in the House of Representatives; and,
Whereas, the General Assembly being now convened in regular session, it is important that said vacancy be filled by the electors of said district,
Now, therefore, I, Buren R. Sherman, Governor of the State of Iowa, do hereby order and direct that a special elec- tion be held at the usual places of holding election in said district on Tuesday the fourteenth day of February, A. D. 1882, for the purpose of filling the vacancy aforesaid; whereof the electors of said district will take notice, and the sheriff of the County of Page will take official notice and be governed accordingly.
In testimony whereof, I have hereunto set my hand and caused to be affixed the Great Seal of SEAL 1 *^e State °^ Iowa. Done at Des Moines this •< OF V 30th day of January in the year of our Lord, ( STATE ) one thousand eight hundred and eighty - two, of the State of Iowa the thirty -sixth, and of the United States the one hundred and sixth. By the Governor, BUREN R SHERMAN.
J. A. T. HULL, Secretary of State.
382 MESSAGES AND PROCLAMATIONS OF
OFFERING A REWARD
APRIL 20, 1882
From MS. Copy of Executive Register, Vol. IV, p. 10 — in the Office of the Secretary of State, Des Moines
Whereas, I am satisfied from information by me received that the crime of murder has been committed in the County of Polk, to- wit; On the 15th day of April 1882, on the per- son of R W. Stubbs at Polk City, in said County by some person or persons to the authorities unknown ;
Now, therefore, I, Buren K. Sherman, Governor of the State of Iowa, by virtue of authority in me vested by law do hereby offer a reward of Five Hundred Dollars for the arrest and delivery to the proper authorities of each of the persons guilty of said murder the said reward to be paid upon conviction.
In testimony whereof I have hereunto set my hand, and caused to be affixed the Great Seal of (SEAL) the State of Iowa.
Done at the City of Des Moines this twentieth day of April A. D. 1882.
BUREN K. SHERMAN. By the Governor
J. A. T. HULL,
Secretary of State.
W. T. HAMMOND, Deputy.
GOVERNOR BUREN ROBINSON SHERMAN 383
ON A SPECIAL ELECTION
MAY 8, 1882
From MS. Copy of Executive Register, Vol. IV, p. 14 — in the Office of the Secretary of State, Des Moines
Pursuant to law, I, Buren R. Sherman, Governor of the State of Iowa, do hereby proclaim and give notice that according to the provisions of Section 1 Article 10 of the Constitution, and Chapter 172, Laws of the Nineteenth Gen- eral Assembly, a Special Election will be held throughout the State on Tuesday the 27th day of June A. D. 1882, at which the following proposed amendment to the Constitu- tion will be submitted to a vote of the electors of the State, to-wit:
Section 26. No person shall manufacture, for sale, or sell, or keep for sale, as a beverage, any intoxicating liquors whatever, including ale, wine and beer.
The General Assembly shall by law prescribe regulations for the enforcement of the prohibition herein contained, and shall thereby provide suitable penalties for the violation of the provisions hereof.
Said proposed Amendment to be added to Article 1 of the Constitution as Section 26.
The following extract from Chapter 172, Laws of the Nineteenth General Assembly, is published for general infor- mation ;
Section 3. The ballots shall have written or printed thereon "For the adoption of the Amendment" or "Against the adoption of the Amendment. "
Attention is also called to Section 2 Chapter 114, Laws of
384 MESSAGES AND PROCLAMATIONS OF
the Sixteenth General Assembly, which requires that the entire proposed Amendment shall be written or printed on the ballots.
Pursuant to Chapter 172, Laws of the Nineteenth General Assembly, said Special Election shall be held by the same officers and conducted in the same manner and returns thereof made as at a general election.
The boards of Supervisors of the several counties shall meet on the first Monday after said election and proceed to canvass the votes in their respective counties.
The votes shall be canvassed in the same manner and returns made to the Secretary of State as in case of election for State and district officers.
Whereof all electors throughout the State will take due notice and the Sheriffs of the several counties therein will take official notice and be governed accordingly.
In testimony whereof I have hereunto set my hand and caused to be affixed the Great Seal of the State of Iowa.
Done at Des Moines this Eighth day of May
in the year of our Lord One Thousand Eight
(SEAL) Hundred and Eighty Two, of the State of Iowa
the Thirty Sixth and of the independence of the
United States the One Hundred and Sixth.
BUREN R. SHERMAN. By the Governor
J. A. T. HULL,
Secretary of State.
GOVERNOR BUREN ROBINSON SHERMAN 385
ON THE TORNADO JUNE 19, 1882
From MS. Copy of Executive Register, Vol. IV, p. 20 — in the Office of the Secretary of State, Des Moines
To the People of Iowa:
The tornado which passed through the central portion of the State on the night of the 17th instant has proven one of the most frightful calamities in the history of the common- wealth, along the path of the storm and especially at Grin- nell and Malcom, there was not only a great destruction of property but an appalling loss of human life, and many who escaped death in their ruined homes are left in a condition of suffering and need which appeals urgently to the gener- osity of our people. Ready hands and generous hearts have done much to care for the wounded and shelter the home- less ; but the results of so frightful a disaster must be long lasting, and others, further removed from the scene, only await an opportunity to aid their stricken fellow citizens. I do therefore most heartily recommend that all contributions for their relief be sent to Hon. J. B. Grinnell, who is fully authorized to receive them, and to whom such a trust of gen- erosity may be most confidently submitted.
Done at Des Moines this 19th day of June in the year of our Lord one thousand eight hundred (SEAL) and eighty -two, of the independence of the United States the one hundred and sixth and of the State of Iowa the thirty- sixth. By the Governor BUKEN R. SHERMAN.
J. A. T. HULL,
Secretary of State.
386 MESSAGES AND PROCLAMATIONS OF
ON I HE RESULT OF A SPECIAL ELECTION JULY 29, 1882
From MS. Copy of Executive Register, Vol. IV, p. 25 — in the Office of the Secretary of State, Des Moines
Whereas, the Eighteenth and Nineteenth General Assem- blies of the State of Iowa did in due form and according to the provisions of the constitution, agree to add, as section 26 to Article 1 of the Constitution an Amendment in words following, to -wit:
"Section 26. No person shall manufacture for sale, or sell, or keep for sale, as a beverage any intoxicating liquors whatever, including ale, wine and beer.
The General Assembly shall by law prescribe regulations for the enforcement of the prohibition herein contained, and shall thereby provide suitable penalties for the violation of the provisions hereof;" and
Whereas Proclamation was made and said proposed amendment was submitted to a vote of the electors of the State, at a special election held throughout the State in pur- suance of law, on Tuesday, the 27th day of June, A. D. 1882; and
Whereas, the official canvass of the returns of said elec- tion as made by the Executive Council, acting as a State Board of Canvassers, shows one hundred and fifty-five thou- sand four hundred and thirty-six votes for the adoption of the amendment, and one hundred and twenty -five thousand six hundred and seventy-seven votes against, leaving a majority of twenty-nine thousand seven hundred and fifty- nine votes for the adoption of the amendment;
GOVERNOR BUREN ROBINSON SHERMAN 387
Now, therefore, I, Buren R. Sherman, Governor of the State of Iowa, by virtue of authority vested in me by law, and in the name of the people of Iowa, do hereby proclaim that the aforesaid amendment is adopted and is a true and valid part of the constitution of the State of Iowa, Whereof all persons will take due notice and govern themselves accordingly.
In testimony whereof I have hereunto set my hand and caused to be affixed the Great Seal of the State of Iowa.
Done at the City of Des Moines this 29th day ( STATE ) of July, in the year of our Lord, one thousand ( SEAL j eight hundred and eighty -two, 'of the Independ- ence of the United States the one hundred and seventh and of the State of Iowa the thirty-sixth.
BUREN R. SHERMAN. By the Governor
J. A. T. HULL
Secretary of State.
OFFERING A REWARD
SEPTEMBER 16, 1882
From MS. Copy of Executive Register, Vol. IV, p. 82 — in the Office of the Secretary of State, Des Moines
Whereas, I am satisfied from information by me received that the crime of murder has been committed in the county of Fayette, to-wit: On the 7th day of September 1882, on the person of F. M. Shepard ;
388 MESSAGES AND PROCLAMATIONS OF
Now, therefore, I Buren R. Sherman, Governor of the State of Iowa, by virtue of authority in me vested by law, do hereby offer a reward of Five Hundred Dollars, for the arrest and delivery to the proper authorities of each of the persons guilty of said murder, the said reward to be paid upon conviction.
In testimony whereof, I have hereunto set my hand and caused to be affixed the Great Seal of (SEAL) the State of Iowa. Done at the City of Des Moines this 16th day of September 1882.
BUREN R. SHERMAN. By the Governor
J. A. T. HULL,
Secretary of State.
OFFERING A REWARD
SEPTEMBER 18, 1882
from MS. Copy of Executive Register, Vol. IV, p. 33 — in the Office of the Secretary of State, Des Moines
Whereas, I am satisfied from information by me received, that the crime of murder has been committed in the county of Polk, to- wit: On the person of Henry Scribner on the 8th day of September ;
Now therefore, I, Buren R. Sherman, Governor of the State of Iowa, by virtue of authority in me vested by law, do hereby offer a reward of Five Hundred Dollars, for the arrest of each of the persons guilty of said murder, the said reward to be paid on conviction.
GOVERNOR BUREN ROBINSON SHERMAN 389
In testimony whereof, I have hereunto set my
hand and caused to be affixed the Great Seal of
(SEAL) the State of Iowa. Done at the city of Des
Moines, this 18th day of September 1882. By the Governor BUREN R. SHERMAN.
J. A. T. HULL,
Secretary of State.
ON THE GENERAL ELECTION
OCTOBER 2, 1882
From MS. Copy of Executive Register, Vol. IV, p. 85 — in the Office of the Secretary of State, Des Moines
Pursuant to law, I, Buren R. Sherman, Governor of the State of Iowa, do hereby proclaim that at the General Elec- tion to be held on the "Tuesday next after the first Monday of November," A. D., 1882, the offices hereinafter named, which will become vacant by the expiration of a full term on the first Monday in January next, except where otherwise indicated, are to be filled, to-wit:
By vote of all the Electors of the State:
The office of Secretary of State.
The office of Auditor of State.
The office of Treasurer of State.
The office of Attorney General.
The office of Judge of the Supreme Court in place of Wil- liam H. Seevers whose term will expire on the 31st day of December next.
The office of Clerk of the Supreme Court.
The office of Reporter of the Supreme Court.
390 MESSAGES AND PROCLAMATIONS OF
By vote of the electors of the several Congressional Dis- tricts, the office of Representative in| Congress from each of said Districts which will become similarly vacant on the 4th day of March next.
By vote of the Electors of the several Judicial Districts except the twelfth and thirteenth and fourteenth, the office of District Judge in and for each of said Districts which will become similarly vacant on the first day of January next;
The office of District Attorney in and for each of said Districts.
By vote of the electors of each Judicial Circuit wherein is situated a city containing a population in excess of twenty- two thousand three hundred by the United States Census of 1880; an additional Circuit Judge in accordance with the provisions of Chapter 56, Laws of the Nineteenth General Assembly.
Whereof all electors throughout the State and the Dis- tricts and circuits mentioned will take due notice, and the sheriffs of the several counties will take official notice and be governed accordingly.
In testimony whereof, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Iowa.
Done at Des Moines, this second day of Octo- (SEAL) ber, in the year of our Lord one thousand eight hundred and eighty-two, of the independence of the United States the one hundred and seventh and of the State of Iowa the thirty-sixth. By the Governor BUREN R. SHERMAN.
J. A. T. HULL,
Secretary of State.
GOVERNOR BUREN ROBINSON SHERMAN 391
OFFERING A REWARD
OCTOBER 28, 1882
From MS. Copy of Executive Register, Vol. IV, p. 41 — in the Office of the /Secretary of /State, Des Moines
Whereas I ain satisfied from information by me received that the crime of murder has been committed in the county of Linn, to-wit: on the 17th day of October 1882, on the person of Charles Sedlack by some person or persons by me unknown;
Now, therefore, I, Buren R. Sherman, Governor of the State of Iowa, by virtue of authority in me vested by law, do hereby offer a reward of Five Hundred Dollars for the arrest and delivery to the proper authorities of each of the persons guilty of said murder, the said reward to be paid upon conviction.
In testimony whereof, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Iowa. Done at Des Moines this twenty -eighth day of October in the year of our (SEAL) Lord one thousand eight hundred and eighty- two, of the Independence of the United States the one hundred and seventh and of the State of Iowa the thirty -sixth.
BUREN R. SHERMAN By the Governor
J. A. T. HULL
Secretary of State
392 MESSAGES AND PROCLAMATIONS OF
ON THANKSGIVING
NOVEMBER 1, 1882
From MS. Copy of Executive Register, Vol. IV, p. 4% — in the Office of the Secretary of State, Des Moines
The President of the United States has appointed Thurs- day, the 30th day of November 1882, a day of public thanksgiving, and I do earnestly recommend to the people of Iowa a fitting observance of that day. Let the people suspend their usual pursuits and meet in their respective places of worship to return thanks and praise to Almighty God for the great blessings of another year. The year has been rich in prosperity and blessings. Small portions of the State have been scourged by tempest, but the distressed have found among our own people, and in sister states, a generosity which was eager for their relief and measured its gifts only by the needs of those in want. Let us be thank- ful for the goodness of human hearts ; let us be grateful for the increasing intelligence and virtue of our people remem- bering that "Righteousness exalteth a Nation."
Done at Des Moines this 1st day of Novem- (SEAL) ber A. D. 1882.
BUREN R. SHERMAN. By the Governor,
J. A. T. HULL
Secretary of State.
W. T. HAMMOND, Deputy
GOVERNOR BUREN ROBINSON SHERMAN 393
OFFERING A REWARD
NOVEMBER 13, 1882
From MS. Copy of Executive Register, Vol. IV, p. 44 — in the Office of the Secretary of State, Des Moines
Whereas I am satisfied from Information by me received that the crime of murder has been committed in the county of Montgomery, to- wit: On the 13th day of November, 1882, on the person of J. P. Bramhall by some person or persons to the authorities unknown ;
Now, therefore, I, Buren R. Sherman, Governor of the State of Iowa, by virtue of authority in me vested by law do hereby offer a reward of Five Hundred Dollars for the arrest and delivery to the proper authorities of each of the persons guilty of said murder, the said reward to be paid upon con- viction.
In testimony whereof, I have hereunto set my hand and caused to be affixed the Great Seal of (SEAL) the State of Iowa.
Done at the City of Des Moines this 13th day of November A. D. 1882.
BUREN R. SHERMAN. By the Governor
J. A. T. HULL,
Secretary of State.
W. T. HAMMOND, Deputy.
394 MESSAGES AND PROCLAMATIONS OF
OFFERING A REWARD
DECEMBER 6, 1882
From MS. Copy of Executive Register, Vol. IV, p. ^8 — in the Office of the Secretary of State, Des Moines
Whereas, I am satisfied from information by me received that the crime of murder has been committed in the county of Wapello to -wit: on the 6th day of November 1882 on the person of C. C. McAllister by some person or persons unknown;
Now, therefore, I, Buren R. Sherman, Governor of the State of Iowa, by virtue of authority in me vested by law do hereby offer a reward of Five Hundred Dollars for the arrest and delivery to the proper authorities of each of the persons guilty of said murder, the reward herein offered to be paid on conviction.
In testimony whereof, I have hereunto set my (SEAL) hand and caused to be affixed the Great Seal of the State of Iowa. Done at the city of Des Moines this 6th day of December 1882.
BUREN R. SHERMAN By the Governor
J. A. T. HULL
Secretary of State
W. T. HAMMOND, Deputy.
GOVERNOR BUREN ROBINSON SHERMAN 395
ON THE DEATH OF STEPHEN HEMP STEAD
FEBRUARY 17, 1883
From MS, Copy of Executive Register, Vol. IV, p. 57— in the Office of the Secretary of State, Des Moines
The executive hereby announces to the people of Iowa the death of the honorable Stephen Hempstead, ex-Gover- nor of the State, which sad event occurred at his late resi- dence in the city of Dubuque, on Friday, February 16, 1883; at one o'clock P. M. of that day, he having attained the ripe age of seventy-one years.
At the date of his death, Governor Hempstead was the oldest of our ex-Governors. He was elected to the Guber- natorial office in the year 1850, as the second Governor of the State, serving in that capacity for four years, and finally retired on the inauguration of his successor, the late Gover- nor Grimes, in December 1854, with the commendations of all the people.
Governor Hempstead was one of the strong men of the State, crossing the "Father of Waters" during our territorial existence, he located at Dubuque and immediately actively engaged in the work of improving and developing the coun- try of his choice, which he continued during his entire life. His ability as a lawyer, and his earnestness as a man, gave him rank and influence from the beginning ; and he has left the impress of his character and talents upon the state, whose earlier records are in a large degree the history of the dis- tinguished gentleman whose death we mourn as a public loss.
Ripe in years, and full of honors, Stephen Hempstead has gone to the grave amid the universal regrets of a grateful people.
396 MESSAGES AND PROCLAMATIONS OF
In respect to his memory it is hereby ordered that the Executive Departments of the State be closed on Monday the nineteenth day of February instant, and that the national flag be displayed at half mast from the capitol and state arsenal, on the day aforementioned.
In testimony whereof I have hereunto set my hand and caused to be affixed the Great Seal of (SEAL) the State of Iowa. Done at Des Moines this seventeenth day of February A. D. 1883, &c.
BUREN R. SHERMAN. By the Governor
J. A. T. HULL,
Secretary of State.
ON' THE GENERAL ELECTION
SEPTEMBER 4, 1883
From MS. Copy of Executive Register, Vol. IV, p. 83 — in the Office of the Secretary of State, Des Moines
Pursuant to law, I, Buren R. Sherman, Governor of the State of Iowa, do hereby proclaim that at the General Election to be held on the Second Tuesday in October A. D. 1883 the offices hereinafter named are to be filled, to- wit: By vote of all the Electors of the State:
The office of the Governor of the State of Iowa;
The office of Lieutenant -Governor;
The office of Judge of the Supreme Court, in place of James G. Day, whose term of office will expire December 31, 1883;
GOVERNOR BUREN ROBINSON SHERMAN 39Y
The office of Superintendent of Public Instruction. By vote of the electors of the several Senatorial districts designated below:
The office of Senator in the General Assembly from each of said districts, to -wit:
The second district composed of the counties of Van Buren and Davis;
The third district composed of the counties of Appanoose and Monroe;
The fourth district composed of the counties of Wayne and Lucas;
The fifth district composed of the counties of Clarke and Decatur ;
The sixth district, composed of the counties of Einggold, Taylor and Union ;
The eighth district composed of the counties of Mills and Montgomery ;
The eleventh district composed of the counties of Louisa and Washington ;
The fourteenth district composed of the county of Mahaska ;
The fifteenth district composed of the county of Marion ;
The sixteenth district composed of the counties of Madi- son and Warren ;
The seventeenth district composed of the counties of Audubon, Guthrie and Dallas ;
The nineteenth district composed of the county of Potta- wattamie ;
Tne twenty -third district composed of the county of Jackson ;
398 MESSAGES AND PROCLAMATIONS OF
The twenty-fourth district composed of the counties of Cedar and Jones ;
The twenty -fifth district composed of the county of Johnson;
The twenty-sixth district composed of the county of Linn ;
The twenty-seventh district composed of the county of Benton ;
The twenty -eighth district composed of the county of Marshall ;
The thirty -first district composed of the counties of Boone and Story ;
The thirty-second district composed of the counties of Hardin and Grundy ;
The thirty-third district composed of the counties of Buchanan and Delaware ;
The thirty -sixth district composed of the county of Clayton ;
The thirty-ninth district composed of the counties of Butler and Bremer ;
The fortieth district composed of the counties of Alia- makee and Fayette,
The forty-first district composed of the counties of How- ard, Mitchell and Worth ;
The forty-third district composed of the counties of Cerro Gordo, Franklin, Hancock and Winnebago;
The forty-sixth district composed of the counties of Wood- bury, Monona and Crawford;
The forty-seventh district composed of the counties of Humboldt, Pocahontas, Palo Alto, Emmet, Kossuth and Clay;
GOVERNOR BUREN ROBINSON SHERMAN 399
The forty -ninth district composed of the counties of Ply- mouth, Sioux, Lyon, O'Brien, Osceola and Dickinson; By vote of the electors of the several counties and Repre- sentative Districts:
The office of Representative in the General Assembly from each of said counties and representative districts as follows:
The counties of Lee, Des Moines, Wapello, Pottawatta- mie, Scott, Johnson, Jasper, Polk, Linn, Clinton, Dubuque, and Clayton, each two representatives;
The counties of Henry, Jefferson, Van Buren, Davis, Monroe, Appanoose, Lucas, Wayne, Clarke, Decatur, Union, Ringgold, Adams, Taylor, Page, Montgomery, Mills, Fremont, Cass, Adair, Madison, Warren, Marion, Mahaska, Keokuk, Washington, Louisa, Muscatine, Cedar, Iowa, Poweshiek, Dallas, Guthrie, Harrison, Boone, Story, Marshall, Tama, Benton, Jones, Jackson, Delaware, Bu- chanan, Black Hawk, Grundy, Hardin, Hamilton, Webster, Woodbury, Butler, Bremer, Fayette, Allamakee, Winne- shiek, Howard, Chickasaw, Mitchell, Floyd, Plymouth, Monona, Crawford, Sac, Greene, Carroll, Shelby, Audubon, Cerro Gordo and Franklin, each one Representative;
The seventy-second district composed of the counties of Sioux, Lyon and Osceola ;
The seventy-fifth district composed of the counties of Ida and Buena Vista ;
The seventy-sixth district composed of the counties of Cherokee and Clay ;
The seventy-eighth district composed of the counties of Calhoun and Pocahontas ;
400 MESSAGES AND PROCLAMATIONS OF
The eighty -third district composed of the counties of O'Brien and Dickinson ;
The eighty-fourth district composed of the counties of Palo Alto, Emmet and Kossuth ;
The eighty-fifth district, composed of the counties of Humboldt and Wright ;
The eighty-sixth district, composed of the counties of Winnebago, Hancock and Worth ;
And I do further proclaim and give notice that on the day of said General Election, the offices named below having become vacant are to be filled:
By vote of the electors of the counties of Scott and Musca- tine, composing the second circuit of the seventh judicial district;
The office of circuit judge of the second circuit of said dis- trict, to fill the vacancy occasioned by the resignation of D. C. Bichman.
By vote of the electors of the sixth congressional district:
The office of Representative in Congress, from said dis- trict to fill the vacancy occasioned by the death of M. E. Cutts.
Whereof all Electors throughout the State and the dis- tricts and circuit mentioned, will take due notice, and the sheriffs of the several counties will take official notice and be governed accordingly.
In testimony whereof, I have hereunto set my hand and caused to be affixed the Great Seal of (SEAL) the State of Iowa.
Done at Des Moines this fourth day of Sep- tember in the year of our Lord one thousand
GOVERNOR BUREN ROBINSON SHERMAN 401
eight hundred and eighty-three, of the Inde- pendence of the United States the one hundred and eighth and of the State of Iowa the thirty - seventh.
BUREN R. SHERMAN
By the Governor Governor of Iowa.
J. A. T. HULL
Secretary of State
OF THANKSGIVING
OCTOBEB 30, 1883
From MS. Copy of Executive Register, Vol. IV, p. 91 — in the Office of the Secretary of State, Des Moines
In acknowledgment of the manifold blessings which have been showered upon us, and in appreciation of the mercies vouchsafed to us ; for the general and excellent health of all the people, the prosperity which has attended our citizens, and that peace which has rested upon the State and Nation; and in conformity with a time-honored custom which has always characterized the Republic, I most cordially unite with his excellency the President of the United States, and set apart Thursday the 29th day of November 1883, as a day of general thanksgiving to Almighty God. I invite all the people to a proper observance of this day. Let us assemble in our usual places of worship, and with songs of praise and thanks -offerings render grateful homage to the Most High for the goodness and tender care which have been manifested toward us during the year.
402 MESSAGES AND PROCLAMATIONS OF
Let us be thankful that the Republic yet exists ; that the people are progressing in every good work ; for the advanc- ing intelligence which is the sheet anchor of our liberties ; and thus joining together in prayer and thanksgiving, rever- ently renew our allegiance to Him the Father of us all.
Done at Des Moines this thirtieth day of
(SEAL) October A. D. 1883.
BUREN R. SHERMAN.
By the Governor
J. A. T. HULL,
Secretary of State.
ON THE DEATH OF RALPH P. LOWE DECEMBER 24, 1883
From MS. Copy of Executive Register, Vol. IV, p. 97 — in the Office of the Secretary of State, Des Moines
It becomes the painful duty of the Executive to announce to the people of Iowa the death of Ex- Governor Ralph P. Lowe which sad event occurred at his home in Washington City on the evening of Saturday, December 22, 1883. Thus within the present year the State has suffered the loss of two of her early executives — Hempstead and Lowe. Ex- Governor Lowe was one of the oldest citizens of Iowa. His residence here dates from the organization of the territory in 1838; and he was soon afterwards called to serve the people in the territorial and state governments and in both the Executive and Judicial Departments he rendered valued service to the commonwealth at the important period when
GOVERNOR BUREN ROBINSON SHERMAN 403
the machinery of government was being organized and put in motion. He was a member of the constitutional conven- tion in 1844, and afterwards District Attorney and then District Judge in the first district.
He was the first Governor of the State under the present constitution and afterwards served two terms as one of the justices of the Supreme Court. For some years past he has been a resident of Washington City and has devoted a large share of his time to the prosecution in the name of the State of Iowa of a claim against the Federal Government which occurred during the period of his administration as Governor. He died at the ripe age of seventy -eight and up to the last was engaged in the service of the State. Ex- Governor Lowe was a lover of his country and a diligent and faithful servant of the people. In the prime of his life he was called to serve in earnest political contests, but in his old age the asperities of the past were forgotten and he enjoyed the sincere respect of men of all parties, a tribute fairly won by his sterling worth as a man. In respect to his memory it is hereby ordered that the national flag be displayed at half mast on the State Capitol and the execu- tive departments be closed on the day of the funeral.
Done at Des Moines this 24th }day of Decem-
(SEAL) ber, A. D. 1883.
BUREN R. SHERMAN By the Governor
J. A. T. HULL
Secretary of State
W. T. HAMMOND, Deputy. (Filed Dec. 24, 1883. J. A. T. Hull, Secretary of State.)
404 MESSAGES AND PROCLAMATIONS OF
OFFERING A REWARD
JANUABY 22, 1884
From MS. Copy of Executive Register, Vol. IV, p. 100 — in the Office of the Secretary of State, Des Moines
Whereas, I am satisfied from information by me received that the crime of murder has been committed in the county of Mills, to-wit; on the 29th of December, 1883, on the per- son of J. M. Shelly by some person or persons to the authorities unknown:
Now therefore, I, Buren R. Sherman, Governor of the State of Iowa, by virtue of authority vested in me by law do hereby offer a reward of Five Hundred Dollars for the arrest and delivery to the proper authorities of the person or each of the persons guilty of such murder, the said reward to be paid upon conviction.
In testimony whereof, I have hereunto set my hand and caused to be affixed the Great Seal of (SEAL) the State of Iowa. Done at Des Moines this 22d day of January A. D. 1884.
BUREN R. SHERMAN. By the Governor
J. A. T. HULL,
Secretary of State.
W. T. HAMMOND, Deputy.
GOVERNOR BUREN ROBINSON SHERMAN 405
ON ELECTION TO FILL A VACANCY IN THE HOUSE OF REPRESENTATIVES
JANUABY 31, 1884
From MS. Copy of Executive Register, Vol. IV, p. 104 — »w the Office of the Secretary of State, Des Moines
A proclamation calling a special election for Member of the House of Representatives in the fifty-third Representative District
Whereas, a vacancy exists in the office of member of the House of Representatives, for the fifty-third Representative District, comprising the county of Delaware, in consequence of the death of Joseph M. Holbrook.
Now, therefore, by virtue of authority in me vested by law, I, Buren R. Sherman, Governor of the State of Iowa, do hereby order a special election to be held in and for the fifty-third representative district, comprising the said county of Delaware on Tuesday, the 12th day of February A. D. 1884, for the purpose of choosing a member of the House of Representatives in place of said Joseph M. Holbrook whose term of office began on the second Monday in January 1884 and will expire on the second Monday in January 1886. Whereof the sheriff of said county will take official notice and govern himself accordingly.
In testimony whereof, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Iowa.
(SEAL) Done at Des Moines this thirty -first day of
January, in the year of our Lord one thousand eight hundred and eighty-four.
By the Governor BDREN R. SHERMAN.
J. A. T. HULL, Secretary of State.
406 MESSAGES AND PROCLAMATIONS OF
OFFERING A REWARD
MABCH 24, 1884
From MS. Copy of Executive Register, Vol. IV, p. 112 — in the Office of the Secretary of State, Des Moines
Whereas, I am satisfied from information by me received, that the crime of murder has been committed in the County of Linn, to- wit: on the 20th day of March, 1884, on the person of Joseph Thum, by some person or persons to the authorities unknown.
Now, therefore, I, Buren R. Sherman, Governor of the State of Iowa, by virtue of authority in me vested by law, do hereby offer a reward of Five Hundred Dollars for the arrest and delivery to the proper authorities of each of the persons guilty of such murder, the said reward to be paid upon conviction.
In testimony whereof I have hereunto set my ( STATE ) hand and caused to be affixed the Great Seal of ( SEAL ) the State of Iowa, at the City of Des Moines, this twenty-fourth of March, A. D. 1884.
BUREN R SHERMAN By the Governor
J. A. T. HULL
Secretary of State
GOVERNOR BUREN ROBINSON SHERMAN 407
OFFERING A REWARD
SEPTEMBER 20, 1884
From MS, Copy of Executive Register, Vol. IV, p. 137 — in the Office of the Secretary of State, Des Moines
Whereas. I am satisfied from information by me received, that the crime of murder has been committed in the County of "Winnebago, to -wit: on the person of John M. Breen, on the 16th day of September, 1884, by some person or per- sons to the authorities unknown;
Now, therefore, I, Buren R. Sherman, Governor of the State of Iowa, by virtue of authority in me vested by law, do hereby offer a reward of Five Hundred Dollars for the arrest and delivery to the proper authorities of each of the persons guilty of said murder, the said reward to be paid upon conviction.
In testimony whereof I have hereunto set my hand, and caused to be affixed the Great Seal of (SEAL) the State of Iowa. Done at Des Moines, this twentieth day of September A. D. 1884.
BUREN R. SHERMAN. By the Governor
J. A. T. HULL,
Secretary of State.
408 MESSAGES AND PROCLAMATIONS OF
OFFERING A REWARD
SEPTEMBER 20, 1884
From MS. Copy of Executive Register, Vol. IV, p. 138 — in the Office of the Secretary of State, Des Moines
Whereas, I am satisfied from information by me received, that the crime of murder has been committed in the County of Webster, to-wit: on the 15th day of September, 1884, on the person of Mrs. Adelade V. Jameson, by some person or persons to the authorities unknown;
Now, therefore, I, Buren R. Sherman, Governor of the State of Iowa, by virtue of authority in me vested by law, do hereby offer a reward of Five Hundred Dollars, for the arrest and delivery to the proper authorities of each of the persons guilty of said murder, the said reward to be paid upon conviction.
In testimony whereof, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Iowa.
(SEAL) Done at Des Moines, this twentieth day of
September, A. D. 1884.
BUREN R. SHERMAN By the Governor
J. A. T. HULL
Secretary of State.
GOVERNOR BUREN ROBINSON SHERMAN 409
THE GENERAL ELECTION
SEPTEMBER 27, 1884
From MS. Copy of Executive Register, Vol. IV, p. 139— in the Office of the Secretary of State, Des Moines
Pursuant to Law, I, Buren K. Sherman, Governor of the State of Iowa, do hereby proclaim that at the General Elec- tion to be held on the " Tuesday next after the first Monday in November," A. D. 1884, the offices hereinafter named are to be filled by vote of all the Electors in the State and of those of the several Districts designated, to- wit: By vote of all the Electors of the State:
The office of Elector of President and Vice- President of the United States; to be filled by the choice of thirteen Electors, each ballot for such office to contain the name of at least one inhabitant of each Congressional district into which the State is divided and to designate "against the name of each person voted for" the number of the Con- gressional District to which he belongs;
The office of Secretary of State;
The office of Auditor of State;
The office of Treasurer of State;
The office of Judge of the Supreme Court in place of James H. Kothrock whose term of office will expire Decem- ber 31, 1884;
The office of Attorney General.
By vote of the Electors of the several Judicial Districts and Circuits, and also of those specially named below :
The office of Circuit Judge in each of said Judicial Dis-
410 MESSAGES AND PROCLAMATIONS OF
tricts and Circuits, and one additional Circuit Judge in the second Judicial District;
In the new circuits established by the Twentieth General Assembly, Judges will be elected as follows:
One Circuit Judge in the first circuit of the fourth Judicial District comprising the counties of Lyon, O'Brien, Sioux, Osceola and Plymouth;
One Circuit Judge in the second circuit of the Tenth Judicial District comprising the counties of Woodbury, Monona, Harrison and Cherokee;
One Circuit Judge in the first circuit of the Sixth Judicial District comprising the counties of Poweshiek, Keokuk, Washington and Jefferson;
One Circuit Judge in the second circuit of the Sixth Judi- cial District comprising the counties of Jasper, Marion and Mahaska;
The offices of Judge of the District Court and District Attorney in the Twelfth, Thirteenth and Fourteenth Judi- cial Districts;
By vote of the Electors of the several Congressional Dis- tricts:
The office of Representative in Congress from each of said districts.
And I do further proclaim and give notice, that on the day of said General Election the offices named below having become vacant, are to be filled by vote of the Electors of the several districts mentioned, respectively:
The office of Representative in Congress from the Seventh Congressional District to fill the vacancy occasioned by the resignation of John A. Kasson;
GOVERNOR BUREN ROBINSON SHERMAN 411
The office of Judge of the District Court in the Thir- teenth Judicial District to fill the vacancy occasioned by the resignation of Joseph R. Reed;
The office of Judge of the Circuit Court in the Thirteenth Judicial District to fill the vacancy occasioned by the resig- nation of C. F. Loof burrow ;
The office of Judge of the Circuit Court in the Ninth Judicial District to fill the vacancy occasioned by the resig- nation of B. W. Lacy.
And I do further proclaim and give notice that at said Election four propositions to amend the Constitution, agreed to by the Nineteenth and Twentieth General Assemblies, will be submitted to the people in accordance with the pro- visions of Chapter one hundred and fourteen (114) of the Acts of the Sixteenth General Assembly, said propositions being as follows, to- wit:
Amendment 1. The General Election for State, District, County and Township officers shall be held on the Tuesday next after the first Monday in November.
Amendment 2. At any regular session of the general assembly the state may be divided into the necessary judicial districts for district court purposes, or the said districts may be reorganized and the number of the districts and the judges of said courts increased or diminished ; but no reorganization of the districts or diminution of the judges shall have the effect of removing a judge from office.
Amendment 3. The grand jury may consist of any num- ber of members, not less than five, nor more than fifteen, as the general assembly may by law provide, or the general assembly may provide for holding persons to answer for any criminal offense without the intervention of a grand jury.
412 MESSAGES AND PROCLAMATIONS OF
Amendment 4. That section 13 of article 5 of the con- stitution be stricken therefrom, and the following adopted as such section:
Section 13. The qualified electors of each county shall, at the general election in the year 1886, and every two years thereafter, elect a county attorney, who shall be a resident of the county for which he is elected, and who shall hold his office for two years, and until his successor shall have been elected and qualified.
Attention is hereby called to section 2 article 10 of the Constitution as follows :
"Sec. 2. If two or more amendments shall be submitted at the same time, they shall be submitted in such manner that the electors shall vote for and against each of such amendments separately. "
The following extract from Chapter 114 of the Acts of the Sixteenth General Assembly is published for general information :
"The ballots relating to such amendment or amendments shall be separate from the ballots for officers cast at such election, and shall be deposited in boxes to be provided by the judges of election, separate from said ballots so cast for officers ; and there shall be written or printed on such ballots the entire proposed amendment or amendments with the word "for" or "against" — as the elector may desire — pre- ceding each amendment voted upon."
Whereof, all electors throughout the State and the Dis- tricts and Counties especially designated will take due notice, and the sheriffs of the several counties will take official notice and be governed accordingly.
GOVERNOR BUREN ROBINSON SHERMAN 413
Polls open at nine o'clock A. M. and close not earlier than six o'clock nor later than nine o'clock P. M.
In testimony whereof I have hereunto set my hand and caused to be affixed the Great Seal of the State of Iowa.
Done at Des Moines this 27th day of Septem- (SEAL) her in the year of our Lord one thousand eight hundred-and eighty four, of the State of Iowa the thirty -eighth and of the independence of the United States, the one hundred and ninth. By the Governor BUKEN E. SHERMAN.
J. A. T. HULL, Secretary of State.
OJST CLOSING THE EXECU1IVE OFFICES
NOVEMBER 3, 1884
From MS. Copy of Executive Register, Vol. IV, p. 148 — in the Office of the Secretary of State, Des Moines
For good and sufficient reason, I, Buren R. Sherman, Governor of the State of Iowa, do hereby direct that all the executive offices at the capitol be closed and business sus- pended on the day of the General Election, November 4, 1884.
In testimony whereof, witness my hand and (SEAL) the Great Seal of the State. Done at Des
Moines this 3d day of November, 1884. By the Governor BUREN R. SHERMAN.
J. A. T. HULL, Secretary of State,
W. T. HAMMOND, Deputy.
414 MESSAGES AND PROCLAMATIONS OF
THANKSGIVING
NOVEMBER 27, 1884
From MS. Copy of Executive Register, Vol. IV, p. 150 — in the Office of the Secretary of State, Des Moines
In accordance with the action of the President, I, Buren R. Sherman, Governor of the State of Iowa, hereby desig- nate Thursday, November 27, 1884, as a day of public thanksgiving.
On that day let the people in their homes and their respective places of worship render thanks to Almighty God for the manifold blessings of the year, for peace, for freedom from pestilence, for the general prosperity and for the bounteous harvest.
In testimony whereof I have hereunto set my hand, and caused to be affixed the Great Seal of the State of Iowa.
Done at Des Moines this llth day of Novem- (SEAL) ber in the year of our Lord One Thousand Eight Hundred and Eighty -Four.
BUREN R SHERMAN. By the Governor:
J. A. T. HULL
Secretary of State.
W. T. HAMMOND, Deputy.
GOVERNOR BUREN ROBINSON SHERMAN 415
ON QUARANTINE AGAINST PLEURO- PNEUMONIA
APRIL 29, 1885
From MS. Copy of Executive Register, Vol. IV, p. 175— in the Office of the Secretary of State, Des Moines
Whereas, reliable information from the state Veterinary Surgeon, and otherwise, has reached me, that the dread epidemic, Pleuro-Pneumonia exists in virulent and contagious form in many of the States of the Union, among the cattle thereof: and
Whereas, in view of the prominent position held by Iowa as a cattle producing and cattle feeding State, being first in value and rank therein among all the States and territories, and the immense investments in such stock held by our people; and
Whereas, it is of the greatest importance that this vast interest, involving many millions of valuable property should be protected to the people of the State, and to the end that the good name of the state as a stock and food producing district shall be maintained ;
Now, therefore, I, Buren K. Sherman, Governor of the State of Iowa, by virtue of the authority in me vested by the Constitution and laws of the State, do hereby declare and establish quarantine at the boundaries thereof, against all animals infected with the said disease pluro- pneumonia, or that have been exposed thereto, and I do hereby abso- lutely prohibit the importation into the state, all cattle shipped or driven from the states hereinafter named, unless the same shall be accompanied by a certificate of health given by the State Veterinary Surgeon of said states, who shall have first made careful examination of such cattle: viz:
416 MESSAGES AND PROCLAMATIONS OF
The States of Connecticut, New Jersey, Pennsylvania, Maryland, Virginia, West Virginia, Delaware, Ohio, Ken- tucky, Tennessee, Indiana, Illinois, Missouri and the Dis- trict of Columbia.
All railroad and transportation companies are hereby for- bidden to bring into this state any cattle from the localities above named, unless the proper health certificate as above specified shall accompany the shipment.
I appeal to all good citizens to assist in the enforcement hereof, and especially direct all sheriffs, constables and other peace officers, and the boards of health throughout the state, and the State Veterinary Surgeon and his several deputies, shall see that the proclamation be obeyed.
In Testimony Whereof I have hereunto set my hand and caused to be affixed the great seal of the State of Iowa.
Done at Des Moines this 29th day of April A. D. 1885.
BUREN R. SHERMAN. By the Governor
FRANK D. JACKSON, Secretary of State.
ON THE DEATH OF ULYSSES S. GRANT JULY 23, 1885
From MS. Copy of Executive Register, Vol. IV, p. 198 — in the Office of the Secretary of State, Des Moines
To the People of Iowa:
A great man has fallen. A mighty Nation mourns its most eminent citizen. The Greatest soldier of all time, after a military career which was without spot or error, and
GOVERNOR BUREN ROBINSON SHERMAN 417
was uniformly triumphant everywhere, and whose manage- ment of the largest armies, the world ever saw, has made forever illustrious the name and fame of the American cit- izen-soldiery, has made the only surrender ever known to him, and calmly and fearlessly walked down to the grave
like one
"Who wraps the drapery of his couch about him, "And lies down to pleasant dreams."
Nor less brilliant and successful were his civic services to the Nation, which will live in the hearts of his countrymen as long as the Republic endures. Without selfishness, with no thought but for the betterment of his fellow citizens and a perpetuity of "A Government by the people, of the peo- ple, and for the people," Ulysses S. Grant goes out in the ripeness of years and full of honors, the most sincerely lamented of any of earth's distinguished citizens.
His memory will remain with us a fragrant message for- ever, and his virtues an emulation for every inhabitant of the land. In respect to his memory, I recommend that our people suspend their usual business between the hours of 10 and 4 o'clock on the day of the funeral and I hereby direct that all the Executive departments of the state be closed on that day. Let all the people as one person join in sincere respect to his memory.
In testimony whereof I have hereunto set my hand, and caused to be affixed the Great Seal of (SEAL) the State of Iowa.
Done at the Capitol in Des Moines this 23rd day of July A. D. 1885.
By the Governor BUREN R. SHERMAN.
FRANK D. JACKSON, Secretary of State.
418 MESSAGES AND PROCLAMATIONS OF
OFFERING A REWARD
AUGUST 3, 1885
From MS. Copy of Executive Register, Vol. IV, p. 196 — in the Office of the Secretary of State, Des Moines
Whereas I am satisfied from Information by me received that the crime of murder has been committed, in the County of Wapello; to wit: on the 29th day of July 1885, on the person of James Fields, by some person or persons to the authorities unknown ;
Now, therefore, I, Buren R. Sherman, Governor of the State of Iowa, by virtue of authority in me vested by law, do hereby offer a reward of Three Hundred Dollars, for the arrest and delivery to the proper authorities, of each of the persons guilty of said murder, the said reward to be paid upon conviction.
In testimony whereof I have hereunto set my hand and caused to be affixed the Great Seal of (SEAL) the State of Iowa. Done at Des Moines this 3d day of August A. D. 1885.
BUREN R. SHERMAN. By the Governor
FRANK D. JACKSON,
Secretary of State.
GOVERNOR BUREN ROBINSON SHERMAN 419
ON THE GENERAL ELECTION
SEPTEMBER 21, 1885
From MS. Copy of Executive Journal, Vol. VII, p. WJ^—in the Office of the Governor, Des Moines
Pursuant to Law, I, Buren E. Sherman, Governor of the State of Iowa, do hereby proclaim, that at the General Election to be held "on the Tuesday next after the first Monday in November, " it being the third day thereof, for the year A. D. 1885, the offices hereinafter named are to be filled, to- wit: By vote of all the Electors of the State.
The office of Governor of the State of Iowa;
The office of Lieutenant Governor;
The office of Judge of the Supreme Court in place of Joseph M. Beck, whose term of office will expire December 31, 1885;
The office of Superintendent of Public Instruction; By vote of the Electors of the Several Senatorial Districts designated below:
The office of Senator in the General Assembly from each of said Districts, to- wit:
The First District composed of the County of Lee;
The Seventh District composed of the Counties of Fre- mont and Page;
The Ninth District composed of the County of Des Moines ;
The Tenth District composed of the Counties of Jefferson and Henry;
420 MESSAGES AND PROCLAMATIONS OF
The Twelfth District composed of the Counties of Keokuk and Iowa ;
The Thirteenth District composed of the County of Wapello ;
The Eighteenth District composed of the Counties of Adams, Adair and Cass ;
The Twentieth District composed of the County of Mus- catine ;
The Twenty -first District composed of the County of Scott ;
The Twenty-second District composed of the County of Clinton ;
The Twenty-ninth District composed of the County of Jasper ;
The Thirtieth District composed of the County of Polk ;
The Thirty-fourth District composed of the Counties of Harrison and Shelby ;
The Thirty-fifth District composed of the County of Dubuque ;
The Thirty-seventh District composed of the Counties of Hamilton, Webster and Wright ;
The Thirty-eighth District composed of the County of Black Hawk;
The Forty- second District composed of the County of Winneshiek ;
The Forty- fourth District composed of the Counties of Chickasaw and Floyd ;
The Forty -fifth District composed of the Counties of Poweshiek and Tama ;
GOVERNOR BUREN ROBINSON SHERMAN 421
The Forty-eighth District composed of the Counties of Greene, Carroll and Calhoun ;
The Fiftieth District composed of the Counties of Buena Vista, Cherokee, Sac and Ida ;
By vote of the Electors of the Several Counties and Repre- sentative Districts:
The office of Representative in the General Assembly, from each of said counties and Representative Districts, as follows :
The Counties of Lee, Des Moines, Wapello, Pottawatta- mie, Scott, Johnson, Jasper, Polk, Linn, Clinton, Dubuque and Clayton, each two Representatives;
The Counties of Henry, Jefferson, Van Buren, Davis, Monroe, Appanoose, Lucas, Wayne, Clarke, Decatur, Union, Ringgold, Adams, Taylor, Montgomery, Page, Mills, Fre- mont, Cass, Adair, Madison, Warren, Marion, Mahaska, Keokuk, Washington, Louisa, Muscatine, Cedar, Iowa, Poweshiek, Dallas, Guthrie, Harrison, Boone, Story, Mar- shall, Tama, Benton, Jones, Jackson, Delaware, Buchanan, Black Hawk, Grundy, Hardin, Hamilton, Webster, Wood- bury, Butler, Bremer, Fayette, Allamakee, Winneshiek, Howard, Chickasaw, Mitchell, Floyd, Plymouth, Monona, Crawford, Sac, Greene, Carroll, Shelby, Audubon, Cerro Gordo and Franklin, each, one Representative;
The Seventy- second District composed of the Counties of Sioux, Lyon and Osceola;
The Seventy-fifth District composed of the Counties of Ida and Buena Vista;
The Seventy -sixth District composed of the Counties of Cherokee and Clay;
422 MESSAGES AND PROCLAMATIONS OF
The Seventy -eighth District composed of the Counties of Calhoun and Pocahontas;
The Eighty-third District composed of the Counties of O'Brien and Dickinson.
The Eighty-fourth District composed of the Counties of Palo Alto, Emmet and Kossuth;
The Eighty -fifth District composed of the Counties of Humboldt and Wright ;
The Eighty-sixth District composed of the Counties of Winnebago, Hancock and Worth ;
And I do further proclaim and give notice, that on the day of said General Election, the offices named below, hav- ing become vacant, are to be filled :
By vote of the Electors of the Counties of Boone and Story, composing the Thirty-first Senatorial District:
The office of Senator in the General Assembly from said District, to fill the vacancy occasioned by the resignation of JohnD. Gillett;
By vote of the Electors of the Counties of Hardin and Grundy, composing the Thirty-second Senatorial District ;
The office of Senator in the General Assembly from said District, to fill the vacancy occasioned by the death of Enoch W. Eastman;
By vote of the electors of the Counties of Allamakee and Fayette, composing the Fortieth Senatorial District ;
The office of Senator in the General Assembly from said District, to fill the vacancy occasioned by the resignation of William Larrabee ;
By vote of the Electors of the Counties of Polk and War- ren, composing the first Circuit of the Fifth Judicial District of Iowa ;
GOVERNOR BUREN ROBINSON SHERMAN 423
The office of Circuit Judge in said Circuit and District, to fill the vacancy occasioned by the resignation of William Connor;
Whereof all Electors throughout the State and the Dis- tricts and Circuit mentioned will take due notice, and the Sheriffs of the several Counties will take official notice, and be governed accordingly.
In testimony whereof, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Iowa.
m Q -v Done at Des Moines, this 21st day of OF THE September in the year of our Lord eighteen STATE OF f hundred and eighty-five, of the Independ- OWA j ence o£ ^ United States the one hundred and tenth, and of the State of Iowa, the thirty-ninth.
(Signed) BUREN R. SHERMAN. By the Governor
(Signed) FRANK D. JACKSON, Secretary of State.
REVOKING QUARANTINE AGAINST CERTAIN
STATES
OCTOBEB 8, 1885
From Copy in the Office of the Secretary of State, Des Moines
Whereas, by representations to me made from authentic sources, that the disease of pleuro-pneumonia does not now exist in the States of Illinois and Missouri, and that no
424 MESSAGES AND PROCLAMATIONS OF
further danger is apprehended therefrom, and being desir- ous that full and free interchange of business between said States and the State of Iowa be not interdicted; and on the recommendation of the State Veterinary Surgeon of Iowa, it is evident that the quarantine heretofore established against the said States on account of the importation of cat- tle herein should be removed:
Now Therefore, I, Buren E,. Sherman, Governor of the State of Iowa, do hereby revoke so much of my Proclama- tion of April 29, 1885; as establishes quarantine against the aforesaid States, and consent to the free importation of cattle therefrom, the same as though said Proclamation had not issued.
In testimony whereof, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Iowa.
Done at Des Moines this 8th day of October, A. D., 1885.
BUREN R. SHERMAN. By the Governor.
FRANK D. JACKSON, Secretary of State. By D. W. SMITH, Deputy.
ON THANKSGIVING
NOVEMBER 5, 1885
From MS. Copy of Executive Register, Vol. IV, p. 213 — in the Office of the Secretary of /State, Des Moines
In conformity with an ancient and most praiseworthy cus- tom, in rendering special thanks to the Most High, for His Goodness to us, and in accordance with the recommendation
GOVERNOR BUREN ROBINSON SHERMAN 425
of the president of the United States designating a proper time therefor,
Therefore, I, Buren R. Sherman, Governor of the State of Iowa, do hereby set apart Thursday the 26th day of No- vember, instant as a day of Prayer and general public thanksgiving.
Let the people assemble at their usual places of worship, and absolved from all worldly cares and business demands reverently join in prayer and praise and thanksgiving to Almighty God, for the rich blessings He has showered upon us — for the good health which has been vouchsafed us — for the abundant harvests permitted us — and for all the great mercies which have been ours to experience — Let us grate- fully acknowledge our indebtedness to Him as the Giver of every good and perfect gift —
Done at the Capitol in Des Moines this 5th
day of November A. D. eighteen hundred and
(SEAL) eighty five, of the independence of the United
States the one hundred and tenth and of the
State of Iowa the thirty ninth.
BUREN R. SHERMAN. By the Governor
FRANK D. JACKSON,
Secretary of State.
UNIVERSITY of CALIFORNIA
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