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This Volume is for
REFERENCE USE ONLY
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^Messages and Proclamations
OF THE
governors
OF THE
STATE of MISSOURI
COMPILED AND EDITED BY
GRACE GILMORE AVERT, A. B.
and
FLOYD C. SHOEMAKER, A. M.
SECRETARY OF THE STATE HISTORICAL
SOCIETY OF MISSOURI
VOLUME VI
Published by
THK STATK HISTORICAL SOCIETY OF MISSOURI
COLUMBIA, MISSOURI
1924
COPYRIGHT 1924 BY
THE STATE HISTORICAL SOCIETY OF MISSOURI
PREFACE
This volume of the ''Messages and Proclamations of
the Governors of the State of Missouri" includes the mes-
sages and proclamations of Governors John Smith Phelps
(1877-1881), and Thomas Theodore Crittenden (1881-1885).
FLOYD C. SHOEMAKER.
Columbia, 1924.
(ill)
CONTENTS— VOLUME VI
GOVERNOR JOHN SMITH PHELPS
PAGE
BIOGRAPHICAL SKETCH, By John S. Harrington .... 3
INAUGURAL ADDRESS ..... 7
FIRST BIENNIAL MESSAGE 20
SECOND BIENNIAL MESSAGE ........ 61
VETO MESSAGES
To the House of Representatives ... 95
To the House of Representatives ... . 98
To the Senate 100
To the Senate 102
To the House of Representatives .... . 103
To the House of Representatives 106
To the House of Representatives 107
To the House of Representatives 108
Veto Recorded with the Secretary of State , . . . Ill
Veto Recorded with the Secretary of State . . . . 114
Veto Recorded with the Secretary of State . . . . 115
To the House of Representatives 116
Veto Recorded with the Secretary of State . . . . 119
Veto Recorded with the Secretary of State .... 121
Veto Recorded with the Secretary of State .... 122
Veto Recorded with the Secretary of State .... 123
Veto Recorded with the Secretary of State .... 124
Veto Recorded with the Secretary of State .... 125
Veto Recorded with the Secretary of State . . . 131
SPECIAL MESSAGES
To the Senate ... 133
To the House of Representatives 133
To the Senate 134
To the Senate 134
To the Senate . . .... 135
To the Senate . ... .135
To the Senate . ... 136
To the Senate . .... 136
To the Senate 137
To the Senate and the House of Representatives . . 137
To the Senate 144
To the Senate .......... 144
To the Senate . 145
To the Senate and the House of Representatives . , 145
To the Senate 148
vi CONTENTS
PAGE
To the Senate 149
To the Senate 149
To the House of Representatives 150
To the Senate .150
To the House of Representatives 150
To the House of Representatives 153
To the House of Representatives . . . 154
To the House of Representatives 154
To the House of Representatives . ... 155
To the House of Representatives 156
To the Senate 157
To the Senate .157
To the Senate 158
To the Senate 158
To the Senate 159
To the Senate 159
To the Senate 160
To the Senate 160
To the Senate 161
To the Senate and the House of Representatives . . . 101
To the Senate 167
To the Senate 167
To the Senate 168
To the House of Representatives 168
To the Senate 169
To the Senate 100
To the Senate 170
To the Senate 170
PROCLAMATIONS
Offering a Reward ,. 171
Offering a Reward 173
Offering a Reward 174
Offering a Reward 174
On the Repeal of Certain Proclamations . . . . 175
Offering a Reward 176
Offering a Reward 177
Offering a Reward 178
Offering a Reward 179
An Appeal for Peace and Order 180
Offering a Reward 181
Offering a Reward 182
Offering a Reward 183
On Relinquishment of Land 184
Offering a Reward 187
Offering a Reward 188
Offering a Reward 188
Offering a Reward 189
Offering a Reward 190
CONTENTS Vll
PAGE
On Thanksgiving 191
Offering a Reward 192
To the People of Missouri Relative to the Universal Exposi-
tion in Paris . 193
On Declaring Certain Commissions Vacated . . . 194
Offering a Reward , 195
Offering a Reward . . .... 196
Offering a Reward ... ... 197
Offering a Reward . 198
Offering a Reward . . .... 198
On Restoration of Civil Rights .... . 199
Offering a Reward . .... 200
Offering a Reward . 200
Offering a Reward . 201
On Removal of Disabilities 202
On Thanksgiving ' 203
Offering a Reward . 204
Offering a Reward .... . ' . 205
Offering a Reward 205
Offering a Reward 206
Offering a Reward 207
Offering a Reward 207
Offering a Reward 208
Offering a Reward 209
Offering a Reward 209
Offering a Reward 210
Offering a Reward 21 1
Offering a Reward 212
On Removal of Disabilities 212
Offering a Reward . . . . . . . . .213
On Removal of Disabilities 214
On Removal of Disabilities 215
On Removal of Disabilities 215
Offering a Howard 216
On Removal of Disabilities 217
On Removal of Disabilities 217
On Removal of Disabilities ....... 218
On Removal of Disabilities 219
On Removal of Disabilities 219
On Removal of Disabilities 220
On Removal of Disabilities 221
Offering a Reward 222
Offering a Reward 222
Offering a Reward 223
Offering a Reward • 224
Offering a Reward 224
Offering a Reward 225
Offering a Reward 226
Vlll CONTENTS
PAGE
Offering a Reward 227
On Removal of Disabilities ... . . 227
Offering a Reward .... . 228
Offering a Reward .... , . 229
On Removal of Disabilities . . . 229
On Thanksgiving . .... 230
Offering a Reward . . . 231
On Removal of Disabilities . . * 232
Offering a Reward .... 232
On Removal of Disabilities ... 233
On Removal of Disabilities .... 234
Offering a Reward . ... ... 234
On Removal of Disabilities ... . 235
Offering a Reward . 236
On Removal of Disabilities 236
On Removal of Disabilities ... . . . 237
On Removal of Disabilities ... . 238
Offering a' Reward . . ... 238
On Removal of Disabilities 239
Offering a Reward 240
On the Completion of the State Lunatic Asylum at St.
Joseph 240
Offering a Reward .241
On Declaring Certain Commissions Vacated . . 242
On Removal of Disabilities .... , 242
On Removal of Disabilities . . . 243
On Removal of Disabilities . , . 244
Offering a Reward . 245
On Removal of Disabilities . . . 245
On Removal of Disabilities . . . 246
On Removal of Disabilities . , 247
Offering a Reward . . 247
Offering a Reward . . 248
On Removal of Disabilities 249
Offering a Reward . 250
On Removal of Disabilities , 251
On Removal of Disabilities . 251
Offering a Reward . . 252
Offering a Reward . ... 253
Offering a Reward , 254
Suspending George E. Mayhall from Office . 254
On the Enforcement of Election Laws . . 255
On Removal of Disabilities .... , , 256
On the Enforcement of Election Laws . . , 257
On Thanksgiving . 258
Offering a Reward ... 259
Offering a Reward ... . 259
Offering a Reward 260
CONTENTS IX
PAGE
Offering a Reward . . . 261
On. Removal of Disabilities .... . 261
On Removal of Disabilities 262
MEMORANDA OF PROCLAMATIONS, WRITS OF ELECTION AND VETO
NOTICE
May 24, 1877 . 263
September 17, 1877 . 263
September 27, 1S77 . 263
September 16, 1878 . .... 264
September 30, 187$ ... .264
October 22, 1878 . . . 264
January 23, 1879 . . .... 264
March 24, 1879 . . 265
December 10, 1879 265
August 6, 1880 . 265
GOVERNOR THOMAS THEODORE CRITTENDEN
BIOGRAPHICAL SKETCH, By Sarah Guitar 269
INAUGURAL ADDRESS .... .... 272
FIRST BIENNIAL MESSAGE 291
SECOND BIENNIAL MESSAGE 364
VETO MESSAGES
To the Senate 439
To the House of Representatives ..... 441
To the Senate ... 442
To the House of Representatives . . . 443
To the House of Representatives .... . 445
To the House of Representatives 445
To the House of Representatives .... . 447
SPECIAL MESSAGES
To the Senate . . . 448
To the Senate ... ... . . 448
To the House of Representatives . ... 449
To the House of Representatives . ... 449
To the Senate .... 449
To the House of Representatives . . . 450
To the House of Representatives , ... 451
To the Senate . ... 451
To the Senate . . 451
To the Senate .... 452
To the Senate . . - 452
To the House of Representatives .... 453
To the House of Representatives . 453
To the House of Representatives . 454
To the House of Representatives . . 454
To the Henato ... ... . 455
X CONTEN'I S
PAGE
To the Senate . 456
To the General Assembly . . . 456
To the House of Representatives 457
To the House of Representatives . 459
To the Senate .... 460
To the Senate . 460
To the Senate . 461
To the Senate .... .461
To the House of Representatives . . , 462
To the Senate .... , .463
To the House of Representatives . . , 463
To the Senate . 464
To the Senate . .464
To the House of Representatives . 465
To the Senate .... ... 466
To the Senate ... 466
To the House of Representatives . . 467
To the Senate .... . .467
To the Senate .... 468
To the Senate .... . ,468
To the Senate , 469
To the Senate . 470
To the House of Representatives . . . 470
To the Senate 472
To the Senate . 473
To the Senate 473
To the Senate : 474
To the Senate 474
To the Senate 475
To the House of Representatives 476
To the House of Representatives 476
To the Senate 477
To the Senate ... 477
PBOCLAMATIONS
Offering a Reward 478
On Removal of Disabilities ... . . 479
On Removal of Disabilities 479
Offering a Reward 480
On Removal of Disabilities 481
Offering a Reward ......... 4g2
On Removal of Disabilities 432
Offering a Reward 483
Offering a Reward 484
Offering a Reward . 435
On Removal of Disabilities 485
Offering a Reward 480
Making Known the Senatorial Districts . ... 487
CONTENTS XI
PAGE
On Removal of Disabilities 489
Offering a Reward 490
Suspending an Execution ....... 491
Offering a Reward . 492
Offering a Reward . 492
Offering a Reward 493
Offering a Reward 494
Offering a Reward 494
Offering a Reward 496
Offering a Reward 497
Offering a Reward 497
Offering a Reward 498
On Memorial Services for President Garfield . . . 499
Offering a Reward 500
Offering a Reward 501
Offering a Reward 501
On Thanksgiving 502
Offering a Reward ... 503
On Removal of Disabilities .... . 504
On Declaring Certain Commissions Vacated .... 504
On Removal of Disabilities 505
On Removal of Disabilities 506
Offering a Reward 507
Offering a Reward 507
On Removal of Disabilities 508
Calling a Special Session of the General Assembly . . . 509
Offering a Reward 510
Offering a Reward 510
On Removal of Disabilities 511
Offering a Reward .... .... 512
Offering a Reward ... 513
Offering a Reward 513
Offering a Reward 514
Offering a Reward 515
Offering a Reward 515
Offering a Reward 516
Removal of Disabilities 517
On Declaring a Commission Vacated .... 518
Offering a Reward 518
Offering a Reward 519
On Revoking the Proclamation of July 28, 1881 . . 520
On the Death of Willard P. Hall 521
On Thanksgiving 521
Offering a Reward ... 522
Offering a Reward 523
Offering a Reward 524
On Removal of Disabilities 525
Offering a Reward 525
Xll CONTENTS
PAGE
Suspending an Execution . . ^ 526
Offering a Reward . .... 527
On Removal of Disabilities 528
On Removal of Disabilities 528
Offering a Reward . . 529
On Removal of Disabilities . , 530
Offering a Reward ... . 531
Offering a Reward 531 '
On Declaring Certain Commissions Vacated . . . 532
On the Indebtedness of the State of Missouri to the State
Board of Education 533
On the Indebtedness of the State of Missouri to the State
Board of Education . .... 534
Offering a Reward . . .535
On Removal of Disabilities ... . 536
On Removal of Disabilities . ... 537
Offering a Reward . .... 538
Offering a Reward ... . . 538
On Removal of Disabilities . . 539
On Removal of Disabilities . . ... 540
On Removal of Disabilities ... . 541
On Removal of Disabilities .... 541
On Removal of Disabilities . . . 542
On Removal of Disabilities . ... . 543
Offering a Reward ...... ... 544
On Removal of Disabilities . 545
On the Indebtedness of the State of Missouri to the State
Board of Education 546
On Thanksgiving 547
On the Adoption of Railroad Standard of Time . . 548
On Removal of Disabilities . 549
On Declaring a Commission Vacated . . 550
On Removal of Disabilities .... . 550
Offering a Reward ... , 551
On Removal of Disabilities . . . . . 552
On Removal of Disabilities . ... 553
Offering a Reward ... ... 554
On Removal of Disabilities .... . 554
On Removal of Disabilities . 555
On Removal of Disabilities 556
On the Indebtedness of the State of Missouri to the Stato
Board of Education 557
On the Indebtedness of the State of Missouri to the State
Board of Education ... ... 558
Offering a Reward 559
Offering a Reward .... .... 560
On Removal of Disabilities .... ... 561
Offering a Reward 562
CONTENTS Xlii
PAGE
Offering a Reward 562
On the Indebtedness of the State of Missouri to the State
Board of Education ... . 563
Offering a Reward . 564
On Declaring Certain Commissions Vacated . 565
On Removal of Disabilities ... . . 566
Offering a Reward ..... . 566
Offering a Reward .... . 567
Offering a Reward . . . 568
On Removal of Disabilities .... . 569
Offering a Reward . . . 569
On Removal of Disabilities . . . 570
Offering a Reward . . 571
Offering a Reward ... . ... 572
Offering a Reward .... . . 572
On Removal of Disabilities .... . 573
On Removal of Disabilities . . . 574
On Removal of Disabilities . 575
Offering a Reward . . . ... 575
Offering a Reward . . . 576
On Removal of Disabilities 577
On Removal of Disabilities 577
On Removal of Disabilities 578
On Maintaining Order at the Polls 579
On Thanksgiving .... .... 581
On Removal of Disabilities 581
Offering a Reward 582
On an Amendment to the State Constitution .... 583
Offering a Reward . . 587
On Removal of Disabilities ... .... 587
Offering a Reward . 588
Offering a Reward 589
On Removal of Disabilities . ... . 589
MEMORANDA OF PBOCLAMATIONS AND WRITS OF ELECTION
March 27, 1882 591
March 27, 1882 591
March 27, 1882 .... 591
March 27, 1882 : 592
March 27, 1882 .... . ... 592
August 29, 1882 ... . ... 592
October 3, 1882 . .593
October 5, 1882 593
October 5, 1882 .... 593
October 9, 1884 594
December 23, 1884 594
GOVERNOR JOHN SMITH PHELPS
JOHN S. PHELPS
Governor 1877-1881
JOHN SMITH PHELPS
BY
JOHN S. FARRINGTON
John Smith Phelps, lawyer and statesman, was born
in Simsbury, Connecticut, on December 14th, 1814.
He followed in the footsteps of his father, Elisha Phelps,
who was admitted to practice law in Hartford, Connecticut,
in 1803, served in both branches of the State Legislature,
and was afterwards sent to Congress for two terms having
been elected on the Democratic ticket.
After receiving his degree at Trinity College, Hartford,
Conn., in 1832, John S. Phelps entered his father's law office
where he laid the foundation for his legal career, practicing
there until 1837.
Having married Mary Whitney of Hartford, he soon
thereafter turned his face toward the west, settling in Spring-
field, Missouri, in which place he made his permanent home.
On his arrival in Missouri he learned that licenses to practice
law were issued only after an examination. He sought
Judge George Tompkins, who was then on the Supreme
Court of Missouri, and was one of the first three members
of that court, and applied for admission to the bar. It is
said that at that time Judge Tompkins was clearing the
timber off of a piece of land in Cole County and that the
examination of Phelps took place out in the clearing, both
Judge and applicant seated on a log. The examination
resulted in the issuance of a license which was written and
signed by the Judge on a page torn from a memorandum
book. His force of character, democratic manner and
educational equipment soon won for him a large clientage
and many friends.
Within three years after locating in Springfield he was
elected to the State Legislature.
(3 )
4 MESSAGES AND PROCLAMATIONS OF
When he began the practice of law in Missouri it was
necessary for a lawyer to be a good horseman and to be
able to adjust himself to any and all conditions, for the
circuit had to be ridden by both Bench and Bar. It was
doubtless in this way that he attached to himself the host
of clients and friends who could be depended upon to sup-
port him in his stand on public questions. The late Admiral
Sebree related to the writer of having at one time seen
Phelps in St. Louis. The Admiral, a small boy, had ac-
companied his father to St. Louis who had gone there on
business. While they were seated in the lobby of the old
Planters Hotel they saw a distinguished, striking looking
man walk through the lobby. The boy turned to his father
and inquired who he was. He was informed that it was
John S. Phelps of the Ozarks. He was then told that the
Ozarks was a vast region or territory in Southern Missouri,
mountainous and sparsley inhabited, and that the people
of that section were always most interested in two events,
one being whether the hickory nut crop would be bountiful
next season, and the other whether John S. Phelps would be
re-elected to Congress.
He was elected to the Congress of the United States
first in 1844 and served continuously for 18 years. During
this service he was on the Ways and Means Committee and
for some time was Chairman of that important Committee.
No man in Congress, during his incumbency of that
office, wielded more force than did Phelps. His education,
high integrity, ceaseless labor, democratic and brusque manner
surrounded him with a following from the South, East and
West to such an extent that no important measure could be
passed without his support.
While he was Chairman of the Ways and Means Com-
mittee he was sent to New Mexico to superintend the loca-
tion of a transcontinental railroad, and as a result of his
report on the same to the Congress the Sante Fe Railroad
was granted a right of way.
His influence was always exerted toward pacifying the
two contending parties on the slavery question, but when
GOVERNOR JOHN SMITH PHELPS 5
the War came on he, being a Douglas Democrat, had no
hesitancy in standing for the Union. It was only because
of his northern birth and Union sympathies that he was
defeated for Speaker of the House, a position to which his
rank as Chairman of the Ways and Means Committee
entitled him.
The fight in Congress over the admission of Oregon to
statehood gave way when he was, after much solicitation,
won over to that side.
It is a coincidence worthy of notice that later his only
daughter, Mary, became the wife of Colonel Johrt B. Mont-
gomery, a prominent citizen of Oregon, in \vhich State she
afterwards made her home.
When the Civil War came on he raised a regiment that
participated in the battle of Pea Ridge. He afterwards
was appointed Military Governor of Arkansas, which he
gave up on account of ill health. He attained the rank of
Brigadier-General in 1862.
In 1864 he again resumed the practice of law in Spring-
field. The law firm of which he was the senior member was
organized under the style of Massey, McAfee and Phelps.
Contrary to the usual custom, the youngest member was
placed at the head and the senior at the end.
Missouri has produced no stronger firm of lawyers
than this trio, Benjamin U. Massey, Captain C. B. McAfee
and John S. Phelps.
In 1868 he re-entered the political arena and was
nominated for Governor on the Democratic ticket and was
defeated for election. His party again gave him the nomina-
tion in 1876, and as a result he was elected by an over-
whelming majority. He was Governor of Missouri from
1877 to 1881, and ever since the members of both political
parties have characterized his term as a strong and splendid
administration.
He was a firm believer in law enforcement, and his
experience as a lawyer had taught him that the best way
to bring about law enforcement was to let the verdicts of
6 MESSAGES AND PROCLAMATIONS OF
juries and sentences of courts stand. A story of his firm-
ness in this respect was related to me by an eye witness.
On one of his visits to Springfield while he was Gov-
ernor, a mother came to see him. Her mission was to
plead for the life of her son who had been tried by the court
and found guilty of murder. They went into his private
office where he heard her stofy — after so long they came out.
The Governor had said No, but he was crying and seemed
more affected than the mother. His answer was, "Your
son has violated the law and I cannot allow my sympathies
or personal wishes to set that law aside."
His name has been perpetuated not only by his acts
and deeds as a citizen both in private and public life but
as well by the citizens of his home who in memory of him
have dedicated a public school to his name and have set
apart a beautiful park in the south part of the city known
as Phelps Grove Park. It is a part of the old Phelps estate,
land that he once owned. He died in St. Louis on November
20th, 1886, and was buried in Hazelwood Cemetery at
Springfield, Mo.
Missouri, since organized as a state, has contributed
much in statesmanship to the country. In that period,
beginning 30 years prior to the Civil War, and continuing
to 1890, three statesmen stand out above them all. The
name of one of them is Benton, of another Blair, and of the
third is Phelps. His influence has reached much farther
than he ever dreamed it would while he was a principal
character in the scenes of his time. It was only last year
that Governor Pinchot of Pennsylvania said that it was his
hope that he as Governor of Pennsylvania might follow
the precepts of his ancestor, once Governor of Missouri,
John S. Phelps.
GOVERNOR JOHN SMITH PHELPS
INAUGURAL ADDRESS
FEBRUARY 8, 1877
From the Journal of the House of Representatives, pp. 5%-59
Mr. President, Senators and Representatives:
Called by the voluntary suffrages of the people from
private life to fill the office of Chief Executive of this great
State, I appear before you to solemnly pledge myself to the
faithful performance of the duties which pertain to that
office.
With the duties and responsibilities of public life in
high and important trusts I have been familiar, and what-
ever of experience I may have had, only the better qualifies
me for the discharge of the important duties which now
devolve on me.
I hope I have a profound regard for the great trust I
am about to assume, of its grave duties and its heavy re-
sponsibilities; and though conscious of my own weakness,
as well as of the magnitude of the charge, I faithfully
promise to dedicate my abilities to the assiduous discharge
of the duties entrusted to me. And to you assembled here
today, and through you to the people of this State, I return
my profound thanks for the high and distinguished honor
which has been conferred on me.
I hope, that during my official career, I shall be en-
couraged in the discharge of my public duties with the
generous confidence and cordial support of the people of
the State.
I trust we are assembled, not as partisans, but as
patriots, with a sincere determination to support the right,
and to condemn the wrong. We are assembled not to carry
out our own wishes, but to respect and speak the voice of
the people, restrained within constitutional limits.
8 MESSAGES AND PROCLAMATIONS OF
For a time the destinies of the people of this State
have been confided to us, and it is to be hoped our delibera-
tions will be characterized by wisdom, patriotism and
justice.
OUR RESOURCES.
Situated in the centre of the Union, the heart of the
great valley of the Mississippi — this State, now the fifth
in population, will exert if wise counsels shall prevail, an
immense influence in the affairs of this Union. We have
but little more than completed the semi-centennial year of
our existence as a State, with a population about three-
quarters of a million less than the thirteen colonies had when
our forefathers declared the people of the colonies free and
independent. With a mild, genial and salubrious climate,
suited to the production of everything, except the products
of the tropics — with a kind and fertile soil, yielding bounti-
fully to the hand of the husbandman — with numerous
deposits of the baser metals more valuable to the miner
and to the capitalist than mines of the precious metals —
with prairie and woodland interspersed — with numerous
springs and rivulets coursing through the State to the
large rivers in and bordering on the State — there is every-
thing in climate, soil, ores and natural products to invite
and induce immigration and capital to our State.
Let us but perform the duty we owe to ourselves and
the people of this State, and we shall rapidly increase in
wealth and population.
PUBLIC EDUCATION.
Besides these natural advantages possessed by us in so
eminent a degree, we can with pride point to our system of
education, commencing with our common schools and
ending with the University of the State.
The colored people, but recently kept in ignorance by
the servitude which enchained them, now have all the ad-
vantages equally with the whites, of our common school
system. And in addition thereto we have established a
GOVERNOR JOHN SMITH PHELPS 9
Normal School — the Lincoln Institute — for the purpose of
educating colored teachers for that race. And it is to be
desired that the colored people shall furnish persons com-
petent and well qualified to teach in the common schools,
where their children are to be educated. This can and
should be done. The Normal Schools, the School of Mines,
the Agricultural College, and the State University have
received, and I trust will continue to receive, the fostering
care and support of the State government.
And here let me say that during the last few years it
has been of frequent remark, that those who preceded us
did not care to see sustained in this State a system of
common schools. This is unjust to the memory of the
true and able statesmen who preceded us.
Long prior to the late civil war a system of common
schools, with provisions equally as wise and beneficent as
those contained in our present laws, was established.
The people of this State increased the taxes 33f per
cent, in order to apportion these taxes to the support of
common schools, in every county in the State. Those
taxes are still continued, and are paid by the people without
a murmur.
Thus, long ago, the common schools were liberally
endowed, and if the system was not as prosperous as at
the present time, it was in part due to its infancy, and the
fact that the State, at that time, was sparsely inhabited.
And for the purpose of encouraging those who desire
to qualify themselves to be teachers, we have established
four Normal Schools. All of these seminaries of learning
have received the liberal support of the State, and will re-
quire and should receive further aid. And another evidence
that the people of this State at an early day manifested a
deep interest in the education of the rising generation, we
point with pride to our State University, established nearly
forty years ago. It has greatly merited and has received the
fostering care of the Legislature of our State, and I trust
the day is not far distant when its reputation as a seminary
of learning will equal the reputation of Harvard or Yale.
10 MESSAGES ANP PROCLAMATIONS OF
AGRICULTURAL COLLEGE,
And in order to teach the application of science to
agriculture, the Agricultural College has been established
as a department of the University. The benefits of this
institution will be manifested as its pupils shall go forth
and engage in the busy pursuits of life.
MINERAL RESOURCES.
And to further aid in developing the great mineral re-
sources of our State, we have our School of Mines. Here
the pupil, besides the other branches of education, is taught
the art or science of mining and mining engineering. How
to sink a shaft and make it secure — how to pursue the lode
or vein of mineral in the most economical and safe manner
— how to analyze the mineral and determine its economical
value, are branches of knowledge important to those who
are engaged in mining, and are taught in this school. Whilst
in this State the precious metals have not been found in
sufficient quantities to justify their working, yet the State
abounds in ores more useful and therefore more valuable.
The inexhaustible mines and mountains of iron in this
State are well known. Iron ore of good quality is found in
many counties, and so abundant is it that we may justly
claim no State exceeds ours in this respect.
The discoveries made in the last three or four years of
lead and zinc deposits have given a new impetus to the
mining of these ores. This branch of industry has greatly
increased, and no pursuit in this State holds out greater
inducements to men of capital, of enterprise and of skill,
than the business of mining. Those who have been en-
gaged in these enterprises have received a liberal return
upon the labor and capital invested.
Coal, so much needed to facilitate commerce and
manufacturing abounds in many counties of the State.
The fuel and raw material required by both the miner
and manufacturer, are almost in contact with each other,
inviting the skill of the artisan to convert them into more
valuable products.
GOVERNOR JOHN SMITH PHELPS 11
We can manufacture at as little cost as it can be done
in other States, and we may confidently look forward to the
time, not far distant, when we shall see manufactories in
every part of our State, adding to its population, wealth
and prosperity.
CHEAP TRANSPORTATION.
The commerce of this State is gradually increasing,
and each year adds to the facilities of transportation, with
diminished cost. Some of the railroads of the State, during
the financial crisis, have been compelled to go into liquida-
tion. New companies have been organized to manage them.
The volume of commerce on the rivers in and border-
ing on the State has greatly diminished, and yet the com-
merce of the State, on the Mississippi and Missouri rivers,
is of immense value.
Transportation by water is cheaper than by railroad,
and until freights shall be carried as cheap by railroad as by
water, the great bulk of our agricultural products may be
carried to market on the wrater routes.
We require cheaper transportation, and demand the
railroads in this State shall not discriminate in their freights
against the interests of our people. This demand is reason-
able and should be granted.
NEW CONSTITUTION.
Since the adjournment of the last Legislature the
people of the State have adopted a newr Constitution.
Many restrictions on the power of the Legislature have
been incorporated in it, and safeguards adopted to insure
pure and wise legislation.
Whilst those safeguards may render the enactment of
laws more tedious and tardy, yet it fastens the responsi-
bility of legislation upon all the members of the Legislature
instead of a few — all now have the opportunity to know,
with no great effort of their own, the contents of all bills
about to be signed by the presiding officers of the two
12 MESSAGES AND PROCLAMATIONS OF
houses, and to observe whether, in their enactment, every
requirement of the Constitution has been obeyed.
It is better to proceed cautiously and be right, than
proceed rapidly, and perhaps be wrong,
We are called upon to adapt the laws of the State to
the requirements of the new Constitution. Many of the
laws require modification that they may be conformable to
it. Many reforms have been introduced in that Constitu-
tion, and legislation is required to give them effect.
The people of this State have sensibly felt the incon-
venience and misfortune of a public debt. To prevent its
increase, or a recurrence of that evil; no debt of magnitude
can be created by the State, or by any municipality unless
with the consent of two-thirds of the voters, at an election
to be held for that purpose.
And in addition thereto, provision must be made for
the levying of a tax for the payment of the interest regularly,
and the payment of the principal within a given time. Had
such provisions been contained in our former Constitutions,
much of the indebtedness with which the State and the
counties are now burdened would not have been incurred;
and whilst we look to this Constitution as the embodiment
of many reforms, let us be careful that in future legislation
we shall introduce reform where reforms may be demanded,
bearing in mind, however, that all amendments of laws
are not reforms.
The people of this State have fixed the maximum of
taxation for its ordinary expenses. In the execution of the
laws for the assessment of property much property is as-
sessed too low, and no inconsiderable amount escapes taxa-
tion altogether. And this disposition to evade taxation is
more strongly exhibited in times of financial distress and
embarrassment
RETRENCHMENT.
Whether the ordinary expenses of the State can be
defrayed with the means obtained by the present rate of
taxation, is a problem now about to be solved.
GOVERNOR JOHN SMITH PHELPS 13
We must economize; we must reduce the expenditures
of our Government. It may be difficult to do so, but it
must be done.
We must bear in mind that the exactions of more taxes
than is necessary for the economical administration of our
Government plunders the people.
Taxation is cheerfully borne when the public exigency
demands it. We should endeavor to place taxation at its
lowest limit. A vast area of our State is uncultivated.
Much of our mineral wealth is not developed. We invite
population. And if to all our sources of wealth and pros-
perity we can, with truth, say the taxes of the municipal
and State governments are low, we offer strong induce-
ments for the enterprising, industrious and intelligent people
to make their abode with us. And if the laws we may
continue on our statute book, and those which we here-
after enact, shall contain wholesome, beneficent and wise
provisions, and if our laws shall be faithfully executed and
impartially administered, with light taxation and economy
practiced in every branch of the public service, we may
expect to see the wealth and population of our State rapidly
increase.
"The world is governed too .much," is an old and trite
saying, and yet true. But few laws are really necessary for
the government and good order of a community. The
frequent change and alteration of laws create confusion
and perplexity, and should therefore, if possible, be avoided.
But the rule should not lead to the continuance on the
statute book of a law whose provisions are unwise, and
which operate in a harsh and oppressive manner. If any
such there be, let the remedy be administered.
The peace and good order of a community depends, in
a great degree on the faithful and impartial execution of
the laws. We have not yet reached the millenium. Human
nature is the same it has been for the last six thousand years.
Crime will be perpetrated, and criminals must be punished.
The certainty and not the severity of punishment deters the
commission of crime.
14 MESSAGES AND PROCLAMATIONS OF
EQUAL RIGHTS.
The laws we enact are for the benefit of all, and to
operate alike on the high and the low, the rich and the poor.
So in the execution of the laws no distinction should be
made. Within a few years past, freedom, the right of
suffrage, eligibility to office, and in short the same civil
rights the white man enjoys have been conferred on the
colored race.
No one seeks to deprive the colored man of the rights
he enjoys, and if the attempt should be made it would be
futile. Equality of civil ,and political rights will continue
as long as this government shall endure. The laws are as
much for the benefit and protection of the one as for the
other, and must be executed and enforced on all alike. I
promise, as the Chief Executive of this State, to execute
the laws faithfully and impartially, regardless of all con-
siderations, except what right and justice demand.
REVISION OF LAWS.
To comply with the requirements of the Constitution,
a revision of the laws of a general and a public nature must
be made by this or by the next Legislature.
I recommend provision be made for the appointment
of a committee or a commission of able jurists, who shall
prepare a revision of our laws, and make report of the
same to the Secretary of State prior to the meeting of the
next Legislature.
It will be advisable to authorize the Secretary to have
the report printed, so that it may be distributed to the
members of the Legislature at the commencement of the
session. In this manner the task of the revising Legislature
will be greatly lightened and its labors much reduced.
PURITY OF THE BALLOT BOX.
Our government being based on the will of the people,
expressed in a legal manner, every safeguard which can be
devised to secure a free and fair expression of the voice of
the people, and to preserve the purity of popular elections
GOVERNOR JOHN SMITH PHELPS 15
should be adopted. Both parties ought to be represented
by the officers whose duty it shall be to manage and conduct
elections. Those officers are the guardians of the ballot
box, and through it the will of the people is expressed. Any
act on the part of such officers to thwart or to pervert the
will of the people is an inexcusable crime. Such acts strike
at the safety and perpetuity of our government, and ought
to be promptly and severely punished. It appears from some
judicial proceedings in this State, that probably local of-
ficers of elections have in some instances been guilty of the
grave offense of attempting to subvert the will of the people
by various fraudulent contrivances. If the laws prohibiting
frauds in elections do not include such cases then provision
should be made to punish such offenses.
PRESIDENTIAL ELECTION.
A greater interest was manifested in the recent election
for President than was ever before exhibited. This is at-
tested to by the large vote given in that election, the aggre-
gate popular vote exceeding that which was given four
years ago nearly two millions. But notwithstanding
the election took place two months ago, and the electors
cast their vote for President and Vice President one month
ago, many are unwilling to submit to the popular will. It
is true the electoral votes have not yet been counted by the
proper authority. No Government resting upon the will
of the people can give the confidence and stability essential,
not only to the material prosperity of the country, but to
its perpetuity and well being, if that will is endangered or
subverted. It is therefore a solemn duty devolved upon
each citizen to insist that despite frauds or partisan schemes,
those whom the people have chosen to the highest executive
offices shall not be prevented from occupying the posts of
duty to which they have been fairly elected. Nd State in
the Union tvill, more loyally than Missouri, submit to and
uphold whateVet Federal administration shall be con-
stitutionally established; and the citizens of this State, irre-
spectiv6 of personal or partisan preferences, demand thstt
16 MESSAGES AND PROCLAMATIONS OF
whoever have been constitutionally chosen President and
Vice-President of the United States, shall be duly inaugu-
rated as such, despite all factious or revolutionary schemes,
no matter by whom contrived or by what means sought to
be enforced.
The duty, under the Constitution of the United States,
evidently devolves upon some tribunal to determine in
cases of fraud or doubt who have been elected to the
highest executive offices of our common country. In the
absence of the required majority, the House of Repre-
sentatives has to choose from the three candidates receiving
the largest number of electoral votes. If the President
pro tempore of the Senate is to count the electoral votes and
decide upon all contested cases, then as that officer is the
creature of the Senate, the latter branch of Congress, and
not the House of Representatives will virtually elect the
President when the people shall have failed to make a
choice, or when through partisan or other reasons he chooses
to decide that no choice has been made, or to receive or to
reject the electoral votes of one or more States. Even in the
ordinary conduct of private affairs fraud and chicanery are
not permitted to prevail, and shall it be maintained that
they are to be successful in defeating the expressed will of
the people, through arbitrary or technical forms, without
the power anywhere to prevent the attempted outrage?
It is evident the Senate and House are not mere wit-
nesses of the formal opening of the certificates, but that
each, with equal power to act, must concurrently determine
what electoral votes are to be counted, and that without
such concurrent action disputed votes must stand rejected.
On no other theory can the two Houses of Congress uphold
their true position under the Constitution, which requires
that each shall concur before any act, legislative or other-
wise, within Congressional authority, shall be successful or
obligatory. This is the more obvious from the fact that
the power of independent action is called into potential
existence only when by concurrent action it has been de-
termined that no choice for President or Vice-President
GOVERNOR JOHN SMITH PHELPS 17
has been made. Then for the first time under the Consti-
tution is there a separate and distinctive duty devolved on
each branch of Congress; the Senate as such, to elect a
Vice-President, and the House, a President of the United
States. The true theory of the Constitution calls, therefore,
for concurrent action, without which no result is obtained
with the single exception named; and the separate powers
of each arise for the first time, and only when by concurrent
action there is a failure to decide who are the chosen of the
people. It therefore follows that the duty is constitu-
tionally devolved, not on the President pro tern, of the
Senate, but solely upon the two Houses of Congress, to
determine what electoral votes are to be counted, and then
to count the same, and in the event of their failure to concur
as to any disputed vote, that the same must stand un-
counted or rejected, because, in the judgment of Congress,
they are votes not cast by electors duly appointed within
the meaning of the Constitution.
The next inquiry would then be whether any candi-
dates had received a majority of the votes thus solemnly
determined to be the only ones cast which could, under the
Constitution, be considered. In other words, when by such
action of the Senate and House of Representatives, it has
been decided what votes are alone to be counted, the ma-
jority of those votes must determine the election. Should
no candidate receive such majority, then the independent
action of each branch of Congress is evoked, the Senate to
elect the Vice-President, and the House of Representatives
the President.
Such seems to be the only sound interpretation of the
Constitution with respect to possible contingencies, should
both the Senate and House fail in the result. It is to be
hoped no such grave contingencies will arise, and why
should any disturbing elements exist?
The full and evident expression of the popular will as
to the Executive administration of national affairs during
the next four years should have silenced all controversy as
to the intelligent wishes of the American voters; no possible
18 MESSAGES AND PROCLAMATIONS OF
room for cavil can exist, nor can there be as to numerical
and constitutional majorities, unless fraud and chicanery
are to prevail. The reverence for constitutional law, upon
which our liberties rest, the moral sense of every con-
scientious citizen, and the dictates of right, justice and im-
partiality, demand that the will of the American people
shall not be thwarted through any technical or fraudulent
schemes, no matter by whom or how ingeniously devised,
nor by whom or how sought to be enforced. There is in
the popular will a power greater fhan fraudulent or tem-
porary success, and it is hoped too great even for transient
triumph.
Missouri as a powerful and loyal State of our common
Union, seeking the development of her vast internal re-
sources, and contributing by such developments to the
aggrandizement also of her sister States, wishes continued
peace and repose, so that through her undisturbed indus-
tries all may speedily recover from the disasters of the
past, and the paralysis of the present time. Let justice,
honesty and right prevail. Missouri asks this, and asks
nothing more, and ought to be content with nothing less.
The occasional triumph or defeat of political parties
under our system of government, however important for
the time, sinks into utter insignificance in comparison with
even a temporary overthrow of constitutional right and
justice. Let fraud, intrigue or chicanery pollute the ballot-
box, or stalk unrebuked into Returning Boards or Congresses,
and American liberty, as identified with popular govern-
ment, will soon disappear. Every State and every citizen
has a common interest in the vindication of the popular
will, in upholding right and justice, and in maintaining
constitutional law and liberty.
Such questions are above all partisan views, and sum-
mon the highest, purest patriotism of a people to the rescue
of the imperilled country.
Invoking the aid of Divine Providence to guide and
support our rulers, State and National, in their respective
pathways of duty, may all questions now seriously affecting
GOVERNOR JOHN SMITH PHELPS 19
the welfare of our State and our common country, be
amicably and speedily settled.
May that love of country prevail which will overcome
all sectional strife, develop our vast resources for the gen-
eral good, and through patriotic fervor, bind more closely
and firmly all portions of the Union in fraternal and en-
during bonds, to the end that law and liberty may be the
common lot and inheritance of the American people, now
and forever.
[JOHN S. PHELPS]
20 MESSAGES AND PROCLAMATIONS OF
FIEST BIENNIAL MESSAGE
JANUARY 9, 1879
From the Journal of the Senate, pp. 8-89
Senators and Representatives:
I welcome you to the field of your arduous labors. An
appreciative and intelligent constituency, whose voice you
will speak on the important questions which will come
before you, will anxiously await the results. The provi-
sions of the Constitution limit and restrict the powers of
the Legislature. The great object has been to restrict
legislative action, unless it can be general and not special.
Hence local and special legislation has been prohibited.
If a statutory enactment shall be beneficial to the people
of this county, it is presumed it will be beneficial to all the
people of this State. There has been a great change in
public opinion on this subject within my recollection. In
former years it was said that people would not invest their
money in manufacturing and other enterprises, unless those
engaging in the business could obtain a special charter of
incorporation; and when a general law was advocated, in
order to dispense with such special legislation, it was argued
no one would risk his capital, when the general law was
subject to change or repeal by a subsequent Legislature.
Those urging such objections to general laws for incorpora-
tions had little or no faith in the capacity of the people to
govern themselves. Special laws creating corporations are
prohibited; and in those States whose constitutions on that
subject are similar to our own, many corporations exist,
formed under a general law. So incorporations under the
general law are created every day in the State. I refer to
those provisions of our Constitution which prohibit local
and special legislation, so that the General Assembly, as
well as the Chief Executive of this State, may not, in the
great desire to serve the people, be unmindful of these
GOVERNOR JOHN SMITH PHELPS 21
salutary provisions. The Governor is required, at the
commencement of each session of the General Assembly, to
give information of the condition of the affairs of the State.
The condition of the Treasury is a subject of grave impor-
tance, and hence I speak of it first.
THE TREASURY.
The Constitution contains the following provisions
relating to the duties of the State Treasurer:
"All moneys now, or at any time hereafter, in the
State Treasury, belonging to the State, shall, immediately
on receipt thereof, be deposited by the Treasurer to the
credit of the State, for the benefit of the funds to which
they respectively belong, in such bank or banks as he may,
from time to time, with the approval of the Governor and
Attorney-General, select, the said bank or banks giving
security satisfactory to the Governor and Attorney-General,
for the safe keeping and payment of such deposits, when
demanded by the State Treasurer on his checks; such bank
to pay a bonus for the use of such deposits not less than the
bonus paid by other banks for similar deposits; and the
same, together with such interest and profits as may ac-
crue thereon, shall be disbursed by said Treasurer for the
purposes of the State, according to law, upon warrants
drawn by the State Auditor, and npt otherwise."
From the time of the incorporation of the Bank of the
State of Missouri, and until it ceased to exist as a State
bank, it was the financial agent of the State. The State
had, in its own right, and of trust funds, stock in that
bank to nearly the amount of one-third of its capital stock,
and, by law, moneys of the State were deposited in it.
Whatever advantages resulted to the bank by reason of
deposits of the moneys of the State, were shared by the
State in proportion to its stock in that bank. When that
bank ceased to exist as a State bank, there was no law re-
quiring any moneys of the State to be deposited in any
bank nor that the State Treasurer should seek to obtain
interest on the money of the State for its benefit, by de-
22 MESSAGES AND PROCLAMATIONS OF
positing it with any banking institution whatever. The
duty of the Treasurer with respect to the safe-keeping of
the treasure of the State is tersely defined. The law reads:
"The Treasurer shall receive and keep all the moneys of
the State not expressly required by law to be received and
kept by some other person." The law did not require him
to keep the money in the safe pr vault; it did not require
him to deposit it with any bank, nor with any other moneyed
institution, nor was he required to deposit that money
where interest could be obtained for the benefit of the
State; nor was he prohibited from depositing the money
in banks. The law left it to the discretion and judgment
of the Treasurer alone, with no interference or supervision
by any other person or persons, to determine for himself
how and where he would "keep the moneys of the State."
The Auditor had no authority to direct how and where the
Treasurer should keep the moneys of the State. The
Treasurer is required to render to the Auditor a just and
true account of all moneys received and also of all moneys
disbursed, and stating under each head of appropriation
what disbursements have been made, and to render his
accounts to the Auditor for settlement quarterly, or oftener
if required. But this does not give the Auditor the power
to require the Treasurer to state where he keeps the money
of the State — whether it is in the vault in the Capitol, or
whether it is deposited with any, and if so, with what,
banking institution. Nor did the Governor ever have,
nor has he now, such supervising power. The executive
officers are required to perform such duties as may be re-
quired by law; but the fifteenth section of the tenth article
of the Constitution required of the State Treasurer other
duties than those then prescribed by statute law. He is
required to deposit the funds of the State in the bank se-
lected by him, with the approval of the Governor and At-
torney-General; and he is to require security satisfactory to
the Governor and the Attorney-General for the safe-keeping
and payment of such deposits. The attention of the last
Legislature was called at an early period of the session to
GOVERNOR JOHN SMITH PHELPS 23
the necessity of legislation to carry into effect the pro-
visions of the Constitution. The subject-matter was re-
ferred in the Senate to a select committee, composed prin-
cipally of lawyers. That committee, in the month of
January, made its report and designated many sections of
the Constitution which, in their opinion, required legislation
to carry them into effect, and, amongst other sections,
designated Section fifteen of Article ten. The Senate
adopted that report, and thereby adopted the opinions of
that committee, and that section of the Constitution,
amongst others, was referred to the Committee of Ways
and Means, with instructions to report suitable bills. The
opinion of the Attorney-General was sought. He was re-
quired to inform the Senate whether, in his opinion, that
section of the Constitution was "self-executing." After
referring to the various statutes defining the duty of the
Treasurer, and quoting from the speeches of the members
of the Constitutional Convention, wherein they held that
this section would require legislation to enforce it, he gives
it as his opinion that the several statutes which he cited
relating to the duties of the State Treasurer are inconsistent
writh the requirements of Section fifteen, Article ten, and
that it is not self-enforcing, but legislation is necessary to
carry it into effect.
The following is an extract from his reply to the reso-
lution of the Senate requesting whether, in his opinion,
this section of the Constitution was self-executing:
"Now, suppose that the Treasurer should select one or
more utterly insolvent and worthless banks, or any one or
more banks in a foreign State, and the Governor and At-
torney-General should refuse to approve the selection, and
the Treasurer should decline to make a further selection,
what would be the result? There is no requirement of the
Constitution, or of any statute, that the Treasurer continue
to make such further selection of a bank or banks until the
Governor and Attorney-General shall approve a selection;
there is no statute imposing any penalty upon the Treasurer
for his failure to perform his duty in this particular; there
24 MESSAGES AND PROCLAMATIONS OF
would be no solution of the difficulty in the law, and the
Treasurer would retain the funds as if said constitutional
provision had never been adopted. Or, suppose that the
Governor and Attorney-General should approve the selec-
tion made by the Treasurer, of a bank or banks, and such
bank or banks were unable to give security, satisfactory to
the Governor and Attorney-General, for the safe-keeping
and payment of the State deposits, and the Treasurer should
refuse to select any other bank or banks, how could the
said section, in such case, be made effectual, unless the
Legislature provides a statute that shall prescribe the de-
tails for the carrying into effect of this provision, with
suitable penalties to compel the observance of said con-
stitutional provision, and the statutes enacted in pursuance
thereof? Again, what sort of security must the Governor
and Attorney-General take for safe-keeping and payment
of such deposits? Must it be a bond with personal security
thereon, and if so, to whom shall the bond be given, and what
are to be its conditions? Must it be given to the State, or
to the Treasurer, or to the Governor and Attorney-General?
Must the Governor and Attorney-General take real estate
security, or bonds and choses in action, and if so, who is to
have the custody and control of these securities? Ought
there not to be some statute defining the duties, not only
of the Treasurer, but of the Governor and Attorney-Gen-
eral, in this matter? Is the Treasurer at liberty to select
his bank or banks of deposit for the State funds in any
State or Territory that he may select? or is he restricted in
such selection to the banks of this State? If the Governor
and Attorney-General are authorized to take a bond, with
personal security, for the safekeeping and payment of the
State deposits, must the sureties on the bond reside in this
State, or can they, in case of a selection of a foreign bank or
banks, take non-resident sureties on the bond of such bank
or banks, given for the safe-keeping and payment of the
deposits?
"These matters ought to be regulated by statute, be-
cause if a foreign bank should fail in the safe-keeping and
GOVERNOR JOHN SMITH PHELPS 25
payment of such State deposits, the State ought not to be
required to go into the courts of a foreign State to recover
said deposits.
"These suggestions, and others that might be named,
demonstrate the proposition that the said section fifteen of
Article ten can not be certainly enforced without the aid of
statutory detail providing the manner and means for that
purpose."
The House of Representatives, by resolution, requested
the Treasurer to inform the House how much money there
was in the Treasury, and where the same was deposited or
kept. He replied the money of the State was deposited
and kept as follows:
Bank of St. Joseph, Mo $1 ,034,998 42
National Bank State of Missouri 99 ,246 54
National Exchange Bank, Jefferson City 2,180 51
In vault 19 ,020 69
Total SI, 155,446 16
The Treasurer named the several funds to which the
money belonged. He also says:
"I further state that, inasmuch as there is no statutory
law giving effect to Section 15, Article 10 of the Constitu-
tion, I have not observed the requirements of the same,
but have the various funds in my custody so situated that
I can subject the same to the requirements of any legisla-
tion that may be adopted for the government of the Treasury
Department. I may further state that I have taken a bond
from the Bank of St. Joseph, for my own protection, for
one million dollars. Believing that the present General
Assembly would, at an early day, enact laws enforcing the
Constitution, the funds in my custody have been tem-
porarily deposited in the foregoing banks for safe-keeping,
and no interest has been paid for the same/'
Bills to carry into effect the provisions of Section 15,
Article 10, were introduced and were passed by each house
of the General Assembly, but they differed in their pro-
visions. The Legislature failed to enact any- laws to carry
26 MESSAGES AND PROCLAMATIONS OF
into effect the provisions of said Section 15, to regulate the
deposits and safe custody of the public moneys. The State
Treasurer was then left to be governed by the statute law
in the discharge of his official duties.
The Treasurer gave his official bond as required by
law in the sum of one million of dollars, with eleven sureties,
a portion of whom justified to the amount of $1,550,000,
w^hich bond was filed with the Secretary of State, with my
approval of the same indorsed thereon. If the sureties of
the Treasurer should become insolvent, or remove from the
State, nowhere is the authority given to the Governor, or
any other officer, to require a new bond or additional se-
curity to be given. It is true, such request might be made,
but there is no power or authority to coerce a compliance,
or penalty for non-compliance. Nor has the Governor the
power to remove the Treasurer for a failure to perform the
duties enjoined on him. Nor would it be right to vest in
the Governor alone the power to remove him, or any other
officer, at his pleasure. Nor is there any authority con-
tained in the Constitution, nor in the law, by which the
Governor can require the Treasurer to perform the duties
named in section 15 of the 10th article of the Constitution,
and whatever is to be done under that provision of the Con-
stitution requires the Treasurer to take the initiative.
The Treasurer never consulted me or advised with me about
placing the public funds in the bank of St. Joseph, or in the
Mastin Bank, nor in any other bank prior to the failure of
the Mastin Bank. During my absence from the State in
1877, the Treasurer sought to carry out the provisions of
the Constitution with respect to the deposits of the public
money. One bank only submitted a proposal, and that was
accepted in July, 1877. That bank was requested to fur-
nish satisfactory security for the safe-keeping and payment
of such deposits. The request was disregarded by the
bank, and no security whatever was offered, and conse-
quently no deposits by the State were made in it. This
transaction occurred during the time of my absence, and
GOVERNOR JOHN SMITH PHELPS 27
whilst Lieutenant-Go vernor Brockmeyer was discharging
the duties of Governor.
In the month of August, 1878, the Mastin Bank failed,
and its assets \vere placed in the hands of its assignee. At
the date of its failure the State Treasurer claimed to have
to his credit in that bank the sum of $506,187.80, moneys
of the State. To secure the payment of his deposits in
that bank he had taken the bond of the bank in the sum of
one million dollars, with sureties, and also some collaterals
which he had received from some of the sureties on the
bond. A portion of these collaterals have been surrendered
to the parties who had pledged them, and he has received
in cash the sum of $220,000, which reduces his demand
against that bank to the sum of $286,187.80.
During the last fall proposals were again invited from
banks for the payment of a bonus for the use of the money
of the State. Several banks submitted propositions. The
proposals of the Bank of Commerce, of the city of St. Louis,
for all, and of the National Exchange Bank, of Jefferson
City, for $50,000, of the money of the State, being the
best and most advantageous offers to the State, were ac-
cepted by the Treasurer, with the approval of myself and
the Attorney-General, and both of these banks gave se-
curity to the satisfaction of the Treasurer, the Attorney-
General and myself. Those banks have each deposited
bonds of the United States or of this State, or both, with
trustees in the city of New York, to secure the faithful per-
formance of their part of the contract. Such is their agree-
ment, and the Treasurer has been notified that stocks of
such description have been deposited with the trustees, as
was stipulated. But, it is respectfully submitted, if banks
are to hypothecate stocks of any description, either of the
United States or of this State, as security for the safe-
keeping and payment of the deposits of the State, un-
doubtedly those banks would prefer the sale — if sale should
take place of these securities — should be made in the city
of New York, instead of St. Louis. If the sale is to be made
by a trustee, it is desirable that trustee should be amenable
28 MESSAGES AND PROCLAMATIONS OF
to and within the jurisdiction of the courts of this State, and
that the State should not be compelled to resort to the
courts of a foreign jurisdiction for redress. If default by
the banks which now have the deposits should occur, and
if the trustees of the banks and of the State should neglect
or fail to discharge the trusts they assumed, I have no
doubt the present Treasurer, Attorney-General and Execu-
tive would be censured for permitting trustees to be se-
lected who resided beyond the jurisdiction of this State;
and if the propositions of the deposit banks had not been
accepted, the executive officers would have been censured
for not accepting the propositions, notwithstanding the
trustees were non-residents of this State,.
Copies of the contracts with these banks and the
Treasurer will be submitted to you by him with his report,
and I also respectfully refer you to the report of the Treas-
urer for further information respecting the transactions
of his department.
The Treasurer, as I am informed, did, shortly after
the failure of the Mastin Bank, institute suit against the
bank and its sureties on the bond held by him, for the re-
covery of the money deposited in that bank. No legal
proceedings have been directed by me to be commenced
against the Treasurer on his bond, because it is believed
the right of the State to institute suit will not accrue, under
existing laws, till the Treasurer shall be required to give a
new official bond. In the transactions of the Treasurer
with the Mastin Bank, it is charged he has violated the
criminal law. Indictments were found against him at the
last October term of the Criminal Court of Jackson county,
charging him with receiving benefits and advantages from
the deposits of money of the State made in the Mastin
Bank by him. The indictments, I am informed, were
framed upon the 44th section of the 3rd article of "Crimes
and Punishments." As soon as I was informed such
indictments were pending, I directed the Attorney-Gen-
eral to assist John L. Peak, Esq., the prosecuting at-
torney of Jackson county, in the management and trial
GOVERNOR JOHN SMITH PHELPS 29
of these cases, as well as in the trial of some indictments
which were preferred against the late Treasurer of this
State for a violation of the same la\v. I regret the State
was unable — by reason of the absence of witnesses — to pro-
ceed in the trial of these indictments against the Treasurer
at the last term of this court. If the Treasurer is guilty as
charged, or has violated any other law, let him be punished.
The Executive will screen no one from punishment. The
laws of the State shall be enforced against all alike, whether
in public or in private life. But, as an act of justice to the
Treasurer, it is proper that I should state the Treasurer de-
manded a speedy trial.
RENEWAL FUNDING BONDS.
Bonds of this State to the amount of $838,000 fell due
at different periods in the year 1877, and bonds to the
amount of $490,000 fell due in 1878. The act of March
29th, 1875, provided for the issue of new bonds, and the
proceeds of those bonds were directed to be applied to the
payment of bonds of this State issued in the years 1855,
1856 and 1857. Those bonds were redeemable at the
pleasure of the Legislature at any time after the expiration
of twenty years from their date. But, by the act referred
to, it was declared those bonds should be redeemed at the
expiration of twenty years from their respective dates.
The bonds which fell due in 1878, fell due in the months of
March, April, May, August, October and December. By
the terms of this act no bonds could be issued at a later date
than the year 1877. The Constitution provides there shall
be an annual tax levied and collected, sufficient to pay the
accruing interest upon the bonded debt of the State, and to
reduce the principal thereof each year not less than $250,000.
The attention of the legislature was called to the fact that
whilst at least $250,000 was required to be annually set
apart for the extinguishment of the bonded debt of the
State, there would fall due in 1878, $490,000 of bonds.
This would be in excess of the amount required to be placed
in the Sinking Fund, and without a considerable increase
30 MESSAGES AND PROCLAMATIONS OF
in the revenue, this sum could not be paid without additional
legislation. No additional legislation on that subject was
had. The amount of $1,328,000 of bonds fell due in 1877
and 1878, and there was no probability the State would be
able to pay more than the sum of $250,000 annually, as
required by the Constitution. It was then apparent that
as, under the act of March 29th, 1875, the only bonds which
could be funded were those which fell due in 1877, there
would be a necessity to convene the Legislature to provide
for the exigency, or to fund the bonds which fell due in that
year. The latter course was adopted. My predecessor
stated to the General Assembly, in his message, "that in
1877 there will be to fund $588,000, in 1878, $240,000, and
none during the following four years. As, under the act of
March 29th, 1875, only the bonds falling due this year can
be funded, you will have to provide by a new act for funding
the excess, $240,000, for 1878." It was apparent to him that
the State would be compelled to fund in the years 1877 and
1878 the sum of $828,000 of its bonded debt, of the $1,328,000
of bonds which fell due in those years. The bonds were
issued to aid in the construction of the roads hereinafter
mentioned, and fell due at the time stated:
STATE BONDS MATURED IN 1877.
March 17, St. Louis and Iron Mountain $99,000
April 13, St. Louis and Iron Mountain 68,000
May 18, North Missouri Railroad 106,000
August 1, North Missouri Railroad 146,000
August 12, Cairo and Fulton Railroad 45,000
October 17, Cairo and Fulton Railroad 43 ,000
December 7, Pacific Railroad, (S. W. B.) 331 ,000
Total in 1877 $838,000
STATE BONDS MATURED IN 1878.
March 4, Pacific Railroad, (S. W. B.) $146,000
June 2, Pacific Railroad, (S. W. B.) 54,000
June 21, Pacific Railroad, (S. W. B.) 66,000
October 16, Pacific Railroad, (S. W, B.) 64,000
October 26, Pacific Railroad, (S. W. B.) 71 ,000
Nov. 29, Pacific Railroad, (S. W. B.) 52,000
Dee. 1, Cairo and Fulton Railroad 37,000
Total in 1878 $490,000
GOVERNOR JOHN SMITH PHELPS 31
In the month of April, 1877, the Fund Commissioners,
in accordance with the provisions of the funding act of
March 29, 1875, by public advertisement, in the manner
prescribed by that act, invited proposals for the purchase
of an amount of the bonds of this State not exceeding
3838,000. The advertisement was so framed that if the
Legislature should make other provisions for paying the
State debt which fell due in 1877 and 1878, they would not
be required to sell more bonds than they might deem ad-
visable. At the time named in the advertisement — in
the month of May — the bids for those bonds were publicly
opened by me, in the presence of the Fund Commissioners,
such bidders as chose to be present, and other persons.
The Legislature having adjourned without making provi-
sion for the redemption of the bonds which fell due in 1878,
which were in excess of the amount required by the Con-
stitution to be redeemed, the Fund Commissioners did, by
my advice and consent, direct that $838,000 of bonds should
be issued, that number having been found necessary to
pay maturing bonds of the State. It was found that one
party proposed to pay $4.066 premium per hundred for
$100,000 of bonds, and his bid was accepted. The bids for
the other bonds, being at the rate of about 2 Yz per cent,
premium only, were, by the Commissioners, on my advise,
rejected. It was deemed not advisable at that time to re-
advertise, but to await proposals for private sale. Such
proposals were made shortly thereafter, and accepted by
the Commissioners, with my full approval. $738,000 of
bonds were sold at a premium of $3.235 per $100, that being
the highest and best offer. The total premiums received
upon the sale of all those bonds was $28,051, which was
carried to the Sinking Fund, and was at the rate of more
than 3J4 per cent, premium. I was convinced it was the
best price which could then be obtained.
32 MESSAGES AND PROCLAMATIONS OF
ADDITIONAL REVENUE NEEDED.
At the last session of the Legislature, when the tem-
porary loan of $250,000 was recommended, by me, I ad-
vised steps should then be taken to increase the revenues
so that the loan should be paid at its maturity from such
increase. For this purpose I recommended a poll-tax of
one dollar be imposed on every male person over the age of
twenty-one, and if this had been done, the loan then au-
thorized would have been paid, principal and interest, by
the revenue from that source. If a poll-tax of one dollar
shall be imposed, and the same authority to collect it which
the collector now has for the collection of the tax on per-
sonal property, I estimate $300,000 would be collected, and
the poll-tax, if authorized, can be added to the assessment
list: and placed on the tax-book for this year. More revenue
must be raised and expenses must be reduced. But little
revenue is derived from dram-shop licenses, and I am
satisfied the quantity of spirits used as a beverage has not
been diminished much, if any, within the last few years.
I recommend the minimum tax to be levied on each dram-
shop, for State purposes, be not less than $50 for every
period of six months, (minimum tax is now $25,) and that
no county, city or town shall impose a greater tax than the
State imposes for a dram shop license. There are dram-shop
keepers who pay only from $50 to $100 per year for State
purposes, and who pay several hundred dollars to the city
or town treasuries for a dram-shop license. You are as well
able to estimate as I am, whether the property of the State
will be valued as high for the collection of taxes this year
as for the preceding years. The State is slowly increasing
in population, but the value of property has been greatly
depressed for the past few years. There are good reasons
to believe this period of depression of values has ceased,
and that we shall now have prosperous times. Within this
State, in the last year, nearly 200 miles of railroad have
been put in operation, and means are now being raised to
speedily build other railroads in our State. Such improve-
ments increase the value of property, add wealth to the
GOVERNOR JOHN SMITH PHELPS 33
country, and invite and induce immigration. It is not a
pleasant task to invite you to increase the taxes to be borne
by the people of the State. But when we consider that the
amount of taxes paid to the State is only 40 cents on the
$100, it shows the taxation for State purposes is light. The
onerous taxes which the people of this State pay are the
county taxes, and taxes for the erection of splendid edifices
for schoolhouses, and interest on county or school indebted-
ness, recklessly created several years ago, before the great
shrinkage of values. The old maxim for all governments,
national, State or municipal, is "to pay as you go," and this
has been signally disregarded.
The expenditures for the first six months of this year
will be very large, and some of them will not occur next
year. The pay of the General Assembly is estimated at
$115,000; its contingent expenses, $50,000; paper for print-
ing, printing reports and documents ordered by the General
Assembly, printing journals, and printing and binding the
revised code and session acts, $50,000, (a total of $215,000;)
the temporary loan, $250,000; and the 25 per cent, of the
revenue fund to be paid to the "public school fund," or
State School Moneys, in the month of March, and the in-
terest on the State bonds and certificate of indebtedness
held by the State as trustee for this fund, will all amount
to about $537,000, which will be drawn from the Treasury,
principally in the month of April. The amount paid out of
the "public school fund," or State School Moneys, for the
corresponding period of time last year, was $537,306.47.
These sums will aggregate one million, one thousand three
hundred and six dollars, which the State may be called on
to pay on or before the first of July next. The receipts of
the revenue during the first six months of this year, together
with the balance of the revenue fund, if all of it shall be
available, will be insufficient to meet these demands. The
temporary loan of $250;000 must be renewed or extended
for a longer period of time. The important duty devolves
on you to dimmish the expenses of the State, to increase its
revenues, and to provide for the renewal of the temporary
2
34 MESSAGES AND PROCLAMATIONS OF
loan. In such measures as you may devise to accomplish
these objects, or any other measures for the welfare of the
people of the State, you will have my concurrence and
cordial co-operation.
PUBLIC SCHOOL FUND.
The Public School Fund is invested in the bonds and
certificate of indebtedness of this State, all bearing six per
cent, interest, the income of which, with 25 per cent, of
the general revenue of the State, is applied to the support
of public schools. This fund is invested as follows:
Bonds of this State $2,009,000.00
Certificate of indebtedness 900,000.00
Cash in Treasury 457 . 11
Total $2,909,457.11
The bonds of the State belonging to this fund are in
the custody of the Treasurer. There is nothing to show
upon their face that the bondfc belong to the State. All of
them are coupon bonds, the title to which passes by delivery.
If these bonds should be improperly put in circulation, and
come into the hands of an innocent holder, I suggest for
your consideration whether the State would not be morally
bound for their payment. Let us obviate all such questions
when it can be so easily done. Direct that all of the coupons
shall be destroyed, the bonds canceled by defacing them,
and that fact be made of record in the offices of State Auditor
and State Treasurer by a description of the bonds and the date
they shall become due. Issue certificates of indebtedness
to the Public School Fund, bearing interest at the rate of
6 per cent, per annum, and in such amounts as will cause
the certificate to become payable at the time the bonds
would have become due, and in such manner that the public
debt shall not be increased, in violation of the Constitution.
Let provision be made that when the certificate shall be
redeemable, bonds of the State shall be purchased for this
fund, and when delivered to the Treasurer they shall, in
like manner, be canceled and certificates of indebtedness
issued.
GOVERNOR JOHN SMITH PHELPS 35
SEMINARY FUND.
There are $122,000 of the bonds of this State, bearing
six per cent interest, in the custody of the State Treasurer.
They are coupon bonds, with nothing upon them to denote
they are the property of the State. I recommend these
bonds be canceled and certificates in lieu thereof be issued,
in the same manner and subject to like conditions with the
certificates by me recommended to be issued for State bonds
held by the Public School fund.
STATE INTEREST AND SINKING FUNDS.
The State Interest fund consists of a tax of one-fifth
of one per centum per annum levied and collected on al]
property subject to taxation. By the provisions of the
Constitution, the proceeds of the tax shall be applied to the
interest on bonded debt of the State as it shall mature, and
the surplus, if any, shall be paid into the Sinking fund, and
thereafter be applied to the redemption of the bonded
indebtedness of the State. It is also provided the amount
paid into the Sinking fund shall be at least $250;000 an-
nually. The Fund Commissioners have paid the interest
on the public debt to the 1st of July last, and have for-
warded to the National Bank of Commerce, of New York,
an amount sufficient to pay the interest on the bonded debt,
payable in that city on the 1st of this month. And there
has been paid out of the Sinking fund, in the last two years,
$535,000, for the redemption of the public debt. Part of
this money was applied in payment of twenty bonds, with
interest, which have not heretofore been reckoned as a part
of the debt of the State. The indebtedness of this State
on the 1st of January, 1877, was $17,268,000, instead of
$17,248,000. The indebtedness of the State on the 1st of
January, 1879, was $16,758,000, not including the contingent
liability of the State on account of $3,000,000 of bonds
loaned to the Hannibal & St. Joe Railroad Company.
This amount does not include the temporary loan of $250,000
which falls due this year. From the present date to the
year 1886, only $442,000 of the bonds of the State will
36 MESSAGES AND PROCLAMATIONS OF
become due, and the larger part of the amount to be placed
in the Sinking fund will be applied to the purchase of bonds
before they shall have matured.
RATE OF INTEREST.
In such times of pecuniary embarrassment as we have
experienced the last four or five years, and as we are now
experiencing, distrust of the solvency of our business men
is engendered. Money is, for that reason, difficult to be
obtained, and is often loaned at rates exceeding those
authorized by law. At this time, in portions of our country,
money is plenty, and when loaned, is seldom loaned at rates
above seven per cent., and oftentimes for a much less rate.
The bonds of the United States, which bear but four per
cent, interest, are sought for eagerly. Under existing laws,
these bonds have another value besides the long time before
they mature, and the punctuality and certainty of payment.
It is that they are exempt from State and municipal taxa-
tion, which is estimated in the principal cities of the Union
where capital is concentrated, as equal to two per cent, per
annum. I advise the rate of interest be reduced to six or
seven per cent, per annum, and that our laws of usury shall
be so changed that the defense of usury shall be of some
avail and benefit to the unfortunate debtor. The penalties
for usury in this State are made to encourage the loaning
of money beyond the lawful rate of interest. In short, our
interest law has been enacted in the interest alone of the
lender, and not with a due regard to that which is right to
both borrower and lender. It is often said that men should
be permitted to contract for the use of money at such rate
as they may please to give, and that no tribunal should
annul or invalidate contracts. This proposition goes too
far, and if carried to its full extent, then all gaming con-
tracts should be enforced and not be declared void.
But the Legislature fixes the rate of interest which it is
lawful to receive for the loan of money, and has the right
to declare contracts void made for a greater rate of interest
than that authorized by law. In this connection I must
GOVERNOR JOHN SMITH PHELPS 37
say the lenders of money in some manner evade the payment
of taxes on the money they have loaned. Violating the
law relating to interest by exacting more than the law per-
mits them to take, their next evasion or disregard of law
is to screen their notes from taxation. There are counties
in this State where the recorder's office will show thousands
of dollars loaned, and the payment secured by deeds of
trust or mortgage deeds unsatisfied, whilst the assessment
list will show only a small amount of money loaned. Thus
are the revenue laws of the State avoided, and men do not
pay taxes in proportion to the value of the property they
own.
I trust the Legislature will so provide that all the money
which is loaned by citizens of the State in the State, shall be
taxed. Perhaps it may be advisable to declare that no
judgment shall be rendered on a note or bond for the pay-
ment of money or property when by its date or the instru-
ment itself, it is evident it has been liable to taxation, unless
the plaintiff shall show it has been assessed for taxation,
and if the note has escaped taxation, then the court shall
render a judgment in favor of the State for the taxes and
penalties which should have been paid by the owner of the
note, and which said judgment shall have priority of pay-
ment, and be credited on said note.
REVISION.
The statute laws of this State of a general nature must
be revised by the Legislature, or a plain and important
injunction of the Constitution will be disregarded. The 41st
Section of Article 4, of the Constitution provides that within
five years after the adoption of the Constitution "all the
statute laws of a general nature, both civil and criminal,
shall be revised, digested and promulgated in such manner
as the General Assembly shall direct." The Constitution
was adopted in October, 1875, and became the supreme
law of the State on the 30th day of November of that
year. It is to be regretted the last Legislature did not pro-
vide for a commission of experienced men, learned in the
38 MESSAGES AND PROCLAMATIONS OF
law, who should collate the laws of the State, showing what
the general statutes now are, and making suggestions of the
alterations and amendments proper and suitable to be
made, in order to make our code of laws as perfect as human
wisdom can devise. The attention of the Legislature was
called to this subject by myself and by my immediate
predecessor. The five years within which this important
labor is to be performed will expire this year. The laws of
the State have not been revised since 1865, and many im-
portant amendments and great changes have been made
to the general laws, which are scattered through a dozen
volumes of Session Acts. To collate all these and put them
in symmetrical shape, in proper and appropriate language
where needed, to suggest such amendments as will make the
text harmonize and be congruous with the tenor of the law
and the intent of the law-makers, will require both skill
and time to accomplish. And why should not time be given
for this purpose? Wisdom does not consist in the enact-
ment of many laws, nor in frequent changes of them. Where
frequent changes of important laws take place, the people
do not keep themselves informed of those changes, and we
sometimes meet with those who have suffered from the
sudden and important changes of law. But few laws are
needed. Let them be distinguished for their perspicuity
and wisdom. But if bad laws have been placed on the
statute book, they ought forthwith to be repealed.
You can not provide for an adjourned session of the
Legislature, to which a report could be made by a revising
commission, because an adjournment of the Legislature for
more than three days is, by the terms of the Constitution,
an adjournment sine die; but you might pass the general
appropriation bill, and a bill for the better regulation of the
Treasury Department, and for the security of public moneys,
and other bills of like important character, and also provide
for the appointment of a revising commission, who should
prepare a report by a time to be named or to be designated
by the Governor, and when such commission should report
to the Governor, the report should be printed, and he should
GOVERNOR JOHN SMITH PHELPS 39
convene the Legislature to revise the general laws of the
State — in short, to perform the duty required to be per-
formed by the 41st Section of the 4th article of the Con-
stitution. I do not distrust the capacity of the Legislature
to perform the work, but I do believe that in the multi-
farious duties of its members they will not make as good a
revision of the laws as three able jurists of our State can pre-
pare. Therefore, if the Legislature will adjourn sine die,
after such laws shall have been passed as will meet the
present exigencies, it could be convened by proclamation of
the Governor to make the revision, and if it should be
necessary to pass any laws of an important character during
the called session, the attention of the Legislature could be
called to the subject by a special message from the Governor,
so that legislation could be had. In this manner an excel-
lent revision can be obtained, and, I believe, with no more
expense than if the revision shall be undertaken without
the aid of a revising commission. Both sessions of the
Legislature would not exceed in their length the period of
time designated for a revising session. Or, if this plan shall
not meet with approval, a commission to aid in the revision
might be in session simultaneously with the Legislature.
I deem the method first named the best. The object is to
have our laws properly revised, and such labor can not be
performed in haste, nor without great care and deliberate
consideration. It must be borne in mind the enactment of
laws by the General Assembly of this State is a slow process.
After a bill shall have been engrossed, it is to be printed
before it shall be put upon its passage, and if amendments
shall be adopted in the House, these amendments are also
to be printed before final action shall be had, and then every
bill, after it shall have been passed by both Houses, shall be
read in extenso in each House before the respective presid-
ing officers shall attest the passage of the bill by affixing to
it their signatures.
40 MESSAGES AND PROCLAMATIONS OF
SUPREME COURT.
The Supreme Court is now overburdened with busi-
ness. The judges have arduous and important duties to
perform, which require close examination and patient in-
vestigation. The business of the court has greatly increased
in the last few years, and some relief should be furnished to
suitors and to the court. Several plans have been sug-
gested. One is to establish two appellate courts, one on
the north side, the other on the south side of the Missouri
river, and vest these with power similar to those conferred
on the St. Louis Court of Appeals. Another plan is to ap-
point a commission of able jurists, to which commission
cases pending in the Supreme Court shall be referred by
that court, and those commissioners shall submit their
statement of the cases, with their opinion on the same, to
the Supreme Court for confirmation, and judgment to be
entered accordingly. And still another plan is to add two
more judges to the Supreme Court; then organize the court
into two tribunals from time to time, to consist of at least
three judges, and each tribunal may be in session at the same
time and place, and the judgment of each tribunal to be the
judgment of the Supreme Court. But all the judges shall con-
stitute the court when the constitutionality of an act of the
Legislature shall be drawn in question, and in criminal
cases where the punishment may be death or imprisonment
in the penitentiary for life, and in cases where the amount in
controversy shall exceed $20,000. There will then be one
judge who may be detailed to serve on either tribunal in
the event of sickness or other inability to serve of one of
the judges. The proposition last stated, I think, is prefer-
able. These plans will require the constitution to be
amended. The delay attendant on litigation in the Supreme
Court amounts almost to a denial of justice. Many cases
are taken to the Supreme Court by reason of the delay the
judgment debtor will obtain; whereas, if the cases should
be speedily determined, fewer cases would be taken to this
court. There were 974 cases on the docket of the Supreme
Court at the commencement of its October term, 1877,
GOVERNOR JOHN SMITH PHELPS 41
and 430 cases were added to that docket on or before the
first day of its October term, 1878. But during that year
427 cases had been disposed of, including a few cases which
had been submitted and taken under advisement. And on
the first day of its October term, 1878, there were 980 cases,
showing the court had been unable to keep up with its
business.
COSTS IN CRIMINAL CASES.
There was appropriated for the payment of costs in
criminal cases the sum of $400,000 for the service of the
years 1877 and 1878. A portion of this appropriation was
expended in the payment of costs in criminal cases, where
the fee-bills had been filed with the Auditor a short time
before the close of the year 1876. The amount of these
fee-bills is estimated at $13,000, and ought to have been
included in the deficiency appropriation. This appro-
priation of $400,000 was exhausted in the month of October
last, and since that time certificates of indebtedness have
been issued on all fee-bills for costs in criminal cases pre-
sented for audit to the first day of this month, and which
amount to $41,019.57. Deducting the $13,000 above
named from the $400,000 appropriated, and adding to that
the sum of $41,019.57, the amount of certificates of in-
debtedness issued since last October, it makes the amount
$428,019.57, as the amount justly chargeable to the ex-
penditures under that head for the years 1877 and 1878.
I had occasion to call the attention of the Legislature
to the large expenditure of money for the suppression of
crime and the punishment of criminals. At that time it
was urged a reduction of these expenses ought to be made.
In former years, when costs in criminal cases had become a
large expenditure, it was enacted that when the costs
could be and were made from the defendant's property, full
costs should be paid; that is, the full fees as prescribed by
law; but when the costs were to be paid by the State or
by the county, it was provided only one-half of the fees
should be paid; and this provision extended to all fees and
costs prior to the rendition of the judgment. There was
42 MESSAGES AND PROCLAMATIONS OF
formerly a statute which provided that in all criminal cases
there should be a lien on all the property of the defendant
for the payment of costs and fine which might be adjudged
against him, and which lien should date from the day of
the arrest of defendant, or from the date of the indictment
found, whichever might first happen. I advise a similar
provision be adopted. Criminals sentenced to the peni-
tentiary are sometimes kept in the jails many days after
the judgment and sentence has been rendered, and when
no appeal or writ of error is pending. This entails addi-
tional expense to the State, for the cost of feeding a convict
in the penitentiary is about ten cents per day, whilst in the
jails it is fifty cents per day. This unnecessary delay in
sending convicts to the penitentiary should be remedied.
Besides the appropriation of $400,000, there was appro-
priated by the Legislature the sum of $111,547.99 to pay
certificates of indebtedness which were issued in the year
1876, because the appropriation for the payment of costs in
criminal cases for the years 1875 and 1876 had been ex-
hausted. The expenses under the head of costs in criminal
cases, chargeable in each period of two years for the four
years ending on the first of this month, are as follows:
1875 — January 1 — Balance to credit of appropriation for
costs
In criminal cases $10 , 606 . 69
Appropriation for 1875 and 1876 350,000.00
Deficiency appropriation Ill ,547.99
Bills of costs filed with the Auditor prior to January 1,
1877 13,000.00
$474,548.68
The two items last mentioned, amounting to
$124,547.99, were disbursed from the Treasury during the
year 1877, and were included in the estimates with other
liabilities of the State, which compelled the Legislature to
authorize the temporary loan. For the service of the last
two fiscal years, of the appropriation of $400,000:
GOVERNOR JOHN SMITH PHELPS 43
This sum has been disbursed $387,00000
Certificates of indebtedness issued to first of this month,
under head of posts in criminal cases 41 ,019.57
$428,019.57
Making the sum of but $428,019.57, the amount of costs
paid and certificates issued on bills of costs in criminal
cases first presented to the Auditor for audit during the
years 1877 and 1878, whilst during the years 1875 and 1876,
the sum of $474,548.68, bills of costs in criminal cases, had
been presented to the Auditor, making in four years the
following:
1875 and 1876 $474,548.68
1877 and 1878 428,019.57
The sum of $902,568.25
presented for allowance and audited during that time as
the expense paid by the State for the prosecution of criminals.
The money paid from the treasury for the support of
the penitentiary during the same years, is as follows:
1875 $104,625.90
1876 126,199.92
$230,825.82
1877 $96,010.01
1878 51,961.52
$147,971.53
In the cost of maintaining the penitentiary, as here
stated, I have not counted the earnings of the prisoners,
which have been applied to the support of the prison, but
have stated the cash actually paid from the treasury for
that object. There was cash paid out of the treasury:
For support of penitentiary four years $388 , 787 . 35
Costs in criminal cases paid by State 902,568. 25
$1,291,355.60
:4 MESSAGES AND PROCLAMATIONS OF
An annual cost of more than $322,000 paid by the State
or the prosecution and punishment of malefactors. Does
my one now wonder that the officers charged with the
nanagement of the penitentiary seek to make the convicts
vork? and if they can not be worked within the walls of the
>rison, to work outride? Would not those officers be cul-
>able if they should keep 300 or 400 men locked up in their
:ells because they could not be worked within the walls of
,he prison, when there were persons ready to employ them
,o work outside of the walls and pay the State fair wages
or their services? And is it any wonder that the officers
>f the State government, when the treasury pays so great
mms for the prosecution and punishment of criminals,
ihould ask the General Assembly to lessen the costs the
State pays? or seek to make criminals help pay the costs of
:heir conviction and punishment? The government of the
United States does not pay the costs of the defendant, even
:hough the defendant should be acquitted; and such is the
aw of several States in the Union. But I do not advise so
larsh a remedy. But would it not be a good law, since the
defendant is permitted to testify in criminal cases, that the
iosts of witnesses who only testify as to the character of
±e defendant, or who may have been summoned for that
purpose, shall not be taxed against the State, nor against
Jhe county, in any event whatever? The people demand a
•eduction of the expenses of our government, municipal,
5tate and National.
CRIMINAL LAW.
I take pleasure in stating to you that the criminal law
s, at this time, well executed and enforced in all parts of
,he State. In a few cases, besides in the "strike" in the
•ummer of 1877, a spirit of turbulence has been manifested,
have, in a few instances, sent Gen. Mitchell, the Adjutant-
jeneral, not in his military capacity, but as an attorney,
o aid the prosecuting attorney of the county where sent,
n the management of such criminal cases as were pending
r might arise, with directions to make known to those who
GOVERNOR JOHN SMITH PHELPS 45
were lawlessly inclined that the la\vs should be enforced
and criminals punished; that the whole power of the State
was at my command, and if the execution of process and of
the la\v should be resisted, and there was not a sufficient
number of good people in the county to enforce the lawrs, 1
would find an adequate force elsewhere that would promptly
enforce the law and preserve order. The duties of the
Attorney-General in the Supreme Court, or in the prepara-
tion of his cases, were so urgent that he could not be spared
to perform the services I wished to have then rendered. The
services of General Mitchell were valuable and efficient,
and were rendered without* other charge than the payment
of expenses. In those counties to which I allude, the lawr-
abiding citizens of the county manifested a readiness to aid
the civil officers in the execution of the law and the preserva-
tion of public quiet, and I am glad I can announce to you
that obedience to the law prevails throughout the State.
THE STRIKE.
In the summer of 1877 there was manifested in many
towns and cities in our country, which were railroad cen-
ters, a disposition by lawless acts to coerce the railroad
companies to increase, or to prevent a reduction of the
wrages of their employes. Upon many roads all of the
employes struck; upon other roads a portion struck and
compelled those who were willing to remain to quit their
employment. There was but little interference with the
trains which carried the mails, but on many roads the
running of freight trains was entirely suspended. In some
cities these disturbances culminated in the destruction of a
large amount of merchandise in transitu — of cars and loco-
motives. In some places the civil authorities invoked the
aid of the militia, and a collision between the rioters and
the authorities took place, resulting in the loss of life; and
in some quarters the authority of the United States was in-
voked, and soldiers were sent to suppress the riots. Whilst
turbulence was manifested, and lawless acts were done in
St. Louis and other cities of this State, the civil authorities
46 MESSAGES AND PROCLAMATIONS OF
improvised some military companies, to be ready for the
threatened and impending lawlessness. More than three
thousand men under arms at one time in St. Louis, ready to
obey the orders of the civil authorities. Arms and prepared
ammunition were publicly issued to the men. Companies,
battalions and regiments were formed and organized for
the fearful exigency. The promptness and willingness which
the good citizens exhibited for the preservation of order,
the enforcement of law, and finally to execute such orders
as the emergency required should be given, caused the in-
tended insurgents to disperse and to abandon their wicked
designs. Quiet was restored in that great city, with no
collision between the armed men and the rioters, with no
destruction of property, and without the shedding of a
single drop of human blood. It was the triumph of law and
order over those who strove to inaugurate disorder, violence
and bloodshed. But one or two military companies in St.
Louis had maintained their organization. During these
troubles I repaired to St. Louis. Gen. Mitchell, the Ad-
jutant-General, remained here, in order to supply the
authorities in other parts of the State with arms and am-
munition when needed. The supply of ammunition be-
longing to the State was scant. When I found I could
obtain from the authorities of the United States such am-
munition as I required, I ordered 2,000 stands of muskets
and accoutrements to St. Louis. Those guns, accoutrements
and ammunition were by my orders issued to citizens who
enrolled themselves in military companies at that time for
the preservation of the peace of the city. The authorities
of the city (after the strike was suppressed) requested me to
let some guns remain, as they might be needed. I complied
with the request. These guns, accoutrements and ammuni-
tion were issued by my orders — by my orders they were
permitted to remain in St. Louis, and such as have not yet
been issued to the militia are now in the hands of the police
reserves. It is probable some of these guns have been lost.
The Adjutant-General is responsible for them. All of the
articles were issued at a time when forms could not be ob-
GOVERNOR JOHN SMITH PHELPS 47
served, and they were issued for the public good. If any of
the arms and accoutrements can not be produced, I recom-
mend a law be passed to relieve the Adjutant-General from
his responsibility, or that his account shall be credited with
such arms, etc., as can not be obtained.
THE MILITIA.
The experience of the year 1877 shows the necessity for
the organization of the militia. Two battalions and three
or four independent companies of the militia are organized
in St. Louis; all but two companies have been organized
since the strike. A few companies have been organized in
other portions of the State. Of the police reserves I have
only to say that as long as those who act as military officers
shall be recognized as such, there will be no difficulty. No
one is commissioned as such officer. Citizens of St. Louis
encouraged opposition to the militia law, and therefore
urged the organization of the police reserves, without the
sanction of law. But I hope they will organize under the
militia law. There are defects in the law, but I trust a
patient hearing will be given those who seek to amend the
law, and relieve it of some of the obstacles, real or imaginary,
which deter patriotic citizens from organizing under it.
A bill has been prepared by those who are earnestly engaged
in the effort to make the militia law such as it should be. A
well regulated militia is the bulwark of defense of our
country. Listen, then, I beseech you, to the complaints
of the militia men. Modify and change the law, if there
shall be no valid objection to the proposition, so as to suit
the wishes of those who propose to make it efficient, and who
will subject themselves to its government. They deserve
all the encouragement you can give them, and I wish it was
in the power of the State to do more for them than can now
be done.
LOST INSURANCE BILL.
Just at the close of the session of the last Legislature a
bill, which originated in the House and which had passed
both Houses, and was duly signed by the presiding officer
18 MESSAGES AND PROCLAMATIONS OF
Df the Senate and the House, failed to reach the Executive,
[t was entitled "An act to regulate the forfeiture of policies
of life insurance." This bill provided that no policy of in-
surance on life, after the payment upon it of two full annual
premiums, shall be forfeited or become void by reason of
the non-payment of premium thereon, but the net value of
the policy shall be ascertained, and that sum shall be ap-
plied as a premium of temporary insurance. That bill
never came into my hands — was never presented to me for
approval. I should have approved it. I have endeavored
to ascertain who purloined that bill, or prevented it from
being presented to me, and have been unsuccessful. I did
not know, till inquiry was made, that such a bill had passed.
It was never delivered to me by the Clerk of the House of
Representatives. I recommend a law enacted containing
provisions similar to those contained in that lost bill, and in
addition thereto I advise the criminal law concerning rec-
ords, etc., belonging to either House of the Legislature, or
which may belong to any executive department, be amended
so that a more efficient inquiry may be made for the of-
fender than existing laws authorize. And perhaps it may
be well to empower the Executive, whenever any paper
which belonged to either House of the Legislature, or which
shall have been presented to the Governor, has been lost,
destroyed or purloined, that he appoint a commission who
may hold sessions anywhere in the State, vested with full
power to bring persons before him, and them to examine
touching the loss or destruction of the records; and if, upon
nquiry, the guilty party or parties shall be discovered, that
:he commissioner shall have power to cause him or them to
DC arrested, and, upon a hearing of the case, if there shall be
>robable evidence of the guilt of the accused, to recognize
,he guilty parties to appear before the proper court of the
:ounty where the offense was committed, and in default of
>ail, to commit them to jail to answer to an indictment to
>e preferred against them,
GOVERNOR JOHN SMITH PHELPS 49
FISH CULTURE.
By virtue of an act passed by the last Legislature, pro-
vision was made for stocking the rivers of this State with
fish. Young fish, principally salmon, have been sent to the
Commissioner of this State by the Commissioner of the
United States, and have been placed in our rivers. A further
supply will be sent to this State during this year, and will
probably be distributed in other streams. But a small sum
of money was appropriated to defray the expenses which
might be incurred, and therefore, unless the Legislature
shall make a further appropriation for this object, a portion
of the expense attendant on the transportation of the small
fry must be defrayed by the citizens residing on the streams
to be stocked with fish. The object is to stock our rivers
with fish which will afford cheap and nutritious food. Fish
culture is no longer an experiment. With very little expense
and care the supply of fish of a better quality than those
which swim in our streams will be largely increased. Before
the close of the session, I expect to submit to you a report
on this subject from the Commissioner.
THE OSAGE.
The Legislature at its last session appropriated $2,000
to be expended in removing obstructions to the navigation
of the Osage river at Bolton shoals. I was authorized and
required to appoint some practical business man, familiar
with the character of that river, and having a knowledge of
what was necessary to be done to remove the obstruction, to
superintend the removal of the bar. By many it was be-
lieved that that sum of money was not sufficient to accom-
plish the work. I appointed Hon. Jos. W. McClurg, who
possessed all the qualifications named in the act, to super-
intend the work. The obstruction to the navigation of the
river is removed, and there is at that bar as great a depth of
water as there is on the Shipley shoal, below the Bolton bar.
The superintendent made no charge for his personal services
in superintending that work, and there is a small balance of
the appropriation unexpended. I trust there will be no
50 MESSAGES AND PROCLAMATIONS OF
farther requirement for the State to appropriate its moneys
for the improvement of that river, as the United States has
made an additional appropriation for that purpose, and will
undoubtedly appropriate still further sums, to be disbursed
in that direction. The improvement of the navigation of
the Osage is a matter of vast importance to the people re-
siding on the banks and in the vicinity of that river.
PROPOSED AMENDMENT TO CONSTITUTION.
The amendment proposed to the Constitution and sub-
mitted to the people at the late election was defeated by a
large majority. In so far as it sought to add another quali-
fication of suffrage, it very properly met with a strong and
decided opposition. No property qualification, nor the
payment of a tax, should be required as a prerequisite to
exercising the right of suffrage. It is a duty to vote; it is a
duty incumbent on all who are entitled to exercise the elec-
tive franchise to vote. Better would it be to impose a fine
on those who are entitled to vote, and who without rea-
sonable excuse fail to discharge that duty, than to dis-
franchise those who do no1 pay taxes. There is no pro-
hibition in the Constitution against the levy of a poll-tax.
Therefore, whenever the Legislature shall think proper to
impose a poll-tax, to be applied to the support of the schools
and institutions of learning, to the support of the State
government, or to any other purpose or object not pro-
hibited by the. Constitution, it has the right so to do. Dur-
ing the last session of the Legislature I did recommend a
poll-tax be levied, to be paid into the Revenue Fund. This
recommendation was contained in the message in which I
advised a loan be made in order to supply the deficiencies in
the revenue. The loan was granted, but no provision was
made for additional revenue. A bill for that purpose passed
the Senate, but failed to receive the approval of the House.
GOVERNOR JOHN SMITH PHELPS 51
THE PENITENTIARY.
The maintenance of the penitentiary has been a very
heavy drain upon the treasury. It would seem reasonable
to expect the prisoners would not only be able, by their
labor, to earn an amount sufficient to support themselves,
but also to pay the salaries and wages of the officers and
guards of the penitentiary. But this has not been the case.
The leasing system has been tried at different times, and
has not proved a success. During the period the prison was
first leased, the lessees made great improvements by erecting
buildings and furnishing implements and machinery which
were paid for by the Stale. In this manner the lessees paid
the amount stipulated to be paid the State, but had large
demands against the State for improvements made by them.
The second period of leasing was so recent that it need
only be referred to, as all know it was not a success, either
to the State or to the lessees. The State has, by its officers
in former times, conducted the penitentiary as a large manu-
facturing establishment, and in so doing has always lost
money. It is not advisable for the State to again embark
in manufacturing, but it is desirable, if possible, to make the
penitentiary a self-sustaining institution. Legislation was
proposed in each branch of the General Assembly, at its
last session, respecting the management of the penitentiary,
but beyond the appropriation of money, and its earnings
for its support, nothing was done.
On the 31st of December, 1876, there were in the
penitentiary, 1,332 prisoners, convicted for violation of the
criminal laws of this State, and 14 convicts sent to the
prison by the Federal courts. On the 31st day of last De-
cember, there were in the prison, 1,244 convicts of the State,
and 50 convicts of the United States. The United States
pays for the board and care of its convicts, and the
State has the benefit of their labor. During the two
years ending on the 31st of December, 1876, thirteen hun-
dred and seventy (1370) prisoners were received, and for
the two years ending on the 31st of December, 1878, eleven
hundred and sixty-five (1165) prisoners were received, all
52 MESSAGES AND PROCLAMATIONS OF
of whom had been sentenced to the penitentiary by the
courts of this State. This shows that, in the two years
first named, 205 more persons were convicted and sent to
the penitentiary than in the last two years. A rigid en-
forcement of our criminal laws has diminished the com-
mission of crimes.
When the present Warden took charge of the peni-
tentiary, there were many prisoners who were not em-
ployed by contractors, nor were they performing labor for the
State. They were in idleness, because no one would employ
them, and at that time the State had no work which they
could perform. Many convicts were then worked outside
the prison walls. Some were employed as servants, in this
city; some were employed in grading and macadamizing
streets; others at quarries, at lime kilns and brick kilns, at
farms, and some on a steamer which navigated the Osage and
Missouri rivers. The cost of maintaining the penitentiary
had become very great. It was proper and right to put the
convicts at hard labor; and if labor could not be provided for
them within the walls, it was right to put them at labor
without the walls. There was no doubt the law permitted
this to be done. The object was to make the prisoners sup-
port themselves — to shift the burden of the maintenance
from the tax-payers to themselves; and was not this right?
A contract was made for the labor of convicts in some coal
mines. This contract was made by the Inspectors with
J. B. Price, and 1 approved of the same. In the communi-
cation of the Inspectors to the House of Representatives,
they described the condition of affairs at the penitentiary
as follows:
"They beg leave to suggest that there are over six hun-
dred convicts locked up in their cells, whose labor can not
be utilized within the penitentiary for want of contractors
to employ them. If there were contractors to work them
inside of the prison walls, there is not shop room nor
facilities for so doing. This large number of idle and non-
producing convicts is a very great expense to the State, in-
dependent of the immense costs of their trials, convictions
GOVERNOR JOHN SMITH PHELPS 53
and transportations to the prison. They can, they think,
make the number let under the contract more than self-
supporting, and their desire is to make the penitentiary
self-sustaining. Their estimate is that the State will receive
over the sum of $50,000 per annum for the hire of the said
convict labor, under said contract, which otherwise would be
non-productive."
But it is said that when the convicts are worked outside
of the prison walls their labor comes in competition with
the labor of the honest man. Is not this so when the prisoner
labors within the prison walls? When the prisoner is worked
within the walls he must be employed in some mechanical
pursuit; and is not the labor within the walls of the prison,
by the convict, then brought in competition with the labor
of the mechanics and the skilled workmen of the country?
And if we are to prevent convict labor fiom coming in
competition with honest labor, then no labor whatever
ran be performed by the convict, and he is to be kept in
idleness, fed, clothed and guarded at the expense of the
honest men of the country. If this is the policy to be pur-
sued by the State, let the law-making power so indicate,
and the will of the General Assembly in this respect will be
observed. All the officers of the State, in any manner what-
ever connected with this branch of the public service, have
no interest to subserve but the interest of the people of the
State; nor are they wedded to the policy which has been
pursued. If the prisoners are to be kept within the walls
of the prison and only worked there, many of them must
remain idle, or the State must forthwith enlarge the prison
walls, erect additional workshops, and furnish more motive
power for those shops. The financial condition of the State
will not permit this to be done, for, whatever number of
prisoners may be employed to labor for the State, they will
bring no revenue into the treasury, but the treasury must
defray the cost of their board, clothing and guard service.
And again, the State must borrow money for this purpose,
or greatly reduce the expenditures of the government. But
the limit of a temporary loan has already been reached, and
54
MESSAGES AND PROCLAMATIONS OF
the Slate will be compelled to renew that loan, for a short
period of time, and provide additional revenue.
It is well to compare the cost of managing and con-
ducting the prison, and the number of prisoners, for a few
years past. The prison, during the term hereinafter men-
tioned, until June, 1873, was managed and conducted as a
manufacturing establishment by the State, and whatever
was made by the labor of prisoners was applied to the sup-
port of the prison in addition to the money drawn from the
treasury. From that date till November 22, 1875, the
penitentiary was managed by the lessees, and from the
date last named, it has been conducted by the State, and a
large portion of the prisoners — as many as could be — were
leased to contractors, who worked the prisoners within the
walls of the prison, and the proceeds of their labor have
been applied to the support of the penitentiary:
STATEMENT OF NUMBER OF STATE AND UNITED STATES
PRISONERS REMAINING IN THE MISSOURI PENITENTIARY,
AT THE CLOSE OF EACH YEAR, FOR THE TEN (10) YEARS
ENDING DECEMBER SlST, 1878-
Remaining in prison.
State.
United
States.
Total
.
December 31st, 1869.
735
735
No records in
December 31st 1870
797
797
the Warden's
December 31st, 1871.
907
907
office by which
December 31st 1872.
841
841
the number of
December 31st, 1873.
897
897
United States
December 31st, 1874
1,013
56
1,069
prisoners can
December 31st, 1875
1,257
21
1,278
be ascertained.
December 31st, 1876
1,332
14
1,346
December 31st, 1877
1,276
23
1,299
December 31st, 1878
1,244
50
1,294
GOVERNOR JOHN SMITH PHELPS 55
COST OF MAINTAINING THE PENITENTIARY.
For the two years 1869 and 1870 $277,840.21
For the year 1871 103,852.15
For the year 1872 150,033.18
For the year 1873 (leased June, 1873) 155, 105.61
For the year 1874 (in charge of lessees)
For the year 1875 104,625.90
For the year 1876 126,199.92
For the year 1877 96,010.01
For the year 1878 51 ,951 .52
On this subject I 'desire to state facts only. A larger
amount has been earned by the labor of prisoners during
the past two years than was ever earned before. Those
earnings have been applied to the support and maintenance
of the prison. In addition to this, nearly all the labor used
in the construction of the court-house was done by prison
labor, commencing with the manufacture of the brick and
cutting the wood wherewith to burn the brick, and quarrying
the rock and erecting the building.
The proceeds of prison labor are as follows for the last
three years:
1876 $31,222.90
1877— Labor inside walls S52 , 611 . 94
1877— Labor outside walls 19,259.47— 71 ,871 41
1878— Labor inside waUs 62 , 237 . 05
1878— Labor outside walls 30,042.93— 92,279.98
COUNTY AND PROBATE COURTS.
By special laws, made from time to time, we had
destroyed the uniformity which once prevailed in the
organization and jurisdiction of courts. Particularly was
this the case with the county and probate courts. In some
counties the county court was composed of seven judges;
in some counties of five judges; in others of three judges,
and in some counties of one judge only. In some counties,
where the court consisted of three judges, the judge of the
probate court was ex officio presiding justice of the county
court. In all counties the county court had charge of and
administered county affairs; in some counties the court was
a probate court. With respect to the probate court— or
56 MESSAGES AND PROCLAMATIONS OF
court having probate jurisdiction — in some counties it was
composed of one judge, in other counties of three judges.
Some of the probate courts had exclusive jurisdiction of all
demands against the estates of deceased persons, and other
courts had exclusive jurisdiction of small amounts, and
concurrent jurisdiction with the circuit courts of larger de-
mands. By the acts of the last Legislature an uniform
system of probate and of county courts was established.
The county courts are now composed of three judges, and
no more, and the compensation is fixed at $3 per day and
mileage, instead of $5 per day, the former compensation.
The per diem cost to a county is now $9, instead of the sum
of $25, which was the per diem cost in many counties before
the change of the law. The saving to the people in the
amount paid to the judges of the county court ranges from
$6 to $16 per day. Another saving in expense was made:
the judges being of equal qualification, three judges will
dispose of more business in a day than five judges.
I have no doubt that in many cases the compensation
or emoluments of county officers is too great. This is shown
by the fact that in some counties candidates proposed to
perform the duties of the office they sought, for a much less
compensation than that prescribed by law, and the surplus,
if any. they promised should be paid into the county
treasury. I lecommend, therefore, that you especially in-
quire into the amount paid to all officers, State or county,
and if, in your wisdom and judgment, the compensation or
salary is too great, that you regulate such salary or com-
pensation by prescribing a lower and different compensa-
tion, wherever it may lawfully be done.
EDUCATION.
The cause of education is increasing, and has received
encouragement to the extent of the ability of the State to
render, in these times of financial distress. No one proposes
to reduce the amount of the revenue which is directed to
be set apart for the support of public schools, though this
can only be done by amending the Constitution. There is
GOVERNOR JOHN SMITH PHELPS 57
but little doubt the sum to be distributed for the mainte-
nance of the public schools will be an amount about equal
to the sum apj ortioned for the year 1878 for the same pur-
pose. The State University, including the Agricultural
College and the School of Mines, is in a prosperous condi-
tion. The number of students has considerably increased
under the present management. Its able professors, under
the guidance of its distinguished president, attract pupils
not only from almost every portion of our State, but also
from neighboring States. The Normal schools appear to
prosper. Reports from these institutions will be submitted
to you in the early part of the session, and to those reports
I respectfully refer you for full information of their manage-
ment. The report of the Superintendent of Public Schools
will show you the condition of this branch of education.
In connection with this matter, I suggest for your con-
sideration whether it is not advisable to provide that the
county public school fund, as well as the congressional town-
ship public school funds, shall be invested in the bonds of
this State. These funds would have amounted to a much
larger sum if suitable care had been taken> and the invest-
ments made in the securities of this State.
CHARITIES.
The reports of the charitable institutions, as well as
other institutions of this State, are now required to be made
to you at an early period of the session. The State has been
liberal in providing good and substantial buildings for the
uses to which they are applied. They are insufficient to
provide for all of the indigent who may be dependent on
charity, but the State can not now afford to enlarge those
buildings. This State expended last year the sum of $589,056
for educational purposes, and for chanties, $137,137.
REPEAL OF LAWS.
The act entitled "Indians" was enacted when there
were Indians residing immediately on the borders of our
State. It was intended to prevent Indians from coming into
58 MESSAGES AND PROCLAMATIONS OF
the State to hunt, and to prevent them from otherwise ob-
truding on the inhabitants of the State.
The act entitled "An act declaring the silver coins of
the United States a legal tender in the State of Missouri,"
was one of questionable policy at the time it was adopted.
It made the half dollars a legal tender for all sums, and the
smaller coins of silver a legal tender in limited amounts,
whilst by the laws of the United States these subsidiary
coins are a legal tender to the amount of $5, and no more.
The silver in the half dollar and the other small coins is of
the same purity as in the dollar, but two half dollars do not
contain as many grains of silver as the silver dollar con-
tains. I recommend the statutes concerning Indians and
making silver coins a legal tender be repealed. The one is
of no farther use — the other is now a bad law,
SUIT WITH HANNIBAL AND ST. JOE RAILROAD COMPANY.
By virtue of the provisions of a joint resolution of the
last General Assembly concerning the Hannibal and St.
Joe Railroad, the Governor, with the concurrence of the
Attorney-General, was authorized to employ counsel to
enter the appearance of this State to a bill in equity pending
in the Supreme Judicial Court of the State of Massachusets,
wherein the said railroad company was the complainant and
Sidney Bartlett and other trustees were defendants, for the
purpose of closing their trust. It was claimed this State
had a lien on the proceeds of the sales of lands, after the
extinguishment of a mortgage given in 1856 by the com-
pany, and that the surplus proceeds of such sales should be
paid into the treasury of the State for the purpose of paying
the bonds of this State loaned to the railroad company.
The attention of the General Assembly was called to the
subject by my predecessor, with the recommendation that
the State should enter its appearance to that suit. Under
the provision of the joint resolution an able jurist of the
State of Massachusetts — Benjamin P. Thomas — with whom
a consultation had been previously held on this subject, was
employed to enter the appearance of the State and to attend
GOVERNOR JOHN SMITH PHELPS 59
to its interests. The claim of the State was based on the
18th section of the act of December 10, 1855. The case was
heard at the April term, 1877, of said court. The decision
was adverse to the claim of this State, as will appear by the
following extract from the decree of the court:
"Second. That the only interest of the State of Mis-
souri in the lands conveyed by said trust indentures and in
the proceeds of such said lands as have been heretofore sold,
and in the contracts for the sale of any of said lands hereto-
fore made, is under the 18th section of the statutes of the
State of Missouri, of the 10th of December, A. D. 1855,
which requires the complainant to pay into the treasury of
said State the surplus proceeds of all land sales, or such other
securities as may be provided by the Hannibal and St,
Joseph Railroad Company aforesaid, in a deed of trust or
otherwise in a plan to be adopted by said company to raise
funds to complete the road. That by the true construction
of said statute, no such surplus can be held to exist, except
such as would remain after deducting the amount of all
expenses and obligations lawfully incurred by the incor-
poration in completing, equipping and putting in operation
its railroad, including: 1. Sums advanced by the corpora-
tion to the trustees for expenses of the management, sur-
veying and disposing of the lands granted under the acts of
Congress, and included in the deeds of trust, and for taxes
thereon, and to satisfy reclamations for bad titles and other
incidental expenses. 2. Sums paid by the corporation,
either in money or in stock, to discharge the bonds issued
by the corporation and secured by the deeds of trust, in-
cluding the interest on such lands.
"Third. That it is found by the report of the Master,
and adjudged by the court, that the whole value of the
lands now held under the said deeds of trust, and of all the
proceeds of lands sold, and investments of the same, now
held by said trustees, is much less than the amount of the
deductions aforesaid to which the complainants are en-
titled, before there will be any 'surplus' to which the right
of the State of Missouri can attach."
60 MESSAGES AND PROCLAMATIONS OF
The sum of $2,000, which was appropriated to pay
counsel for services in that suit, was not drawn from the
Treasury, for the court ordered the trustees to pay to
Benj. P. Thomas, Esq., out of the proceeds of the land
sales in their hands, the compensation to which he was en-
titled.
SENATOR BOGY.
Since the adjournment of the Legislature, Hon. Lewis
V. Bogy, one of our Senators in Congress, departed this
life. He was a native of this State, and his life had been
devoted to the advancement of the material interests of
our State. His eulogy has been pronounced by those more
intimately acquainted with him than I, some of whom
served with him on that theater, which from his boyhood
days it had been his ambition to occupy, and which he did
occupy with great credit to himself. It will be your duty
to fill his unexpired term, now held by Hon. D. H. Arm-
strong.
CONCLUSION.
In the matters I have submitted for your consideration,
I have not attempted to support them by arguments, but
to state the facts and conclusions to which I have been
brought by my deliberate judgment, and I trust the result
of your deliberations will be to promote the welfare and to
increase the prosperity of the people of this State.
JOHN A. PHELPS.
Executive Office, Jefferson City, Missouri, January 9, 1879.
GOVERNOR JOHN SMITH PHELPS 61
SECOND BIENNIAL MESSAGE
JANUARY 6, 1881
From the Journal of the House of Representatives, pp. 13-43
Senators and Representatives:
The Constitution requires the Governor of this State,
at the close of his term of office to give information to the
General Assembly of the condition of the State, and to
recommend such measures as he shall deem expedient. In
this message, 1 have endeavored to comply with those
requirements by giving you, in a brief manner, information
of the condition of the State, and to mention but few mat-
ters upon which legislation is, in my opinion, required. The
affairs of the State are in a prosperous condition; the laws
are generally faithfully executed; quiet prevails; the people
are prosperous; the costs to the State of criminal prosecu-
tions are diminished; the Penitentiary has become a self-
sustaining institution, and economy prevails in all de-
partments of the State Government.
THE TREASURY.
The condition of the Treasury naturally first attracts
the attention of the tax-payers. They maintain and sup-
port the government, and have the right to inquire and be
informed how and in what manner their contributions have
been applied and expended. The expenditures of our State
government are necessarily divided into expenditures to
liquidate indebtedness of the State, the payment of the
interest on the same, the payments of salaries and com-
pensation of officers for the due execution of the laws, and
the expenses of levying and collecting the money needed and
required to keep the machinery of government running. A
part of that machinery consists of our courts of justice,
where the rights of parties to property are settled, damages
awarded for injuries done to peisons or property, and those
guilty of crimes are punished. We have also the blind, the
mutes and the insane to care for, educate and pro-
62
MESSAGES AND PROCLAMATIONS OF
tect. Their misfortunes and their maladies enlist our
sympathies. Not sufficiently numerous to require asylums
in every county for their education and support, the care
of these people devolves upon the State, and a part of the
revenue of the State is bestowed in erecting suitable build-
ings for their comfort and maintenance, and expenditures
on this account may be classed as eleemosynary, yet in
part partaking of educational. It is said the safety of our
government, in part, depends on the education of the
people. The eminent legislators of this State, in recognition
of that fact, did at an early day, establish an excellent
system of public schools, and also provided for a State
University. This brings us to another branch of expendi-
tures— the educational. Besides the State University and
the public schools, other institutions of learning have been
established by the State for the purpose of educating and
training the students to be instructors in our schools. I
refer to the three State Normal Schools and to the Lincoln
Institute. The latter is now a State institution, and is
designed especially for the education of colored persons.
The receipts from all sources, including the balance
on hand January 1st, 1879, and disbursements from the
Revenue fund for the last two years, are as follows:
Revenue fund.
By balance January 1, 1879
By transfers from Library fund
By proceeds from sale of $250,000 revenue
renewal bonds in June, 1879
By receipts in 1879 from revenue resources.
By receipts in 1880 from revenue resources.
By amount refunded by Carter & Regan. . .
To transfer to school moneys March, 1879 ,
To transfer to school moneys March, 1880.
To warrants issued in 1879
To warrants issued in 1880
To balance
Dr.
$328,255.18
340,746.09
"1,414,583.19
778,053.43
284,026.78
Cr.
$120,224.98
1,355.30
256,875.00
1,443,603.49
1,323,586.74
19.16
$3,145,664.67 $3,145,664.67
*This includes $250,000 paid for revenue bonds which matured
June 1st, 1879.
GOVERNOR JOHN SMITH PHELPS 63
This shows a balance of $284,026.78 in the Revenue
fund. But a part of these receipts, though properly placed
in the Revenue fund, are not usual receipts, as $256,875
thereof were the proceeds of the sale of two hundred and
fifty renewal revenue bonds of $1,000 each, authorized to
be issued and sold by an act of the Legislature, approved
May 9th, 1879, to pay the revenue bonds which were issued
in accordance with the act of April 23d, 1877.
It is to be observed, also, that $250,000, with $30,000
interest en the same, are not ordinary expenditures.
There has been expended for the maintenance and
support of our eleemosynary institutions, for the last two
years, the sum of $327,057.50, paid from the Revenue fund.
This includes the cost of rebuilding the Lunatic Asylum,
in 1879-80, at St. Joseph.
There was also expended during the same time, in sup-
port of our common schools, the Lincoln Institute, the three
Normal Schools and the State University, the sum of
$1,145,381.89. But of this amount the sum of $363,720
was paid out of the Interest fund, being the amount of
interest which had accrued on bonds and certificates of
indebtedness of the State, held in trust for the State School
and Seminary funds. Nevertheless, those sums of money
were raised by taxation of our people during the last two
calendar and fiscal years.
OF THE REVENUE.
The revenues of the State will naturally increase some
with the increase of population and of wealth. The price
of property, and particularly of real estate, has been greatly
depressed for a few years last past. In the latter part of
1879, the price of all kinds of property increased, but at too
late a period to enable the enhanced valuation to ma-
terially affect the assessment of that year. It must be
borne in mind all persons are required to give in the property
held and owned by them on the 1st day of August, and the
valuation of the same is to be made of that date, but the
taxes will not be ready for collection on that assessment
64 MESSAGES AND PROCLAMATIONS OF
till the autumn of the next year. The following statement
shows the valuation of the real estate, the personal property,
and the railroads, bridges and telegraphs, in this State, for
the years named :
1878:
Land $218,726,215
Town lots 167,167,113
Personal 142,620,636
Railroads, telegraph and bridges 26,726,591
Total $555,240,555
1879:
Land $212,519,110
Town lots 169,036,454
Personal property 147 ,661 ,910
Railroads, telegraph and bridges 29 , 143 ,969
Total $558,361 ,443
The assessment of 1879 is the assessment upon which
the tax has just been collected, and the assessment of
property which was made on the 1st day of August last, is
not yet completed, but the tax will be payable in the autumn
of 1881, and will be levied on that valuation. Additional
taxes will be derived from licenses and from the ad valorem
tax levied on merchants and manufacturers, as well as
dram-shop or beer house licenses. For more particular and
specific information concerning the revenue, I refer you to
the State Auditor, and the valuable tables accompanying it.
I am of opinion a portion of the Renewal Revenue bonds
can be paid at their maturity, but not all.
STATE INTEREST AND SINKING FUND.
The tax which forms the Interest fund is one fifth of
one per cent., or 20 cents on the $100 of the assessed value of
property, levied on all real estate and other property and
effects subject to taxation, and, by the provisions of the
Constitution, is to be applied to the payment of the interest
on the public debt. The interest on the public debt has been
GOVERNOR JOHN SMITH PHELPS 65
promptly met and paid. The residue of the Interest fund
constitutes the Sinking fund, and is to be applied to the
extinguishment of the bonded indebtedness of the State.
During the years 1877 and 1878, the sum of $535,000 was
paid in the extinguishment of the public debt. The law
provides when there is sufficient money in the Sinking fund
to purchase one or more bonds of the State, the Fund Com-
missioners shall call in for payment a like amount of the
bonds of the State, (the Hannibal and St. Joe Railroad
bonds excepted,) but the commissioners shall not purchase
or redeem any such bonds at a higher rate than their "face
value." No bonds of this State fell due in 1879, according
to the previous reports of the Fund Commissioners, and all
descriptions of bonds which the commissioners were au-
thorized to purchase, sold in market at a premium of from
4 to 10 per cent. None of the "option," or 5-20 bonds were
redeemable till the 1st of May of last year. Public notice
was given that all which were redeemable at that date, and
designated by their numbers and series, would be paid on
presentation to the National Bank of Commerce in the City
of New York, and that interest would cease on and after
that date. This bank had been, by the commissioners, pre-
viously selected as the depository and fiscal agent of the
State for the payment of the interest, payable in New
York, on the bonded debt. Money was, by order of the
Fund Commissioners, deposited with said bank for that
purpose. As the interest on the bonded indebtedness was
due on the 1st of July, in the opinion of the Fund Commis-
sioners, no more money could be spared for the redemption
of bonds at that date. Public notice was given that $40,000
of bonds would be redeemed on 31st of July last, and that
interest would cease on and after that date, and another
public notice was given that $75,000 of bonds would be
redeemed on the 31st of August last, and that interest would
cease on and after that date. Funds wherewith to redeem
said bonds were placed with the Bank of Commerce at the
time the said notices were respectively given. The payment
of the interest on the public debt on the 1st of January last,
66 MESSAGES AND PROCLAMATIONS OF
was dependent on the collection of taxes during the months
of November and December. A large amount of the taxes
collected in the month of December is not received at the
Treasury till some time in the month of January. Yet
$402,000 was, in the month of December last, remitted to
the National Bank of Commerce of New York City, for
the payment of the interest due on the public debt on the
first of this rnonth: payable in the City of New York. The
interest due for the year 1880 on the bonds held in trust for
the Public School fund amounting to $120,540 was set apart
in the Treasury in the month of December last, though none
of it will be disbursed till the month of March; and $3,660,
the interest due the first of January last on the bonds held
in trust for the Seminary fund, has been paid to the Treas-
urer of the Board of Curators of the State University. The
interest on the certificate of indebtedness of $900,000, is
not payable till the first of March, 1880. In the first call of
bonds for redemption, there were embraced 22 bonds which
belonged to the Seminary fund. It was not intended by
the commissioners to redeem any bonds held in trust by
the State for any of its funds. This error was not discovered
till it was too late to remedy it, except in the call for bonds
for redemption on the 31st of December last. The Fund
Commissioners, therefore, on the 10th of December last,
called in for redemption $167,000 of the bonds of the State,
and gave notice that the interest thereon would cease on
and after the 31st day of last December. $22,000 of the
money necessary for that purpose was on deposit with the
National Bank of Commerce of New York City, and on the
day the call was made the residue of the money was ordered
to be remitted by the Bank of Commerce of St. Louis. Thus
while none of the bonded indebtedness of the State was
paid in 1879, for the reasons given, yet in the year 1880,
double the amount of bonded indebtedness required to be
paid in 1880 was redeemed in that year. In the four years
last past, there has been paid out of the Sinking fund
$1,035,000 of the indebtedness of the State — a reduction
annually of more than $60,000 of interest, leaving that
GOVERNOR JOHN SMITH PHELPS
much more of the Interest fund applicable to the payment
of the bonded indebtedness of the State.
The following table shows the receipts, including the
balance on hand on the first of January, 1879, and the dis-
bursements of the Interest fund for the last two years, show-
ing a balance of $73,629.77:
State Interest Fund.
Dr.
Cr.
By balance January 1, 1879
By receipts in 1879
By receipts in 1880
To warrants issued in 1879
To transfer to school money in 1879, to pay
interest on $900,000, school certificate .
To transfer to sinking fund in 1879
To warrants issued in 1880
To transfer to school moneys in 1880
To transfer to sinking fund in 1880
To balance
$963,332.00
54,000.00
1,000.00
940,118.73
54,000.00
499,000.00
73,629.77
$156,039.79
1,240,284.84
1,188,755.87
Total.
$2,585,080.50
$2,585,080.50
The State holds in trust for the Seminary fund $122,000,
and for the School fund $1,958,000, making the sum of
$2,080,000, all of which said bonds are 5-20, and may now
be redeemed, as five years have elapsed since their issue.
The Educational funds of the State are principally invested
in 5-20 bonds. I cannot recommend any course by which
those funds shall be impaired or their revenues be diminished.
To reduce the rate of interest or to re-invest (which can
only be done by paying a premium,) the amount in any
bonds of this State, will seriously impair the revenue of
those funds, and I will not believe, till 1 shall hear it so
avowed, that any one considerately desired to impair the
School funds or to diminish their income. Of the State
bonds, proper, outstanding, there are $137,000 which may
be redeemed at this time, as the Legislature provided for
their redemption after the expiration of twenty years.
Until a recent examination, it was believed they were not
68 MESSAGES AND PROCLAMATIONS OF
redeemable till 1883, and were so reported; the residue of
that series of bonds are redeemable in 1882 and 1883.. And
there are $4,000 of bonds of the North Missouri Railroad
which will fall due in 1885. No bonds will fall due in this
year, and whatever bonds may be redeemed must be called
from the "option" bonds.
INDEBTEDNESS OF THE STATE.
Not including the $3,000,000 of bonds of the State
loaned to the Hannibal and St. Joseph Railroad Company,
on which that Company has promptly paid the interest,
the bonded indebtedness of the State on the 1st of January
of this year was $16,259,000. This amount does not include
a few bonds which are past due and have been outstanding
for several years. Money was placed in New York for the
redemption of those bonds, at the time they severally fell
due, and from the date the money was so placed by the
Fund Commissioners they have been regarded as paid.
The State holds in trust for the Public School fund and for
the Seminary fund $3,031,000, which bonds have been de-
faced so as to destroy their negotiability, in accordance
with a law of the last Legislature. This leaves in circulation
only $13,228,000 of State bonds, and the annual interest is
only $975,540. This does not include the temporary loan
of $250,000 which will fall due next June.
THE MASTIN DEFICIT.
The State Treasurer, in January, 1879, reported a
balance of the money in the Treasury was "deposited and
held*' as follows:
National Bank of State $3 ,045 . 25
The Mastin Bank 286,187.80
Reid and Chrisman 5,000.00
Clinton county bonds in vault 49 ,000. 00
The deposits and investments of the moneys herein stated
were made without the consent of the Attorney-General and
the Governor, and whatever security the Treasurer may
have had was not submitted to the Attorney-General nor
GOVERNOR JOHN SMITH PHELPS 69
to the Governor, to learn whether or not it was satisfactory.
In brief, the deposits of said moneys were made entirely
on the responsibility of the Treasurer, and without the
advice or consent of any State officer empowered to pass on
that question. In the month of May, 1879, there wras paid
to Col. Gates $5,321.59, on account of a dividend due to
him from the Mastin Bank, In October, 1879 the sum of
$5,000, deposited with Reid and Chrisman, and the $49,000
of Clinton county bonds, disappeared from the Treasurer's
statement. If those bonds belonged to the State, then the
money received on the two semi-annual coupons on each
bond should have been paid into the Treasury. In De-
cember, 1879, the Mastin Bank deficit is diminished $33,-
634.01, and in the Treasurer's annual report, made to me
in January, 1880, for the year 1879, it is stated he has
realized the last named sum from his official bondsmen,
for which he has "assigned to them a like amount of my
(his) claim against the Mastin Bank." Another reduction
of the Mastin Bank deficit took place in June, 1880, of
$20,000, said to have been received from one of the sureties
upon the bond given by the Mastin Bank to Col. Gates
for the safe keeping and return of his deposits, and paid
in consideration that this bondsman shall be held to no
further liability on that account. In the month of July
last, the further sum of $43,709.55 was deducted from said
deficit, which was received from the assignee of said bank
as a dividend on a claim allowed in favor of Col. Gates
against it. From time to time, the amount of money de-
posited with the National Bank of the State of Missouri
was diminished, until in September last, it entirely disap-
peared from the Treasurer's report. There is now the sum
of $183,522.65, as claimed by Col. Gates, held by the
Mastin Bank. Promises have been made to me that this
sum should be paid before the meeting of the Legislature,
but those promises have not yet been redeemed. No settle-
ment was approved by the Legislature of the Treasurer for
the first two years of his term of office, nor was a settlement
of his accounts made at the time of giving his new bond.
70 MESSAGES AND PROCLAMATIONS OF
The laws did not permit nor authorize a suit to be brought
against Col. Gates and his bondsman; and the first time a
suit can be brought on his official bond will be when he shall
fail to deliver to his successor the funds which have been
entrusted to his care and safe keeping. If there shall be no
deficit — if all the money with which he stands charged shall
be legally accounted for or paid to his successor — then no
suit can be maintained. But if, on the contrary, he does not
lawfully account for all the money which came to his hands,
and pay to his successor the balance, (if any there shall
be) he and his bondsmen will be liable on his bond for the
deficiency. But it is claimed the State has priority of
payment over all other creditors in cases of insolvency, and
that this principle of law is applicable to the case of the
Mastin Bank. That the State, by express statutory en-
actment, has priority of payment over all demands — except
funeral expenses and expenses of last sickness in case of
the estates of deceased persons — and also priority of pay-
ment of taxes assessed on real estate, is true. But does
this priority of payment extend to any other cases? Good
reasons exist to cause such a statutory provision to be
made, but the enactment of a law of that import cannot
have a retroactive effect. If the State can assert and main-
tain priority of payment in the case of the Gates deposit in
the Mastin Bank, and cause all persons to whom the as-
signee in good faith has paid the dividends in the same
manner as they have been paid to Col. Gates, then must
all who have received dividends from the assignee of said
bank be called upon and made to refund the payments
already made to them, or sufficient to pay the deficit. And
if priority of payment to the State exists in this case, and
can be enforced, then the sureties of Col. Gates, who have
already paid more than $30,000 for him, can assert this
principle for their benefit. And if the sureties of Col. Gates
shall now pay into the Treasury the $183,522.65, now held
by the Mastin Bank, those sureties would, by existing laws,
be subrogated to all the rights of the State.
GOVERNOR JOHN SMITH PHELPS 71
REVENUE BONDS.
In 1877, I found the Treasury in a depleted condition.
Certificates of indebtedness had been issued, liabilities had
been incurred, and demands filed with the Auditor for
settlement in the year 1876, amounting to more than
$266,000, as stated in my special message to the Legislature,
in March, 1877. The revenues of the State at that time
were insufficient to meet the exigency. I recommended a
temporary loan to be made to supply this casual deficiency,
(and would have recommended a larger sum, but the Con-
stitution forbade) in accordance with the provisions of the
second clause of section 44, of article 4 of the Constitution.
The authority was given, and the loan was made. The
revenues of the State were inadequate to defray the current
expenses of the State government, the other expenditures
charged to the Revenue fund, and also to redeem those
bonds. Hence, authority was given by the Legislature of
1879, to redeem the Revenue bonds by negotiating another
6 per cent loan, payable in two years. Proposals were in-
vited in the manner provided by law, and the loan was
awarded to the highest and best bidder at a premium of
per cent., amounting to $6,875.
RATE OF INTEREST.
I recommended to the last Legislature a reduction in the
rate of interest. The proposition at first was received with
favor, but afterwards alarm was created in the minds of
some, lest capital from other States should be withdrawn.
But during that winter the Legislatures of the States of
Illinois and New York considered the question — the first
named State reducing its legal rate of interest to 6 per cent.,
and by contract 8 per cent, per annum, while the State of
New York reduced its rate of interest from 7 to 6 per cent.
per annum. The same reasons which influenced me then
to make that recommendation, causes me again to recom-
mend a reduction of the rate of interest to 6 per cent, per
annum, with suitable provisions to cause the law to be re-
spected and observed. It has been recently urged, in order
72 MESSAGES AND PROCLAMATIONS OF
to induce capitalists of this State to invest in the bonds of
the State, that the capital so invested shall be exempt from
taxation. There is no good reason presented to my mind
why we shall amend the Constitution of the State and ex-
empt any property from taxation. Why should the money
of the capitalist be exempt from taxation because he in-
vests it in the bonds of this State, or of the cities and counties
of this State? By many political economists it is considered
the taxes levied on property are for the purpose of defraying
the expenses of its protection, and that property of all
description should be taxed in order to defray the expenses
of the government in making laws for its protection, and
the costs and expenses of enforcing those laws. We can
borrow money at as low a rate of interest as 4 per cent, per
annum, but our necessities are not such, at this time, as to
require the postponement of the day of the payment of our
indebtedness, in consideration of a reduced rate of interest.
Instead of inviting the capitalists of this State to invest
their money in State or municipal bonds, I prefer to see it
invested in the development of our mines, the building of
railroads and the establishment of manufactories. Millions
of dollars worth of cotton are transported through this
State — some raised in it — and a few hundred bales only
manufactured here. We continue to import to this State
iron and steel, and yet the raw material from which it is
produced is abundant. Sheep-husbandry is one of our great
sources of industry, yet but few woolen goods are manu-
factured by us. We send the hides of our beeves away to be
manufactured, and they are returned to us in boots and
shoes. Instead of encouraging all those who have capital
to be money-lenders, why not, (if encouragement is to be
given to any) encourage investments in mining, manufac-
tures, and in commerce!
EDUCATION.
The number of students at the State University, the
School of Mines and the Lincoln Institute, on the first of
November last, is in excess of the number in any previous
GOVERNOR JOHN SMITH PHELPS 73
year attending those institutions at the same date. The
number of students at the State University, in all its de-
partments, is now 500. This number of students is a sure
test of the correct discipline maintained, and the meritorious
standard of education adopted at the University, and is a
testimonial to the good character of the president and the
other members of the faculty as educators and instructors
of the youth entrusted to their care. At the Normal Schools
fewer students are in attendance than in former years.
This, perhaps, may be attributed to the fact that those to
whom has been entrusted the management of the Normal
Schools have been more strict in requiring the student to
obligate himself to following the profession of teaching in
this State, after he shall have graduated. This require-
ment is in accord with the basis upon which the Normal
Schools were established, and should be exacted of the
students by those schools. The School of Mines and
Metallurgy, at Rolla, is in a prosperous condition. The
frequent discovery of mines of the precious metals in the
territories, and the demand in this State for mining engi-
neers, have no doubt caused an increase of students to qualify
themselves to follow the profession of mining engineer and
geologist. For the first time in its history, the Lincoln
Institute has an entire corps of colored teachers. Prof.
Page and his assistant teachers have thus far given general
satisfaction to the trustees, and the patrons of the Institute.
The Lincoln Institute was organized in 1870, and was es-
tablished by the money previously subscribed for that
purpose by colored soldiers, aided by a few philanthropists.
After slavery was abolished, and the negro was made a
citizen and entitled to all the legal rights to which other
citizens were entitled, it was deemed desirable to educate
some of their class to be teachers in the public schools of
this State, so that the colored children should have the same
legal right to the public money, and to obtain an education,
which the white children in the State possessed. Provision
was made for separate schools, and in many of the villages
and towns of the State, schools for colored children are regu-
74 MESSAGES AND PROCLAMATIONS OF
larly taught, and are well patronized and maintained.
The Lincoln Institute, however, has struggled for an ex-
istence. The youth who resorted to it to obtain an education
had a rugged pathway to travel to support themselves and
to devote their time to study, instead of labor. The Legis-
lature did assist the Institute, but the building did not be-
long to the State. A debt had been incurred by the trustees,
which embarrassed the operations of the school. The last
Legislature of 1879 appropriated $15,000 to the support of
the Institute, provided $5,000 should be applied to the
payment of its indebtedness. This appropriation was con-
tained in the general appropriation bill, and was a grant to
a corporation managing a charity. The Constitution pro-
vides: 'The General Assembly shall have no power to
make any grant ******* of public money or
thing of value to any individual association of individuals,
municipal or other corporation whatever." The grant of
money to the Lincoln Institute was in violation of the part
of the Constitution just quoted, and, as matters then stood,
could not receive my approval. I was, ex officio, a member
of the board of trustees. The trustees were assembled, and
with no dissenting voice, it was resolved the building of
the Lincoln Institute and its school apparatus and furniture
should be conveyed to the State. The deed was made,
executed, acknowledged and recorded, and the appropria-
tion bill was then approved. It is too soon now to be done,
but the Lincoln Institute will, if properly cared for, occupy
the same position to the colored people of the State which
the State University holds to the white people of the State.
It was a wise act to place the Lincoln Institute under the
control of the State government, where it can be cared for
and protected in the same manner as other State institutions
are protected and maintained.
I requested the Superintendent of Public Schools to
ascertain the number of students on the first day of Novem-
ber in each year, for the last six years, in all the institutions
of learning and education throughout the State, except the
public district schools and private schools of like grade.
GOVERNOR JOHN SMTTH PHELPS 75
It has been stated that the people of the West, if they
emigrated from the Southern States, are not disposed to aid,
encourage and foster institutions of learning. This opinion
has probably been based upon criticism expressed concern-
ing the management of our public schools, and some are
found condemning the system who only wish to censure
the mode of management. We find in many portions of
the State large and ornately built public school houses —
some of them three stories in height — and when the children
of the school district are assembled, there is not a sufficient
number of them to fill the rooms on the ground floor. And
if this were all, it would be tolerable. But these school
houses were built with money raised by the sale of bonds
issued by the district, and the school taxes for interest and
other proper purposes, become so enormous that the people
cannot pay them — much less the principal — :and many
join in a pardonable complaint against the system, when
the censure is really intended to be furled against the ex-
travagance and recklessness of expenditures sometimes
practiced in the name of the public schools. The people
of the West and South are thoroughly imbued with the
necessities , of a free public education, and have demon-
strated their perfect willingness to support and encourage
such a system. So far as this State is concerned, its aid
and encouragement of public schools will favorably compare
with any other State in the Union.
A statement of facts furnished by the reports made to
that able and efficient officer, Hon. R. D. Shannon, Super-
intendent of Public Schools, will substantiate the state-
ments made by me. There are three descriptions of school
funds-^-the State School fund, the County School fund and
the Congressional Township School fund. In 1874 the State
School fund was $2,624,354. In 1875 that fund was increased
about |286,000 and the increase was principally from the
conversion of 5-20 United States bonds, held by the State,
into bonds of this State. The State School fund now amounts
to the sum of $2,909,792. The County and Township School
funds aggregated, in 1874, the sum of $3,037,440, but many
76 MESSAGES AND PROCLAMATIONS OF
counties that year failed to make report of those funds.
The County and Township School funds, and some special
school funds held by counties and the city of St. Louis, this
year amount to $5,867,359, and the total funds in this
State for educational purposes, on the first of January last,
was $8,950,805, and of this sum $3,031,000 are bonds and
certificates of indebtedness of this State, upon which in-
terest at the rate of six per cent, per annum is regularly
paid. School moneys are now apportioned according to
the number of children between the ages of 6 and 20 years —
formerly between 5 and 21 years. The apportionment is
made on the enumeration of the preceding year; thus, the
apportionment of money for 1881 will be made on the
enumeration of 1880. I give the enumeration and appor-
tionment for a few years:
No. of children. Apportionment.
1877 676,153 $539,760
1878 688,248 537,306
1879 702,153 502,795
1880 723,484 515,286
A fluctuation of the receipts of the Revenue fund will
cause a variation in the amount to be apportioned. The
moneys apportioned are derived from interest on the in-
debtedness of the State to the Public School fund, and 25
per cent, of the taxes received annually by the Revenue
fund; and it appears there was paid to teachers of the public
schools during the last two years the following sums: In
1879, $2,211,926; in 1880, $2,218,637.
The result of the inquiries made by the Superintendent
of Public Schools shows the number of students in the
various seminaries of learning in this State — excluding the
district schools and private schools of that grade — as fol-
lows, in the years named:
1875 6,993
1876 7,785
1877 7,985
1878 8,097
1879 8,667
1880 9,395
GOVERNOR JOHN SMITH PHELPS 77
This table demonstrates that all the institutions of
learning, of a higher grade in this State are well patronized,
and that the people are duly impressed with the great
importance of giving to their children a good and thorough
education.
THE STATE CENSUS.
Congress has provided that if any State or Territory,
by its duly appointed or authorized agents, during the two
months beginning on the first Monday of June, in the semi-
decennial years, shall take and complete a census, in all
respects according to the schedules and forms of enumera-
tion prescribed for the census of the United States and shall
deposit with the Secretary of the Interior on or before the
first of September following, a full and authentic copy of
all the schedules returned and reports made by the persons
charged with such enumeration, the Government of the
United States will pay to such State or Territory a sum equal
to 50 per cent, of the amount which was paid by the United
States to all supervisors and actual enumerators at the last
preceding census, increased by one-half the percentage of
gain in population in such State or Territories between the
two United States censuses next preceding. But the blank
schedules to be used for this purpose shall be similar in all
respects to those used by the United States. The law of
this State provides a census shall be taken by the assessors
of the counties, and of the city of St. Louis, in 1886, and
every tenth year thereafter, but not in so comprehensive a
manner as required by the laws of the United States. An
enumeration of the people of this State was taken every
fourth year, pursuant to the requirements of the Consti-
tution of 1820, until 1848, and thereafter in pursuance of
law until 1868. After the census of 1868, it was provided
a State census should be taken in 1876 and every tenth
year thereafter. I recommend the law providing for taking
the State census be so changed that the census shall be
taken in 1885 and every tenth year thereafter, and that
the return of said census shall be made on schedules of the
same description and in like manner as the returns of the
78 MESSAGES AND PROCLAMATIONS OF
tenth census of the United States were made by the super-
visors and enumerators and that the enumeration shall be
made within the time named in the act of Congress to
which I have referred, so that the State may receive the
benefit of the provisions of said act. I invite your atten-
tion to this matter at this time so that if you shall concur
in the views I have expressed, steps shall be taken forthwith
to change the law. And if the change shall be made at this
session of the Legislature, the law will be subject to the
scrutiny and discussion of our constituents, and if defective
in any particular, there will be ample time for its amend-
ment. And if you shall make such change in our laws, it may
be the means of inducing other States to provide for taking
a census in 1885, so that there may be a complete enumera-
tion of the people of the United States taken by State au-
thority in that year. The census was taken in 1876 of
every county in the State except St. Louis. The amount
paid to the assessors for their services in taking the census
was $54,113.06. The compensation which would have
been paid to the assessor of St. Louis, if he had performed
the duty, was so entirely inadequate to the services to be
performed, that he positively refused to perform the duty.
The cost of taking the tenth United States census of this
State is $98,770.79, and this includes the cost of obtaining
statistics concerning manufactures.
The population of this State by the census of 1880 is
2,169,091. By the census of 1870, the population was
1,721,295, showing an increase of 447,796 inhabitants in
ten years, an increase of a little more than 26 per cent, in
that time. The State census, exclusive of the city and
county of St. Louis, showed a population in 1876 of 1,547,030,
and of 1,370,106 in 1870, by the census of the United States,
an increase of that portion of the State of 176,924 or
11 43-100 per cent, in six years — less than 2 per cent, per
annum — and at the rate of 29,487 per year. The census
of 1880 for the same portions of the State shows an increase
of 239,651 inhabitants over the State census of 1876, an
increase of nearly 15 >£ per cent, for that period of time,
GOVERNOR JOHN SMITH PHELPS 79
and not quite 4 per cent, per annum increase for the last
four years, and at the rate of 59,912 inhabitants per year.
It will be the duty of this Legislature to divide the
State into convenient districts for the election of Senators,
as nearly equal in population as may be, as shown by the
census recently taken by the United States, and also to
apportion representation, in accordance with the provisions
of our Constitution.
IMMIGRATION.
The people of this State — though conscious of its great
natural advantages over other States in climate, soil, pro-
duction, the richness and abundance of its mines and
mineral products, its fertile prairie lands, interspersed with
timber of an excellent quality, its timber, suitable not only
for building but for manufacturing purposes, and its rivers
and streams of water, have not sought till recently to make
known these great advantages to the people of our sister
States, or to the people of foreign lands. The last Legis-
lature provided for the establishment of a Board of Immi-
gration, but the amount of money placed at its disposal
was so inadequate to the expectations formed, that the
people themselves were forced to take hold of the question
with vigor and they stepped to the front to supply the means
necessary to accomplish the objects desired. But in the
meanwhile the State Board of Immigration had prepared
and published a small pamphlet, giving a description of the
State by counties, and an excellent map to accompany the
same. The labors of the State Board of Immigration in-
duced inquiry hy the people of other States and of foreign
lands, intending to seek a new home, concerning the ad-
vantages which this State possessed. In another portion
of this paper I have shown that since September, 1876, to
June, 1880, calling the period of time four years, the popu-
lation of the State naturally increased, and the increase
by immigration was about 60,000 persons per year. The
efforts of the Board of Immigration were ably supplemented
by the voluntary association formed by the people of this
State. Enterprising and wealthy gentlemen of St. Louis
80 MESSAGES AND PROCLAMATIONS OF
furnished the moneys required for this grand work. A
convention of the able and energetic men of the State was
held in St. Louis in April, 1880. The action of this con-
vention did not aid to increase the population of this State
embraced in the Federal census, but its influence is now felt,
and has been felt since last autumn, and will continue to
be felt for a long time. That association has published a
map and a handbook of Missouri. In the latter there is a
brief description of the advantages each county in the State
possesses, and with the additional statistics which it is
hoped will be published in a second edition, the whole
story of the wealth and resources of our State will be briefly
narrated. I hope the Legislature will make a liberal ap-
propriation to stimulate and encourage immigration to
this State.
RAILROADS.
The building of railroads is an indication of the wealth
and prosperity of the people. While the people on the line
of the projected roads may not have the money wherewith
to construct and equip these great and costly conduits of
commerce, yet they may have the wealth of products to be
transported, which will insure to the capitalist building
the road a fair income on his investment. Such has been
the condition of the people of this State. We have not
been able to furnish money to build railroads, but the
products of our fertile soil, the wealth of our inexhaustible
mines of coal, lead, zinc and iron, all promised a bountiful
recompense to the capitalist who would provide means to
transport to the consumer this great wealth, produced by
the husbandman and miner. From the first of July, 1876,
to the 31st of December last, 867 90-100 miles of railroad
have been put in operation in this State. From July 1st,
1876, to July 1st, 1878, only 66 10-100 miles of railroad
were put in operation, the depressed prices, which then
prevailed, materially paralyzing all branches of business,
and financial embarrassment and distress was impending
on all. From July 1st, 1878, to December 1st, 1879, a
period of eighteen months, 411 50-100 miles of railroad were
GOVERNOR JOHN SMITH PHELPS 81
put in operation, and for the calendar year just closed,
390 30-100 miles of railroad were completed. And I am
induced to believe the number of miles of railroad which
will be put in operation during this year will be no less
than that of last year. For further information concerning
the railroads of this State, and their management, you are
respectfully referred to the report of the Board of Railroad
Commissioners.
EXECUTION OF CRIMINAL LAWS.
The criminal laws are, as a general rule, faithfully
executed throughout the State. The extraordinary delays
which formerly occurred in bringing to trial persons charged
with high criminal offenses have ceased to impede the arm
of justice. But in the city of St. Louis great delays have
occurred in many of the important criminal cases pending
in the courts of that city. In some of those cases, by reason
of "the law's delay," justice may be thwarted and the
guilty escape the punishment due for their crimes. Crimi-
nals seldom lose anything by delay. The witnesses whose
testimony is important and material to establish the guilt
of the accused, may die, or they may remove beyond the
jurisdiction of the court, or, wearied by frequent attendance
on the court, merely to hear the cause is continued, they
become disheartened and fail to attend. There was abun-
dant testimony to establish the guilt of the accused at the
date of finding the indictment, but for the reasons given,
and for others which will suggest themselves, there is a
lack of proof, and the defendant is finally discharged.
The criminal court of St. Louis holds six terms of court
each year, and there are now cases on the docket of that
court which were first placed there three and four years ago.
In other portions of the State, the courts which have juris-
diction of criminal cases hold generally but two terms (in a
few counties, three terms) each year; and yet criminal
business is conducted with far greater dispatch in those
counties than in the city of St. Louis, with six terms of its
criminal court each year. Frequently, in the most im~
82 MESSAGES AND PROCLAMATIONS OF
portant criminal cases pending in the criminal courts outside
of the city of St. Louis, a final judgment is rendered in from
six to twelve months after the crime was committed. The
special laws governing the administration of criminal justice
in that city, in my opinion, require immediate revision.
While one court, by its judgment, sentences a man to
imprisonment in the work-house, another court in the
same city has discharged him because he is illegally held in
prison. It may be advisable to reorganize the criminal
courts of that city, and to provide for an additional judge
of the criminal court, to enable its business to be transacted
with dispatch. As a general rule, crime in this State has
diminished, and this, in part, is due to the prompt and speedy
administration of the laws and the due execution of the
sentences of the courts.
COSTS IN CRIMINAL CASES.
There was appropriated for the payment of costs in
criminal cases, for the last two years, $450,000. The last
Legislature made some change in the laws regulating costs
in criminal cases, which took effect in November, 1879.
But the diminution of expenditures under this head is
not to be entirely attributed to that legislation. Fewer
crimes have been committed and the interminable delays
which were incident to the administration of criminal laws,
in a large portion of the State, have ceased to impede the
demands of justice. The expenditures under this head, for
the last six years, are as follows:
1875 15244,773.70
1876 227,380.98
1877 239,321.65
1878 201,722.97
1879 208,836,20
1880 126,697.79
This table is based on the actual allowance by the
Auditor of fee bills against the State, though the payment
may have been made in the next year. If the laws shall be
faithfully executed, there is no reason for an increase of
expenditures.
GOVERNOR JOHN SMITH PHELPS 83
REVISION OF LAWS.
The last Legislature performed a very important and
arduous labor. The laws of this State, contained in the
last revision and also embraced in about a dozen volumes of
acts of the Legislature, passed since that time, were revised
and digested in a manner which reflects great credit on our
Legislature and the individuals having charge of the work,
and would reflect great credit upon any legislative body.
It is not to be expected that such a labor is perfect. No
very important amendments to the law suggest themselves
to me. Perhaps, however, some errors may have been dis-
covered which will require amendments; if so, you will
take the necessary steps to remedy them. Frequent changes
of the important laws of the State are not desirable, but bad
laws should be forthwith changed or repealed.' Where
changes are numerous and frequent, it sometimes becomes
difficult for the most skilled jurists to determine exa-ctly
what the law is. The Legislature has provided, in order
to enable our laws to be perfected, that it is the duty of
the judges of the Circuit Court, the judge of the Court of
Appeals and the judges of the Supreme Court, to make
note of and report to the General Assembly all such omis-
sions, uncertainties and incongruities in the statutory laws
of this State as may come to their attention and which may
be remediable by legislation. From this source, if there
be any glaring or great defect in our laws, you will, no
doubt, be apprised thereof early in the session.
SUPREME COURT.
The Supreme Court is burdened with business and
must have relief. It is very gravely questioned whether
adequate relief can be given to the court without an amend-
ment of the Constitution. One proposition looks to an
increase, permanently, of the number of judges; the other
that those judges may be appointed for a limited time, and
until the court shall catch up with its business, to be called
commissioners, and if another like exigency shall occur, to
again appoint three judges for a limited time. The last
84 MESSAGES AND PROCLAMATIONS OF
mentioned proposition has received the commendation of a
convention of the members of the bar of this State. As
this commission is to sit in conjunction with the Supreme
Court, and to have transferred to it for adjudication such
causes as the Supreme Court may deem proper, and as the
object is to obtain the ablest jurists, I suggest that the
Supreme Court shall nominate (and no nomination shall be
valid unless made by four Judges of the Supreme Court) the
persons to be members of the commission, to the Governor,
and that he shall commission them. But it seems to me the
same advantages can be obtained by the permanent addition
to the Supreme Court of two additional judges; and by the
time relief shall be given the business of the court will re-
quire the additional judges; that the Supreme Court shall,
from time to time, be organized in two divisions, composed
of three judges each, the Chief Justice to designate the
members of said division, and in case of emergency, sickness
or inability of any member to act, he shall assign himself to
one of the divisions, so as to bear his due proportion of
labor. The court shall sit in bane whenever the constitu-
tionality of a law shall be drawn in question; and in other
cases of great importance, which may be defined in the
proposition, a full court shall be held. By this means there
will be, as with the commission, two tribunals in session at
the same place and the same time, each organized to properly
discharge its duties. But, while I prefer this method, thus
briefly and perhaps not distinctly described, the necessity
for relief is so great that if one measure cannot succeed,
another should be adopted.
SETTLEMENT WITH AUDITOR AND TREASURER.
A committee was appointed by me, in 1878, in the
manner required by law, to make settlement with the
Auditor and Treasurer, and report the result of their exami-
nation to the Legislature for action. The committee per-
formed its duty. Their report was made to the Legislature,
but the Legislature failed to approve it, either in whole or
in part, and utterly failed to take definite action upon it.
GOVERNOR JOHN SMITH PHELPS
85
Therefore, no settlement has been made with the Auditor
and Treasurer for the two years ending on the 31st of De-
cember, 1878. The committee appointed by me in Decem-
ber last to make settlement with the Auditor and Treasurer,
can have no authority from me to make settlement for the
years 1877-78. The law provides: "The inquiries of the
committee shall be limited to the two years next preceding
the meeting of the General Assembly." I recommend
proper measures be taken to make settlement with the
Auditor and Treasurer for the two years ending on 31st of
December, 1878.
THE PENITENTIARY.
For years prior to the commencement of my term of
service as Governor, the management and conduct of the
Penitentiary had been attended with great expense, and
largely in excess of its earnings. For a long time past, and
at the present time, the salaries of the Warden, officers and
guards have been and are paid from the appropriation for
the pay of civil officers. The words "support and mainte-
nance" of the Penitentiary, as used in the appropriation
act, include all expenses at the prison, except salaries and
cost of erecting new buildings and other permanent im-
provements. In this prison some persons are confined
who have been convicted in the United States courts. But
of prisoners convicted in the courts of this State, there has
been a gradual diminution. The following table shows the
number of prisoners convicted in the courts of this State,
and in United States courts, confined in the Penitentiary
on the 31st day of December, for the years named:
Years.
State.
United
States.
Total.
1874 .
1.013
56
1,069
1875
1 257
21
1,278
1876
1,332
14
1,346
1877
1,276
23
1,299
1878
1,244
50
1,294
1879
1,238
35
1,272
1880
1,188
30
1,218
86 MESSAGES AND PROCLAMATIONS OF
The cost of maintaining the prison for the several
years herein named, ending on the 31st of December in
each year, is as follows:
1872 $150,033.18
i873v::::v.:v.::v/.v.:'.v.:::::::' 155,105.61
1 g74 In charge of Lesses
Ig75 " 104,625.90
Ig76 126 , 199 . 62
1877 96,010.01
1878::::::.':.'.'.;.'.'.'.'.'.''.'.'.'.''.'.'.' 51,951.52
The exhibit for the two years, 1877-78, is not as
favorable as it ought to be. A large amount of labor was
bestowed on the court-house for the Supreme Court, and
other labor for the State, for which no compensation was
allowed. The earnings of the prisoners were expended for
their support and maintenance during all the years above
named. The proceeds of prison labor are as follows for
the years mentioned:
1876 $31,222.90
187? ::::::::::.:: 71,371.41
1878 92,279.98
A portion of the earnings for the years 1877-78 were
expended in buying horses, mules and implements of in-
dustry, and other materials for the use of the prison.
The business of the Penitentiary for the last two years
shows an excess of earnings over the cost of maintenance,
of $32,901.90. During that time the earnings were:
1879 $108,160.28
1880 103,456.75
Total $211 ,617.03
The cost of maintaining the Penitentiary was as follows:
1879 $89,315,86
1880 89,399.27
Total $178,715. 13
Of this balance of $32,901.90, $20,000 has been paid
into the Treasury, $1,578.46 is in the hands of the Warden
and $11,323.44 is in material bought by the Warden for
GOVERNOR JOHN SMITH PHELPS 87
the use of the prison, and now on hand. In addition there-
to, there is a larger amount of property and material on
hand at this time than there was two years ago, which has
been purchased from the earnings of the prison. Much
labor has been performed for the State in preparing the
site and erecting a workshop thereon, and in the manu-
facture of brick, of which there is a large amount on hand.
From the results produced in the last four years, I have no
doubt the able Warden and his faithful assistants can make
the prison self-sustaining, including the salaries to be paid
the Warden, the officers and guards.
SCHOOL OF MINES.
In January, 1875, the Board of Curators of the State
University, not satisfied with the site previously selected
for the School of Mines and Metallurgy, bargained with
the Board of Education, at Rolla, for their school building
and the tract of land on which it was situated. Prior to
that date, the School of Mines had been located at Rolla,
but, to obtain such location, the county of Phelps, amongst
other things, had subscribed $75,000 in county bonds for
the benefit of said school. The county loaned its credit
in flagrant violation of the Constitution of the State. That
instrument provided no county should lend its credit unless
two-thirds of the qualified voters of such county, at a regular
or special election, shall assent thereto. The judges of the
county court of that county made the subscription without
having the assent of the qualified voters of the county, and
the Supreme Court, in 1874, held the bonds issued by said
county were void. The school building was bought at the
price of $25,000, $5,000 of which was paid at or about the
time of the bargain, and a credit was given the State for the
residue of the purchase money. The Board of Education
of the city of Rolla made its deed to the State for the public
school building and the land connected therewith. The
Curators of the State University executed a deed to a trustee
for the land sold to the State by the Board of Education,
to secure the payment of five several promissory notes, each
88 MESSAGES AND PROCLAMATIONS OF
for the sum of $4,000, given to the said Board of Education,
by the Curators, in their official capacity, payable respec-
tively on the 27th days of January, 1876, 1877, 1878, 1879
and 1880, with interest thereon, at the rate of six per cent,
per annum. This deed purported to confer on the trustee,
in default of the payment of the said several promissory
notes, or any of them, authority to sell said real estate at
public vendue, at the court house door in the city of Rolla,
for cash, by giving sixty days public notice of the time and
place of said sale, and to convey to the purchaser thereof
the title to said property. In 1872 the Legislature directed
there should be issued and delivered to the treasurer of
the School of Mines and Metallurgy at Rolla, by the Gov-
ernor, 35 State bonds, each for $1,000, with interest coupons
at the rate of 6 per cent, per annum, payable semi-annually,
and having 20 years to run. Those bonds were delivered
to the treasurer of the School of Mines. The proceeds of
said bonds were directed to be applied toward the erection
and equipment of a suitable building for the School of Mines
and Metallurgy, under the direction of the Board of Curators.
It appears that, prior to the execution of the deed herein
named, a contract in writing was made by committees
representing the said Board of Education and the Board
of Curators of the University. That contract was ratified
and approved by the respective boards, and in pursuance
thereof the deeds were made and executed. In the con-
tract thus approved it was stipulated the Board of Curators
might take up the notes, agreed to be given by the Curators,
at any time before the maturity thereof, on the payment
of the principal and the interest due, either in cash or in
the bonds of the Board of Education of the city of Rolla,
at their par value, or in both cash and bonds. The Board
of Education had issued $35,000 in bonds, with the pro-
ceeds of which the school building, sold as stated, was
erected. Some payments have been made by the Curators
on the notes given by them to the Board of Education, but
I am unable to state the precise amounts or dates of pay-
ments; and none of the notes or bonds given by the Board
GOVERNOR JOHN SMITH PHELPS 89
of Education have been paid by the Curators. The deed
of trust of the Curators conveys no title, as that board of
officers had no authority to make such a conveyance; no
authority to mortgage or encumber the building which
had been conveyed to the State. It is alleged the Curators
have expended all the money arising from the sale of said
bonds, and the interest which accrued before sale, (no in-
considerable sum), towards the erection and equipment of a
suitable building for said School of Mines, and have not
yet paid for the building. The Board of Education of
Rolla desire to receive the money promised to be paid them
for their school building. Conceding the proceeds of the
State bonds have in part been misapplied, the State has
no adequate remedy. Under these circumstances, I advise
the amount due to the Board of Education of Rolla be
ascertained, appropriated and paid to the proper party,
and the notes be canceled and filed in the office of the State
Auditor.
REPAIRS OF THE CAPITOL.
The last Legislature appropriated the sum of $12,000
for repairs of the State Capitol. This money has been
expended in making new ceilings for one hall and repairing
the ceiling of the other, repairing the roof, the walls and
the rooms in the basement, and giving to the building
suitable and proper drainage, repairing the porch, the steps
to the same, and the walk thereto. In addition to this,
new window sash and glass have replaced the old, and much
labor has been bestowed on the cupola. In my opinion this
work has been judiciously and economically performed by
Mr. Fred. Binder, who was appointed by those having
charge of the expenditure of the money to superintend the
work. Several rooms in the basement have been repaired
in such manner that there is a stratum of air between the
walls and the plastering. This prevents moisture from
accumulating and standing upon the walls, as it does in
other rooms of the building, where the plastering has been
placed directly upon the walls. These rooms are dry,
healthy and easy of access, and will make convenient com-
90 MESSAGES AND PROCLAMATIONS OF
mittee rooms for the Legislature, and if they shall be used
as such, the contingent expenses of the Legislature will be
thereby reduced.
WAR CLAIMS.
The United States re-imbursed this State for expenses
it had incurred and paid in the suppression of the rebellion,
to the 17th day of April, 1866. But at that date there were
laws authorizing further payments to those who performed
military services during the war; and to enable the State
government to discharge its liability to them, and for sup-
plies, etc., furnished, money was appropriated and paid
by the State. The State, after the date mentioned, did
pay to its militia the sum of $319,876.11 for services rendered
in suppressing the rebellion, as appears by the vouchers
in the office of the State Auditor. An act of Congress was
approved in January, 1879, directing the Secretary of the
Treasury to investigate, consider and examine the evidence,
vouchers and records relating to said payments, on file
in his department and which might be filed by the State,
and to report to Congress the amount which shall appear
to be justly due this State. I directed Adjutant-General
Mitchell to examine the records of his own office, and, with
the State Auditor and Treasurer, the records of their respec-
tive offices and have copies of all vouchers he deemed neces-
sary to support our claim, prepared and duly certified, to be
used in support of the demand of the State, and to proceed
with them to Washington and endeavor to have a hearing
and settlement of this claim. The Auditor entrusted to
him the original vouchers in his office, to be carried to
Washington in order that the accounting officers of the
Treasury might examine and compare them with the certified
copies, if it should be desired. The department claimed
the original vouchers ought to be filed in support of the
claim, but Gen. Mitchell was instructed to refuse a com-
pliance with this request, for the reason the original papers
entrusted to him were records of the public offices of this
State, and whilst the custodian of them might produce
them for examination, he had no authority to so place them
GOVERNOR JOHN SMITH PHELPS 91
that their possession could not be regained at any moment
by the proper officer. Those papers are a part of the public
records, and can only be withdrawn from their custodian
by law. Gen. Mitchell discharged his duty in this regard
as far as it could be performed, and on his return he made
a report to me of his action in the premises. To avoid
any further delay in the adjustment of our claim I advise
provision be made to deliver the original vouchers to the
Treasury department, provided the certified copies of
them be returned to replace the originals.
MILITIA.
There are now 35 companies of militia duly organized
and properly armed. Of these, 3 companies of infantry
are of colored persons — 2 in St. Louis and one in Kansas
City. There is one company of cavalry and one battery,
both in the City of St. Louis. The remaining 30 companies
of infantry are organized in different portions of the State.
All the troops are well drilled, and in a good state of disci-
pline, and will compare favorably with the militia of any
other State. I had hoped to be able to inform you that
the Police Reserves had entered the militia service and been
duly organized as a part of that force. The Police Reserves
occupy an anomalous position. Organized as a military
force, and armed by the State, no one holds a commission
as an officer thereof, and no officer of that force — what-
ever his rank — can command the lowest officer or any
member of the militia. The zeal and public spirit mani-
fested by the officers and men of the militia is highly com-
mendable, and entitles them and their requests to a partial
hearing by you. Two battalions are organized in the City
of St. Louis and two in the City of St. Joseph, and the
total of the rank and file numbers 1,930 men.
FISH CULTURE.
Provision was made in 1877 for the establishment of a
commission whose duty it was to act in conjunction with
the commissioner of the United States in stocking the
92 MESSAGES AND PROCLAMATIONS OF
waters of this State with such fishes as they may consider
best adapted to furnish cheap and nutritious food. A
small sum of money was appropriated for this purpose.
The last Legislature provided for three commissioners to
discharge this duty. All the commissioners serve without
compensation, and they were authorized to buy or lease a
suitable location and erect a hatching house thereon. Three
thousand dollars per annum were appropriated for this
purpose, and to defray other expenses to be incurred by the
commissioners in the discharge of their duties. In my
opinion, the money has been judiciously expended. A
hatchery has been established and properly prepared, from
which fish will be taken and placed in the streams of water
in this State. A report from the commissioners, it is ex-
pected, will soon be placed before you.
LUNATIC ASYLUM AT ST. JOSEPH.
During the session of the last Legislature, the Lunatic
Asylum at St. Joseph was destroyed by fire. Temporary
provision was made for the support of the patients, and the
county of Buchanan, with commendable generosity, set
apart a portion of its large and commodious court house
to be occupied by the patients. The building thus destroyed,
with its site, furniture and equipment, had cost the State
more than $300,000. The sum of $75,000 only was ap-
propriated by the Legislature for rebuilding the asylum
on the site of the one destroyed, and for refurnishing it.
The damaged material from the burned building, which
could be used, was used in the rebuilding, and the residue
was disposed of, realizing about $2,000 from the sale. The
law required me to appoint three commissioners to carry
its provisions into effect. I appointed Dr. Geo. C. Catlett
and Messrs. A Kirkpatrick and A. C. Dawes, as such com-
missioners, whose services were rendered without compensa-
tion, and their duties were faithfully and efficiently per-
formed. Their estimate of the work and payment there-
for were submitted to me and received my approval. There
are rooms in the fourth story of the building not yet com-
GOVERNOR JOHN SMITH PHELPS 93
pleted. The former building was intended to accommodate
only two hundred patients, while the new asylum will
accommodate three hundred patients. One of the com-
missioners makes the following brief statement: "This
building is greatly superior to the former one in affording
one-third more accommodation as well as a more comfortable
home for the insane. It is well protected against the dangers
of fire, and has ample ways of ingress and egress. The
improved reconstruction has greatly diminished the diffi-
culties of management."
NATIONAL BANK OF COMMERCE.
When I entered on the discharge of my official duties,
I found the National Bank of Commerce, in the City of
New York, had been previously selected and then was the
agent of the State for the payment, of the interest on the
bonded debt of the State, payable in said city. The com-
pensation formerly paid to this bank for the redemption
of the interest coupons was one-fourth of one per cent.
By an act of the Legislature, approved March 10, 1872,
it was provided the commission to be allowed for these
services should not exceed one-tenth of one per cent. From
the date aforesaid to the present time that bank has paid
the interest coupons, payable in New York, and redeemed
bonds of this State as they have been called in, with the
money of the State deposited with it for that purpose.
For several years past, money has not been appropriated
to pay said bank for its services, and its account against
the State since 1872 remains unadjusted and unpaid. I
recommend provision be made to pay the bank for the serv-
ices it has rendered the State. The last Legislature was
informed of the condition of this demand by the Fund
Commissioners, but failed to make any provision for its
payment.
BOARD OF HEALTH.
The Government of the United States has established
a National Board of Health, and some of the States have
established Boards of Health to co-operate with it. The
94 MESSAGES AND PROCLAMATIONS OF
object of such organizations is to obtain the active co-
operation of the medical profession in making sanitary
investigations and inquiries respecting the causes of disease,
and especially epidemics, the causes of mortality, and the
influences of locality, employment, habits and other circum-
stances and conditions, upon the health of the people.
No member of the State Board of Health should receive
compensation from the State for his services, except the
secretary, who should receive a reasonable salary, and a
small additional sum will be required for stationery, print-
ing, etc. I hope such an organization will be authorized,
and the proper sum appropriated for its support.
CONCLUSION.
And now, as I am about to return to private life, I
can say that during my official career, in whatever position
I may have served, I have endeavored faithfully to dis-
charge the duties which devolved on me, and have sought
to promote the prosperity and welfare of the people of this
great commonwealth. My administration of the laws of
this State is a part of its history. It is spread out before
the people for their observation, and to their judgment I
cheerfully submit the record I have made.
JOHN S. PHELPS.
Executive Office, Jefferson City, Mo., Jan., 1881.
GOVERNOR JOHN SMITH PHELPS 95
VETO MESSAGES
TO THE HOUSE OF REPRESENTATIVES
MARCH 30, 1877
From the Journal of the House of Representatives, pp. 689-691
I return to the House of Representatives, in which it
originated, without my approval, a bill entitled "An act
supplementary to an act entitled an act to repeal an act
entitled an act to more fully provide for the organization
of counties into municipal townships, and to further pro-
vide for the local government thereof, and repealing all
former acts relating thereto, approved March 24, 1873, and
also to repeal all acts amendatory of said act," approved
March 5, 1877.
By the first section of the bill, the term of office of
county and township officers is extended in those counties
which have adopted township organization.
This law was enacted in 1873 — justices of the peace
and the assessor of the township compose the township
board of directors; justices of the peace and constables hold
their offices for two years, and the other township officers
for one year, and judges of the county court for four years.
Justices of the peace and two judges of the county court
are to be elected this year, one from the county at large and
the other from a district. If there shall be vacancies in
township offices, the township board of directors is em-
powered to fill those vacancies.
Such, in brief, is the law relating to the election and
tenure of township offices and judges of the county courts
in counties which have adopted township organization, and
as a general rule all officers hold office not only during their
official terms, but also till their successors shall be duly
elected and qualified.
96 MESSAGES AND PROCLAMATIONS OF
But the Constitution provides, section 8, article 14,
"nor shall the term of any office be extended for a longer
period than that for which such officer was elected or ap-
pointed."
The evil sought to be avoided by the framers of our
Constitution was to prevent the enactment of laws by which
the term of office of any incumbent should be extended
beyond the period for which said officer had been elected
or appointed. In the absence of the provision of the Con-
stitution cited, or of a similar provision, terms of office
might have been extended by the Legislature in two
methods:
First — By enacting the term of office shall be extended
for the time named in the law.
Second — By repealing the law providing for the elec-
tion of his successor, but not abolishing the office.
Each method would be equally efficient to prolong
the term of service of the incumbent, and each method
would extend the term beyond the period for which the
incumbent had been elected or appointed.
Prosecuting attorneys are biennially elected, the term
of service being for two years and until their successors shall
be elected and qualified. Suppose a bill should be passed
providing no prosecuting attorney shall be elected at the
general election in 1878, provided nothing in said act shall
be so construed as to prevent those now in office from hold-
ing their offices, would not the term of service of prosecuting
attorneys be extended for a longer period than that for
which such officer was elected? And would not such legisla-
tion be in violation of the Constitution?
But one answer can be made in the case supposed:
Such legislation would be unconstitutional, and does it
matter whether the term of office is prolonged by the Legisla-
ture a few weeks or for two years? Does the period of time
it is proposed to extend the official term determine its
constitutionality? Any extension of the term of office is
prohibited by the Constitution.
GOVERNOR JOHN SMITH PHELPS 97
The first section of the bill under consideration pro-
vides "No election shall be held in any township in any
county in this State under township organization on the
first Tuesday in April, 1877, for township officers, nor for
members of the county court: Provided, That nothing in
this act shall be so construed as to prevent township officers
now in office from holding their offices until the act to which
this act is supplementary shall go into effect."
The act of March 5, 1877, provides all laws for the
organization of counties into municipal townships, and to
further provide for the local government thereof, are re-
pealed. But this act will not go into effect until the period
fixed by the Constitution, viz.: ninety days after the ad-
journment of the Legislature. Then the term of office of
some township and county officers will be extended, if the
bill under consideration shall become a law, or ninety days
after the adjournment of the Legislature.
The extension of the term of office will be accomplished
by the repeal of the law providing for the election of officers,
and if such repeal of the law providing for the election of
officers, and thereby extending the term of service of officers
is constitutional, then the term of service of every officer
in the State may be prolonged and extended, simply by a
repeal of the law providing for the election of their successors.
I cannot approve of the bill, because it is proposed to
extend the term of office of many officers for a longer period
than that for which such officers were elected, and there-
fore it will violate the Constitution, hence I return the bill
to you with my objections to the same.
Very respectfully,
JOHN S. PHELPS.
Executive Mansion, March 30, 1877.
98 MESSAGES AND PROCLAMATIONS OF
TO THE HOUSE OF REPRESENTATIVES
APRIL 4, 1877
From the Journal of the House of Representatives, pp. 753-754
STATE OP MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON,
April 4, 1877.
Representatives:
A bill has been presented to me for my approval, which
originated in the House of Representatives, and is entitled
"An act to amend section 82, chapter 34 of the General
Statutes of Missouri."
The title of this law is "Of counties and county
boundaries," and by it the names of the counties are given
and their boundaries defined.
The bill under consideration is as follows:
"Section 1. That section 82 of chapter 34 of the
General Statutes of Missouri be and the same is hereby
amended so as to read as follows: Section 82. Beginning
at the northwest corner of section one (1), township twenty-
three of range twenty-nine; thence south with the sub-
divisional line to the south boundary line of the State;
thence west with the State line between townships twenty-
three and twenty-four; thence east with township line
between townships twenty-three and twenty-four to the
place of beginning: Provided, That McDonald county shall
have no claims against the county of Barry for taxes here-
tofore collected on any personal property or real estate,
or any of the land that may now become in McDonald
county under the provisions of this act."
Section 82 is as follows: "Section 82. McDonald —
Beginning on the west boundary line of the county of Barry,
as defined by an act approved February 24, 1849, entitled
'An act to define the western boundary line of Barry county,'
at a point on said line between townships twenty-three and
twenty-four of range number twenty-nine west; thence
GOVERNOR JOHN SMITH PHELPS 99
west along said township line to the western boundary line
of the State; thence south with said boundary line to the
south-west corner of the State; thence east to the State line
between the States of Missouri and Arkansas, to the south-
west corner of Barry county, where the line as defined by
the act aforesaid, intersects the southern boundary line
of the State; thence north on the said western boundary
line of Barry county to the place of beginning."
In the law the name of the county is given.
In the section it is proposed to amend, in the bill under
consideration, the name of the county is omitted.
The bill under consideration is local, and strikes off
a part of Barry county and adds it to the county of Mc-
Donald.
The Constitution, section 54, article 4, provides: "No
local or special law shall be passed, unless notice of the
intention to apply therefor shall have been published in the
locality where the matter or thing to be affected may be
situated, etc." And "the evidence of such notice having
been published, shall be exhibited in the General Assembly
before such act shall be passed, and the notice shall be
recited in the act according to its tenor."
This Legislature has prescribed how notices of inten-
tion to apply for local and special laws shall be published,
but the Legislature has not recited in this act the notice
according to its tenor, as is required.
The bill under consideration strikes off a part of the
county of Barry, and adds the same to the county of Mc-
Donald, which adjoins the first named county.
But section 4 of article 9 of the Constitution provides:
"No part of the territory of any county shall be stricken
off and added to an adjoining county without submitting
the question to the qualified voters of the counties im-
mediately interested, nor unless a majority of all the qualified
voters of the counties thus affected, voting on the question,
shall vote therefor."
100 MESSAGES AND PROCLAMATIONS OF
No election has been held in accordance with the pro-
vision of the Constitution in either of the counties of Barry
and McDonald, for there is no law authorizing such election.
Because no notice has been given of the intention to
apply for the passage of the law under consideration, and
because the question of striking off a portion of the county
of Barry and adding it to the county of McDonald, has
not been submitted to the qualified voters of the counties
immediately interested, and received a majority of the votes
therefor, I withhold my approval of said bill, and return
the same to you for further consideration.
Very respectfully,
JOHN S. PHELPS.
TO THE SENATE
APBTL 4, 1877
From the Journal of the Senate, pp. 354-355
STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON,
MISSOURI, April 4, 1877.
Senators:
I return to you, without my approval, a resolution
entitled Joint and concurrent resolution in regard to cancel-
ing vouchers and receipts in the Auditor's office, and destroy-
ing wolf-scalp certificates and Auditor's warrants in Treas-
urer's office.
This resolution provides: "That the committee ap-
pointed by the Governor to settle with the State Auditor
and State Treasurer be instructed to have canceled under
their immediate supervision all vouchers and receipts in the
Auditor's office which they have examined and passed on,
and to destroy all Auditor's warrants and wolf-scalp certifi-
cates found paid and examined and passed upon by said
committee; and also, to destroy the old Auditor's warrants
that have failed to be destroyed, as provided by law, to-
gether with other worthless papers that have accumulated
GOVERNOR JOHN SMITH PHELPS 101
in the office of the State Treasurer, as shown by said com-
mittee in their report."
The general law provides (2d Wagner's Statutes, p.
1340, sec. 54) that if the settlement made by the committee
with the Auditor and Treasurer shall be approved by the
Legislature, proper entries of the settlement shall be made,
certain vouchers shall be canceled, and that the warrants
on the Treasury for which the committee in the settlement
have given credit to the Treasurer, shall be burned. The
general law does not authorize the destruction of wolf-
scalp certificates, nor can they be lawfully destroyed unless
a proper law for that purpose shall be enacted.
If the settlement made by the committee has been
approved by the Legislature, the cancellation of the vouchers
and burning of the warrants will take place by virtue of the
provisions of the law above cited; but the wolf-scalp certifi-
cates have been redeemed by the late Treasurer with cash,
received by the present Treasurer as cash, and the Treasurer
is entitled to a credit for the same. The late Treasurer
in his report, page 8, states: 'The cash balance in the
Treasury is composed of the following items, and amongst
those items is the sum of $4,484.50 in wolf-scalp certificates.
These certificates should be destroyed, and the Treasurer
receive a credit therefor. But the general law does not
authorize their destruction, and hence until the Legislature
shall direct their destruction, they must be preserved. But
the Legislature has, by the resolution which I return to you,
declared its desire for their destruction, and that the
Treasurer shall receive a proper credit therefor. But can
the Legislature, by a joint or concurrent resolution, authorize
this to be done? I concur with the Legislature in the opinion
these certificates ought to be destroyed, and the Treasurer
should receive a credit therefor. But I differ in opinion
with the Legislature in the manner this authority shall be
given.
The Legislature has declared it shall be done by a
resolution, declaring: "Be it resolved by the Senate, the
House of Representatives concurring therein," whilst I
102 MESSAGES AND PROCLAMATIONS OF
believe this authority shall be given by a bill, conforming
to the Constitution, which declares: "The style of the
laws of this State shall be: 'Be it enacted by the General
Assembly of the State of Missouri as follows:' "
In other words, the Executive is of opinion this authority
cannot be given by a joint or concurrent resolution, but
must be given by a law, with the proper enacting clause,
and he is further confirmed in this opinion by the provision
of the 14th section, article 5 of the Constitution. This
section provides: "Every resolution, to which the con-
currence of the Senate and House of Representatives may
be necessary, except on questions of adjournment, of going
into joint session, and of amending this Constitution, shall
be presented to the Governor, and before the same shall take
effect shall be proceeded upon in the same manner as in
the case of a bill: Provided, That no resolution shall have
the effect to repeal, extend, alter or amend any law," and
because the resolution under consideration is in conflict
with said proviso, and does extend and alter the laws of
this State, I am compelled to withhold my approval of the
same.
Very respectfully,
JOHN S. PHELPS.
TO THE SENATE
APRIL 5, 1877
From the Journal of the Senate, p. 367
STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON,
April 5, 1877.
Senators:
I return to the Senate, in which it originated, An act
concerning notaries public, without my signature.
This bill provides for the appointment of notaries
public, and prescribes their term of office and duties. No-
taries public are appointed fpr counties; their duties are
to be performed within the county for which they are
GOVERNOR JOHN SMITH PHELPS 103
appointed; they are county officers, and the term of office
must be prescribed by law. The 14th section, 9th article
of the Constitution provides: the term of county, township
and municipal officers shall not exceed four years, unless
otherwise directed by our Constitution. The term of
notaries is not otherwise fixed by the Constitution, and,
hence, cannot exceed four years. This bill fixes the term
of office of notaries public at six years, and is therefore in
conflict with our Constitution. Hence I disapprove of the
bill
Very respectfully,
JOHN S. PHELPS.
TO THE HOUSE OF REPRESENTATIVES
APRIL 6, 1877
From the Journal of the House of Representatives, pp. 785-787
STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFEFSON,
April 6, 1877.
Representatives:
The bill entitled "An act to appropriate money,"
which originated in the House of Representatives, has been
presented to me for my approval.
The 6th section of this bill appropriates money for the
support of the eleemosynary and educational institutions
of the State for the years 1877 and 1878. I object to the
following described portion of the 6th section of the bill,
viz: "Third. For the support of the St. Louis County
Insane Asylum, seventy thousand dollars ($70,000)," and
I approve the residue of this bill.
The 46th section, 4th article of the Constitution, reads
as follows:
"The General Assembly shall have no power to make
any grant, or to authorize the making of any grant of public
money or thing of value to any individual, association of
individuals, municipal or other corporations whatsoever
104 MESSAGES AND PROCLAMATIONS OF
Grants of public money or things of value are prohibited
from being made to individuals, association of individuals,
to municipal corporations, or to any other corporation
whatsoever. And this prohibition of power to the Legisla-
ture is expressed in as strong, imperative and unambiguous
language as can well be used.
This grant of money is made for the support of the
St. Louis County Insane Asylum. But there is no corpora-
tion of that name, nor is there any such asylum now owned
by the county of St. Louis. The county of St. Louis had
authority for that purpose, and did establish a lunatic
asylum_see Session Acts, 1867, p. 105, and Session Acts,
1870, p. 452.
And by an act entitled "An act to provide for and
maintain the St. Louis County Insane Asylum," approved
in 1872, it is declared the county of St. Louis has erected
an insane asylum, etc., and for its further support, the
advancement of its interests, and the humane objects
contemplated by its establishment, the sum of $15,000
annually was appropriated by the Legislature, payable
semi-annually, on the requisition of the county court of
said county, and the warrant on the treasury was to be drawn
in favor of said county court, and by an act passed in 1875,
instead of the above named sum of money, the sum of
$25,000 annually was donated, to be paid from the State
treasury semi-annually, on a warrant drawn in favor of the
county court of said county. These acts of the Legislature
are referred to show that at that time the Insane Asylum
in the county of St. Louis was the property of the county of
St. Louis, and that the moneys appropriated for its support
by the State were appropriated for the benefit of and payable
to the county of St. Louis.
These appropriations were made whilst a former Con-
stitution of our State was in force, and which did not pro-
hibit the Legislature from granting money to counties for
such purposes. There is no law by which the State has
any control over that beneficent institution. It was con-
trolled and governed, and its officers were appointed by
GOVERNOR JOHN SMITH PHELPS 105
the county court of St. Louis county. It was not a State
institution; patients from other counties than St. Louis
were not permitted to share in its benefits and blessings.
This asylum was clearly and exclusively a county and not
a State asylum. Suppose this portion of the appropriation
bill to which I object, shall become a law, to whom will the
moneys named be payable? In whose favor will a warrant
be issued? who can receipt for the same? The warrant
would be drawn in favor of St. Louis county, and the agents
of St. Louis county would receipt for the same; in other
words, the money is payable to the county of St. Louis,
and to no one else, and the appropriation of this $70,000
is a grant of the money to the treasury or grant of public
money to the county of St. Louis, a municipal corporation
of the State.
But there is another view to be taken of this proposed
appropriation. The county of St. Louis has not an Insane
Asylum. It did have such an institution, but when the
scheme, by which the city was separated from the county
of St. Louis was adopted, the Insane Asylum of St. Louis
county was "transferred and made over to the city of St.
Louis." (See section 10 of scheme.) Hence there is no
such institution as that described in the appropriation bill,
to receive the grant or donation of money.
I admit the appropriation is intended for a humane and
worthy object, one which strongly appeals to our sympathy
and philanthropy. But we appropriate already $140,525
for the support of the two Lunatic Asylums, and the sum
of $276,150 for the support of the eleemosynary institutions
of the State, and estimating one-fourth of the State revenue
at $365,000 per annum, we appropriate the sum of $833,000
for educational purposes, making for educational and
charitable purposes the sum of $109,150 for the two years,
whilst the total appropriation, payable out of the revenue
fund, including the appropriation under consideration, is
the sum of $2,658,453, and if we deduct from this sum the
$70,000, it will leave the sum of $2,588,453 as the total
amount payable out of the revenue fund. Thus we devote
106 MESSAGES AND PROCLAMATIONS OF
nearly four-ninths of the revenue fund of our State to educa-
tion and eleemosynary objects.
But this is not a question of sympathy or humanity,
it is a question of power. Has the Legislature the authority,
under the Constitution, to make this appropriation? The
thing proposed to be done is to make a grant of public
money to a municipal corporation, and because the General
Assembly is prohibited from making such a grant to any
individual or municipal corporation, I object to the ap-
propriation which I have indicated, and I have appended
to said bill, at the time I signed the same, the following
statement: "I object to the following described portion
of the sixth section of this bill, viz: 'Third — For the support
of the St. Louis county Insane Asylum seventy thousand
dollars, $70,000. "I approve the residue of this bill."
Very respectfully,
JOHN S. PHELPS.
TO THE HOUSE OF REPRESENTATIVES
APEIL 21, 1877
From the Journal of the House of Representatives, pp. 99%-L
STATE OF MISSOURI, EXECUTIVE DEPABTMENT, CITY OF JEFFERSON,
April 21, 1877.
Representatives:
I have carefully considered a bill which originated in
the House of Representatives, entitled "An act to repeal
an act entitled an act amendatory of an act entitled an act
to incorporate the town of New Haven, in the county of
Franklin, approved March 20, 1861," and return the same
to you without my approval.
The bill under consideration is local and special; the
title as well as the text of the bill shows it as a bill to change
the charter of an incorporated town. The Constitution,
article 4, section 53 provides, "The General Assembly shall
not pass any local or special law **** incorporating cities,
towns or villages, or changing their charters,"
GOVERNOR JOHN SMITH PHELPS 107
If the Legislature can change the charter of one munici-
pal corporation in any particular, it may change the charter
of all municipal corporations by special laws and in many
particulars. The Constitution, article 95 section 7. declares:
"The General Assembly shall provide, by general laws, for
the organization and classification of cities and towns. The
number of such classes shall not exceed four, and the power
of each class shall be defined by general laws, so that all
such municipal corporations of the same class shall possess
the same powers, and be subject to the same restrictions.
The General Assembly shall also make provisions by general
law, whereby any city, town or village, existing by virtue
of any special or local law, may elect to become subject to
and be governed by the general laws relating to such cor-
porations."
The Constitution provides there shall be four classes
of municipal corporations, and permits the inhabitants of
each to remain under its present and existing charter, with-
out any change, or they may elect to be subject to and be
governed by the general law relating to such corporations.
Because the bill proposes to change the charter of the town
of New Haven, in violation of the provisions of the Con-
stitution, I withhold my assent from the bill.
Very respectfully,
JOHN S. PHELPS.
TO THE HOUSE OF REPRESENTATIVES
APRIL 21, 1877
From the Journal of the House of Representatives, p. 994
STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON,
April 21, 1877.
Representatives:
I return to the House in which it originated a bill,
entitled "An act to repeal a part of sections 2 and all of
section 17 of an act entitled an act to establish 1he Watson
Seminary, approved January 25, 1847," without my approval
108 MESSAGES AND PROCLAMATIONS OF
The act of 1847 referred to is a charter of incorporation
for the maintenance and government of a school by the
corporate name of the "Watson Seminary," in the county
of Pike. The bill proposes to amend the act of incorpora-
tion by repealing one section and part of another section
of said act.
This is clearly in violation of the provision of the Con-
stitution. Article 4, section 53, provides: "The General
Assembly shall not pass any local or special law * * *
creating corporations, or amending, renewing, extending or
explaining the charter thereof."
The object of this bill appears to be to repeal that part
of said charter which provides that fines, penalties and
forfeitures accruing to the county of Pike shall be applied
to the increase of permanent fund of said seminary. It
appears to me that provision of said charter is abrogated
by the provisions of the 8tb section of llth article of the
Constitution, which provides the clear proceeds of all
penalties, forfeitures and fines collected in the several
counties shall be securely invested and sacredly preserved
in the several counties as a county public school fund.
But whether this opinion be correct or not, as the bill
conflicts and is in violation of the Constitution, I cannot
approve of the bill.
JOHN S. PHELPS.
TO THE HOUSE OF REPRESENTATIVES
APRIL 27, 1877
From the Journal of the House of Representatives, pp. 1109-1110
STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON,
April 27, 1877.
Representatives:
I return to the House in which it originated a bill
entitled "An act to amend chapter 63 of the General Statutes
of 1865, by adding three sections thereto, providing a penalty
for violating the provisions of section 15, article 12 of the
Constitution."
GOVERNOR JOHN SMITH PHELPS 109
The second section of this bill, called section 52, is as
follows: "Any transfer of stock in any such corporation,
made outside of this State since the adoption of the present
Constitution, shall be held invalid, and shall not authorize
the holder thereof to vote thereon, if called in question by
any party interested, until such transfer is actually made
upon the books of the company in this State, and such trans-
fer shall be made at least thirty days before the person claim-
ing to hold the same shall be permitted to vote thereon at
any meeting of the stockholders of the corporation, and
any stockholder offering to vote such stock, or any part
thereof, at any election held by such corporation for directors
or other officers, in violation of this section, shall forfeit
the right to vote the same at any election of officers of such
corporation for the space of two years."
This section declares transfers of stock in any railroad
company doing business in this State, which have been
made elsewhere than in this State, since the adoption of our
Constitution, shall be held invalid — that is. void. The
Constitution of this State was adopted on the 30th day of
October, 1875. In the Schedule to the Constitution it is
declared: "This Constitution shall be submitted to the
people of this State for adoption or rejection at an election
to be held for that purpose only on Saturday, the 30th day
of October, 1875." The Constitution became the Supreme
law of this State on the 30th day of November, 1875.
By this section of the bill under consideration it is
declared all transfers of stock in any railroad company
doing business in this State, whether specially incorporated
by the Legislature of this State or organized under the
general incorporation law of this State, or incorporated
under and by the laws of any other State, shall be held
invalid — void — if made at any time since the 30th day pf
October, 1875, unless such transfers of stock were made
in this State; and it is specially provided in this bill that the
holder of such stock shall not vote such stock if called in
question by any party, unless such transfer shall have been
made on the books of the company in this State at least
110 MESSAGES AND PROCLAMATIONS OF
thirty days before he shall offer to vote such stock at any
meeting of the stockholders. And it is further provided
in this section that if any stockholder shall offer to vote
such stock (that is, stock transferred outside of this State
since 30th October, 1875), he shall forfeit the right to vote
such stock for the space of two years at any election of
officers of such corporation.
The Constitution of the United States provides no
State shall pass any law impairing the obligation of con-
tracts.
The 15th section of the bill of rights of our Constitu-
tion is as follows:
"That no ex post facto law or law impairing the obliga-
tion of contracts or retrospective in its operation * * * *
can be passed by the General Assembly."
This bill is in conflict with both the Constitution of the
United States and of this State in this: that it impairs the
obligation of contracts by declaring contracts which were
valid when they were made shall be held invalid.
No one will assert there was any semblance of law in
force from the 30th day of October to the 30th day of No-
vember, 1875, which required transfers of stocks in the rail-
roads doing business in this State to be made in this State.
Transfers of stock in the railroads doing business in
this State are valid if made in accordance with the by-laws
and regulations of their respective companies, whether made
in this or any other State, and yet this bill declares all such
transfers of stock made in accordance with law shall be
held invalid if made elsewhere than in this State. The
bill is retrospective in its operation, for if it shall become a
law it will impair the rights of the holders of stock in roads
doing business in this State, if the transfers of stock were
made outside of this State and in accordance with all laws
in force at the time such transfers were made.
For the reasons thus briefly given, I refuse to approve
said bill.
JOHN S. PHELPS.
GOVERNOR JOHN SMITH PHELPS 111
VETO RECORDED WITH THE SECRETARY OF
STATE
MAY 12, 1877
From the Journal of the Senate, pp. 615-616
Hon. M. K. McGrath, Secretary of State:
Sir — I return to you a bill entitled "An act directing the
State Board of Equalization to assess, adjust and equalize
the railroad property in the State of Missouri, for the years
1876 and 1877," which was presented to me within the
ten days prior to the adjournment of the General Assembly,
without my approval. The bill proceeds upon the idea
that it was the duty of the State Board of Equalization at
its session in 1876 to assess, adjust and equalize the railroad
property in the State liable for taxation for the year 1876,
and the State Board of Equalization neglected and failed
to discharge its duty; and the bill seems specially to require
the State Board of Equalization shall, at its regular session
in 1877, assess the railroad property in this State liable to
taxation for 1876.
"The preamble of an act is the recital by way of in-
troduction or inducement to the enacting part, of the reasons
on which the enactment is founded. The preamble of a
public statute recites the inconveniences which it proposes
to remedy * * * or the advantages it proposes to effect."
Now, the preamble to this bill declares, "whereas the State
Board of Equalization did not at its annual meeting in the
year 1876, assess, adjust and equalize the railroad property
in the State liable to taxation for the year 1876; and, where-
as, the railroad companies have not paid any tax for said
year, therefore." The preamble is true; the State Board of
Equalization did not, at its meeting in 1876 assess, adjust
and equalize the railroad property in this State for the year
1876, and it did not do so because the law did not require
it to be done, and if the Board of Equalization had^done so,
it would have usurped authority and acted without the
112 MESSAGES AND PROCLAMATIONS OF
sanction of law. The Board of Equalization which met in
1876 did assess, adjust and equalize the railroad property
in this State, subject to taxation, which was owned by the
railroad companies on the first of August, 1875, and the
Board of Equalization which met in 1875 did assess, adjust
and equalize railroad property in this State owned by said
railroads on the first day of August, 1874, and the Board
of Equalization which met in 1874, did assess the railroad
property in this State subject to taxation, which was owned
by said railroad companies on the first day of August, 1873,
and the Auditor was by law required to lay before the Board
of Equalization the reports which had been made in the
January immediately next preceding the assembling of
said boards by the presidents of the several railroad com-
panies in this State. The returns which were required for
the last two years to be made on the first of January by the
presidents of railroads, amongst other things required a
statement of the rolling-stock and of the real estate, besides
roadbed, which the railroad company owned, occupied or
leased on the first of August preceding the date of said re-
port, and a duplicate report was to be made to the clerk
of the county courts of each county through which said
road run or in which said road owned property, which was
to be laid before the county courts of said counties, and the
courts were to examine said statements and determine
the correctness thereof as to property and valuation, and
if said report was found to be incorrect, the court was to
add thereto the property omitted, and the said courts were
required to make a statement of the cash value of the prop-
erty of said railroads within their respective counties, and
which report was to be made to the State Auditor on or
before the first of April, and all of these reports made by the
railroad companies and by the county courts, the Auditor
was to lay before the Board of Equalization to enable said
Board to assess, adjust and equalize the value of said rail-
road property, and such returns were presented to the
Board of Equalization of 1876, whereby it assessed the
several railroads in this State for the year 1875.
GOVERNOR JOHN SMITH PHELPS 113
The bill under consideration provides: "Said Board
of Equalization at its annual meeting for the year 1877,
in addition to assessing, adjusting and equalizing the rail-
road property of the State for the year 1877, as provided for
by law, shall also proceed to assess, adjust and equalize
the aggregate valuation of the property of each one of the
railroad companies liable to taxation under the laws of this
State, for the year A. D. 1876, on such information and
returns as they may have before them, and any other evi-
dence that will enable them to make a fair and equitable
assessment of said property for said year 1876."
This declares the Board of Equalization shall assess,
etc., the railroad property of the State for the year 1877,
as provided by law. But there is no law providing that
in 1877 said Board shall assess the railroad property in this
State for the year 1877, and there are laws which provide
the said Board shall do just what the latter part of said
section requires said Board to do; that is, to assess said
railroad property for the year 1876. Now, there is no law
requiring the railroad companies nor the county courts to
make any reports whatever to the State Auditor to be laid
before the Board of Equalization which shows the property
owned by the railroad companies on the first day of August,
1877, for the assessment of railroad property for the year
1877 sooner than the first of January next, by the railroad
companies, nor by the county courts till April, 1878. The
Legislature has proceeded on a wrong basis in the enact-
ment of said bill, viz: That it is the duty of the Board of
Equalization to assess the railroad property for the year
1877; whereas, it was the duty of the Board of Equalization
in 1876 to assess the railroad property for 1875, and it is the
duty of the Board of Equalization for this year to assess
the railroad property for the year 1876, that is the property
the railroads owned on the first of August, 1876, just as the
property owned by individuals on the first of August, 1876,
has been assessed for that year, and which assessment will
not be completed till this month. The bill cannot be executed
so as to assess the railroad property for 1877; but without
114 MESSAGES AND PROCLAMATIONS OF
the aid of said bill the railroad property will be assessed
for the year 1876.
Neither the Auditor nor the Board of Equalization
have any retums showing the property owned by any of the
railroads in 1877, nor is there any law requiring any officers
to make any such returns till the first of January, 1878, and
as this bill, if it shall become a law, cannot be executed
(and such opinion is entertained by each member of the
State Board of Equalization).
I withhold my approval of the same.
JOHN S, PHELPS.
Executive Office, May 12, 1877.
VETO RECORDED WITH THE SECRETARY OF
STATE
MAY 19, 1877
From the Journal of the Senate, p. &17
Hon. M. K. McGrath, Secretary of State:
Sir — 1 return to you a bill which originated in the
Senate, entitled: "An act for the incorporation of salvage
corps, (269) without my approval. This bill was presented
to me on the 27th day of April, and the General Assembly
adjourned on the 30th day of April. Private corporations
for benevolent and charitable purposes can now be es-
tablished under our general laws, by which the same ob-
jects can be accomplished which are designed to be ac-
complished by this bill. This bill proposes to confer on
private corporations the power to levy a corporation tax
or assessment on the amount of business which may be done
by individuals who are not members of the incorporation
and to subject such individuals by reason of their business
to this assessment, and if one class of persons who are not
members of a private corporation may be subjected to an
assessment levied by said corporation, then all persons may
GOVERNOR JOHN SMITH PHELPS 115
be subjected to a similar assessment. The natural right
to the enjoyment of the gains of one's own industry, that
no person shall be deprived of his property without due
process of law, are rights enumerated and secured to the
people in our Constitution; and as the bill under considera-
tion violates these provisions, I withhold my approval of
the same. I also submit the opinion of Attorney-General
Smith, which has my approval, clearly demonstrating this
bill contains provisions in conflict with the Constitution.
JOHN S. PHELPS.
Executive Office, May 19, 1877.
VETO RECORDED WITH THE SECRETARY OF
STATE
MAY 19, 1877
From the Journal of the House of Represeritatives, p. 1151
Hon. M. K. McGrath, Secretary of State:
Sir — I return to you a bill which originated in the House
of Representatives, entitled An act to provide for the care
and maintainance of the insane of the county and city of
St. Louis, and to appropriate money therefor, without my
approval.
This bill was presented to me within ten days prior
to the adjournment of the General Assembly. In the
general appropriation bill $70,000 was proposed to be ap-
propriated toward the maintenance of the St. Louis County
Insane Asylum. For reasons given in a special message
to the House of Representatives, I could not approve of
that appropriation. By this bill it is proposed to ap-
propriate $55,000 for the support of the indigent insane of
the city and county of St. Louis for the years 1877 and 1878.
While this bill is subject to the objections taken to the
appropriation of $70,000 it is also objectionable for the
reason it is local and special. None but the indigent insane
of the city and county of St. Louis can be the beneficiaries
116 MESSAGES AND PROCLAMATIONS OF
of this act. The insane of the city and county of St. Louis
are proper subjects to be and can be admitted to the Insane
Asylums at Fulton and St. Joseph, and no indigent insane
persons from any other portion of the State, except the
city and county of St. Louis, can be received into the asylum
it is proposed to adopt or to establish by this bill and receive
the benefits of this appropriation. And in addition thereto
all the indigent insane now in State Lunatic Asylums are
supported at the expense of the counties from which they
were sent, and this bill proposes all the pauper insane in the
St. Louis County Asylum which were sent from the county
of St. Louis, shall not be supported by said county but by
the State, thus making provision for the pauper insane
sent from the county of St. Louis, such as is not made for
any other county in this State. For the reason that the
money proposed to be appropriated is a grant of money to
an association of individuals and that the bill is a local and
special bill of which no notice has been given as required
by the fifty-fourth section of the fourth article of the Con-
stitution, I do not give my assent to the same.
Very respectfully,
JOHN S. PHELPS.
Executive Mansion, May 19, 1877.
TO THE HOUSE OF REPRESENTA TIVES
MAY 19, 1879
From the Journal of the House of Representatives, pp.
EXECUTIVE OFFICE, CITY OP JEFFERSON, May 19, 1879.
Hon. J. Ed. Belch, Speaker House of Representatives:
Sir — I regret I am compelled to return to the House of
Representatives, in which it originated, a joint resolution
Authorizing the Governor and Attorney-General to employ
an attorney to prosecute certain claims against the govern-
ment of the United States, without nay approval My
GOVERNOR JOHN SMITH PHELPS 117
its subject matter. Whether so directed or not, I should
endeavor to obtain from the government of the United
States whatever may be justly due from the United States,
but 1 have not any authority to employ attorneys for that
purpose.
The constitution of our State provides: 'The style of
the laws of this State shall be, 'Be it enacted by the General
Assembly of the State of Missouri, as follows,' " and "No
law shall be passed except by bill, etc.;" "Bills may originate
in either House, etc.;" "No bill * * * shall contain more
than one subject, etc." The constitution plainly recognizes
the difference between bills and joint resolutions. Bill, in
parliamentary law, means "a form or draft of a law presented
to a legislature, but not yet enacted, or before it is enacted —
a proposed or projected law." A bill, after it receives the
approval of the law-making power, is then denominated
an act, whilst joint resolutions have only the one name, both
before and after their adoption.
A writer on parliamentary law says: "Until the
second session of the 27th Congress, no instance is to be
found of an appropriation elsewhere than in a bill During
the first fifty years of the government, the whole number of
joint resolutions passed scarcely amounted to two hundred,
whilst since that period the number has been quadrupled,
and at the 41st Congress alone, amounted to more than five
hundred. The increase within the latter period in the
number of joint resolutions containing appropriations has
been in a still greater proportion. The early and long
continued practice of Congress indicates that the framers
of the constitution who sat in the first and succeeding
Congresses, and those who followed them for many years,
construed the constitutional provision that 'no money shall
be withdrawn from the Treasury but in consequence of
appropriations made by law,' as requiring the highest
character of laws — namely, bills, not joint resolutions."
The constitution provides: "The Governor shall con-
sider all bills and joint resolutions," etc., and it is also
provided: "Every resolution to which the concurrence of
118 MESSAGES AND PROCLAMATIONS OF
the Senate and House of Representatives may be necessary,
except on questions of adjournment, of going into joint
session, and of amending this constitution, shall be presented
to the Governor, and before the same shall take effect, shall
be proceeded upon in the same manner as in the case of a
bill: Provided, that ho resolution shall have the effect to
repeal, extend, alter or amend any law."
Legislative bodies make known their will by orders,
resolutions and bills. All the constitutions of this State
have contained the same provision concerning the style
of the laws; and it was held by the Supreme Court of this
State, under a former constitution, that the provision con-
cerning the style of our laws was directory and not man-
datory. But it is clear to my mind the framers of the
present constitution intended the style of all our laws should
be, "Be it enacted by the General Assembly of the State of
Missouri," and therefore this provision is mandatory.
Besides declaring such shall be the style of our laws, the
constitution also provides, 'That no resolution shall have
the effect to repeal, extend, alter or amend any law," thus
showing that if any new law shall be adopted — any existing
law to be extended, repealed or amended, it is to be done
by bill and not by joint resolution. The joint resolution
herewith returned proposes to alter existing laws — to pre-
scribe a rule of action in a manner which is forbidden by
the constitution, and I therefore withhold my approval.
Very respectfully,
JOHN S. PHELPS.
VETO RECORDED WITH THE SECRETARY OF
STATE
MAY 23, 1877
From the Journal of the Senate, pp. 618~6$Q
Hon. M. K. McGrath, Secretary of State:
Sir — I return to you a bill entitled "An act to revise
and amend the laws in relation to the organization and
support of public schools, and to repeal certain acts relating
GOVERNOR JOHN SMITH PHELPS 119
thereto," which originated in the Senate, and which was
presented io me within the ten days prior to the adjourn-
ment of the General Assembly, without my approval. The
bill under consideration has but little in it which is new.
It is principally a re-enactment (differently arranged) of
the school law of 1874, with the provisions relating to the
public school fund and county school fund contained in the
Constitution incorporated in the bill. It also contains the
provisions of the Constitution restricting and limiting the
power of taxation by the school municipalities, and yet
in describing what shall compose the county school fund,
the bill provides all fines, penalties and forfeitures shall in
part compose said fund, whilst the Constitution provides
the clear proceeds of all penalties, etc., shall be a part of
said fund. Whether the term "clear proceeds" is synony-
mous Vvith the term "net proceeds" or not, I am not prepared
to say, but the term "clear" could have been used in the
bill leaving it for the courts hereafter to determine. And
it may be urged that the "clear proceeds" of penalties, etc.,
mean the proceeds after deducting all costs, charges and
expenses of their collection, so that the counties 'and the
State may be reimbursed for all the costs, charges and
expenses of the prosecution by which these fines and for-
feitures were collected.
But the bill makes important provisions in relation
to the Revenue Fund of the State, and which are not in-
dicated in its title. By the Constitution of the State, not
less than twenty-five per cent, of the Revenue Fund shall
be applied annually to the support of the public schools.
Under existing laws this money is set apart for the support
of the public schools in the month of March, so that the
amount may be paid from the State Treasury in the months
of March and April, for the support of the public schools.
But it is proposed in this bill, that at the commencement of
each month the State Auditor shall compute and ascertain
the amount of the receipts into the Revenue Fund for the
last preceding month, and that he shall then compute, set
apart and transfer to State school moneys one-fourth of
120 MESSAGES AND PROCLAMATIONS OF
such amount for the use and benefit of the public schools
of this State, and that he shall notify the Treasurer of such
transfer, and that the Treasurer shall then make the transfer
of said account from the Revenue Fund to the State school
moneys.
Thus the transfer is required to be made monthly of
one-fourth of the Revenue Fund to the fund of the State
school moneys, when the State school moneys will not be
required for the use of the public schools sooner than the
month of March in each year.
For the last two years large amounts of Auditor's
warrants have been issued which have not been paid because
there was no money in the Revenue Fund. The largest
part of the revenue is paid into the treasury in the months
of January, February, March, October, November and
December — the largest amounts in the months of January
and December. The receipts into the treasury the other
six months are very small. From this time till the month
of March next, all the money received into the Revenue
Fund will be required to pay outstanding warrants, and to
defray the current expenses of the government, and until
March, 1878, none of the money which has been received
into the Revenue Fund since the first of March last, nor
that which may be received till next March, will be re-
quired to be disbursed for the support of the public schools.
And on the other hand, every dollar which will be received
into the Revenue Fund will be needed to defray the current
expenses of the government.
The provisions of the bill under consideration, to which
I have referred, will impair the public service by setting
apart money to a fund which is not now needed for that
fund, and withdrawing it from a fund where it is greatly
needed. It will, to a certain extent, delay and postpone
the payment of warrants drawn on the Revenue Fund,
and thereby cause the holders of said warrants to be sub-
jected to a discount on them. The means of paying home
creditors should not be impaired, nor should the citizen
be subjected to loss on his demands against the State,
GOVERNOR JOHN SMITH PHELPS 121
One-fourth of the Revenue Fund of this State for
twelve months ending on 1st of March last, amounted to
more than $365,000. One-fourth of the Revenue Fund to
1st of January last (10 months), amounted to about $261,-
000, which sum was applied to the payment of the current
expenses of the State government, and not set apart as
State school moneys.
But in the month of March last the proper amount of
State school moneys was duly set apart.
Because the provisions of the bill which require a
division to be made of the Revenue Fund on the first day
of each month, and that 25 per cent, of the same shall be
set apart as State school moneys will seriously embarrass
the financial operations of the government in this: that it
will cause the holders of Auditor's warrants to be longer
delayed in the payment of their just demands, and because
said school moneys will not be disbursed, nor required to be
disbursed, till the months of March and April next, I with-
hold my approval of the bill.
Other objections might be urged to the approval of
the bill; but those named I deem sufficient. Certain it is,
the management and support of the public schools will not
in the least be embarrassed by the non-approval of said bill.
And it seems to be the part of wisdom we shall not, at every
session of the Legislature, change our school law.
JOHN S. PHELPS.
Executive Office, May 23, 1877.
VETO RECORDED WITH THE SECRETARY OF
STATE
JUNK 7, 1879
From the Journal of the tienate, pp. 098-994
EXECUTIVE OFFICE, CITY OF JEFFERSON, MISSOURI, June 7, 1879.
Hon. M. K. McGrath, Secretory of State:
Sir — I transmit to you House bill No. 630, entitled
An act to amend section 31 of chapter 122 of the General
122 MESSAGES AND PROCLAMATIONS OF
Statutes of Missouri of 1865, with my reasons for with-
holding my approval of the same.
The constitution, section 28, article 4, provides: "No
bill (except general appropriation bills, which may embrace
the various subjects and accounts for and on account of
which moneys are appropriated, and except bills passed
under the third subdivision of section foity-four of this
article) shall contain more than one subject, which shall
be clearly expressed in its title."
It was the intention of the Legislature to amend the
law respecting executors and administrators, and to authorize
sales of real estate for the payment of debts in cities of one
hundred thousand inhabitants, or more, to be made at an
established real estate exchange, if the court should so
direct. There is no subject matter expressed in the title
of this bill, and therefore the requirements of the constitu-
tion, in this respect, have not been complied with. In my
opinion, this provision of our constitution is mandatory
and not merely directory. Because the subject of this bill
is not clearly expressed in its title, I refuse to approve it.
Very respectfully,
JOHN S. PHELPS.
VETO RECORDED WITH THE SECRETARY OF
STATE
JUNE 7, 1879
From the Journal of the Senate^ p. 994
EXECUTIVE OFFICE, JEFFERSON CITY, MISSOURI, June 7, 1879.
Hon. M. K. McGrath, Secretary of State:
Sir — I transmit to you House bill No. 633, entitled An
act to amend section forty-two of chapter one hundred and
sixty of the General Statutes of Missouri of 1865, with my
reasons for withholding my approval of the same.
The constitution, section 28, article 4, provides: "No
bill (except general appropriation bills, which may embrace
GOVERNOR JOHN SMITH PHELPS 123
the various subjects and accounts for and on account of
which moneys are appropriated, and except bills passed
under the third subdivision of section forty-four of this
article) shall contain more than one subject, which shall be
clearly expressed in its title."
The object of this bill is to provide that in cities of one
hundred thousand inhabitants, or more, sales of real estate
on execution may be made at a real estate exchange, if so
designated by the officer in his advertisement of the sale.
There is no subject matter expressed in the title of this bill,
and therefore the requirements of the constitution, in this
respect, have not been complied with.
In my opinion, this provision of our constitution is
mandatory and not merely directory. Because the subject
of this bill is not clearly expressed in its title, I decline to
approve of it.
Very respectfully,
JOHN S. PHELPS.
VETO RECORDED WITH THE SECRETARY OF
STATE
JUNE 9, 1879
From the Journal of the Senate, p. 99-5
EXECUTIVE OFFICE, CITY OF JEFFERSON, June 9, 1879.
Hon. M, K. McGrath, Secretary of State:
Sir — I herewith transmit to you Senate bill No. 345,
entitled An act to appropriate money to pay interest on
certain State bonds held in trust for the State Seminary
Fund for the years 1879 and 1880, without any approval
indorsed thereon.
In the general appropriation act, approved March 24,
1879, the amount necessary to pay all the interest on the
debt of the State was appropriated, amounting to the sum
of $2,010,960, for the years 1879 and 1880, This sum in-
cludes the amount of interest which will accrue for two years
124 MESSAGES AND PROCLAMATIONS OF
on the State bonds held in trust by the State for the Seminary
Fund, as well as all other indebtedness of the State, except
the interest on the revenue bonds; therefore, this bill is
unnecessary.
Very respectfully,
JOHN S. PHELPS.
VETO RECORDED WITH THE SECRETARY OF
STATE
JUNE 11, 1879
From the Journal of the Senate, pp. 995-996
EXECUTIVE OFFICE, CITY OF JEFFERSON, June 11, 1879.
Hon. M. K. McGrath, Secretary of State:
Sir — I herewith transmit to you a bill, which originated
in the Senate, entitled An act relating to the appointment
of a committee to settle with the State Treasurer, without
my approval indorsed thereon. The committee of the
members Legislature, who were appointed by the Executive
to make settlement with the State Auditor and State Treas-
urer, entered before the Legislature convened, on the dis-
charge of the duties assigned them. They were many days
engaged in examining the vouchers in the offices of the
Auditor and Treasurer, and, afterwards, made their report
to the Legislature. This report was not approved by the
Legislature; and, consequently, no actual settlement was
made and approved.
The bill, under consideration, provides for a settlement
of the accounts of the State Treasurer only, and not for the
settlement of the accounts of the Auditor. It is desirable
a settlement of the accounts of both of these officers should
be made to the first of January last; and of the accounts
of the Treasurer from the 1st of January last to the 14th
day of April, the date of the approval of the new bond of
the Treasurer. The accounts of these two officers are so
GOVERNOR JOHN SMITH PHELPS 125
intimately connected that the accounts of both should be
settled at the same time.
Because this bill does not provide for the settlement
of the accounts of both these officers, and because the bill
proposes to assign a committee, composed of members of
both houses, after the adjournment of the Legislature, to
the performance of other than legislative duties — or duties
not connected with the revision and promulgation of the
revised laws, and to direct that additional compensation
be made therefor; and because no committee has been, nor
can be now, appointed on the part of the Senate, I decline
to approve of this bill.
Very respectfully,
JOHN S. PHELPS.
VETO RECORDED WITH THE SECRETARY OF
STATE
JTJNE 11, 1879
From the Journal of the Senate, pp. 996-1001
EXECUTIVE OFFICE, CITY OF JEFFEBSON, June 11, 1879.
Hon. M. K. McGrath, Secretary of State:
Sir — I herewith transmit you a bill, which originated
in the House of Representatives, entitled An act to amend
section 1 of chapter 16 of the General Statutes of the State
of Missouri, and to add a new section to said chapter, to be
numbered section 6, with my reasons for not approving the
same.
The laws of this State declare all officers shall hold their
offices until their successors are elected or appointed, com-
missioned and qualified. The Constitution declares that
when any vacancy in office shall be filled, the person ap-
pointed "shall continue in office until a successor shall have
been duly elected or appointed and qualified according to
law." The law contemplates that persons who have been
duly appointed to office and have entered on the discharge
126 MESSAGES AND PROCLAMATIONS OF
of the duties pertaining thereto, cannot by their act alone
be relieved from the discharge of its duties or voluntarily
abandon the office. By accepting an office the person
accepting promises to discharge the duties of the office
during 'the entire term for which he shall have been ap-
pointed, and until his successor shall be qualified. Hence
the commissions issued to officers who have been appointed
to fill vacancies in this State, define the term of office, and
also authorize and require the incumbent to continue in the
discharge of its duties till his successor shall be qualified.
But it is urged by some that the acceptance of a resignation
is not necessary to retire the incumbent from the "burdens
and cares of office." I do not approve of this doctrine.
On the contrary, one who seeks to be relieved from office
by resignation, must deliver his resignation to the proper
officer, who must accept it, and make official note of the
same, and the fact of acceptance ought to be communicated
to the incumbent.
For a long time in this State, under every road law,
from 1835 to the present date, (and that law has often been
re-enacted) overseers of roads have been compelled to
discharge the duties of the office, and if they should refuse
to accept the office, they were subject to a criminal pros-
ecution, for which the punishment was and is a fine. Over-
seers were required to perform the duties of the office for at
least one year before the county court could release them
from the office. They could not refuse to accept the office,
nor could they resign within one year from the date of their
appointment. They were compelled to accept the office,
and in this respect like unto those who are members of
municipal corporations, who may, if eligible, be compelled
to discharge the duties of the office imposed on them, or
submit to such punishment as may be prescribed.
It is an established principle of law that a municipal
corporation may compel its members to discharge the
duties of an office; in other words, to accept an office, or, by
means of a by-law, impose a pecuniary penalty upon such
as refuse without legal excuse. And if it be true that
GOVERNOR JOHN SMITH PHELPS 127
municipal corporations obtain all their powers by virtue
of grants from the Legislature, then has the Legislature
the power to require any of its citizens who are eligible to
accept an office, or suffer a penalty for refusing it, or after
having accepted the office, to require him to discharge the
duties of the office for its full legal terms, unless relieved
therefrom by the acceptance of a resignation submitted
to the appointing power. The Legislature can grant no
power unless the Legislature possesses such power, and
may itself exercise it.
I adopt the views expressed by Ruffin, C. J., of North
Carolina, in the case of Hoke vs. Henderson, 4th Dev. Rep. :
"It has been said that the obligation to continue in
office ought to be mutual to be complete, and that such is
not the case, because the officer may at his pleasure resign.
The argument on behalf of the power to discharge an officer
assumes the right of the officer to discharge himself; and
in that point differs entirely from the law as it stands in the
conception of the court. An officer may certainly resign,
but, without acceptance, his resignation is nothing, and
he remains in office. It is not true that an office is held at
the will of either party; it is held at the will of both. Gen-
erally, resignations are accepted, and that has been so
much a matter of course with respect to lucrative offices
as to have grown into a common notion that to resign is a
matter of right. But it is otherwise. The public has a
right to the services of all the citizens, and may demand
them in all civil departments as well as in the military.***
Every man is obliged, upon a general principle, after en-
tering upon office to discharge the duties of it while he
continues in office, and he cannot lay it down until the
public, or those to whom the authority is confided, are
satisfied that the office is in a proper state to be left, and the
officer discharged. The obligation is, therefore, strictly
mutual, and neither party can forcibly violate it. If indeed
the public change the emoluments, of office, it is another
question, whether that be not an implied permission for the
officer to retire at his election, unless the contrary be pro-
128 MESSAGES AN0 PROCLAMATIONS OF
vided in the law. For I cannot doubt that the Legislature
has the perfect power, if it choose arbitrarily to exercise
it, of compelling, not indeed a particular man designated in
a statute by name, but any citizen elected or appointed
as by law prescribed, to serve in office even against his will.
I have mentioned some instances in which it is done, and
there is no reason why, making due compensation, it may
not be done as to all officers."
In the case of the State, etc., vs. Boecker, 56 Mo. Reps.,
17, it was held that a resignation, to take effect at a future
time, was a mere evidence of an intention to resign, and
subject to be withdrawn by the party making it at any
time before the time indicated, and afterwards by consent
of the appointing power. In this case the clerk of the
county court filed his resignation with said court, to take
effect at a future day, and a copy of the resignation was sent
to the Governor, who made an appointment, over the objec-
tion of the incumbent, and fifty days before any vacancy
could occur. The court says: "The resignation was really
in the keeping and under the control of the defendant. It
could not amount to a complete and legal resignation, either
present or prospective, until it was actually delivered to the
Governor, and accepted by him, with the knowledge and con-
sent of the defendant. The delivery was not only without
his consent, but against his express wishes and protest."
The bill under consideration consists of two sections.
The first section is as follows:
"Section 1. Section one of chapter sixteen of the
General Statutes of the State of Missouri, is hereby amended
so as to read as follows: Section 1. All officers elected or
appointed by the authority of the laws of this State, shall
hold their offices subject to the right of resignation during
their official terms, and until their successors shall be duly
elected or appointed and qualified."
It is substantially section 5, article 14 of the State
Constitution. I have endeavored to show that the "right
of resignation" can be exercised only by the consent of the
appointing power; that until a resignation sjiould be accepted
GOVERNOR JOHN SMITH PHELPS 129
by the proper officer, the person tendering the resignation
would still be in office; that acceptance was necessary, and
knowledge of the acceptance should be communicated to the
person proposing to resign.
But the second section, being the sixth section of the
act, reads as follows:
Section 6. Every county officer may, at any time,
resign his office; such resignation may be made in writing,
signed by the officer resigning his office, and filed in the
office of either the clerk of the circuit court, or the clerk
of the county court of the county. Upon the filing of such
resignation in the office of either of such clerks, the office
of the officer so resigning, shall be vacant, and a certificate
of such vacancy, together with a certified copy of such
resignation, shall be immediately certified to the Governor
by the clerk in whose office such resignation may be filed."
If this bill should become a law, all the officers of a
county might resign, and if this may be done in one county,
it might be done in every county in the State. If it is not
intended, by this bill, to provide that, from the date of filing
of the resignation with the clerk, the officers shall be relieved
from all duties and further liabilities, then the bill makes
no change in the law, and is, therefore, unnecessary. But
there can be no doubt it is intended to provide that county
officers shall be permitted to resign, and be relieved from
the duties and responsibilities of their office from the date
of filing their resignation with the clerk of either the circuit
or county courts. There will, therefore, be a time when no
person can lawfully discharge the duties of the office —
when no person will lawfully have the care of the valuable
records belonging to the counties. The three judges of
the county court, the judge of the probate court, the clerks
of county and circuit courts, the sheriff, coroner, assessor,
collector, recorder of deeds, treasurer, public administrator
and county surveyor, comprise the county officers, and the
duties all of these officers perform are not only important
to the counties, but some of them &re absolutely necessary
to enable the wheels of the State government to move
130 MESSAGES AND PROCLAMATIONS OF
Suppose all of the county officers, except the clerk of the
county court, shall resign. Without a sheriff or coroner,
no process, civil or criminal, would be served; without a
clerk of the circuit court, no suits would be commenced,
no indictments found, and no execution could be issued;
without the assessor, no valuation of property could be
had, nor without a collector could the taxes be collected.
I am supposing such a case as probably will never arise,
but these evils could occur under the proposed law, and we
should guard against the possibility of their happening.
Justice Elmer, of the Supreme court of New Jersey, in the
case of State ex. rel. Reeves vs. Ferguson, 31st N. J. law
reps., Page 107, remarks: "To hold that an officer, civil
or military, may, at his own pleasure, divest himself of
responsibilities, by simply tendering a resignation, whatever
may be the circumstances prompting the act, it seems to me
would be fraught with danger of no ordinary magnitude."
I cannot sanction the provision that every county
officer may resign by filing his resignation with the clerk
of the county or circuit court, and thereby be relieved and
discharged from the further performance of the duties of
the office, or the liability for the non-performance thereof.
I cannot consent to the increase of the periods of intermis-
sion or interregnum of offices. Who is to guard and protect
the records entrusted to county officers? Who is to take
care of and preserve the deed books of any county, if the
recorder shall, by filing his resignation with the clerk, be
relieved from further performance of duty? If the office
of recorder is vacant, and the late incumbent is discharged
from the duties of the office, he has no more right to the
custody of the deed books — of immense value — than an
absolute stranger. So with the records of the circuit court.
The clerk filing his resignation with the clerk of the county
court, and who will have the custody and care of the valuable
records of his office? And so with the other officers. This
bill permits officers to resign and abandon the valuable
records in their possession, and leave them absolutely to
GOVERNOR JOHN SMITH PHELPS 131
the care of nobody. I will sanction no measure from which
can flow such dire consequences.
But there is another objection to this bill. Its title
is as follows: "An act to amend section 1 of chapter 16
of the General Statutes of the State of Missouri, and to add
a new section to said chapter, to be numbered section 6."
Now, this title does not comply with the requirements of the
Constitution in that particular, which I recognize to be
mandatory and not directory. I think the proper rule
for the construction of State Constitutions is tersely ex-
pressed in the new Constitution of the State of California:
"The provisions of this Constitution are mandatory and
prohibitory, unless by express words they are declared to be
otherwise.*' The Constitution of this State provides, section
28, article 4: "No bill ( * * * * * *) shall contain more
than one subject, which shall be clearly expressed in its
title." Will any one inform me what subject is expressed
in this title? Can you discover the subject matter of legisla-
tion from this title? If so, what is it? Is it "clearly ex-
pressed in its title?" Anything else printed after this
title — for instance a portion of the statutes concerning
crimes and punishments or concerning wills — would be just
as appropriate as the two sections of this bill.
For the reasons I have given, I cannot approve of the
bill.
Very respectfully,
JOHN S. PHELPS.
VETO RECORDED WITH THE SECRETARY OF
STATE
JUNE 11, 1879
From the Journal of the House of Representatives, pp. 1656-1667.
EXECUTIVE OFFICE, CITY OF JEFFEBSON, June 11, 1879.
Hon. M. K. McGrath, Secretary of State:
Sir — I herewith transmit to you a bill, which originated
in the Senate, entitled An act relating to the appointment
of a committee to settle with the State Treasurer, without
132 MESSAGES AND PROCLAMATIONS OF
my approval indorsed thereon. The committee of the
members of Legislature, who were appointed by the Execu-
tive to make settlement with the State Auditor and State
Treasurer, entered before the Legislature convened, on
the discharge of the duties assigned them. They were
many days engaged in examining the vouchers in the offices
of the Auditor and Treasurer, and, afterwards, made their
report to the Legislature. This report was not approved
by the Legislature; and, consequently, no actual settlement
was made and approved.
The bill, under consideration, provides for a settlement
of the accounts of the State Treasurer only, and not for the
settlement of the accounts of the Auditor. It is desirable
a settlement of the accounts of both of these officers should
be made to the first of January last; and of the accounts
of the Treasurer from the 1st of January last to the 14th
day of April, the date of the approval of the new bond of
the Treasurer. The accounts of these two officers are so
intimately connected that the accounts of both should be
settled at the same time.
Because this bill does not provide for the settlement
of the accounts of both these officers, and because the bill
proposes to assign a committee, composed of members of
both houses, after the adjournment of the Legislature, to
the performance of other than legislative duties — or duties
not connected with the revision and promulgation of the
revised laws, and to direct that additional compensation
be made therefore; and because no committee has been,
nor can be now, appointed on the part of the Senate, I
decline to approve of this bill.
Very respectfully,
JOHN S. PHELPS.
GOVERNOR JOHN SMITH PHELPS 133
SPECIAL MESSAGES
TO THE SENATE
JANUARY 20, 1877
From the Journal of Executive Business, p. 167
EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, January 20, 1877.
To the Senate:
I have the honor to nominate Wm. McLean of Johnson
County and Wm. P. Greenlee of Johnson County whose
terms of office [expired] on the 1st day of January 1877, to
be Regents of the Normal School District No 2. for the
term of six (6) years each from said 1st of January 1877,
and request the advice and consent of the Senate to their
appointment.
Very Respectfully
(signed) JOHN S. PHELPS
TO THE HOUSE OF REPRESENTATIVES
JANUARY 23, 1877
Front the Journal of the House of Representatives, p. 155
STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON,
January 23, 1877.
Sir — Herewith I have the honor to submit to the House
of Representatives the sixth biennial report of the Board of
Immigration of this State.
Very respectfully,
JOHN S. PHELPS.
134 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
JANUARY 25, 1877
From the Journal of Executive Business, p. 169
EXECUTIVE MANSION, CITY OF JEFFERSON, January 25, 1877.
Senators:
When I submitted to you the nomination of David
S. Hooper for the office of Regent I was not aware that he
held the office of Postmaster at Kirksville. By reason of
holding that office he is not eligible to the office of Regent
and his nomination is hereby withdrawn if you consent
thereto.
Very Respectfully
(signed) JOHN S. PHELPS
TO THE SENATE
JANUARY 31, 1877
From the Journal of Executive Business, p. 169
CITY OF JEFFEBSON, January 31, 1877.
To the Senate:
I hereby nominate and appoint David H. Armstrong
to be Police Commissioner of the City of St. Louis for the
term of four years from the 1st of January last in place of
C. C. Rainwater whose term of office has expired.
And I hereby nominate and appoint Basil Duke to be
Police Commissioner of the City of St. Louis for the term
of four years from the 1st of January last in place of Louis
Dorsheimer whose term of office has expired and I request
that the Senate will advise and consent to said appoint-
ments.
Very Respectfully
TrkTTTM $_ PHELPS
GOVERNOR JOHN SMITH PHELPS 135
TO THE SENATE
FEBRUARY 7, 1877
From the Journal of Executive Business, p. 170
EXECUTIVE DEPARTMENT, JEFFERSON CITY, February 7, 1877.
I hereby nominate and appoint William S. Wheeler,
Charles A. Bailey, Thomas B. Nesbit, Addison S. Robinson
and Samuel S. Dedman all of Callaway County to be man-
agers of the Missouri Institution for the Education of the
Deaf & Dumb and I request the Senate will advise and con-
sent to said appointment.
Respectfully
(signed) JOHN S. PHELPS
TO THE SENATE
FEBRUARY 7, 1877
From the Journal of Executive Business, p. 170
EXECUTIVE DEPARTMENT, JEFFEPSON CITY, February 7, 1877.
To the Senate:
1 hereby nominate and appoint Samuel N. Russell,
William W. McFarlane of Audrain County and John M.
Tate, John A. Hockaday Edwin Curd, William H. Wilkeran,
Benjamin F. Harrison, Clare 0. Atkinson and James Ricken-
baugh of Callaway County, the first three named being
physicians to be managers of the Lunatic Asylum at Fulton
and I request the Senate will advise and consent to said
appointments.
Very Respectfully
(signed) JOHN S. PHELPS
136 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
FEBRUARY 28, 1877
From the Journal of Executive Business, p. 17 d
EXECUTIVE DEPARTMENT, JEFFERSON CITY, MISSOURI,
February 28, 1877.
To the Senate:
I hereby nominate and appoint John D. Vincil to be a
member of 'The Board of Regents for Normal School
District No. 1M" in place of David S. Hooper, whose term
of office has expired; and I request the senate will advise
and consent to said appointment.
Very Respectfully,
JOHN S. PHELPS.
TO THE SENATE
MARCH 5, 1877
From the Journal of Executive Business, p. 180
EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, MISSOURI, March 5, 1877.
To the Senate:
I hereby nominate and appoint James H. Tunnan to be
a member of "Board of Managers of the Lunatic Asylum
at Fulton" in place of James Rickenbaugh who has resigned;
and I request that the Senate advise and consent to said
appointment.
Very Respectfully,
JOHN S. PHELPS.
GOVERNOR JOHN SMITH PHELPS 137
TO THE SENATE
MARCH 7, 1877
From the Journal of Executive Business, p. 184
EXECUTIVE SESSION, CITY OF JEFFERSON, MISSOURI, March 7, 1877.
To the Senate:
I hereby nominate and appoint William S. Relfe, of
Washington county, to be Superintendent of the Insurance
Department; and I request the Senate will advise and con-
sent to his appointment.
Very Respectfully,
JOHN S. PHELPS.
TO THE SENATE AND THE HOUSE OF
REPRESENTA TI VES
MARCH 20, 1877
From the Journal of the House of Representatives, pp. 563-567
Senators and Representatives:
The State Auditor, in his report, shows that on the
first day of January last there was a balance in the treasury
to the credit of the revenue fund, of $4,013.73. But in
fact at that time there was not a sufficient amount of money
in the treasury to pay the outstanding warrants drawn on
the revenue fund.
The Treasurer had received in pursuance of law from
the collectors, $4,484.50 in wolf-scalp certificates, which was
counted as cash in the treasury in the report of the Auditor;
hence he was unable to redeem all the outstanding warrants
which had been drawn on the revenue fund.
During the years 1875 and 1876, the Auditor had, in
pursuance of law, audited and adjusted demands against
the State to the amount of $184,401.68, and for which
138 MESSAGES AND PROCLAMATIONS OF
amount he issued certificates of indebtedness to the claim-
ants, because the money appropriated for the payment
of such demands had been exhausted, or because no money
had been appropriated for that purpose.
A small portion only of the expenses incurred in taking
the census was paid during the last year, and the amount
remaining unpaid is estimated to be $54,765.00.
Fee-bills for costs in criminal cases and other demands
against the State were presented to the Auditor, amounting
to about $25,000 during the latter part of last year, and
were not audited because the money which had been ap-
propriated for such expenses had already been exhausted.
The St. Louis Court of Appeals was established by the
adoption of the Constitution, and after the adjournment
of the Legislature. No money had been appropriated
wherewith to pay the expenses of this court. Certificates
of indebtedness had been issued for a part of the salaries
due the judges of that court, but there is a balance of salaries
due them of $2,500.00 for their services last year.
By the provisions of the Constitution, not less than
twenty-five per cent, of the State revenue shall be annually
set apart for the support of the public schools. During
this month that amount has been set apart, and amounts
to a little more than the sum of $365,000 for this year.
This computation is based on the amount of State revenue
received for the year commencing on the first day of March,
1876, and ending on the last day of February, 1877. This
sum has been transferred to fund of State school moneys,
and probably all will be drawn from the treasury during the
month of April.
The general appropriation bill, as it passed the House
of Representatives, estimating the school moneys at $365,-
000 annually, appropriates the sum of $2,656,995, payable
from the revenue fund for the support of the government
for the years 1877 and 1878. But of this sum $57,265 is
appropriated on account of deficiencies of appropriation for
the last two years, $203,900 is to defray expenses already
incurred, and which will be incurred during the first half
GOVERNOR JOHN SMITH PHELPS 139
of this year, and which are for the pay of the General As-
sembly, its contingent expenses, paper for the public printing,
printing reports and documents, and printing the laws and
journals, and distributing the same. Deducting these two
sums, amounting to $261,165 from $2,656,995, will leave
$2,393,830 to be equally divided for the service of the years
1877 and 1878.
The annual amount of $1 , 196,915
Add to this pay of General Assembly, paper, printing, etc,. . 203,900
Certificates of indebtedness $184 ,441
Census and salaries of Court of Appeals 57,265
Bill of costs, etc., filed with Auditor before first of
January, and not audited 25 , 000 266 , 666
Total $1,667,481
Th,is shows there will be required, in order to meet the
current expenses of the government for this year and to pay
deficiencies, the sum of $1,667,481.
But the revenue this year from all sources coming into
the revenue fund, as estimated by the Auditor, and I concur
with him in his estimates, will amount to the sum of only
$1,318,000, which will leave a balance of $349,471, with no
money wherewith to pay the same.
And if the expenditures shall not exceed the foregoing
estimate, and the revenue shall equal the estimates of the
Auditor for the year 1878, on the first day of January, 1879,
the indebtedness of the revenue fund would be reduced
to the sum of $228,386.
Such is our financial condition.
The Constitution prohibits any higher tax being im-
posed on the taxable property than twenty cents on the
hundred dollars valuation. It is estimated the taxable
property of the State has not increased, nor is it probable
its value has increased any considerable amount since the
assessment for the tax of last year.
It may be assumed the assessed value of the taxable
property (not including the value of the railroads) is the
same it was for the last year, $560,777,361.
140 MESSAGES AND PROCLAMATIONS OF1
The costs in criminal cases will probably amount to
the same sum they did last year, as much of the costs for
which the State will be liable has already accrued, and will
be regulated by existing laws.
During the past two years, warrants were drawn on the
Treasury, for costs in criminal cases to the amount of . . $360 4 606 . 00
Certificates of indebtedness Ill ,547.00
Presented to the Auditor before the first of January for
audit 15,000.00
Total $487 , 153 . 00
Making an annual amount of $243 ,576 . 00
And I know of no reason we can estimate the costs for
this year less than they were last year, unless there shall be
immediate legislation which shall greatly diminish the costs
of transporting criminals to the Penitentiary, and also the
costs attendant on the prosecution of those charged with
crime. Such legislation I hope will be adopted, and though
it may not materially diminish the costs in criminal cases
during this year, I trust the expenditure under this head
will be considerably reduced next year.
I recommend it be provided by law that the costs of
the term incurred by the defendant shall in no event be
paid by the State when the defendant obtains a continuance
of the cause, and that he shall be liable for the payment of
the costs of the term; and furthermore, that when the State
or county shall be liable to pay costs it shall pay to the per-
sons entitled thereto only one-half of the amount now
authorized by existing laws. Such was at one time the
legislation of this State, and that too, at a time when the
fees to which witnesses were entitled were considerably
less than at the present time.
Provision should be made for as prompt payment to
those who render services for the State as is made for the
payment of the interest accruing on the bonds of the State;
both classes of demands are equally just and meritorious.
As the rate of taxation on property cannot be increased,
and as we cannot materially dimmish the expenses of the
GOVERNOR JOHN SMITH PHELPS 141
government for this year, and as a large amount of this
deficiency accrued prior to this year, there seems to be no
remedy but to resort to a loan, if speedy payment of these
demands shall be made.
The framers of the Constitution believed twenty cents
on the one hundred dollars of valuation of property would
be amply sufficient to defray the expenses of the govern-
ment. But authority is given to make a temporary loan
"on the occurring of an unforseen emergency or casual
deficiency of the revenue, when the temporary liability
incurred, upon the recommendation of the Governor first
had, shall not exceed the sum of $250,000 for any one year,
to be paid in not more than two years from and after its
creation."
A casual deficiency of revenue has occurred, and I
recommend a loan of $250,000 be authorized, payable in
not more than two years from and after its creation, or
in other words, from and after the loan shall be made.
I cannot recommend a loan for a larger sum, as the
Constitution names the maximum amount. It is believed
this loan can be made at six per cent, interest, and provision
should be made for its speedy payment.
And for the purpose of paying this debt, I respectfully
recommend a poll-tax be levied. If the Legislature shall
think proper to provide for levying a poll-tax, it can be
levied this year, for the assessors have not yet made return
of their assessment to the county court, and at any time
prior to the delivery of the tax-book to the collectors a poll-
tax can be added which would be collected this year. If
such a legislation shall take place, I advise bonds be issued
having a short time only to run — say nine or twelve months,
and that it should be provided the money arising from the
payment of the poll-tax shall be exclusively applied to the
payment of said bonds, and the interest on the same until
the entire loan shall be paid.
The Government of the United States holds twenty
coupon bonds of this State dated May 24, 1851, payable in
five years after their date, bearing interest at the rate of
142 MESSAGES AND PROCLAMATIONS OF
six per cent, per annum. It is stated these bonds are
numbered 93 to 112, inclusive, and that the coupons due
July 1, 1855, and thereafter are attached.
These bonds have been due for more than twenty years,
and the interest upon them since they have become due
exceeds the principal. The State authorities, prior to this
date, have recognized these bonds as genuine, but have
required the Legislature shall direct their payment because
of the length of time they have been outstanding. I refer
for further information to the message of my predecessor,
and also papers herewith submitted, showing that in con-
sequence of the nonpayment of these bonds the five per
cent, of the net proceeds of the sales of the public lands
within this State, and the swamp land indemnity to which
this State may be entitled, will be withheld by the United
States till provision for the payment of these bonds shall
be made.
I recommend that the Fund Commissioners of the State
be directed to pay these bonds, principal and interest, out
of any money which may be in the sinking fund. The
authorities of the United States would, no doubt, at the
request of those officers, forward these bonds to the Assist-
ant Treasurer at St. Louis for examination, and payment
might be made at St. Louis, if the bonds are genuine.
More than nineteen years had elapsed since the last
payment of interest was made on these bonds, till the
authorities of this State were notified the Government of
the United States was the owner and holder of them. There
is no doubt payment of them would have been made by
the State if they had been presented at the treasury at the
time they were due, or shortly thereafter.
The Constitution provides "all revenue collected and
moneys received by the State from any source whatever,
shall go into the treasury, and the General Assembly shall
have no power to divert the same, or to permit money to
be drawn from the treasury, except in pursuance of regular
GOVERNOR JOHN SMITH PHELPS 143
section 19, article 10, it is claimed, every law making an
appropriation shall distinctly specify the sum appropriated.
There has been paid into the treasury within the last
two years the sum of $20,923 for fees and assessments
collected by the Superintendent of the Insurance Depart-
ment of the State, besides other large sums sufficient to
defray the expenses of the department, including the ex-
penses of the clerical and actuarial force in the same, rents,
fuel, stationery, and pay for legal services rendered the
department.
The act establishing the department directed the
expenses of the department should be paid out of the fees
and assessments provided for in the act, but the moneys
which may be collected after the first of July, and those
which may be collected prior to that date, if you shall so
legislate, must be paid into the treasury. Hence a specific
sum ought to be appropriated to defray all the expenses
of the Insurance Department, and to be paid out of the
Insurance Department Fund.
So with the Penitentiary; the proceeds arising from
the labor of the convicts will now be paid into the treasury.
At this time the proceeds of the labor of the convicts is
expended without any specific sum being named in the
support of the Penitentiary. The amount received from
this source to first of January last from the time the State
took from the lessees the Penitentiary, is $32,002. In addi-
tion to the amounts which it is proposed to appropriate
for the support of the Penitentiary, all of the proceeds of
the labor of the convicts will be required.
I therefore recommend a specific sum be named suffi-
ciently large to cover the earnings of the convicts, and that
the same be paid out of the proceeds arising from the labor
of convicts.
JOHN S, PHELPS.
Executive Office, March 20, 1877.
144 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
MABCH 26, 1877
From the Journal of Executive Business, p. 177
EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, MISSOURI,
March 26, 1877.
To the President of the Senate:
Sir — 1 nominate Charles H. Hardin, of Audrain County,
to be a member of the Board of managers of the State
Lunatic Asylum, at Fulton, in place of C. 0. Atkinson
resigned, and request the senate will advise and consent
to said appointment.
Very Respectfully,
JOHN S. PHELPS.
TO THE SENATE
APRIL 19, 1877
From the Journal of Executive Business, p, 178
EXECUTIVE DEPARTMENT, CITY OF JEFFEBSON, MISSOURI,
April 19, 1877.
Senators:
I nominate Silas Burt, Joseph O'Neil, D. Robert
Barclay, S. Pollak, Thomas E. Tutt, and N. B. Thompson,
of the City of St. Louis; and H. Clay Ewing, of the county
of Cole, to be Trustees of the "Missouri Institution for the
Education of the Blind," and request the Senate to advise
and consent to their appointment.
Very Respectfully
JOHN S. PHELPS.
GOVERNOR JOHN SMITH PHELPS 145
TO THE SENATE
APKIL 19, 1877
From the Journal of Executive Business, p. 178
EXECUTIVE DEPARTMENT, CITY OP JEFFERSON, MISSOURI,
April 19, 1877.
Senators:
I nominate and appoint as curators of the State Uni-
versity, James S. Rollins, John S. Clarkson, and John Hin-
ton of Boone county; Henry M. Middlekamp of Warren
county; Alexander M. Dockery of Davis county; William
E. Glenn and Samuel H. Headlee of Phelps county; Albert
Todd of the City of St. Louis, and Jerry C. Cravens of
Green county, and request the senate to confirm said ap-
pointments.
Very Respectfully,
JOHN S. PHELPS.
TO THE SENATE AND THE HOUSE OF
REPRESENTA TI VES
APRIL 23, 1877
From the Journal of the House of Representatives, pp. 10&S-1084
STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON,
April 23, 1877.
Senators and Representatives:
In recommending the loan of $250,000, which has been
authorized to be made, I then informed the Legislature that
that sum would be insufficient to meet the present necessities
of the government. At this time the Treasurer informs
me there is no money in the revenue fund, and though the
Auditor may draw his warrants on the treasury, they cannot
now be paid. I then recommended to the Legislature ad-
ditional taxation for the purpose of being able to meet the
146 MESSAGES AND PROCLAMATIONS OF
payment of the bonds when they should fall due, and if
such taxation shall take place this year, I propose some of
the bonds shall have less than two years to run, and that
the money received on account of the poll-tax shall be applied
as soon as possible to the payment of a part of those bonds,
and thereby relieve the State of the payment of interest.
I trust the Legislature will not adjourn without making
provision for additional revenues till the temporary in-
debtedness shall be liquidated, and if the mode of taxation
recommended does not meet with the approval of the Legisla-
ture, I trust some other source of revenue will be found.
By the adoption of the scheme and charter, the relation
of the city of St. Louis to this State is materially changed,
and consequently new legislation is required to provide for
the new relation.
We now have as executive officers, and attending upon
the courts in the city of St. Louis to execute their process
and orders, the sheriff and marshal of the city of St. Louis.
I submit to you whether the law relating to sheriffs and
marshals does not require some change. Should not the
Statute referred to be amended, and the duties of the marshal
and sheriff of the city of St. Louis be more clearly defined?
And, again, should not the law in relation to writs,
original and judicial, be modified so that those which are
to be executed in the city of St. Louis shall be directed as
may be defined to either the sheriff or the marshal of the
city of St. Louis? And sometimes the coroner is required
to perform the duties of sheriff and also of marshal, and
I submit to you whether the statute concerning coroners
does not require additional legislation because the coroner
of the city of St. Louis is a city and not a county officer.
And, again, the scheme by which the city and county were
separated does not provide for a marshal for the county,
and ought not the statute to be changed to correspond with
the scheme? Surely the sheriff is sufficient to execute all
process which may be issued to St. Louis county.
Whilst the General Assembly has the same power over
GOVERNOR JOHN SMITH PHELPS 147
and counties, the city of St. Louis, unlike other cities, has
Representatives in the General Assembly and is required to
collect the State revenue and perform all other functions
in relation to the State in the same manner as if it were a
county. Under the provisions of the Constitution it may
be contended the city has ample power by virtue of the
provisions of its charter to provide for the assessment and
collection of the State revenue without further legislation;
but I think further legislation necessary.
The greater part of the revenue of the State is collected
by county officers. County courts and their clerks have
much to do with the collecting of the revenue; but the city
of St. Louis has no county court nor court corresponding
in its functions with those duties performed by county
courts. Hence, duties heretofore performed pertaining to
the assessment and collection of the revenue in -the city of
St. Louis by the county court of that county and the clerk
of that court must now be performed by other and different
officers, by officers of the city government. In the charter
of the city it is provided the register shall perform such
duties as were performed by the clerk of the county court,
and the comptroller is required to perform such duties as
were performed by the county court pertaining to the
collection of the revenue.
In this changed relation of the city of St. Louis to the
government of the State, I recommend provisions be made
that city officers shall discharge the duties necessary to be
performed in the assessment and collection of the revenue.
Legislation commencing with provision for the assessment
of the revenue, providing for a board of equalization, and
for some one to hear appeals from erroneous assessments
and for collection of the revenue, and that we shall by our
legislation require bond from the collector for the faithful
performance of his duty, seem to be absolutely demanded;
much revenue is received from licenses which are required
to enable parties to engage in the following named pursuits:
Auctioneers, keeping billard tables for public use, keepers
of dramshops and beer houses, keepers of ferries, peddlers
148 MESSAGES AND PROCLAMATIONS OF
and merchants. Licenses for such purposes were issued
by the clerk of the county court and by the county court
of St. Louis county itself.
By the provision of the charter of the city, licenses will
be granted and issued for the city by the register and comp-
troller, the one performing the duties heretofore performed
by the clerk — the other the duties which were performed
by the county court.
I recommend the issuing of licenses be confided by
suitable legislation to the aforesaid city officers, and the
collector be required to collect the revenue due thereby.
I am informed much of the legislation which I think
is required is provided for in bills now pending in the General
Assembly. I furthermore recommend you provide the
general law for the assessment and collection of the revenue
shall prevail in the county of St. Louis, and not the laws
which were specially provided for St. Louis county when the
city of St. Louis was a part of the county.
JOHN S. PHELPS.
TO THE SENATE
APRIL 25, 1877
From the Journal of Executive Business, p. 179
EXECUTIVE DEPARTMENT, CITY or JEPFEBSON, MISSOURI, April 24, 1877.
Senators:
I nominate and appoint Silas Woodson as manager of
State Lunatic Asylum No. 2, in place of Elijah H. Norton,
resigned, and request the senate to advise and consent to
said appointment.
Very Respectfully,
JOHN S. PHELPS.
GOVERNOR JOHN SMITH PHELPS 149
TO THE SENATE
JULY 16, UANY.?] 1877
From the Journal of Executive Business, p. 168
EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, July 16, 1877.
To the Senate:
I have the Honor to nominate David S. Hooper of
Adair County (whose term of office expired in the 1st inst)
to be Regent for Normal School District no one. I also
nominate W. B. Hays of Schuyler County to be Regent
for the Normal School District No one in place of Bartlett
Anderson whose term of office expired on the 1st instant.
And I request the advice and consent of the senate to their
appointment.
Very Respectfully
(Signed) JOHN S. PHELPS
TO THE SENATE
JANUARY 17, 1879
From the Journal of the Senate, p. 53
EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, January 17, 1879.
Hon. Henry C. Brockmeyer, President of the Senate:
Sir — I have the honor to submit herewith to the Senate,
the eleventh biennial report of the Missouri Institution
for the Education of the Blind; also, the report of the Board
of Railroad Commissioners for the year ending December
31st, 1878, and the biennial report of the Register of Lands.
Very respectfully,
JOHN S. PHELPS.
150 MESSAGES AND PROCLAMATIONS OF
TO THE HOUSE OF REPRESENTATIVES
JANUARY 17, 1879
Prom the Journal of the House of Representatives, p. 84
EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, January 17, 1879.
H on. J. Edward Belch, Speaker of the House of Representatives:
Sir — I have the honor to submit herewith to the House
of Representatives the report of the Board of Railroad
Commissioners for the year ending December 31, 1878, and
the biennial report of the Register of Lands.
Very respectfully,
JOHN S. PHELPS.
TO THE SENATE
JANUARY 20, 1879
From the Journal of the Senate, p, 62
EXECUTIVE OFFICE, JEFFERSON CITY, MISSOURI, January 20, 1879.
Hon. Henry C. Brockmeyer, President of the Senate:
Sir — i have the honor to submit to the General As-
sembly, the report of the Superintendent of Public Schools
made to me last January, in compliance with the provisions
of the 68th section of the act for the organization, supervision
and maintenance of common schools.
Very respectfully,
JOHN S. PHELPS-
TO THE HOUSE OF REPRESENTATIVES
JANUARY 21, 1879
From the Journal of the House of Representatives, pp. 131-133
EXECUTIVE OFFICE, CITY OF JEFFERSON, January 21, 1879.
Sir — It is provided "the State Treasurer shall, im-
mediately after his election or appointment, execute and
deliver to the Governor a bond to the State in the sum of
GOVERNOR JOHN SMITH PHELPS 151
one million dollars, with no less than ten securities, to be
approved by the Governor, conditioned for the faithful
performance of all the duties required, or which may be
required of him by law, and for the safety of the State's
funds and securities in his custody, which bond shall be
renewed every two years." At the time this law was enacted,
the term of office of the Treasurer was only two years.
It was further provided that if the Treasurer shall fail to
give his official bond, as required by law, within sixty days
from the day he shall receive his certificate of election or
appointment, his office shall thereby be forfeited. The
State Treasurer did give his official bond on the 8th day of
January, 1877, which is the date of his commission, and
within sixty days from the day he received his certificate of
election; and therefore his office cannot be declared for-
feited. The statute further provides, to relieve all doubt,
that "the securities of any treasurer, or auditor, shall be
held responsible for all acts of their principal till his successor
is elected or appointed, commissioned and qualified." The
State Treasurer has presented to me a bond for my ap-
proval. I cannot approve it, although the sureties justify,
in the aggregate, to more than one million of dollars, for
only a small portion of the means of one of the wealthiest
sureties is within the jurisdiction of this State. Hence, if
the State should seek redress from the sureties, it might
be compelled to go to other jurisdictions to prosecute its
suits.
This bond is presented in renewal of the bond given
when he entered on the discharge of his duties as Treasurer,
I have no power to compel the Treasurer to renew his bond.
I have delayed making a communication of this important
matter to the General Assembly, because I have expected
a bond, with good and sufficient sureties, would be tendered
for my approval. According to the terms of the law, the
office is not forfeited, nor is there a vacancy. The office
is not forfeited, because it is not declared if the Treasurer
shall fail to renew his official bond at the expiration of
two years, the office shall be forfeited. This law was made
152 MESSAGES AND PROCLAMATIONS OF
to require a new bond when a Treasurer should be re-elected,
and since the tenure of the office of Treasurer has been en-
larged, with immediate ineligibility, the law has not been
changed to meet such exigency.
Additional legislation is requisite to accomplish the
object intended. The Treasurer's bond should be renewed
at least every two years, and oftener if the surety shall
become inadequate. The penalty for not renewing the
official bond at the expiration of two years, or when the
sureties shall have died, removed from the State, or become
insolvent, and a new bond shall be required, should be re-
moval from office, and this to be done with the advice of
the Attorney-General, or the advice of a Judge of the
Supreme Court.
A bond with a smaller penalty than one million dollars
—perhaps in the sum of from $500,000 to $750,000— would
be amply sufficient to insure the faithful performance of the
duties of State Treasurer, and to secure the State from loss,
provided there were suitable and proper laws to enforce
the provisions of the 15th section of the 10th article of the
Constitution, and provided also, that the Public School
Fund and the Seminary Fund of the State shall be made
safe in the manner recommended by me in my message,
or in some other equally secure manner. It is a difficult
matter to give security for one million of dollars, and a
bond for a less amount may be good security to the State
for the moneys which may be in the custody of the State
Treasurer. I hope the General Assembly will speedily legis-
late on this subject and prescribe how the moneys of the State
shall be deposited with banks, and the kind of security which
shall be required, and whether the penalty of the bond of the
Treasurer shall be of less amount than now prescribed, and
also when the office of Treasurer shall be forfeited.
In my opinion, the deposit of the money of the State
with banks, with or without interest, except a small amount
for the purpose of paying creditors in distant parts of the
State, is bad policy; but it is a constitutional requirement,
and must be obeyed. JOHN S- PHELPS.
GOVERNOR JOHN SMITH PHELPS 153
TO THE HOUSE OF REPRESENTATIVES
JANUARY 23, 1879
From the Journal of the House of Representatives, pp. IS9-1 40
EXECUTIVE OFFICE, CITY OF JEFFERSON, January 23, 1879.
Sir — I have the honor to submit to the General As-
sembly, in compliance with the provisions of the eighth
section of the fifth article of the Constitution, a full list of
all persons to whom pardons, reprieves or commutations
of punishment have been granted by me from the 8th day
of January, 1877, to the 1st day of January, 1879. It is
provided that when any convict shall have behaved to the
full satisfaction of the Inspectors, according to the rules and
regulations of the prison, at the expiration of three-fourths
of the time for which such person was sentenced, the In-
spectors shall " write and sign a testimony" to that effect,
with a recommendation such person be pardonecj, which
shall be presented to the Governor. The regulation is
wise and beneficent. The reward for compliance with the
prison regulations, and meritorious conduct, is a diminution
of the term of imprisonment. Seldom are pardons refused
at the expiration of three-fourths of the term for which the
convict is sentenced, when the pardon is recommended by
the Inspectors of the Penitentiary. Upon the recommenda-
tion of the Inspectors, and in accordance with the provisions
of the law, I have granted 969 pardons during the time
aforesaid. I have commuted the punishment of death in
four cases to imprisonment in the Penitentiary. I have
granted twenty- two pardons to persons confined in jails
and work houses, and have granted ninety-three full pardons.
Lieut. Gov. Brockmeyer, whilst I was absent from the State,
granted ten pardons. A list of the persons who have been
the recipients of clemency, with reasons for granting same,
is herewith submitted.
Very respectfully,
JOHN S. PHELPS.
154 MESSAGES AND PROCLAMATIONS OF
TO THE HOUSE OF REPRESENTATIVES
JANUARY 28, 1879
From the Journal of the House of Representatives, p. 174
EXECUTIVE OFFICE, JEFFERSON CITY, January 28, 1879.
Hon. J. Ed. Belch, Speaker House of Representatives:
Sir— I have the honor to submit the first report of
John Reid, Esq., Fish Commissioner of this State, showing
what measures have been taken to increase the supply of
food-fish in the streams of this State. I am of opinion a
larger sum of money can be profitably expended in stocking
the streams of our State with fish, than was appropriated
for that purpose.
Very respectfully,
JOHN S. PHELPS.
TO THE HOUSE OF REPRESENTATIVES
JANUARY 28, 1879
From the Journal of the House-of Representatives, p. 188
EXECUTIVE OFFICE, JEFFERSON CITY, January 28, 1879.
Hon. J. Ed. Belch, Speaker of the House of Representatives:
Sir — I have the honor to submit to you a report from
the Board of Managers of State Lunatic Asylum No. 2,
announcing the total destruction of that Asylum on the
25th inst, by fire.
More than two hundred patients were in the Asylum
at the time of the destruction, and, at the present time,
these people are dependent on the charity of the citizens
of St. Joseph for shelter and support. This is not the time
to consider the question of rebuilding that Asylum. We
must, first, provide for the health and comfort of these
GOVERNOR JOHN SMITH PHELPS 155
quired. The act of 1875 prohibits the officers having con-
trol of educational, eleemosynary or other public institu-
tions belonging to the State, from contracting, for the use
of such institutions, any debt for which there shall not be,
at the time, any adequate appropriation. The appropria-
tion for the support of that Asylum is already exhausted,
and therefore, the managers are prohibited from making
contracts for the care, support and protection of these
people. I recommend an appropriation be made for the
immediate relief of those who were inmates of the Asylum
at the time of its destruction.
Perhaps some of those patients may be taken care of
at the Asylum at Fulton. It may be advisable to send
another portion of them to their homes, and others may be
taken care of at St. Joseph. Justice and humanity demand
prompt action. A committee of the Board of Managers
of that Asylum is in this city, and will be glad to furnish
any further information which may be required.
Very respectfully,
JOHN S. PHELPS.
TO THE HOUSE OF REPRESENTATIVES
JANUARY 31, 1879
From the Journal of the House of Representatives, p. 204
EXECUTIVE OFFICE, JEFFERSON CITY, January 31, 1879.
Hon. J. Ed. Belch, Speaker House of Representatives:
Sir — I have the honor to submit herewith reports of
the Adjutant-General of this State, for the years ending
December 31, 1877, and December 31, 1878.
Very respectfully,
JOHN S. PHELPS.
156 MESSAGES AND PROCLAMATIONS OF
TO THE HOUSE OF REPRESENTATIVES
FEBRUARY 5, 1879
From the Journal of the House of Representatives, p. 255
EXECUTIVE OFFICE, CITY OF JEFFERSON, February 5, 1879.
Hon. J. Ed. Belch, Speaker House Representatives:
Sir — I have the honor to submit the enclosed estimate
of the contingent expenses of the office of Governor for the
years 1879 and 1880, in reply to the resolution of the House
of Representatives, adopted on the 31st ult. The business
of the office is increasing and that brings slightly increased
expenditure. It is impossible to foretell exactly what
expenditures, and how much, will be required. No money
will be expended under this head of appropriation, except
that which will be absolutely necessary.
Very respectfully,
JOHN S. PHELPS.
Estimate of contingent expenses of Governor for the
years 1879 and 1880:
Postage $320.00
Janitor, under the present management 420.00
Telegraph dispatches 180 . 00
Traveling expenses of self, and others, on business of State 200 . 00
Ice 40.00
Repairs of Furniture, (books, probably) 30 . 00
Total $1 , 190 00
JOHN S. PHELPS.
GOVERNOR JOHN SMITH PHELPS 157
TO THE SENATE
FEBBUARY 11, 1879
From the Journal of Executive Business, p. 189
EXECUTIVE OFFICE, CITY OF JEFFERSON, February 11, 1879.
Sir — I nominate: —
Joseph K. Rogers, of Boone Co.
John Walker of Howard Co. and
Wm. E. Glenn of Phelps Co. to be Curators of
the State University for the term of six years;
I nominate
Chas. C. Bland, of Phelps Co.
(Vice Headlee, resigned)
Wm. H. Lackland, of the City of St. Louis,
(Vice Perry, resigned),
to be curators of the State University for the term of 2
years, and I request the consent of the Senate to their
appointment.
Very Respectfully,
JOHN S. PHELPS.
To Hon Hy C Brockmeyer
President of the Senate
TO THE SENATE
FEBRUARY 11, 1879
From the Journal of Executive Business, p. 190
EXECUTIVE OFFICE, CITY OF JEFFERSON, February 11, 1879.
Sir — I hereby appoint James C. Nidelet and Wm. M.
Ladd of the City of St. Louis to be Police Commissioners
of the City of St. Louis for the term of 4 years, and David
158 MESSAGES AND PROCLAMATIONS OF
H. Armstrong of the City of St. Louis to be a Police com-
missioner of the City of St. Louis for the term of 2 years.
And I do hereby request the advice and consent of the
Senate to their appointment.
Very Respectfully
JOHN S. PHELPS.
To Hon. H. C. Brockmeyer
President of the Senate
TO THE SENATE
FEBRUARY 12, 1879
From the Journal of Executive Business, p. 190
EXECUTIVE OFFICE, CITY OF JEFFERSON, February 12, 1879
Sir — I nominate: — Dr. E. M. Kerr, (Vice McFarlane
resigned),
Philip E. Chappell, (Vice Atkinson resigned),
James H. Yureman, (Vice Richenbaugh, resigned),
to be managers of the State Lunatic Asylum at Fulton, all
for the term ending 6th of Feb. 1881, and I respectfully
request the advice and consent of the Senate to their ap-
pointment.
Very Respectfully
JOHN S. PHELPS.
To Hon H C Brockmeyer
President of the Senate
TO THE SENATE
FEBRUARY 14, 1879
From the Journal of Executive Business, p.
EXECUTIVE OFFICE, CITY OF JEFFERSON, February 14, 1879.
Sir — I do hereby appoint John E. Ryland, of LaFayette
County and A. W. Rogers of Johnson County Regents for
Normal School, District No 2 for the term of 6 years, ending
GOVERNOR JOHN SMITH PHELPS 159
on the 1st of January 1885. And I respectfully ask the
advice and consent of the Senate to their appointment.
Very Respectfully
JOHN S. PHELPS.
To Hon. H. C. Brockmeyer
President of the Senate
TO THE SENATE
FEBRUARY 18, 1879
From the Journal of Executive Business, p.
EXECUTIVE OFFICE, CITY OF JEFFERSON, February 19, 1879.
Sir — I nominate John M. Oldham, of Adair County
and J. M. McKim of Knox County to be regents of State
Normal School No 1, at Kirksville for the term expiring
1st of January 1885 and I respectfully ask the advice and
consent of the Senate to their appointment.
Very Respectfully
JOHN S. PHELPS.
To Hon Henry C Brockmeyer
President of the Senate
TO THE SENATE
APRIL 14, 1879
From the Journal of Executive Business, p. 197
EXECUTIVE OFFICE. JEFFERSON CITY, MISSOURI, April 14, 1879.
Sir — I nominate Lt. Col. Charles W. Squires to be a
Brigadier General of the National Guards of this State,
and I respectfully request the Senate to advise and consent
to his appointment.
Very Respectfully
JOHN S. PHELPS.
Hon. H C Brockmeyer
President of the Senate
160 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
APRIL 16, 1879
From the Journal of Executive Business, p. 198
EXECUTIVE OFFICE, JEFFERSON CITY, MISSOURI, April 16, 1879.
Sir — I nominate Leslie A. Moffett and John D. Finney
to be Police Commissioners of the City of St. Louis, each
for the term ending on 1st of January 1883, the first named
in place of John G. Priest, and the other in place of Jas.
C. Nidelet, whose terms of office have expired.
I respectfully ask the Senate to advise and consent
to their appointment.
Very Respectfully
JOHN S. PHELPS.
Hon. H C Brockmeyer
President of the Senate
TO THE SENATE
APRIL 16, 1879
From the Journal of Executive Business, p. 199
EXECUTIVE OFFICE, JEFFERSON CITY, MISSOURI, April 16, 1879.
Sir — 1 nominate Richard M. Scruggs of the City of
St. Louis to be a Trustee of the Missouri Institution for the
Education of the Blind to fill the vacancy occasioned, by
the resignation of Silas Bent to hold for the residue of the
unexpired term, till the 27th of February 1881. I respect-
fully request the advice and consent of the Senate to his
appointment.
Very Respectfully,
JOHN S. PHELPS.
Hon H C Brockmeyer
President of the Senate
GOVERNOR JOHN SMITH PHELPS 161
TO THE SENATE
APRIL 16, 1879
From the Journal of Executive Business, p. 200
EXECUTIVE OFFICE, JEFFERSON CITY, MISSOURI, April 16, 1879.
Sir — I nominate Ashley W. Ewing, of Cole County as
a member of the Board of Regents for Normal School
District No 2 for the term ending 1st January 1881, to fill
the vacancy occasioned by the removal from the State of
Samuel Martin; and I request the advice and consent of
the Senate to his appointment.
Very Respectfully,
JOHN S. PHELPS.
Hon H C Brockmeyer
President of the Senate
TO THE SENATE AND THE HOUSE OF
REPRESENTA TI VES
APRIL 22, 1879
From the Journal of the Senate, pp. 59S-597
EXECUTIVE OFFICE, JEFFERSON CITY, MISSOURI, April 22, 1879.
Senators and Representatives:
On the first day of June next $250,000 revenue bonds
in this State will become due, which were issued in pursuant
of a law enacted by the last Legislature. Shortly after
my inauguration, I discovered large liabilities had been
incurred during the preceding two years, in excess of the
appropriations made for that purpose. These liabilities
had not been improperly incurred, and no doubt would have
been paid if the money appropriated for such objects had
not been already exhausted. To provide for the payment
of these liabilities, "An act to appropriate money for the
162 MESSAGES AND PROCLAMATIONS OF
deficiencies in the appropriations for the years 1875 and
1876" was passed, and the sum of $269,567.96 was ap-
propriated for that purpose. In consequence of these and
other existing liabilities the loan for $250,000 was authorized.
A larger sum would then have been asked for, but for the
constitutional prohibition. These bonds are payable out
of the revenue fund, and there is not, and will not be, money
in the Treasury wherewith to pay them. I therefore rec-
ommend provision be immediately made for the issue of
$250,000 coupon bonds, due and payable within two years
from their date, with interest at the rate of 6 per cent, per
annum, payable semi-annually, and that the said bonds
or their proceeds be exchanged for the outstanding revenue
bonds, and that $250,000 be appropriated for that purpose.
By an act of the Legislature, approved on the 15th
March last, provision was made that the Treasurer should,
within thirty days from that date give a new bond, with
sufficient securities, or vacate his office. That act provided
the bond should be for $500,000, whilst the law which was
in force when he first entered on the discharge of his duties
as Treasurer required a bond for $1,000,000. The number
of sureties — not less than ten — is prescribed by the former
and present laws. On Saturday evening, the 12th inst., the
Treasurer presented to me his bond for approval. There
were twelve sureties on his bond, and each has justified,
in the manner required by law, "that he was worth the
amount set opposite his name, after the payment of all
debts, for which he is in anywise bound or liable." With
some of the sureties I had no personal acquaintance, nor
had I any personal knowledge of the property they owned,
its nature, where situated, or their liabilities. Nor does
the law provide any means whereby the Governor can
investigate such matters. If the bond had not been ap-
proved on or before the 14th inst., the office of Treasurer,
by the terms of the law, would have become vacant. One
or two of the sureties justified in this city. . The sureties
swore they were worth sums which aggregated $615,000 or
$115,000 in excess of the amount required by the law.
GOVERNOR JOHN SMITH PHELPS 163
Upon the evidence presented to me, which was their own
affidavits, I pronounced the sureties good and sufficient.
I approved of the bond on Monday, the 14th inst., and it
is on file in the office of the Secretary of State.
The names of the sureties, and the sums they severally
swore they were worth, are as follows:
Calvin F. Burnes $300,000.00
Alex. Young 20,000.00
John J. Daly 10,000.00
Quintus Price 20,000.00
William Carter 75,000.00
L. N. Crawford 35,000.00
Hugh L. Fox 50,000.00
Thos. Thoroughman 20,000.00
Jno. R. Farrar 25,000.00
Fielding Burnes 40,000 .00
C. H. Lamar 5,000.00
Tennessee Matthews 15,000.00
It is necessary to reduce the expenditures of the State,
or to increase its revenues, or to do both. The revenue is
not adequate to defray expenses of the State government,
liquidate its indebtedness, payable from the revenue fund,
and to provide for such casualties as may occur. The
rebuilding of the Lunatic Asylum is required by justice
and humanity. The outstanding revenue bonds should
not be renewed after this year. If the Legislature should
levy a poll-tax, it can be collected this year, and enable a
portion of these bonds to be paid before the expiration of
two years, and work to be commenced on the asylum this
year, and, if not completed this year, to be completed at
an early period next year. There will be greater delin-
quencies in the collection of the poll-tax than in the collec-
tion of a tax on property, and this delinquency should be
considered. If the Legislature will impose a poll-tax of
one dollar on every male person of the age of twenty-one
and upwards, the revenue bonds can be liquidated within
the ensuing two years, and the treasury be relieved of its
other embarrassments.
164 MESSAGES AND PROCLAMATIONS OF
The Treasurer, in his biennial report, stated that there
was a balance in treasury on the first of January last, of
$472,465,92, which belonged to the following funds:
State Revenue Fund $177 ,418.06
State Interest Fund 156,039.79
State School Fund 457 . 11
State School Moneys 120,828.48
State Seminary Fund 95 . 08
State Library Fund 1 , 355 . 30
Redemption of Land Fund 9 . 58
Insurance Department Fund 2 ,964 . 29
Road and Canal Fund 412.49
Executor's and Administrator's Fund 12,885.74
$472,465.92
And deposited and held as follows:
Bank of Commerce, St. Louis ' $122,303.37
National Bank, State, St. Louis 3,045.25
The Mastin Bank, Kansas City 286 , 187 . 80
Deposited with Reid and Chrisman 5 , 000 . 00
Clinton County Bonds, (in vault) 49,000.00
Wolf scalp certificates, (in vault) 4,432.00
Currency, (in vault) 2 ,497 . 50
$472,465.92
The only sums available at that date were the deposits
in the Bank of Commerce — $122,303.37 — and the currency
in vault— $2,497.50— making $124,800.87. The other items
in the last statement are not available. The money de-
posited in the Mastin Bank is money deposited by the
Treasurer to his own credit, and a portion of it deposited
when the bank was said to be in failing circumstances. The
transactions of the Treasurer with that bank have been so
managed and conducted that the whole claim of Col. Gates
against that bank is in dispute, and has recently been
disallowed by the assignee of said bank. It is just to state
that an appeal has been taken by Col. Gates from this
decision. If that bank was used merely as a place of deposit
of money by CoL Gates, it is singular that his account
against the bank should be disputed. With respect to
another item of $49,000 Clinton Countv Bonds. I am not
GOVERNOR JOHN SMITH PHELPS 165
yet advised that the State is the owner of them. I am
informed these bonds came from the bank of St. Joseph —
a bank at all times solvent — and why county bonds should
be received in his transactions with that bank, with the
expectation the State will take them as cash, I cannot
imagine. But the following sums were not, nor are they
now, available:
National Bank, State, St. Louis $3,045.25
Mastin Bank, Kansas City 286,187.80
Deposited with Reid and Chrisman 5,000.00
Clinton County Bonds 49,000.00
Total $343,233.05
This amount of $343,233.05, in my opinion, will not
be available during the next twelve months, and probably
not then. It matters but little to what fund it belongs.
The money belongs to the people — was collected from them —
and its place must be supplied by other money collected
from them. If this sum belongs to the interest fund, then
it could now be applied to the payment of $340,000 of the
bonds of the State, and stop interest on that sum, amounting
to more than $20,000 annually. If any portion of that sum
belongs to the revenue fund, then that fund is embarrassed
to that extent. And if the same shall not be paid by the
Treasurer and his sureties, and if it cannot be collected by
law, then have the people lost that sum of money.
Since the Treasurer has given a new bond, a settlement
should be made between the Treasurer and the State.
Difficulties may arise which can now be avoided. The
sureties on the bond first given by the Treasurer are liable
for any delinquency, neglect or misconduct of the Treasurer,
which occurred prior to the approval of the new bond, and
if the money for which the Treasurer is accountable shall
not be adjusted and paid to the State, I advise authority
be given that a suit be commenced, on that bond, against
the Treasurer and all his sureties. But whether this shall
be done or not, it is proper the sureties on the new bond
shall know for what sums of money they are responsible,
166 MESSAGES AND PROCLAMATIONS OF
and therefore justice requires that this settlement shall
be speedily made. The matter rests with you to have this
settlement made, as does also the authority to commence
suit against the Treasurer on his bond. I have no authority
in the premises, nor has any other executive officer such
authority.
The State has received from time to time, and probably
will receive, money on account of the sale, by the govern-
ment of the United States, of lands which had been duly
and properly selected as swamp land. Such lands were
granted by the United States to this State, and the State
donated the lands to the counties in which they were situated.
The law requires the Register of Lands to pay the money
he may receive into the State treasury, to the credit of the
county to which said money belongs. And the law provides
the Treasurer shall pay said money to the county entitled
thereto. This law was enacted many years ago, and has
been abrogated by the 19th section of the 10th article of the
Constitution, which provides: "No moneys shall ever be
paid out of the treasury of this State, or any of the funds
under its management, except in pursuance of an appropria-
tion; nor unless such payment be made or a warrant shall
have issued therefor within two years after the passage
of such appropriation act." 1 recommend the sum of
$20,000 or so much thereof as may be necessary, be ap-
propriated for the purpose of paying to the counties entitled
thereto such sums of money as may be paid into the State
treasury by the government of the United States as in-
demnity for swamp land sold by the United States. .1
also advise this appropriation be made available im-
mediately, as there is some money which can be paid now
to some counties.
I hope the legislature will not adjourn without reducing
costs in criminal cases. I can but reiterate the opinion I
expressed in my message at the commencement of this
session of the legislature, except to advise that where
persons shall be confined in jail before or after trial, the
expenses of the support of the prisoner in jail shall be borne
GOVERNOR JOHN SMITH PHELPS 167
by the county wherein the prosecution was commenced.
Such a course will throw upon counties a burden now borne
by the State, but will have a tendency to reduce those
expenditures.
JOHN S. PHELPS.
TO THE SENATE
APRIL 22, 1879
From the Journal of the Senate, p. 602
EXECUTIVE OFPICE, JEFFERSON CITY, MISSOURI, April 22, 1879.
Hon. H. C. Brockmeyer, President of the Senate:
Sir — I have the honor to submit herewith the report
of the Fund Commissioners of this State, which was pre-
sented to me by them on yesterday
Very respectfully,
JOHN S. PHELPS.
TO THE SENATE
MAY 5, 1879
From the Journal of Executive Business, p. 200
EXECUTIVE OFFICE, JEFFERSON CITY, May*5, 1879.
Sir — I respectfully nominate the following named
persons of Buchanan County to be managers of State
Lunatic Asylum No 2 for the term ending on the 1st Day
of March 1882:
Rufus L. McDonald, A. H. Vories, John Doniphan,
J. Malin, Edward A. Donelan, Jas. H. R. Cundiff, Silas
Woodson.
Messrs. Malin and Donelan are now practitioners of
medicine.
Very Respectfully
JOHN S. PHELPS.
Hon H C Brockmeyer
President of the Senate
168 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
MAY 19, 1879
From the Journal of Executive Business, p. 201
EXECUTIVE OFFICE, JEFFERSON CITY, MISSOURI, May 19, 1879.
Sir — I nominate Andrew McKinley of the City of St.
Louis to be State Superintendent of Immigration, Henry
Clay Dean of Putnam County and John M. Richardson of
Jasper County to be Commissioners of Immigration;
Said persons to hold their respective offices for the
term of 4 years from the 1st day of January 1879. I re-
spectfully ask the advice and consent of the Senate to their
appointment.
Very Respectfully
JOHN S. PHELPS.
Hon H C Brockmeyer
President of the Senate
TO THE HOUSE OF REPRESENTA TI VES
MAY 19, 1879
From the Journal of the House of Representatives, p. 1688
EXECUTIVE OFFICE, JEFFERSON CITY, MISSOURI, May 19, 1879,
Hon. J. Ed. Belch, Speaker House of Representatives:
Sir — In compliance with the request of the House of
Representatives of this date, I have the honor to transmit
herewith House bill No. 119.
Very respectfully,
JOHN S. PHELPS.
GOVERNOR JOHN SMITH PHELPS 169
TO THE SENATE
JANUARY 8, 1881
From the Journal of the Senate, p. 89
EXECUTIVE OFFICE, JEFFERSON CITY, MISSOURI, January 8, 1881.
Sir — I have the honor to submit herewith the report of
the Commissioners who were appointed by me to superin-
tend the rebuilding and refurnishing the Lunatic Asylum
at St. Joseph, accompanied by a report of S. V. Shipman,
the architect. The Commissioners recommend the farther
appropriation of $5,000 for completing and fitting some
rooms in the fourth story of said building. The sum named,
I think, is reasonable and proper.
The Commissioners have also filed in the Executive
office, in compliance with said act, the books of accounts,
showing the receipts and disbursements on account of said
building, with vouchers therefor, bids, contracts and bonds
for the performance of the contracts, which are subject to
the inspection and orders of the Legislature.
Very respectfully,
JOHN S. PHELPS.
TO THE SENATE
JANUARY 8, 1881
From the Journal of the Senate, p. 89
EXECUTIVE OFFICE, JEFFERSON CITY, MISSOURI, January 8, 1881.
Sir — I have the honor to transmit herewith to the
General Assembly the Biennial Report of Hon. James E,
McHenry, Register of Lands, showing the transactions of
his office during the years 1879 and 1880.
Very Respectfully,
JOHN S. PHELPS.
170 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
JANUARY 10, 1881
From the Journal of the Senate, p. 4.3
EXECUTIVE OFFICE, JEFFERSON CITY, MISSOURI, January 10, 1881.
Sir — I have the honor to submit the report of the
Adjutant and Acting Paymaster-General Mitchell, made
to me of his action in the premises in requesting, on behalf
of this State, that the Secretary of the Treasury shall, in
compliance with the act of Congress, approved January
27th, 1879, duly consider and report the amount which may
be found due to this State, on account of military services
rendered in concert "with the troops of the United States in
the suppression of the late rebellion.
Very respectfully,
JOHN S. PHELPS, Governor.
TO THE SENATE
JANUARY 10, 1881
From- the Journal of the Senate, p. 43
EXECUTIVE OFFICE, JEFFERSON CITY, MISSOURI, January 10, 1881.
Sir — I have the honor to transmit the report made by
the State Auditor to me, showing the condition of the State
Interest and Sinking Funds on the first inst Also, the
amount of the bonded debt of the State, the date when the
different series of the bonds will become due, and the year
in which portions of the debt may be redeemed.
Very respectfully,
JOHN S. PHELPS, Governor.
GOVERNOR JOHN SMITH PHELPS 171
PROCLAMATIONS
OFFERING A REWARD
JANUARY 23, 1877
From the Register of Civil Proceedings, 1874-1878, pp. S46-847
EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, MISSOURI,
January 23, 1877.
WHEREAS, it has been made known to me that John
Lawrence, sentenced to death, C. C. Thompson and
Alexander Broughton, indicted for the crime of murder
committed upon the body of Sullivan in Buchanan
county Mo. William Johnson, charged with robbery, John
Sullis, charged with grand larceny, and James Martin,
charged with grand larceny were confined in the jail of
Buchanan county.
AND, WHEREAS, it has further been made known to
me that the said parties, on the night of the nineteenth day
of January, 1877, did break prison, and are now at large,
and have fled from justice. Now THEREFORE I, John S.
Phelps, governor of the state of Missouri, do hereby offer
the following rewards for the arrest and delivery of said
fugitives to the sheriff of Buchanan county:
For said John Lawrence, Three hundred dollars; For
said C. C. Thompson and Alexander Broughton, each, the
sum of Two hundred and fifty dollars; For said William
Johnson, John 'Sullis and James Martin each the sum of
Two hundred dollars; said reward to be paid upon the pro-
duction of the receipt of the sheriff of said Buchanan county
for the bodies respectively of said fugitives.
172 MESSAGES AND PROCLAMATIONS OF
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(SEAL) the state of Missouri. Done at the city of
Jefferson this 23rd day of January A. D. 1877.
JOHN S. PHELPS.
By the governor,
MlCHL. K. McGRATH
Secy of State
Description of fugitives:
John Lawrence is about 26 years of age 6 feet one inch
high, dark complexion, dark brown hair and blue eyes;
is a native of Ohio.
C. C. Thompson is about 5 feet 6 inches high, round
face, dark complexion, black eyes and black hair, heavy
eyebrows. William Johnson is about 27 years old, 5 feet
6 inches high, dark complexion, dark hair and black eyes,
rather thin faced with high forehead; a native of Ohio, and
by occupation a shoemaker.
Alexander Broughton is about 30 years of age 5 feet
8 inches high, light complexion, blue eyes, light hair, heavy
moustache, very high forehead full temples and prominent
cheek bones;
John Sullis is about 22 years of age, dark hair blue
eyes, low forehead, large light moustache, rather coarse
man, about 5 feet 9 inches high, German descent. James
Martin is about 34 years old, about 5 feet 10 inches in
height, light hair, grey eyes, sandy complexion red chin
whiskers and moustache, with right arm off below the elbow.
A native of England.
GOVERNOR JOHN SMITH PHELPS 173
OFFERING A REWARD
MAY 8, 1877
From the Register of Civil Proceedings, 1874*18? 8, p. $87
WHEREAS, Richard Henson and Jane Adison, alias
Jane Henson, stand charged by indictment in the circuit
court of St. Charles county Missouri, with the murder of
William Adison on or about the tenth da^ of October A. D.
1876, and Whereas, the said Richard Henson and Jane
Adison alias Jane Henson, are now at large and fugitives
from justice, and cannot be arrested by ordinary criminal
process, Now Therefore: I, John S. Phelps, governor of
the state of Missouri, by virtue of the authority of law in
me vested, do by this my proclamation offer a reward of
One hundred dollars for the arrest and delivery of each of
the aforesaid fugitives to the sheriff of St. Charles county,
Missouri, said reward to be paid upon the production of the
receipt of the sheriff of said county for the body or bodies
of the fugitives aforesaid.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(SEAL) the state of Missouri. Done at the city of
Jefferson this eighth day of May A. D. 1877.
JOHN S. PHELPS.
By the governor:
MlCHL. K. McGRATH
Secretary of State.
Description of fugitives:
Richard Henson has black hair, dark complexion,
straight nose, about five feet eight inches high well made
weighs about 160 Ibs. & between 25 and 30 years of age.
Jane Adison alias Jane Hensen is of medium size, middle
aged, light hair, red or freckled face, hard features blueish
eyes and masculine voice.
174 MESSAGES AND PROCLAMATIONS OF
OFFERING A REWARD
MAY 8, 1877
From the Register of Civil Proceedings, 1874-1878, p. 888
WHEREAS James Bishop stands charged by indictment,
in the circuit court of Maries county, Missouri, with the
murder of David Hoops on the sixteenth day of May A. D.
1874, and Whereas the said James Bishop is now at large
and a fugitive from justice, and cannot be arrested by or-
dinary criminal process, Now Therefore I, John S. Phelps,
governor of the state of Missouri, by virtue of the authority
of law in me vested, do by this my proclamation offer a
reward of two hundred dollars for the arrest and delivery
of the body of the said James Bishop to the sheriff of Maries
county, Missouri, at any time within one year from the
date of this proclamation.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(SEAL) the state of Missouri. Done at the city of
Jefferson this eighth day of May A. D. 1877.
JOHN S. PHELPS.
By the governor
MlCHL. K, McGRATH
Secretary.
OFFERING A REWARD
MAY 9, 1877
From the Register of Civil Proceedings, 1874-1878, p. 389
WHEREAS Michael Shroyer stands charged by indict-
ment in the circuit court of Boone county, Missouri, with
the murder of Permelia Ann Sbroyer in October 1876, and
WHEREAS the said Michael Shroyer is now at large and a
GOVERNOR JOHN SMITH PHELPS 175
fugitive from justice, and cannot be arrested by ordinary
criminal process — Now THEREFORE I, John S, Phelps,
governor of the state of Missouri by virtue of the authority
of law in me vested, do hereby offer a reward of two hundred
dollars for the arrest of the said Michael Shroyer and his
delivery to the sheriff of Boone county, Missouri. Said
reward to be paid upon the production of the receipt of the
sheriff of said county for the body of the fugitive aforesaid.
In Testimony Whereof, I have hereunto set my
hand and caused to be affixed the great seal of
(SEAL) the state of Missouri. Done at the city of
Jefferson this ninth day of May A. D. 1877.
JOHN S. PHELPS.
By the governor:
MlCHL. K. McGRATH,
Secretary of State.
Description of fugitive:
Michael Shroyer is about forty five years of age five
feet ten inches high weighs about one hundred and sixty
pounds; dark hair little grey, black beard, square shoulders,
high cheek bones dark complexion, heavy eyebrows, dark
eyes, left hand crippled, fingers drawn down, snappish
voice, illiterate.
ON THE REPEAL OF CERTAIN PROCLAMATIONS
MAY 21, 1877
From the Register of Civil Proceedings, 1874-1878, p. 895
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS, many proclamations have been issued by my
predecessors for the arrest and surrender to the proper
authorities of fugitives from justice, and in many cases the
witnesses by whom the guilt of said fugitive could b$
176 MESSAGES AND PROCLAMATIONS OF
lished have died or have removed from the state so that the
prosecution of said malefactors would be unavailing and
the state subjected not only the expense of prosecution but
also to the payment of large sums for rewards. Therefore
I do hereby make known that all proclamations issued by the
governors of this state prior to the first day of January
1877, offering rewards for the capture and surrender of
fugitives from justice are hereby revoked, and that no
reward will be paid for the arrest of said fugitives made
after this date arrested under said proclamations. In all
proper cases rewards will again be offered if shown to be
advisable.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(SEAL) the state of Missouri. Done at the city of
Jefferson this 21st day of May A. D. 1877.
JOHN S. PHELPS.
By the governor
MlCHL. K. McGRATH
Secretary of State.
OFFERING A REWARD
MAY 22, 1877
From the Register of Civil Proceedings, 1874-1878, p. S96
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS, Albert Carey, alias Kerry, stands charged
by indictment in the circuit court of Newton county with
the murder of John Cole, and Whereas, the said Albert
Carey, alias Kerry, is a fugitive from justice and cannot be
arrested by ordinary process,
Now THEREFORE I, John S, Phelps, governor of the
state of Missouri, by virtue and authority of law in me vested,
and for good and sufficient reasons appearing, do hereby
offer a reward of Two hundred dollars for the arrest of said
fugitive and his delivery to the sheriff of Newton county,
GOVERNOR JOHN SMITH PHELPS 177
payable on the production of the receipt of the sheriff of
said county for the body of said fugitive, within twelve
months from this date.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal
(SEAL) of the state of Missouri. Done at the city of
Jefferson this 22nd day of May A. D, 1877.
JOHN S. PHELPS.
By the governor
MlCHL. K. McGRATH
Secretary of State.
Description of Fugitive:
Albert Carey alias Kerry, is 5 feet llj^ inches high,
stoop shouldered weighs about 180 or 185 pounds; com-
plexion dark; low forehead; lame, from a broken ankle,
in his right foot; works his head from one side to the other
in conversation.
OFFERING A REWARD
JUNE 14, 1877
From the Register of Civil Proceedings, 1 87 4-1 87 S, p. 407
EXECUTIVE DEPARTMENT, CITY OP JEFFERSON, MISSOURI.
WHEREAS, it has been made known to me that some
person or persons, whose names are to me unknown, did
on the night of the 22nd day of May 1877, wilfully set fire
to the building or storehouse of Joseph J. Huegel, in the
city of Jefferson, and that said unknown person or persons
did on the 12th day of June 1877, wilfully set fire to the
building of C. V. Price in the city of Jefferson; and it is
shown to me that both of said buildings, at the time they
were so fired, were being repaired by convict labor, and it
is believed that the object of the said incendiaries was to
deter those who might desire to do so, from employing
17S MESSAGES AND PROCLAMATIONS OF
convict labor in erecting or repairing buildings on said
city of Jefferson, and WHEREAS, said parties so charged with
said felony have fled from justice or have secreted them-
selves.
Now THEREFORE, I, Henry C. Brokmeyer, Lieutenant
and acting governor of the state of Missouri, under and by
authority of law in me vested, do hereby offer a reward of
Three hundred dollars for the apprehension and delivery
of the person or persons, charged with committing said
offense, to the sheriff of Cole county, payable upon the
production to this department of satisfactory proof of the
conviction of said 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 Missouri. Done at the city of
Jefferson this 14th day of June A. D. 1877.
HENRY C. BROKMEYER
By the lieutenant and acting governor.
MlCHL K. McGRATH
Secretary of State.
OFFERING A REWARD
JULY 2, 1877
From the Register of Civil Proceedings, 1874-1878, pp. 414-415
STATE OF MISSOURI, EXECUTIVE DEPARTMENT,
WHEREAS, Moses Everrnan and Joseph Everman stand
charged by indictment in the circuit court of Vernon county
with the murder of Simon Neilson; and Whereas, the said
Moses Everman and Joseph Everman have fled from justice
and cannot be arrested by the ordinary process of law,
Now THEREFORE, I, Henry C. Brokmeyer, Lieutenant
and acting governor of the state of Missouri, by virtue and
authority of law in me vested and for good and sufficient
reasons appearing do hereby offer a reward of Two hundred
dollars for the arrest of each of said fugitives and their
GOVERNOR JOHN SMITH PHELPS 179
delivery to the sheriff of Vernon county within twelve
months from the date hereof, payable on proof of their
conviction.
In Testimony Whereof 1 have hereunto set my
hand and caused to be affixed the great seal
(SEAL) of the state of Missouri. Done at the city of
Jefferson this second day of July A. D. 1877.
HENRY C. BROKMEYER.
By the Lieutenant and acting governor
MlCHL. K. McGRATH
Secretary of State.
Description of fugitives:
Moses Everman is about 27 years old 5 feet 8 inches
high; thin visaged, dark complexioned, with black hair and
thin black whiskers; would weigh about 140 pounds.
Joseph Everman — 24 or 25 years old 5 feet 7 or 8 inches
high — weighs 135 or 140 pounds, thin faced dark com-
plexioned and black hair and whiskers — whiskers very
thin.
OFFERING A REWARD
JULY 24, 1877
From the Register of Civil Proceedings, 1874-1878, p. 4S1
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS, David Allen stands charged by indictment
in the circuit court of Ripley county with the murder of
William L. Williams, and Whereas the said David Allen
has fled from justice and cannot be arrested by ordinary
criminal process of law. Now Therefore, 1, John S.
Phelps governor of the state of Missouri by virtue and
authority of law in me vested and for good and sufficient
reasons appearing do hereby offer a reward of two hundred
180 MESSAGES AND PROCLAMATIONS OF
dollars for the arrest of said fugitive and his delivery to the
sheriff of Ripley county at any time within twelve months
from the date hereof payable upon proof of his arrest and
receipt of the sheriff of said county for the body of said
fugitive.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri. Done at the city of
Jefferson this 24th day of July A. D. 1877.
JOHN S. PHELPS.
By the governor
MlCHL. K. McGRATH
Secretary of State
Description of fugitive:
David Allen is described as about twenty two years
old; five feet ten inches high, round shouldered; one hundred
and forty five pounds weight; sandy or red haired, side
whiskers rather kinkey — brogue in speech.
AN APPEAL FOR PEACE AND ORDER
JULY 27, 1877
From the Register of Civil Proceedings, 1874-1878, p. 4$9
SAINT Louis, MISSOURI, July 27, 1877.
WHEREAS, a large number of men have for several days
been unlawfully and riotously assembled in the city of St.
Louis; and Whereas it has been represented to me that
said men have unlawfully compelled other men to quit and
abandon the pursuits by which they supported themselves
and their families, thus to give up against their wish, their
usual employment; and Whereas said men have impeded
the prosecution of the internal commerce of the country
by assembling in force and preventing the transportation
of the products of the agriculturist, the artisan and the
GOVERNOR JOHN SMITH PHELPS 181
manufacturer thereby materially enhancing the cost of the
support of all persons in a time of financial distress; and
Whereas, other disturbances and disorders are threatened
in this city and elsewhere in this state. Now, therefore,
I, John S. Phelps, governor of the state of Missouri; do
hereby require said bands of men, so unlawfully assembled,
to disband and return to their usual pursuits and avocations,
and not further to molest the good citizens of this state, or
to interfere with their industrial pursuits. And I do assure
the people of Missouri, and especially of this city, that I
am here for the purpose of seeing that the laws are faithfully
executed and enforced, and that the rights of all shall be
respected; that order shall be maintained; that all as-
semblages of evil men shall be dispersed and that quiet and
tranquility in future shall be preserved, and with the aid
of the good people of this state I do solemnly declare these
pledges shall be redeemed, so far as in me lies as their chief
executive, not only for the peace and welfare of this city,
but for every part of this commonwealth.
In Witness Whereof I have set my hand this 27th
day of July 1877.
JOHN S. PHELPS,
Governor of Missouri.
OFFERING A REWARD
AUGUST 8, 1877
From the Register of Civil Proceedings, 1874-1878, pp. 4%7-4.28
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS, Hayden Brown stands charged by affidavit
with the murder of Mrs. J. C. Parish, and whereas the said
Hayden Brown has fled from justice and cannot be arrested
by ordinary process of law, .
Now THEREFORE, I, John S. Phelps, governor of the
state of Missouri, by authority of law in me vested, and
182 MESSAGES AND PROCLAMATIONS OF
for good and sufficient reasons appearing do hereby offer
a reward of Two hundred dollars for the arrest of said
fugitive and his delivery to the sheriff of Randolph county
at any time within twelve months from the date hereof.
In Testimony Whereof I have hereunto and caused
to be affixed the great seal of the state of Mis-
(Seal) souri. Done at the city of Jefferson this eighth
day of August A. D. 1877.
JOHN S. PHELPS.
By the governor
MlCHL. K. McGRATH
Secretary of State.
Description of fugitive:
Hayden Brown is about twenty two years old; about
five feet six inches high ; sandy and short hair; light mustache ;
heavy dark eyebrows; prominent cheek bones; thin visage,
would weigh in the neighborhood of 150 pounds; is of a
boisterous disposition; When last seen he was riding a gray
horse, and armed with a revolver and doubled barrelled
shot gun.
OFFERING A REWARD
AUGUST 17, 1877
From the Register of Civil Proceedings, 1874-1878, p. 4SS
WHEREAS, Jacob Judy stands charged by indictment
in the circuit court of Franklin county, Missouri, with the
murder of James 0. Garha; and, Whereas the said Jacob
Judy has fled from justice and cannot be arrested by ordinary
process of law,
Now THEREFORE, I, John S. Phelps, governor of the
state of Missouri, by authority of law in me vested, and for
good and sufficient reasons appearing, do hereby offer a
GOVERNOR JOHN SMITH PHELPS 183
reward of Two hundred dollars for the arrest of said fugitive
and his delivery to the sheriff of said county of Franklin,
at the town of Union, at any time within twelve months
from the date hereof.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal
(Seal) of the state of Missouri. Done at the city of
Jefferson this seventeenth day of August A. D.
1877.
JOHN S. PHELPS.
By the governor
MlCHL. K. McGRATH
Secretary of State.
Description
Jacob Judy is between twenty eight and thirty years
of age; of light complexion, with blue eyes and auburn hair;
about 5 feet 10 inches in height; of slender build, weighing
about 150 pounds, and in address is quick spoken.
OFFERING A REWARD
AUGUST 17, 1877
From the Register of Civil Proceedings, 1874-1878, p. 434
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS, Henry Clay White and Louis Krimminger
stand charged by indictment in the circuit court of Perry
county, Missouri, with the murder of William T. Jones,
and Whereas the said Henry Clay White and Louis Krim-
minger have fled from justice and cannot be arrested by
ordinary process of law, Now therefore, I, John S. Phelps,
governor of the state of Missouri, by authority of law in me
vested, and for good and sufficient reasons appearing, do
hereby offer a reward of two hundred dollars for the arrest
184 MESSAGES AND PROCLAMATIONS OF
of each of said fugitives and their delivery to the sheriff
of said county of Perry at the county seat thereof at any
time within twelve months from this date.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri. Done at the city of
Jefferson this seventeenth day of August A. D.
1877.
JOHN S. PHELPS.
By the governor:
MlGHL. K. McGRATH
Secretary of State.
Description:
White is about 29 years of age, 5 feet 9 or 10 inches
high; stout built, weighing about 170 pounds; black hair
and eyes, dark brown eyebrows, mustache and chin whiskers,
the latter sometimes dyed black, is erect in carriage and of
genteel appearance.
Krimminger is about 20 years of age, about 6 feet high;
awkwardly built and stout, weighing about 180 pounds;
smooth faced, black eyes, dark hair and eyebrows; of sluggish
habits and slovenly in dress.
ON RELINQUISHMENT OF LAND
SEPTEMBER 5, 1877
From the Register of Civil Proceedings, 1874-1878, pp. 440-44®
The State of Missouri To all to whom these presents shall come,
Greeting:
Know Ye, that WHEREAS, under the Act of congress
approved Sept. 28th 1850 entitled "An act to enable the
state of Arkansas and other states to reclaim the swamp
lands within their limits," the surveyor general for the states
of Illinois and Missouri reported to the commissioner of
GOVERNOR JOHN SMITH PHELPS 185
the general land office the following described tract of land
subject to sale at the land office at Springfield, Mo., as
muring to the state of Missouri, under the act aforesaid,
viz: The north half of the southwest quarter of section
one (1) township thirty-three (33) of range fifteen (15)
west and Whereas, it appears that the said described tract
of land was located Sept, 25, 1856 by Isaac Whitson of
Laclede county, Missouri, with Military bounty land
warrant No. 33,446, under act of congress approved March
3d 1855 and, Whereas on the 17th day of January 1857
the aforesaid tract of land was approved to the state of
Missouri by the Secretary of the Interior in list No. 2 of
swamp and overflowed lands and Whereas, on the 26th
day of March 1857, the said tract of land was patented to
the state of Missouri in patent No. 2, for the Springfield
district as inuring to the state of Missouri under said act
of 1850 and Whereas, by an act of congress approved March
2d, 1855 entitled "An act for the relief of purchasers and
locators of swamp and overflowed lands" the president of
the United States is directed to cause patents to be issued
as soon as practicable to the purchasers or locators who have
made entries of the public lands either with cash or with
land warrants or with scrip prior to the issue of patents to
the state, as provided in the act of Sept. 28, 1850 and Where-
as, in pursuance of an act of the General Assembly of the
State of Missouri, approved March 10, 1869, entitled "An
act in relation to swamp and overflowed lands" all the swamp
and overflowed lands were patented to the different counties
in which they are situated, and the said described tract of
land was on the 26th day of December 1869, patented to
the county of Laclede in the state of Missouri in patent No.
6, and Whereas, the governor of the state of Missouri is
authorized by the law of said state to relinquish the title
of the state to such swamp and overflowed lands as may
have been sold by the United States since the passage of
the law donating said lands to the state whenever the
counties interested in said land may by an order of the county
court authorize him to do so, and Whereas the county court
186 MESSAGES AND PROCLAMATIONS OF
of the said county of Laclede at the July adjourned term
1877, and on the 17th day of July, A. D. 1877, did make the
following order, a certified copy of which order is on file
in the office of Register of Lands for the state of Missouri,
to wit: "It is ordered by the court that the governor of
the state of Missouri be and he is hereby authorized to
relinquish to the United States government the title of
Laclede county to the N^ S. W. 1A of Sec. 1 township 33 of
range 15 heretofore patented to Isaac Whitson by the United
States." Now Therefore 1, John S, Phelps, governor
of the state of Missouri, in consideration of the premises,
and by virtue of authority in me vested by law do hereby
release and forever relinquish unto the United States of
America all the right, title, claim or interest of any kind
whatsoever of the state of Missouri or of the county of
Laclede in the state of Missouri in and to the land herein-
before described, acquired under or by virtue either of the
selection and approval or the patent issued to said state
of Missouri or of the patent issued to the said county of
Laclede by the state of Missouri, intending hereby to restore
the same to the control of the United States as fully as if
said approval had never been made or said patent issued,
In Testimony Whereof I, John S. Phelps, governor
of the state of Missouri have caused these letters
to be made patent and the seal of the state to be
hereunto affixed by the secretary of state.
Given under my band at the city of Jefferson this
(Seal) 5th day of September in the year of our Lord
One Thousand eight hundred and seventy-
seven.
JOHN S. PHELPS.
By the governor
MlCHL. K. McGRATH
Secretary of State.
GOVERNOR JOHN SMITH PHELPS 187
OFFERING A REWARD
SEPTEMBER 15, 1877
From the Register of Civil Proceedings, 1874-1878, pp. 446-446
EXECUTIVE DEPARTMENT, CITY OF JEFFERSON.
WHEREAS, George Youngblood stands charged by
affidavit with the murder of Joseph Campbell in Ho well
county, Missouri, on or about the twenty ninth day of
August A. D. 1877, and Whereas the said George Young-
blood is now a fugitive from justice and cannot be arrested
by ordinary criminal process Now therefore I, John
S. Phelps governor of the state of Missouri by virtue of the
authority of law in me vested do offer a reward of two
hundred dollars for the apprehension of said George Young-
blood and his delivery to the sheriff of Howell county Mis-
souri at West Plains within one year from the date of this
proclamation.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal
(Seal) of the state of Missouri. Done at the city of
Jefferson this 15th day of September A. D. 1877.
JOHN S. PHELPS.
By the governor:
MlCHL. K. McGRATH,
Secretary of State.
Description of George Youngblood:
He is about 28 years of age, heavy set and about five
feet six or seven inches high; weighs about 150 pounds and
has dark or black hair.
188 MESSAGES AND PROCLAMATIONS OF
OFFERING A REWARD
SEPTEMBER 19, 1877
From the Register of Civil Proceedings, 1874-1878, p. 448
EXECUTIVE DEPARTMENT, CITY OF JEFFERSON.
WHEREAS, James Rupard stands charged by indictment
with the murder of a colored man in Laclede county in this
state, and Whereas the said James Rupard has fled from
justice and cannot be arrested by ordinary criminal process,
Now THEREFORE I, John S. Phelps, governor of the state
of Missouri by virtue and authority of law in me vested and
for good and sufficient reasons appearing do hereby offer
a reward of One hundred and fifty dollars for the arrest of
said fugitive and his delivery to the sheriff of Laclede county
at the town of Lebanon within twelve months from the
date hereof — payable upon proof of his arrest, and receipt
of the sheriff of said county for the body of said fugitive.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri. Done at the city of
Jefferson Mo. this nineteenth day of September
A. D. 1877,
JOHN S. PHELPS.
By the governor
MlCHL K. McGRATH
Secretary of State.
OFFERING A REWARD
SEPTEMBER 27, 1877
From the Register of Civil Proceedings, 1874-1878, p. 451
EXECUTIVE DEPARTMENT, JEFFERSON CITY, MISSOURI,
SEPTEMBER 27, 1877.
WHEREAS, Nathaniel Buchanan stands charged by
indictment in the circuit court of Stoddard County, Missouri
with the murder of Isaac R. Dotson, and Whereas, the said
GOVERNOR JOHN SMITH PHELPS 189
Nathaniel Buchanan has fled from justice and cannot be
arrested by ordinary criminal process, Now Therefore I,
John S. Phelps, Governor of the State of Missouri, by
authority of law in me vested, and for good and sufficient
reasons appearing do hereby offer a reward of One hundred
and fifty dollars for the arrest of said fugitives and his
delivery to the sheriff of said county of Stoddard, at the
town of Bloomfield, within twelve months from the date
hereof, payable upon proof of his arrest and receipt of the
sheriff of said county for the body of said fugitive.
In Testimony Whereof I have here-unto set my
hand and caused to be affixed The Great Seal
(Seal) of the State of Missouri. Done at the City of
Jefferson this twenty seventh day of September
AD. 1877.
JOHN S. PHELPS.
By the Governor:
MICHEL K. MC&RATH — Secy, of State.
OFFERING A REWARD
SEPTEMBER 27, 1877
From the Register of Civil Proceedings, 1874-1878, p. 452
EXECUTIVE DEPARTMENT, CITY OF JEFFERSON.
WHEREAS Jesse Kitchen stands charged by indictment
in the circuit court of Stoddard county, Missouri, with the
murder of George Reck and Whereas the said Jesse Kitchen
has fled from justice and cannot be arrested by ordinary
criminal process, Now Therefore, I, John S. Phelps,
governor of the state of Missouri, by authority of law in me
vested, and for good and sufficient reasons appearing do
hereby offer a reward of One hundred and fifty dollars for
the arrest of said fugitive and his delivery to the sheriff
of said county of Stoddard at the town of Bloomfield within
190 MESSAGES AND PROCLAMATIONS OF
twelve months from the date hereof payable upon proof
of his arrest and receipt of the sheriff of said county for the
body of said fugitive.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal
(Seal) of the state of Missouri. Done at the city of
Jefferson this twenty seventh day of September
A. D. 1877.
JOHN S. PHELPS.
By the governor
MICH'L. K. McGRATH
Secretary of State.
OFFERING A REWARD
OCTOBER 9, 1877
From the Register of Civil Proceedings, 1874-1878, p. 466
EXECUTIVE DEPARTMENT, CITY OF JEFFE-RSON.
WHEREAS Burgess G. Miller stands charged with the
crime of having unlawfully, feloniously and wilfully aided
and assisted in the escape of one Mary Ann Lawrence, a
prisoner, from his custody, while acting as deputy sheriff
of Ozark county, Missouri, and, Whereas, the said Miller
is a fugitive from justice and cannot be arrested by ordinary
process of law Now Therefore, I, John S. Phelps, governor
of the state of Missouri, by virtue of authority in me vested
by law, and for good and sufficient reasons appearing, do
hereby offer a reward of One hundred dollars for the arrest
of said fugitive and his delivery to the sheriff of Ozark
county at Gainesville at any time within one year from the
GOVERNOR JOHN SMITH PHELPS 191
date of this proclamation.
In Testimony Whereof I have hereunto set iny
hand and caused to be affixed the great seal
(Seal) of the state of Missouri. Done at the city of
Jefferson this ninth day of October, A. D. 1877.
JOHN S. PHELPS.
By the governor
MICH'L K. MCGRATH
Secty of State.
ON THANKSGIVING
NOVEMBEK 19, 1877
From the Register of Civil Proceedings, 1874-1878, p. 469
EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, MISSOURI.
To the people of the state of Missouri:
It is the duty of a people who have enjoyed the many
blessings of Divine Providence to return their devout
thanks for the bounties received. We have been spared
the terrible calamities of war; we have been free from "the
pestilence that walketh in darkness, and the sickness that
destroyeth in noonday," and in the recent commotion which
invaded our state life was taken nor was blood shed: The
earth has generously yielded a full recompense to the kind
hand and skill of the husbandman; The paralysis which has
afflicted our manufacturing and commercial interests is
gradually yielding to the enterprise, the increased industry
and rigid economy of a good and virtuous people. I there-
fore recommend that the people of this state shall assemble
at their usual places of worship on Thursday the 29th instant
and give thanks for the many blessings bestowed on them.
192 MESSAGES AND PROCLAMATIONS OF
In Testimony Whereof, I, John S. Phelps, governor
of the state of Missouri, have hereunto set my
hand and caused to be affixed the great seal of
the state of Missouri. Done at the city of
Jefferson Mo. this 19th day of November A. D.
1877.
JOHN S. PHELPS.
By the governor
MlCHL K. McGRATH
Secretary of State.
OFFERING A REWARD
DECEMBER 11, 1877
From the Register of Civil Proceedings, 1874-1878, p. 1+77
EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, MISSOURI.
WHEREAS, William J. Bradford stands charged by
indictment in the circuit court of Phelps county, Missouri,
with the murder of R. D. Freeman and M. M. Freeman and
Whereas the said William J. Bradford has fled from justice
and cannot be arrested by ordinary criminal process — Now,
Therefore, I, John S. Phelps governor of the state of
Missouri, by authority of law in me vested, and for good
and sufficient reasons appearing, do hereby offer a reward
of Two hundred dollars for the arrest of said fugitive, and
his delivery to the sheriff of said county of Phelps, at the
county seat thereof, at any time within twelve months from
this date.
In Testimony Whereof I have hereunto set my hand
and caused to be affixed the great seal of the
(Seal) state of Missouri. Done at the city of Jefferson
this eleventh day of December A. D. 1877.
JOHN S. PHELPS,
By the governor,
MlCHL K. McGRATH,
Secty State.
GOVERNOR JOHN SMITH PHELPS 193
TO THE PEOPLE OF MISSOURI RELATIVE TO
THE UNIVERSAL EXPOSITION IN PARIS
JANUARY 3, 1878
From the Register of Civil Proceedings, 1874-1878, pp. 487-488
WHEREAS, the United States have been invited by the
Republic of France to take part in a universal Exposition
to be held in Paris this year, which invitation has been
accepted by the government of the United States, and
Whereas by an exhibition of the products of our mines, of
our agriculture, and of our manufactures, such exposition
will be likely to more extensively make known to the people
of foreign lands the resources of this country, and thereby
induce immigration and the investment of additional
capital in the industrial pursuits of this state.
Now THEREFORE, I, John S. Phelps, governor of the
state of Missouri, do hereby invite all the people of this
state to engage and assist in making a proper representation
of our industrial and natural products at the proposed
exposition.
No money is placed at my disposal to aid in this great
exhibition, but after the collection of the articles to be
exhibited shall have been made at St. Louis or other point
in this state, as may be hereafter determined, the expense
of their transportation to Paris will be defrayed by the
United States.
Officers will be appointed in this state by the president
of the United States to assist in the conduct and management
of this great enterprise.
I propose to appoint a few persons as commissioners
who will also represent the interests of this state: They
will receive no compensation nor will the expenses necessarily
incurred by them be paid by the state. I cannot and will
not incur expense or charges against the state not authorized
by law, and in the appointment of such commissioners I
desire to appoint those only who will attend the Exposition
194 MESSAGES AND PROCLAMATIONS OF
at Paris, and who will not seek such appointment and then
shirk the duties which they should perform with earnestness
and zeal. But money will be required To defray the ex-
penses of collecting such products of our agriculture, our
manufactures and our mines as will properly display the
rich resources of our state, the fertility of its soil, attested
by its cereals, the abundance and wealth of our mineral
products and the consummate skill of our manufacturers
and artisans, Therefore as soon as such commissioners
shall be appointed they will make known the amount of
money which will be required for this purpose and I re-
commend that the necessary amount of funds be contributed
by the people of this state to be expended under the manage-
ment and direction of the commissioners.
In Testimony Whereof, I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri. Done at the city of
Jefferson this third day of January A. D. 1878.
JOHN S. PHELPS.
By the governor
MlCHL K. McGRATH
Secretary of State.
ON DECLARING CERTAIN COMMISSIONS
VACATED
JANUARY 11, 1878
From the Register of Civil Proceedings, 1874-1878, p. 491
EXECUTIVE DEPARTMENT, CITY OP JEFFERSON, MISSOURI.
By virtue of authority in me vested by law I, John
S. Phelps, governor of the state of Missouri, hereby declare
vacated, from and after the first day of February A. D.
1878, all commissions heretofore issued to persons residing
GOVERNOR JOHN SMITH PHELPS 195
in any of the states or territories of the United States or
foreign countries, as commissioners of deeds for the state
of Missouri, who have failed to file their oaths of office, and
a description of their seals of office (if there be such) together
with their signatures thereto, in the office of the secretary
of state within six months after the date of their appoint-
ments, as required by section 2, chapter 22 title VIII of
the general statutes of Missouri of 1865.
In Testimony Whereof I have here unto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri. Done at the city of
Jefferson this eleventh day of January A. D. 1878.
JOHN S. PHELPS.
By the governor
MICH'L K. McGRATH
Secretary of State.
OFFERING A REWARD
APRIL 18, 1878
From the Register of Civil Proceedings, 1874-1878, p. 526
EXECUTIVE DEPARTMENT, CITY OF JEFFERSON.
WHEREAS, Pinkney Anderson Baker stands charged
with the murder of James Middleton in the county of St.
Francois in this state, and Whereas the said Pinkney Ander-
son Baker has fled from justice and cannot be arrested by
ordinary criminal process, Now Therefore I, John S,
Phelps, governor of the state of Missouri, by authority of
law in me vested, and for good and sufficient reasons ap-
pearing do hereby offer a reward of Two hundred dollars
for the arrest of said fugitive and his delivery to the sheriff
of said county of St. Francois at the county seat thereof,
at any time within one year from this date.
196 MESSAGES AND PROCLAMATIONS OF
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri* Done at the city of
Jefferson this 18th day of April A. D. 1878,
JOHN S. PHELPS.
By the governor:
MICH'L. K. MCGRATH
Secretary of State.
Description of fugitive:
Age, about thirty five years; Near six feet in height,
and will weigh about one hundred and forty five or fifty
pounds; Has dark blue eyes and dark hair, usually a little
long; light complexion and very little beard and thinly set
on face; Is a carpenter, wheelwright and chair maker by
trade.
OFFERING A REWARD
JUNE 4, 1878
From the Register of Civil Proceedings, 1874-1878, p.
EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, MISSOUBI.
WHEREAS, Carlton D. Vandiver stands charged by
indictment in the circuit court of Boone county, state of
Missouri, with the murder of Matilda Vandiver, his wife,
in the county of Boone aforesaid, on the 22nd day of August
1872; and Whereas, the said Carlton D. Vandiver has fled
from justice and cannot be arrested by ordinary process,
Now THEREFORE I, John S. Phelps, governor of the state
of Missouri, by authority of law in me vested, and for good
and sufficient reasons appearing, do hereby offer a reward
of Two hundred and fifty dollars for the arrest and delivery
of said fugitive to the sheriff of Boone county at Columbia,
within twelve months from the date hereof.
GOVERNOR JOHN SMITH PHELPS 197
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal
(Seal) of the state of Missouri. Done at the city of
Jefferson this fourth day of June A. D. 1878.
JOHN S. PHELPS.
By the governor
MICH'L K. MCGRATH
Secretary of State.
OFFERING A REWARD
JUNE 13, 1878
From the Register of Civil Proceedings, 1874-1878, p. 545
EXECUTIVE DEPARTMENT, CITY OF JEFFERSON.
WHEREAS John Williams stands charged by indictment
in the circuit court of St. Francois county, State of Missouri,
with the murder of Mathew Kinney, in the county aforesaid
on the 3rd day of December A. D. 1871, and Whereas the
said John Williams has fled from justice and cannot be
arrested by ordinary criminal process: Now Therefore
I, John S. Phelps, governor of the state of Missouri, by
authority of law in me vested, and for good and sufficient
reasons appearing, do hereby offer a reward of One hundred
and fifty dollars for the arrest and delivery of said fugitive
to the sheriff of said county at Farmington, within one year
from the date hereof.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal
(Seal) of the state of Missouri. Done at the city of
Jefferson this Thirteenth day of June A. D.
1878.
JOHN S. PHELPS.
By the governor
MICH'L K. MCGRATH
Secretary of State.
198 MESSAGES AND PROCLAMATIONS OF
OFFERING A REWARD.
JUNE 14, 1878
From the Register of Civil Proceedings, 1874-1878, P-
EXECUTIVE DEPARTMENT, CITY OF JEFFERSON.
WHEREAS David Gregory stands charged by indictment
in the circuit court of Dunklin county, State of Missouri,
with the murder of Taylor Hale in said county on 9th day
of August A. D. 1877, And Whereas the said David Gregory
has fled from justice and cannot be arrested by ordinary
process Now Therefore I, John S. Phelps, governor of
the state of Missouri, by authority of law in me vested,
and for good and sufficient reasons appearing, do hereby
offer a reward of One hundred and fifty dollars for the
arrest and delivery of said fugitive to the sheriff of said
county of Dunklin at Kennett within one year from the
date hereof.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal
(Seal) . of the state of Missouri. Done at the city of
Jefferson Mo. this fourteenth day of June A. D.
1878.
JOHN S. PHELPS.
By the governor
MICH'L K. MCGRATH
Secretary of State.
OFFERING A REWARD
JULY 2, 1878
From the Register of Civil Proceedings, 1874-1878, p. 558
EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, MISSOURI.
WHEREAS Lewis Pixley and Perry Pixley, stand charged
by indictment in the circuit court of Vernon county, state
of Missouri, with the murder of Joseph Bailey in said county
on the 26th day of May 1867, and Whereas the said Lewis
Pixley and Perry Pixley have fled from justice and cannot
GOVERNOR JOHN SMITH PHELPS 199
be arrested by ordinary process of law. Now Therefore,
I, John S. Phelps governor of the state of Missouri, do hereby
offer a reward of Two hundred dollars for the arrest and
delivery of each of said fugitives to the sheriff of Vernon
county at the county seat thereof at any time within twelve
months from the date of these presents.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri. Done at the city of
Jefferson this second day of July A. D. 1878.
JOHN S. PHELPS.
By the governor
MICH'L K. MCGRATH
Secretary of State.
ON RESTORATION OF CIVIL RIGHTS
JULY 26, 1878
From the Register of Civil Proceedings, 1874-1878, p. 560
The state of Missouri to all who shall see these presents, greeting:
WHEREAS Chas.' Strabach at the May term 1877, of
Franklin county circuit court, was by the judgment of
said court convicted of selling whisky on Sunday, and
adjudged to pay a fine of $5.00, and thereby became dis-
qualified from keeping a dramshop within two years from
such conviction within this state Now Therefore, I, John
S. Phelps, governor of the state of Missouri, by virtue of
authority in me vested, and for good and sufficient reasons
appearing, do hereby restore to the said Chas. Strabach
all the civil rights forfeited by reason of such conviction.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal
(Seal) of the state of Missouri. Done at the city of
Jefferson this 26th day of July A. D. 1878.
JNO. S. PHELPS.
By the governor
MICH'L K. MCGRATH
Secretary of State.
200 MESSAGES AND PROCLAMATIONS OF
OFFERING A REWARD
AUGUST 15, 1878
From the Register of Civil Proceedings, 1874-1878, p. 565
EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, MISSOURI.
WHEREAS James Allison and John L. Williams stand
charged by indictment in the circuit court of Morgan county
with the crime of murder, committed in 1875, and Whereas
the said James Allison and John L. Williams have fled
from justice and cannot be arrested by ordinary criminal
process, Now Therefore, I, John S. Phelps, governor of
the state of Missouri by authority of law in me vested, and
for good and sufficient reasons appearing, do hereby offer
a reward of One hundred and fifty dollars each for the arrest
and delivery of said fugitives to the sheriff of said county at
Versailles, within twelve months from the date hereof.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal
(Seal) of the state of Missouri. Done at the city of
Jefferson this fifteenth day of August A. D. 1878.
JOHN S. PHELPS.
By the governor
MICH'L K. McGRATH
Secretary of State.
OFFERING A REWARD
AUGUST 31, 1878
From the Register of Civil Proceedings, 1874-1878, p. 570
EXECUTIVE DEPARTMENT, STATE OF MISSOURI.
WHEREAS David Victor stands charged by indictment
in the circuit court of Stoddard county, state of Missouri,
with the murder of Isaac M. Lindsay in said county on the
16th day of April 1869, and Whereas the said David Victor
GOVERNOR JOHN SMITH PHELPS 201
has fled from justice and cannot be arrested by ordinary
criminal process, Now Therefore I, Henry C. Brokmeyer,
Lieutenant and acting governor of the state of Missouri,
by authority of law in me vested, and for good and sufficient
reasons appearing do hereby offer a reward of Three hundred
dollars for the arrest of said fugitive and his delivery to the
sheriff of said county of Stoddard at the county seat thereof
at any time within one year from the date of these presents.
In Testimony Whereof, I have hereunto set my
hand and caused to be affixed the great seal
(SEAL) of the state of Missouri. Done at the city of
Jefferson, this 31st day of August A. D. 1878.
HENRY C. BROCKMEYER
By the Lieutenant
and acting governor
MICH'L K. MCGRATH
Secretary of State.
OFFERING A REWARD
SEPTEMBER 16, 1878
From the Register of Civil Proceedings, 1874-1878, p. 576
EXECUTIVE DEPABTMENT, STATE OF MISSOURI.
WHEREAS, Benjamin Munsford stands charged by
affidavit in the county of Clark State of Missouri, with the
murder of John H. Jackson in said county on the 21st day
of August 1878; and Whereas, the said Benjamin Munsford
has fled from justice and cannot be arrested by ordinary
criminal process, Now Therefore I, John S. Phelps
governor of the state of Missouri, by authority of law in
me vested, and for good and sufficient reasons appearing,
do hereby offer a reward of Two hundred dollars for the
arrest of said fugitive and his delivery to the sheriff of said
county of Clark at the county seat thereof at any time with-
in one year from the date of these presents.
202 MESSAGES AND PROCLAMATIONS OF
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(SEAL) the state of Missouri. Done at the city of
Jefferson This 16th day of September A. D. 1878.
JOHN S. PHELPS.
By the governor
MICH'L K. MCGRATH
Secretary of State.
ON REMOVAL OF DISABILITIES
OCTOBER 4, 1878
From the Register of Civil Proceedings, 1874-1878, pp. 58%-58S
The state of Missouri, To all who shall see these presents —
Greeting:
WHEREAS John N. German at the August term A. D.
1875 of the circuit court of Wright county was by the judg-
ment of said court convicted of petit larceny and thereby
became disqualified to be sworn as a witness or juror in
any cause, or to vote at any election or to hold any office of
honor, profit or trust within this state, Now Therefore
I, John S. Phelps, governor of the state of Missouri, by
virtue of authority in me vested by law and for good and
sufficient reasons appearing do hereby remove the aforesaid
disabilities imposed on the said John N. German:
In Testimony Whereof I have Hereunto set my
hand and caused to be affixed the great seal
(SEAL) of the state of Missouri. Done at the city of
Jefferson this fourth day of October A. D. 1878.
JOHN S. PHELPS.
By the governor:
MICH'L K. MCGRATH,
Secretary of State.
GOVERNOR JOHN SMITH PHELPS 203
ON THANKSGIVING
NOVEMBER 16, 1878
From the Register of Civil Proceedings, 1874-1878, pp. 615-616
STATE or MISSOURI, EXECUTIVE DEPARTMENT.
It is proper that we give thanks to Almighty God for
the innumerable blessings bestowed on us during the past
year: We should manifest our gratitude that we have
been spared from civil commotion and that the pestilence
which "Walketh at noon-day" has not darkened our homes
with sorrow: The labors of the husbandmen have been
rewarded and all branches of industry seem to revive I,
John S. Phelps, governor of Missouri do therefore designate
and set apart Thursday the 28th day of this month as a
day of thanksgiving and prayer: I request the people on
that day to abstain from their usual secular pursuits and
to assemble in their places of public worship to return
thanks to Almighty God for the blessings He has bestowed
on us and to pray for their continuance and that his mercy
may abide with us forever.
In Testimony Whereof I have hereunto set my hand
and caused to be affixed the great seal of the
(SEAL) state of Missouri. Done at the city of Jefferson
this 16th day of November A. D. 1878.
JOHN S. PHELPS.
By the governor:
MTCH'L K. MCGRATH,
Secretary of State.
204 MESSAGES AND PROCLAMATIONS OF
OFFERING A REWARD
NOVEMBER 29, 1878
From the Register of Civil Proceedings, 1874-1878, p.
EXECUTIVE DEPABTMENT, STATE OF MISSOURI.
WHEREAS: Benjamin Munsford stands charged by
affidavit in the county of Clark, state of Missouri with the
murder of John H. Jackson in said county on the 21st day
of August 1878 and Whereas the said Benjamin Munsford
has fled from justice and cannot be arrested by ordinary
criminal process Now Therefore I, John S. Phelps governor
of the state of Missouri, by authority of law in me vested,
and for good and sufficient reasons appearing do hereby
offer a reward of one hundred dollars (in addition to the
reward of two hundred dollars heretofore offered for the
arrest of said Munsford by proclamation dated September
16th 1878) for the arrest of said fugitive and his delivery
to the sheriff of said county of Clark at the county seat
thereof at any time within one year from September 16th
1878.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal
(SEAL) of the state of Missouri. Done at the city of
Jefferson this 29th day of November A. D. 1878.
JOHN S. PHELPS.
By the governor *
MICH'L K. MCGRATH
Secretary of State.
GOVERNOR JOHN SMITH PHELPS 205
OFFERING A REWARD
DECEMBER 7, 1878
From the Register of Civil Proceedings, 1874-1878, p. 63%
EXECUTIVE DEPAFTMENT, STATE OF MISSOURI.
WHEREAS John Cisney stands charged with the murder
of Frederick Mertel on the 7th day of November 1878.
in the county of Benton, and Whereas the said John Cisney
has fled from justice and cannot be arrested by ordinary
process, Now Therefore, I, John S. Phelps governor of
the state of Missouri by authority of law in me vested and
for good and sufficient reasons appearing, do hereby offer
a reward of Two hundred dollars for the arrest and delivery
of said fugitive to the sheriff of said county of Benton at
Warsaw in said county at any time within twelve months
from the date hereof:
In Testimony Whereof, I have hereunto set my
hand and caused to be affixed the great seal
(SEAL) of the state of Missouri. Done at the city of
Jefferson this 7th day of December A. D. 1878.
JOHN S. PHELPS.
By the governor:
MICH'L K. MCGRATH,
Secretary of State.
OFFERING A REWARD
DECEMBER 21, 1878
From the Register of Civil Proceedings, 1874-1878, p. 6S5
EXECUTIVE DEPARTMENT, JEFFERSON CITY, MISSOURI.
Whereas William A. Salisbury stands charged by
indictment in the county of Bollinger with the friuitler of
Lawson Pope, and has fled from juSticfe and cannot be
arrested by ordinary process of law, Now Thfcrfcfore I,
206 MESSAGES AND PROCLAMATIONS OF
Jno. S. Phelps, governor of Missouri, by virtue of authority
in me vested, and for good and sufficient reasons appearing
do hereby offer a reward of Two hundred dollars for the
arrest and delivery of said fugitive to the sheriff of said
county at the county seat thereof within one year from this
date.
In Testimony Whereof, I have hereunto set my
hand and caused to be affixed the great seal
(SEAL) of the State of Missouri. Done at the city of
Jefferson this 21st day of December A. D. 1878.
JNO. S. PHELPS.
By the governor:
MIGH'L K. MCGRATH,
Secretary of State.
OFFERING A REWARD
DECEMBER 30, 1878
From the Register of Civil Proceedings, 1874-1878, p. 637
EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, MISSOURI.
WHEREAS John Logan stands charged with the murder
of Robert H. Ferrell in Pettis county, and has fled from
justice and cannot be arrested by ordinary process of law,
Now Therefore, I, Jno. S. Phelps, governor of Missouri,
by virtue of authority in me vested and for good and suffi-
cient reasons appearing, do hereby offer a reward of two
hundred dollars for the arrest and delivery of said fugitive
to the sheriff of said county, at the county seat thereof,
within one year from this date.
In Testimony Whereof I have hereunto set my
hand, and caused to be affixed the great seal
(SEAL) of the state of Missouri. Done at the city of
Jefferson this 30th day of December A. D. 1878.
JOHN S. PHELPS.
By the governor
MICH'L K. MCGRATH
Secretary of State.
GOVERNOR JOHN SMITH PHELPS 207
OFFERING A REWARD
DECEMBER 30, 1878
From the Register of Civil Proceedings, 1874-1878, p. 637
EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, MISSOURI.
WHEREAS Joseph Eaton stands charged by indictment
with the murder of James S. Hatter in the county of Benton,
and has fled from justice and cannot be arrested by ordinary
process of law: Now Therefore I, John S. Phelps, gov-
ernor of Missouri by virtue of authority in me vested, and
for good and sufficient reasons appearing, do hereby offer
a reward of two hundred dollars for the arrest and delivery
of said fugitive to the sheriff of said county at the county
seat thereof within one year from this date.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal
of the state of Missouri. Done at the city of
Jefferson this 30th day of December A. D. 1878.
JOHN S. PHELPS.
By the governor,
MICH'L K. MCGRATH,
Secretary of State.
OFFERING A REWARD
FEBRUARY 22, 1879
From the Register of Civil Proceedings, 1879-1882, p. $0
EXECUTIVE DEPABTMENT, CITY OF JBFFEBSON, February 22, 1879.
WHEREAS William Hilderbrand stands charged by
indictment with the murder of Hugo Veth in the county of
Jefferson, and has fled from justice and cannot be arrested
by ordinary process of law.
Now THEREFORE, I, John S. Phelps, governor of
Missouri, by virtue of authority in me vested and for good
208 MESSAGES AND PROCLAMATIONS OF
and sufficient reasons appearing do hereby offer a reward
of Two hundred dollars for the arrest and delivery of said
fugitive to the sheriff of said county, at the county seat
thereof, within one year from this date.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(SEAL) the State of Missouri. Done at the City of
Jefferson this 22nd day of February AD. 1879.
JOHN S. PHELPS.
By the Governor
MICH'L K. McGRATH, Secretary of State.
OFFERING A REWARD
MARCH 11, 1879
From the Register of Civil Proceedings, 1879-1882, p.
EXECUTIVE DEPARTMENT, CITY OF JEFFERSON.
WHEREAS, Marion J. Holly stands charged by indict-
ment with the murder of John Pierce in the county of Pemis-
cot and has fled from justice and cannot be arrested by
ordinary process of law. Now Therefore, I, John S.
Phelps, governor of Missouri, by virtue of authority in me
vested, and for good and sufficient reasons appearing do
hereby offer a reward of Two-hundred dollars for the arrest
and delivery of said fugitive to the sheriff of said county,
at the county seat thereof at any time within one year from
this date.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal
(SEAL) of the State of Missouri. Done at the City of
Jefferson this eleventh day of March A. D. 1879.
JOHN S. PHELPS.
By the governor
MICM'L K. McGitATft,
Secretary of State,
GOVERNOR JOHN SMITH PHELPS 209
OFFERING A REWARD
MAECH 12, 1879
From the Register of Civil Proceedings, 1879-1882, pp. 29-30
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS, William Griffith stands charged by indict-
ment with the crime of arson in the county of Osage, and
has fled from justice and cannot be arrested by ordinary-
process of law. Now Therefore, I, John S. Phelps,
governor of the state of Missouri, by virtue of authority
in me vested, and for good and sufficient reasons appearing
do hereby offer a reward of One hundred dollars for the
arrest and delivery of said fugitive to the sheriff of said
county of Osage at the county seat thereof at any time
within one year from the date of these presents.
In Testimony Whereof, I have hereunto set my
hand and caused to be affixed the great seal
(SEAL) of the State of Missouri. Done at the City of
Jefferson this twelfth day of March AD. 1879.
JOHN S. PHELPS*
By the governor
MTCH'L K. MCGRATH, Secretary of State.
OFFERING A REWARD
MARCH 15, 1879
From the Register of Civil Proceedings, 1879-1882, p. SI
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS, John Johnson stands charged by indictment
with the murder of Andrew Mahaney in the county of
Wright and has fled from justice and cannot be arrested
by ordinary process of law. Now Therefore I, Jobn S.
Phelps, Governor of the State of Missouri by virtue of
210 MESSAGES AND PROCLAMATIONS OF
authority in me vested and for good and sufficient reasons
appearing, do hereby offer a reward of Two hundred dollars
for the arrest and delivery of said fugitive to the sheriff
of said county of Wright, at the county seat thereof at any
time within one year from the date of these presents.
In Testimony Whereof, I have hereunto set my
hand and caused to be affixed the Great Seal
(SEAL) of the State of Missouri. Done at the City of
Jefferson this fifteenth day of March A. D. 1879.
JOHN S. PHELPS.
By the Governor
MICH'L K. MCGRATH, Secretary of State.
Description of Fugitive:
Johnson is 20 or 25 years old; weighs 160 Ibs; very dark
skin and eyes; black hair and thin black beard; about 5
feet 8 inches high.
OFFERING A REWARD
APRIL 22, 1879
From the Register of Civil Proceedings, 1879-1882, p.
STATE OF MISSOXJBI, EXECUTIVE DEPABTMENT.
WHEREAS, David Bertram stands charged by indict-
ments, in the St. Louis criminal court, with the crime of
grand larceny, and has fled from justice and cannot be ar-
rested by ordinary process of law, Now THEREFORE, I,
John S. Phelps, governor of the state of Missouri, by virtue
of authority in me vested, and for good and sufficient rea-
sons appearing do hereby offer a reward of One Hundred
and fifty dollars for the arrest and delivery of said fugitive
to the marshal of the city of St. Louis, in said city at any
time within twelve months from the date of these presents.
GOVERNOR JOHN SMITH PHELPS 211
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the Great Seal of
(SEAL) the State of Missouri. Done at the city of
Jefferson this 22nd day of April A. D. 1879.
JOHN S. PHELPS.
By the Governor
MICH'L K. MCGRATH, Secretary of State.
OFFERING A REWARD
MAY 1, 1879
From the Register of Civil Proceedings, 1879-1882, p. 47
STATE OF MISSOUEI, EXECUTIVE DEPARTMENT.
WHEREAS, Jack Newcomb stands charged by indict-
ment with the murder of Patrick Dougherty in the county
of Jasper and has fled from justice and cannot be arrested
by ordinary process of law. Now Therefore, I, John S.
Phelps, governor of the state of Missouri, by virtue of au-
thority in me vested, and for good and sufficient reasons
appearing, do hereby offer a reward of Two hundred dollars
for the arrest and delivery of said fugitive to the sheriff of
said county of Jasper, at the county seat thereof at any
time within one year from the date of these presents.
In Testimony Whereof, I have hereunto set my
hand and caused to be affixed the Great Seal of
(SEAL) the State of Missouri. Done at the City of
Jefferson this 1st day of May A. D. 1879.
JOHN S. PHELPS.
By the Governor
MICH'L K. MCGRATH, Secretary of State.
212 MESSAGES AND PROCLAMATIONS OF
OFFERING A REWARD
MAY 17, 1879
From the Register of Civil Proceedings, 1879-188%, p.
STATE OP MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS, Francis M. Huffman stands charged by
indictment with the murder of Pleasant Loftice in the county
of Douglas, and has fled from justice, and cannot be ar-
rested by ordinary process of law. Now Therefore, I,
John S. Phelps, Governor of the State of Missouri, by virtue
of authority in me vested and for good and sufficient rea-
sons appearing do hereby offer a reward of One hundred
and fifty dollars for the arrest and delivery of said fugitive
to the sheriff of said county of Douglas, at the county seat
thereof at any time within one year from the date of these
presents.
In Testimony Whereof, I have hereunto set my
hand and caused to be affixed the Great Seal of
(SEAL) the State of Missouri. Done at the City of
Jefferson this 17th day of May AD. 1879.
JOHN S. PHELPS.
By the Governor
MICH'L K. MCGRATH, Secretary of State.
ON REMOVAL OF DISABILITIES
MAY 21, 1879
From the Register of Civil Proceedings, 1879-188%, p. 54
State of Missouri, To all who sh&llsve these p
WHEREAS John V. Geno, alias "Pinck Geno" at the
June term AD 1878, of the circuit court of Nodaway County,
was by the judgment of said court convicted of petit lar-
ceny, and thereby became disqualified to be sworn as a
GOVERNOR JOHN SMITH PHELPS 213
witness or juror in any cause, or to vote at any election or
to hold any office of honor, profit or trust within this State,
Now Therefore, I, John S. Phelps, Governor of the State
of Missouri, by virtue of authority in me vested by law, and
for good and sufficient reasons appearing, do hereby remove
the aforesaid disabilities imposed on the said John V. Geno,
alias Pinck Geno, by reason of such conviction.
In Testimony Whereof, I have hereunto set my
hand and caused to be affixed the great seal of
(SEAL) the State of Missouri. Done at the City of
Jefferson this twenty first day of May eighteen
hundred and seventy nine.
JOHN S. PHELPS.
By the governor
MICH'L K. MC&RATH, Secretary of State.
OFFERING A REWARD
MAY 26, 1879
From the Register of Civil Proceedings > 1879-188$, p. 67
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS, John Ray, Wils Ray and James Freeman
stand charged with the murder of E. I. Ellis in Barry county
on or about the first day of April 1879, and have fled from
justice and cannot be arrested by ordinary process of law.
Now Therefore, I, John S. Phelps, Governor of the
State of Missouri, by virtue of authority in me vested and
for good and sufficient reasons appearing do hereby
offer a reward of one hundred dollars for the arrest of each
of said fugitives and their delivery to the sheriff of said
County of Barry at the County seat thereof, at any time
within one year from the date of these presents.
214 MESSAGES AND PROCLAMATIONS OF
In Testimony Whereof, I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri. Done at the City of
Jefferson on this 26th day of May AD. 1879.
JOHN S. PHELPS.
By the Governor:
MICH;L K. MCGRATH, Secretary of State.
ON REMOVAL OF DISABILITIES
JUNE 5, 1879
From the Register of Civil Proceedings, 1879-1882, p. 61
State of Missouri, To all who shall see these presents, Greetings:
WHEREAS, John Tobien at the August term A. D. 1878
of the circuit court of Newton County was by the judgment
of said Court convicted of selling liquor on Sunday and
thereby became disqualified to obtain a license to keep a
dram shop for the period of two years next thereafter within
this State: Now Therefore I, John S. Phelps, Governor
of the State of Missouri, by virtue of authority in me vested
and for good and sufficient reasons appearing do hereby
remove the aforesaid disabilities imposed on the said Tobien
by reason of such conviction.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the Great Seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this fifth day of June AD. 1879.
JOHN S. PHELPS,
By the governor:
MICH'L K. MCGRATH, Secretary of State.
GOVERNOR JOHN SMITH PHELPS 215
ON REMOVAL OF DISABILITIES
JULY 1, 1879
From the Register of Civil Proceedings, 1879-1888, p. 67
State of Missouri, To all who shall see these presents, Greetings:
WHEREAS John J. Kelley was by the judgment of the
criminal court of Pettis County in 1876, convicted of selling
liquor without license, and thereby became disqualified to
obtain a license to keep a dram shop within this state. Now
Therefore, I, John S. Phelps, governor of the state of
Missouri, by virtue of authority in me vested and for good
and sufficient reasons appearing do hereby remove the
aforesaid disabilities imposed upon the said John J. Kelly
by reason of such conviction.
In Testimony Whereof, I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri. Done at the City of Jef-
ferson this First day of July A. D. Eighteen
hundred and seventy nine.
JOHN S. PHELPS.
By the Governor:
MICH'L K. MCGRATH, Secretary of State. -
ON REMOVAL OF DISABILITIES
JULY 11, 1879
From the Register of Civil Proceedings, 1879-1882, p. 69
State of Missouri, To all who shall see these presents Greetings:
WHEREAS, Jacob Mellien at the August term A. D.
1878, of the circuit court of Henry County was by the
judgment of said county convicted of selling liquor on
Sunday and thereby became disqualified to obtain a license
to keep a dram shop within this state.
216 MESSAGES AN0 PROCLAMATIONS OF
Now THEREFORE, I, John S. Phelps, Governor of the
State of Missouri, by virtue of authority in me vested and
for good and sufficient reasons appearing do hereby remove
the aforesaid disabilities imposed on the said Jacob Mellien
by reason of such conviction.
In Testimony Whereof, I have hereunto set my
hand and caused to be affixed the Great Seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this eleventh day of July A. D. Eigh-
teen hundred and seventy nine.
JOHN S. PHELPS.
By the governor:
MICH'L K. McGRATH, Secretary of State.
OFFERING A REWARD
JULY 12, 1879
From the Register of Civil Proceedings, 1879-1882, p. 70
STATE OF MISBOUKI, EXECUTIVE DEPABTMENT.
WHEREAS, Charles Sanders stands charged by indict-
ment with the murder of Charles Printz in the City of St.
Louis, and has fled from justice and cannot be arrested by
ordinary process of law. Now Therefore I, John S. Phelps,
Governor of the State of Missouri, by virtue of authority
in me vested and for good and sufficient reasons appearing,
do hereby offer a reward of Two hundred dollars for the
arrest and delivery of said fugitive to the marshal of said
City of St. Louis, in said City, at any time within one year
from the date of these presents.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this twelfth day of July A, D. 1879.
JOHN S. PHELPS.
By the Governor
MICH'L K. MCGRATH, Secretary of State.
GOVERNOR JOHN SMITH PHELPS 217
ON REMOVAL OF DISABILITIES
JULY 12, 1879
From the Register of Civil Proceedings, 1879-1882, p. 71
State of Missouri, To all who shall see these presents: Greetings:
WHEREAS Thomas M. Smith at the April term AD 1879
of the circuit court of Boone county, was by the judgment
of said court, convicted of selling liquor on Sunday and
thereby became disqualified to obtain a license to keep a
dram shop within this State.
Now THEREFORE I, John S. Phelps, Governor of the
State of Missouri by virtue of authority in me vested and
for good and sufficient reasons appearing do hereby remove
the aforesaid disabilities imposed on the said Thomas M,
Smith by reason of such conviction.
In Testimony Whereof, I have hereunto set my
hand and caused to be affixed the Great Seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this twelfth day of July AD. Eighteen
hundred and seventy nine.
JOHN S. PHELPS.
By the Governor:
MICH'L K. McGRATH, Secretary of State.
ON REMOVAL OF DISABILITIES
JULY 15, 1879
From the Register of Civil Proceedings, 1879-1882, p. 7%
State of Missouri, To all who shall see these presents — Greeting:
WHEREAS John Hilpertshauser, at the September term
A. D. 1878, by the circuit court of Jefferson county was by
the judgment of said court convicted of selling liquor on
Sunday and thereby became disqualified to obtain a license
218 MESSAGES AND PROCLAMATIONS OF
to keep a dram shop for two years next thereafter within this
state.
Now THEREFORE I, John S. Phelps, Governor of the
State of Missouri by virtue of authority in me vested and
for good and sufficient reasons appearing do hereby remove
the aforesaid disabilities imposed on the said John Hil-
pertshauser by reason of such conviction.
In Testimony Whereof, I have hereunto set my
hand and caused to be affixed the Great Seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this fifteenth day of July A. D.
Eighteen hundred and seventy-nine.
JOHN S. PHELPS.
By the Governor
MICH'L K. MCGRATH, Secretary of State.
ON REMOVAL OF DISABILITIES
JULY 18, 1879
From the Register of Civil Proceedings, 1879-1882, p. 78
State of Missouri: To all who shall see these presents: Greeting:
WHEREAS William Vetter at the February term AD
1878 of the circuit court of Phelps county, was by the
judgment of said county convicted of selling liquor on
Sunday, and thereby became disqualified to obtain a li-
cense to keep a dram shop within this state, Now There-
fore I, John S. Phelps, Governor of the State of Missouri
by virtue of authority in me vested and for good and suf-
ficient reasons appearing do hereby remove the aforesaid
disabilities imposed on the said William Vetter by reason
of such conviction.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this eighteenth day of July AD. 1879.
JOHN S. PHELPS.
By the Governor
MICH'L K. MCGRATH, Secretary of State.
GOVERNOR JOHN SMITH PHELPS 219
07V REMOVAL OF DISABILITIES
JULY 28, 1879
From the Register of Civil Proceedings, 1879-1882, p. 75
The State of Missouri, To all who shall see these presents:
Greeting:
WHEREAS — Peter 0' Sullivan was by the judgment of
the circuit court of Johnson county in A D. 1868, convicted
of selling liquor without license and* thereby became dis-
qualified from obtaining a license to keep a dram shop
within this State. Now Therefore, I, John S. Phelps,
governor of the State of Missouri by virtue of authority in
me vested, and for good and sufficient reasons appearing do
hereby remove the aforesaid disabilities imposed on the
said Peter 0' Sullivan by reason of such conviction.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the Great Seal of
(Seal) the state of Missouri. Done at the City of
Jefferson this Twenty-eighth day of July AD.
Eighteen hundred and seventy nine.
JOHN S. PHELPS.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
REMOVAL OF DISABILITIES
AUGUST 2, 1879
From the Register of Civil Proceedings, 1879-1882, p. 77
The state of Missouri, To all who shall see these presents —
Greeting:
WHEREAS — Edwin DeWolf at the August term AD
1873, of the circuit court of Henry County, was by the
judgment of said court convicted of selling liquor without
license and thereby became disqualified from obtaining a
license to keep a dram shop within this state.
220 MESSAGES AND PROCLAMATIONS OF
Now THEREFORE I, John S. Phelps, Governor of the
State of Missouri, by virtue of authority in me vested and
for good and sufficient reasons appearing do hereby remove
the aforesaid disabilities imposed on the said Edwin DeWolf
by reason of such conviction.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this second day of August AD. eighteen
hundred and seventy-nine.
JOHN S. PHELPS.
By the Governor
MICH'L K. McGRATH, Secretary of State.
ON REMOVAL OF DISABILITIES
AUGUST 5, 1879
From the Register of Civil Proceedings, 1879-1882, p. 78
The State of Missouri, To all who shall see these presents:
Greeting:
WHEREAS Peter 0' Sullivan was by the judgment of the
Johnson county court of common pleas in A. D. 1870, con-
victed of selling liquor without license and thereby became
disqualified from obtaining a license to keep a dram shop
within this state.
Now THEREFORE, I, John S. Phelps, Governor of the
State of Missouri, by virtue of authority in me vested and
for good and sufficient reasons appearing do hereby remove
the aforesaid disabilities imposed on the said Peter O'Sul-
livan by reason of such conviction.
GOVERNOR JOHN SMITH PHELPS 221
In Testimony Whereof — I have hereunto set my
hand and caused to be affixed the Great Seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this fifth day of August A. D. Eighteen
hundred and seventy nine.
JOHN S. PHELPS.
By the Governor
MICH'L K. McGRATH, Secretary of State.
ON REMOVAL OF DISABILITIES
AUGUST 15, 1879
From the Register of Civil Proceedings, 1879-188%, p. 81
The State of Missouri, To all who shall see these presents
Greeting:
WHEREAS Baldwin Stevens was by the judgment of
the Johnson court of common pleas of Johnson county in
December 1871. convicted of selling liquor without license
and thereby became disqualified from obtaining a license
to keep a dram shop within this State.
Now THEREFORE 1, John S. Phelps, Governor of the
State of Missouri, by virtue of authority in me vested and
for good and sufficient reasons appearing do hereby remove
the aforesaid disabilities imposed on the said Baldwin
Stevens by reason of such conviction.
In Testimony Whereof, I have hereunto set my
hand and caused to be affixed the Great Seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this 15th day of August A. D. 1879.
JOHN S. PHELPS.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
222 MESSAGES AND PROCLAMATIONS OF
OFFERING A REWARD
AUGUST 21, 1879
From the Register of Civil Proceedings, 1879-188%, p. 88
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS Campbell Engle stands charged by indict-
ment with the murder of Edward G. Godsey in the county
of Nodaway, and has fled from justice and cannot be ar-
rested by ordinary process of law.
Now THEREFORE I, John S. Phelps, governor of the
state of Missouri, by virtue of authority in me vested, and
for good and sufficient reasons appearing, do hereby offer a
reward of Two hundred dollars, for the arrest and delivery
of said fugitive to the sheriff of said county of Nodaway at
the county seat thereof, at any time within twelve months
from the date of these presents.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this 21st day of 'August A. D, 1879.
JOHN S. PHELPS.
By the Governor
MICH'L K. MCGRATH, Secretary of State.
OFFERING A REWARD
SEPTEMBER 15, 1879
From the Register of Civil Proceedings, 1879-1882, p. 89
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS, A. R. Gonce was convicted and sentenced
by the circuit court of Stone county to two years in the
penitentiary for the crime of bigamy; and afterwards broke
jail, and has fled from justice and cannot be arrested by
ordinary process of law,
GOVERNOR JOHN SMITH PHELPS 223
Now THEREFORE, I John S. Phelps Governor of the
State of Missouri, by virtue of authority in me vested and
for good and sufficient reasons appearing, do hereby offer a
reward of One hundred and fifty dollars for the arrest and
delivery of said fugitive to the sheriff of said county of
Stone, at the county seat thereof, at any time within one
year from the date of these presents.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the Great Seal of
(Seal) the State of Missouri. Done at the City of
Jefferson, this fifteenth day of September Ad 1879.
JOHN S. PHELPS.
By the Governor
MICH'L K. McGRATH, Secretary of State.
OFFERING A REWARD
OCTOBER 3, 1879
From the Register of Civil Proceedings, 1879-1882, p. 98
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS, Benjamin Perkins stands charged by indict-
ment with the murder of Robert Pellery in the county of
Gentry, and has fled from justice and cannot be arrested
by ordinary process of law: Now Therefore, I, John S.
Phelps governor of the state of Missouri, by virtue of au-
thority in me vested, and for good and sufficient reasons
appearing do hereby offer a reward of Two hundred dollars
for the arrest and delivery of said Benjamin Perkins to the
sheriff of said county of Gentry at the county seat thereof
at any time within one year from the date of these presents.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the Great Seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this third day of October, A. D. 1879.
JOHN S. PHELPS.
By the Governor
MTCH'L K. MCGRATH, Secretary of State.
224 MESSAGES AND PROCLAMATIONS OF
OFFERING A REWARD
OCTOBER 4, 1879
From the Register of Civil Proceedings, 1879-1882, pp. 9S-94
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS, John Williams stands charged by indictment
in the circuit court of St. Francois county with the murder
of Mathew Kinney in the county aforesaid, on the 3rd day
of December 1871, and has fled from justice and cannot be
arrested by ordinary process of law:
Now THEREFORE, I, John S. Phelps, Governor of the
State of Missouri, by virtue of authority in me vested, and
for good and sufficient reasons appearing do hereby offer a
reward of One hundred and fifty dollars for the arrest and
delivery of said John Williams to the sheriff of said county
of St. Francois at Farmington, at any time within one year
from the date hereof.
In Testimony Whereof — I have hereunto set my
hand and caused to be affixed the Great Seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this fourth day of October, A. D. 1879.
JOHN S. PHELPS.
By the Governor
MICH'L K, MCGRATH, Secretary of State.
OFFERING A REWARD
OCTOBER 29, 1879
From the Register of Civil Proceedings, 1879-188%, pp. 98-99
STATE OF MISSOURI, EXECUTIVE DEPABTMENT.
WHEREAS, Antonia Mitdendorf, stands charged by
affidavit with the murder of Thomas Bequette in the county
of Jefferson, and has fled from justice, and cannot be ar-
rested by ordinary process of law.
GOVERNOR JOHN SMITH PHELPS 225
Now THEREFORE, I, John S. Phelps, Governor of the
State of Missouri, by virtue of authority in me vested, and
for good and sufficient reasons appearing, do hereby offer a
reward of Two hundred dollars for the arrest and delivery
of said Antonia Mitdendorf, to the sheriff of said county of
Jefferson at the county seat thereof, at any time within one
year from the date of these presents.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri. Done at the City of
Jefferson this 29th day of October A. D. 1879.
JOHN S. PHELPS.
By the Governor
MIGH'L K. McGRATH, Secretary of State.
OFFERING A REWARD
OCTOBER 29, 1879
From the Register of Civil Proceedings, 1879-1882, p. 99
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS B. F, Leon and David Dillon stand charged
by indictment with the crime of burglary and larceny in
the county of Jefferson, and have fled from justice and can-
not be arrested by ordinary process of law.
Now THEREFORE, I, John S. Phelps, governor of the
state of Missouri, by virtue of authority in me vested, and
for good and sufficient reasons appearing, do hereby offer
a reward of One hundred and fifty dollars each, for the ar-
rest and delivery of said B. F. Leon and David Dillon to
the sheriff of said county of Jefferson, at the county seat
thereof, at any time within one year from the date of these
presents.
226 MESSAGES AND PROCLAMATIONS OF
In Testimony Whereof, I have hereunto set my
hand and caused to be affixed the Great Seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this 29th day of October AD. 1879.
JOHN S. PHELPS.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
OFFERING A REWARD
OCTOBER 29, 1879
From the Register of Civil Proceedings, 1879-1882, p. 100
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS George B. Tucker stands charged by in-
dictment with the crime of bigamy, in the county of Jef-
ferson and has fled from justice and cannot be arrested by
ordinary process of law:
Now THEREFORE, I, John S. Phelps, governor of the
state of Missouri, by virtue of authority in me vested, and
for good and sufficient reasons appearing do hereby offer a
reward of One hundred dollars, for the arrest and delivery
of said George B. Tucker to the sheriff of said county of
Jefferson, at the county seat thereof at any time within one
year from the date of these presents.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the Great Seal of
(Seal) the State of Missouri. Done at the city of
Jefferson this 29th day of October A. D. 1879.
JOHN S. PHELPS.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
GOVERNOR JOHN SMITH PHELPS 227
OFFERING A REWARD
OCTOBEK 29, 1879
From the Register of Civil Proceedings, 1879-1882, pp. 100-101
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS, Henry Wilkinson stands charged by indict-
ment with the crime of grand larceny, in the county of Jef-
ferson, and has fled from justice and cannot be arrested by
ordinary process of law. Now Therefore, I, John S.
Phelps, governor of the state of Missouri, by virtue of au-
thority in me vested, and for good and sufficient reasons ap-
pearing do hereby offer a reward of One hundred dollars
for the arrest and delivery of said Henry Wilkinson to the
sheriff of said county of Jefferson at the county seat thereof
at any time within one year from the date of these presents.
In Testimony Whereof, I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this 29th day of October AD. 1879.
JOHN S. PHELPS.
By the Governor
MICH'L K. MCGRATH, Secretary of State,
ON REMOVAL OF DISABILITIES
OCTOBEH 31, 1879
From the Register of Civil Proceedings, 1879-1882, p. 101
State of Missouri, To all who shall see these presents, Greeting:
WHEREAS, Joseph Northcutt was by the judgment of
the circuit court of Nodaway county, in Eighteen hundred
and seventy-three, convicted of selling liquor without li-
cense and thereby became disqualified from obtaining a li-
cense to keep a dram shop within this state, Now, There-
fore, I, John S. Phelps, governor of the state of Missouri,
by virtue of authority in me vested and for good and suf-
228 MESSAGES AND PROCLAMATIONS OF
ficient reasons appearing do hereby remove the aforesaid
disabilities imposed on the said Joseph Northcutt by reason
of such conviction.
In Testimony Whereof, I have hereunto set my
hand and caused to be affixed the Great Seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this thirty-first day of October A. D.
Eighteen hundred and seventy-nine.
JOHN S. PHELPS.
By the Governor
MICH'L K. MCGRATH, Secretary of State.
OFFERING A REWARD
NOVEMBER 6, 1879
From the Register of Civil Proceedings, 1879-1882, pp. 103-104
STATE OP MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS Henry Williams alias Young, stands charged
by indictment with the crime of assault to kill, in the county
of Jefferson, and has fled from justice and cannot be ar-
rested by ordinary process of law,
Now THEREFORE — I, John S. Phelps, governor of the
state of Missouri, by virtue of authority in me vested and
for good and sufficient reasons appearing, do hereby offer
a reward of Seventy-five dollars for the arrest and delivery
of said Henry Williams alias Young, to the sheriff of said
county of Jefferson, at the county seat thereof, at any time
within one year from the date of these presents.
In Testimony Whereof — I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this sixth day of November AD. 1879.
JOHN S. PHELPS.
By the Governor
MICH'L K, MCGRATH, Secretary of State.
GOVERNOR JOHN SMITH PHELPS 229
OFFERING A REWARD
NOVEMBER 6, 1879
From the Register of Civil Proceedings, 1879-1882, p. 103
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS — James Boyer stands charged by indictment
with the crime of assault with intent to kill, in the county
of Jefferson and has fled from justice, and cannot be ar-
rested by ordinary process of law.
Now, THEREFORE, I, John S. Phelps, Governor of the
State of Missouri, by virtue of authority in me vested and
for good and sufficient reasons appearing, do hereby offer a
reward of Seventy-five dollars for the arrest and delivery of
the said James Boyer to the sheriff of said county of Jeffer-
son at the county seat thereof at any time within one year
from the date of these presents.
In Testimony Whereof — I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri. Done at the City of
Jefferson this sixth day of November. A. D.
1879.
JOHN S. PHELPS.
By the Governor
MICH'L K. MCGRATH, Secretary of State.
ON REMOVAL OF DISABILITIES
NOVEMBER 13, 1879
From the Register of Civil Proceedings, 1879-1888, p. 106
State of Missouri, To all who shall see these presents, greeting:
WHEREAS, Henry Schmidt was by the judgment of the
circuit court of Nodaway county at the August term AD
1870, and the July term A. D, 1873 convicted of selling
230 MESSAGES AND PROCLAMATIONS OF
liquor without license, and thereby became disqualified
from" obtaining a license to keep a dram shop within this
state;
Now THEREFORE, I, John S. Phelps, Governor of the
State of Missouri, by virtue of authority in me vested and
for good and sufficient reasons appearing, do hereby remove
the aforesaid disabilities imposed on the said Henry Schmidt
by reason of such conviction.
In Testimony Whereof, 1 have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this 13th day of November A. D.
Eighteen hundred and seventy nine.
JOHN S. PHELPS.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
ON THANKSGIVING
NOVEMBER 15, 1879
From the Register of Civil Proceedings, 1879-1882, p. 107
EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, MISSOURI.
In acknowledgment of the many mercies bestowed upon
the people of this State during the past year, and in pur-
suance of the proclamation of the President of the United
States I, John S. Phelps, Governor of the State of Missouri
on behalf and in the name thereof do hereby designate
Thursday, the 27th day of November as a day of
Thanksgiving and prayer: And I do request the people of
this state to abstain from their usual secular pursuits on
that day, to assemble in their usual places of public worship,
and to return thanks to Almighty God for the abundant
harvest He has bestowed upon our people — for the increase
of business and general prosperity now enjoyed — for our
exemption from pestilence, and for the other innumerable
blessings we have received, and to pray they may be con-
tinued.
GOVERNOR JOHN SMITH PHELPS 231
In Testimony Whereof, I, John S. Phelps, have
hereunto set my hand and caused to be affixed
the great seal of the State of Missouri
(Seal) Done at the City of Jefferson this 15th day of
November in the year of Our Lord 1879, of the
independence of the United States the 104th
and of the State of Missouri the 60th.
JOHN S. PHELPS.
By the Governor
MICH'L K. MCGRATH, Secretary of State.
OFFERING A REWARD
NOVEMBER 21, 1879
From the Register of Civil Proceedings, 1879-1882, p. 108
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS, Frank Lane, alias Daniel C. Slater, and
William Smith, stand charged by affidavit with the murder
of William J. Young in the county of Clark, and have fled
from justice and cannot be arrested by ordinary process of
law.
Now THEREFORE, I, John S. Phelps, Governor of the
State of Missouri, by virtue of authority in me vested, and
for good and sufficient reasons appearing do hereby offer a
reward of two hundred and fifty dollars for the arrest and
delivery of each of said fugitives, Frank Lane alias Daniel
C. Slater and William Smith, to the sheriff of Clark county,
at the county seat thereof, at any time within one year from
the date of these presents.
In Testimony Whereof I have hereunto set my hand
and caused to be affixed the great seal of th§
(Seal) State of Missouri. Done at the City of Jeffer-
son this 21st day of November A. D. 1879.
JOHN S. PHELPS.
By the Governor
MICH'L K. MCGRATH, Secretary of State.
232 MESSAGES AND PROCLAMATIONS OF
ON REMOVAL OF DISABILITIES
DECEMBER 5, 1879
From the Register of Civil Proceedings, 1879-1882, p.
STATE OF MISSOUEI, S. S.
WHEREAS, Martin O'Rourke was, by the judgment of
the circuit court of Nodaway county, in the years eighteen
hundred and seventy- three, eighteen hundred and seventy-
four, and eighteen hundred and seventy-five, convicted of
selling liquor without license; and thereby became dis-
qualified from obtaining a license to keep a dram shop within
this state.
Now THEREFORE I, John S. Phelps, Governor of the
State of Missouri, by virtue of authority in me vested,and
for good and sufficient reasons appearing do hereby remove
the aforesaid disabilities imposed upon the said Martin
O'Rourke by reason of such convictions.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri Done at the City of Jeffer-
son this fifth day of December, A. D. eighteen
hundred and seventy nine.
JOHN S. PHELPS.
By the Governor
MICH'L K. McGRATH, Secretary of State.
OFFERING A REWARD
DECEMBER 6, 1879
From the Register of Civil Proceedings, 1879-1882, pp. 112-118
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS, James M. Norvall stands charged by in-
dictment with the murder of Francis Vickars in the county
of Cooper, and has fled from justice and cannot be arrested
by ordinary process of law:
GOVERNOR JOHN SMITH PHELPS 233
Now THEREFORE, I, John S. Phelps, Governor of the
State of Missouri, by virtue of authority in me vested, and
for good and sufficient reasons appearing, do hereby offer
a reward of One hundred and fifty dollars for the arrest
and delivery of said James M. Norvall, to the sheriff of
said county of Cooper at the county seat thereof, at any
time within one year from the date of these presents
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri. Done at the City of
Jefferson this 6th day of December A. D. 1879.
By the Governor: JoHN s* PHELPS.
MIGH'L K. MCGRATH, Secretary of State.
ON REMO VAL OF DISABILITIES
DECEMBER 17, 1879
From the Register of Civil Proceedings, 1879-1882, p. 115
The State of Missouri, To all who shall see these presents —
Greeting:
WHEREAS James Sewell was by the judgment of the
criminal court of Pettis county at the November term A. D.
Eighteen hundred and seventy-eight convicted of selling
liquor without license and thereby became disqualified
from obtaining a license to keep a dram shop within this
state. Now Therefore I, John S. Phelps Governor of the
State of Missouri, by authority in me vested, and for good
and sufficient reasons appearing, do hereby remove the
aforesaid disabilities imposed upon the said James Sewell
by reason of such conviction.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this seventeenth day of December
A. D. Eighteen hundred and seventy nine.
By the Governor JoHN S; PHELPS.
MIGH'L K. MCGRATH, Secretary of State.
234 MESSAGES AND PROCLAMATIONS OF
ON REMOVAL OF DISABILITIES
DECEMBER 17, 1879
From the Register of Civil Proceedings, 1879-1882, pp. 115-116
State of Missouri, To all who shall see these presents: Greeting:
WHEREAS E. Longan, was by the judgment of the
criminal court of Pettis county at the November term AD.
eighteen hundred and seventy eight convicted of selling
liquor without license and thereby became disqualified from
obtaining a license to keep a dram shop within this state.
Now THEREFORE — I, John S. Phelps, Governor of the
State of Missouri, by virtue of authority in me vested, and
for good and sufficient reasons appearing, do hereby remove
the disabilities aforesaid imposed on the said E. Longan
by reason of such conviction.
In Testimony Whereof, I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this seventeenth day of December
A. D. eighteen hundred and seventy nine.
JOHN S. PHELPS.
By the Governor
MICH'L K. MCGRATH, Secretary of State.
OFFERING A REWARD
DECEMBER 18, 1879
From the Register of Civil Proceedings, 1879-1888, p. 117
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS, L. D. Rhoades and William Cooksey stand
charged by indictment with the crime of grand larceny in
the county of Mercer and have fled from justice and cannot
be arrested by ordinary process of law.
Now THEREFORE I, John S. Phelps, Governor of the
State of Missouri, by virtue of authority in me vested and
GOVERNOR JOHN SMITH PHELPS 235
for good and sufficient reasons appearing do hereby offer a
reward of One hundred dollars for the arrest and delivery of
each of said fugitives, L. D. Rhoades and William Cooksey
to the sheriff of said county of Mercer at the county seat
thereof at any time within one year from the date of these
presents
In Testimony Whereof I have hereunto set my hand
and caused to be affixed the great seal of the
(Seal) state of Missouri. Done at the City of Jefferson
this 18th day of December A. D, 1879.
JOHN S. PHELPS.
By the Governor
MICH'L K. MCGRATH, Secretary of State.
ON REMOVAL OF DISABILITIES
DECEMBER 20, 1879
From the Register of Civil Proceedings, 1879-1888, pp. 117-118
State of Missouri, To all who shall see these presents — Greeting:
WHEREAS, Joseph Stricklan was by the judgment of
the circuit court of Maries county at the April term AD.
eighteen hundred and seventy seven convicted of selling
liquor on Sunday and thereby became disqualified from ob-
taining a license to keep a dram shop in this state.
Now THEREFORE I, John S. Phelps, Governor of the
State of Missouri, by virtue of authority in me vested and
for good and sufficient reasons appearing do hereby remove
the aforesaid disabilities imposed upon the said Joseph
Stricklan by reason of such conviction.
In Testimony Whereof, I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this twentieth day of December AD.
Eighteen hundred and seventy nine.
JOHN S. PHELPS.
By the Governor
MICH'L K. MCGRATH, Secretary of State.
236 MESSAGES AND PROCLAMATIONS OF
OFFERING A REWARD
JANUARY 3, 1880
From the Register of Civil Proceedings, 1879-188$, -p.
STATE OP MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS, John Stewart stands charged by indictment
with the murder of David Reed in the county of Platte, and
has fled from justice, and cannot be arrested by ordinary
process of law.
Now THEREFORE I, John S. Phelps, Governor of the
State of Missouri, by virtue of authority in me vested and
for good and sufficient reasons appearing do hereby offer a
reward of One hundred dollars for the arrest and delivery
of said fugitive, John Stewart to the sheriff of said county of
Platte, at the county seat thereof, at any time within one
year from the date of these presents.
In Testimony Whereof, I have hereunto set my
* hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this 3rd day of January A. D. 1880.
JOHN S. PHELPS.
By the Governor
MICH'L K. MCGRATH, Secretary of State.
ON REMOVAL OF DISABILITIES
JANUARY 17, 1880
From the Register of Civil Proceedings, 1879-1882, p.
The State of Missouri, To all who shall see these presents —
Greeting:
WHEREAS, Peter Hamill, was at the November term
A. D. Eighteen hundred and seventy-five, of the circuit
court of Nodaway county, convicted of selling liquor with-
out license, and thereby became disqualified to obtain a
license to keep a dram-shop within this state:
Now THEREFORE — I John S, Phelps, Governor of the
State of Missouri, by virtue of authority in me vested, and
GOVERNOR JOHN SMITH PHELPS 237
for good and sufficient reasons appearing, do hereby remove
the disabilities imposed on the said Peter Hamill by reason
of such conviction
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this seventeenth day of January A.
D. Eighteen hundred and eighty.
JOHN S. PHELPS.
By the Governor
MICH'L K. MCGRATH, Secretary of State.
ON REMOVAL OF DISABILITIES
JANUARY 26, 1880
From the Register of Civil Proceedings, 1879-1882, p. 126
The State of Missouri, To all who shall see these presents: —
Greeting:
WHEREAS, Joseph Huber was on the twentieth day of
September A. D. 1869 of the Johnson county court of com-
mon pleas; and on the eleventh day of June A. D. 1874 of
the circuit court of said Johnson county, convicted of selling
liquor without license, and thereby became disqualified to
obtain a license to keep a dram shop within this state, Now
Therefore — I, John S. Phelps, Governor of the State of
Missouri, by virtue of authority in me vested and for good
and sufficient reasons appearing do hereby remove the dis-
abilities imposed on the said Joseph Huber by reasons of
such convictions.
In Testimony Whereof, I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson, this twenty sixth day of January AD.
Eighteen hundred and eighty.
JOHN S. PHELPS.
By the Governor
MICH'L K. MCGRATH, Secretary of State.
238 MESSAGES AND PROCLAMATIONS OF
ON REMOVAL OF DISABILITIES
FEBRUARY 24, 1880
From the Register of Civil Proceedings, 1879-188$, p. 1S4
The State of Missouri, To all who shall see these presents: —
Greeting:
WHEREAS — Sandford Freeman was, at the August
adjourned term AD 1877, of the circuit court of Clay county,
convicted of grand larceny and sentenced to the penitentiary
of this state for the term of two years, and thereby became
disqualified to be sworn as a witness, or to vote at any
election, or to hold any office of honor or profit or trust
within said state. Now Therefore, I, John S. Phelps,
Governor of the State of Missouri, by virtue of authority
in me vested and for good and sufficient reasons appearing,
do hereby remove the disabilities imposed on the said Sand-
ford Freeman by reason of such conviction.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this twenty fourth day of February
AD, Eighteen hundred and eighty*
JOHN S. PHELPS.
By the Governor
MTCH'L K. MCGRATH, Secretary of State.
OFFERING A REWARD
FEBRUARY 25, 1880
From the Register of Civil Proceedings, 1879-1882, p. 1S8
STATE OF MISSOUBI, EXECUTIVE DEPABTMBNT, 8. S.
WHEREAS John Brown and Emma Brown stand charged
by affidavit with the murder of George Brown in the county
of Cooper, and have fled from justice and cannot be arrested
GOVERNOR JOHN SMITH PHELPS 239
by ordinary process of law, Now, Therefore, I, John S.
Phelps, Governor of the State of Missouri, by virtue of
authority in me vested, and for good and sufficient reasons
appearing, do hereby offer a reward of One hundred and
fifty dollars, each, for the arrest and delivery of said John
Brown and Emma Brown, to the sheriff of said county of
Cooper, at the county seat thereof, at any time within one
year from the date of these presents.
In Testimony Whereof, I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri. Done at the City of
Jefferson this 25th day of February AD. 1880.
JOHN S. PHELPS.
By the Governor
MICH'L K. MCGRATH, Secretary of State.
ON REMOVAL OF DISABILITIES
MARCH 6, 1880
From the Register of Civil Proceedings, 1879-1882, p. 1S9
The State of Missouri, To all who shall see these presents —
Greeting:
WHEREAS John Felker has been convicted in the
Maries circuit court of violations of the dram shop law and
thereby became disqualified to obtain a license to keep a
dram shop within this state — Now Therefore I, John S.
Phelps, Governor of the State of Missouri, by virtue of
authority in me vested, and for good and sufficient reasons
appearing do hereby remove the disabilities imposed on
the said John Felker.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this sixth day of March AD. Eighteer\
hundred and eighty.
JOHN S, PHELPS,
By the Governor
MICH'L K, McGRATH, Secretary of
240 MESSAGES AND PROCLAMATIONS OF
OFFERING A REWARD
MARCH 10, 1880
From the Register of Civil Proceedings, 1879-1882, pp. 140-141
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS William Hilderbrand stands charged by
indictment with the murder of Hugo Veth in the county of
Jefferson, and has fled from justice and cannot be arrested
by ordinary process of law —
Now THEREFORE — I, John S. Phelps, Governor of the
State of Missouri, by virtue of authority in me vested and
for good and sufficient reasons appearing do hereby offer a
reward of Two Hundred dollars for the arrest and delivery
of said William Hilderbrand to the sheriff of said county
of Jefferson, at the county seat thereof at any time within
one year from the date of these presents.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this 10th day of March A. D. 1880.
JOHN S. PHELPS.
By the Governor
MICH'L K. MCGRATH, Secretary of State.
OJV THE COMPLETION OF THE STATE LUNATIC
ASYLUM AT ST. JOSEPH
MARCH 29, 1880
From the Register of Civil Proceedings, 1879-1882, p. 145
EXECUTIVE OFFICE, JEFFERSON CITY, MISSOURI, March 29, 1880.
WHEREAS, information has been received by me from
the commissioners for rebuilding the Missouri State Lunatic
Asylum No. 2, at St. Joseph, that the building has been
completed and is now ready for the reception of patients.
GOVERNOR JOHN SMITH PHELPS 241
THEREFORE I hereby give notice that those who may
be entitled to its benefits will be received at said asylum
when application shall be made in accordance with law.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the Great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this 29th day of March AD. 1880.
JOHN S. PHELPS.
By the Governor
MICH'L K. McGRATH, Secretary of State.
OFFERING A REWARD
APBIL 3, 1880
From the Register of Civil Proceedings, 1879-1882, p. 148
STATE OF MISSOURI, EXECUTIVE DEPABTMENT.
WHEREAS Pinkney A. Baker stands charged by indict-
ment with the murder of James Middleton, in the county
of St. Francois, and has fled from justice and cannot be
arrested by ordinary process of law
Now THEREFORE, I, John S. Phelps, Governor of the
State of Missouri, by virtue of authority in me vested, and
for good and sufficient reasons appearing, do hereby offer a
reward of Two Hundred dollars for the arrest and delivery
of said Pinkney A. Baker to the sheriff of St. Francois,
county at the county seat thereof, at any time within one
year from the date of these presents.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this 3rd day of April AD. 1880.
JOHN S. PHELPS,
By the Governor
MICH'L K. MCGRATH, Secretary of State.
242 MESSAGES AND PROCLAMATIONS OF
ON DECLARING CERTAIN COMMISSIONS
VACATED
APRIL 7, 1880
From the Register of Civil Proceedings, 1879-188%, p. 149
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
By virtue of authority in me vested by law, I, John S.
Phelps, Governor of the Slate of Missouri, hereby declare
vacated, from and after the first day of May 1880, all com-
missions heretofore issued to persons residing in any of
the states or territories of the United States, or foreign
countries, as commissioners of deeds for the State of Mis-
souri, who have failed to duly qualify as such commissioners
as required by section 641, of the revised statutes of the
State of Missouri of 1879.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this seventh day of April A. D. 1880.
JOHN S. PHELPS.
By the Governor
MICH'L K. MCGRATH, Secretary of State.
ON REMOVAL OF DISABILITIES
APRIL 23, 1880
From the Register of Civil Proceedings, 1879-1882, p. 158
The State of Missouri, To all who shall see these presents
Greeting:
WHEREAS Thomas Griffin was at the March term 1870,
>f the circuit court of Morgan County, convicted of selling
iquor without license, and thereby became disqualified to
t ain a license to keep a dram shop within this state
GOVERNOR JOHN SMITH PHELPS 243
Now THEREFORE I, John S. Phelps, governor of the
state of Missouri, by virtue of authority in me vested and
for good and sufficient reasons appearing, do hereby re-
move the disabilities imposed on the said Thomas Griffin
by reason of such conviction
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri Done at the City of
Jefferson this 23rd day of April A. D. 1880.
JOHN S. PHELPS.
By the governor
MICH'L K. MCGRATH, Secretary of State.
ON REMOVAL OF DISABILITIES
MAY 8, 1880
From the Register of Civil Proceedings, 187&-1882, p. 156
The State of Missouri, To all who shall see these presents:
Greeting:
WHEREAS Patrick McNellis was at the March term 1880
of the circuit court of Nodaway county convicted of selling
beer to a minor, and thereby became disqualified to obtain
a license to keep a dram shop within this state.
Now THEREFORE, I, John S. Phelps, Governor of the
State of Missouri, by virtue of authority in me vested, and
for good and sufficient reasons appearing, do hereby remove
the disabilities imposed on the said Patrick McNellis by
reason of such conviction
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri Done at the City of Jef-
ferson this eighth day of May A. D. 1880.
JOHN S. PHELPS.
By the Governor
MICH'L K. MCGRATH, Secretary of State.
244 MESSAGES AND PROCLAMATIONS OF
ON REMOVAL OF DISABILITIES
MAY 10, 1880
From the Register of Civil Proceedings, 1879-1882, p. 167
The State of Missouri, To all who shall see these presents —
Greeting:
WHEREAS John L. Barr was at the March term 1876
of the circuit court of St. Glair county, convicted of bigamy
and sentenced by said court to imprisonment in the peni-
tentiary of this state for a term of two years, and thereby
became disqualified to be sworn as a witness or juror in
any cause, or to vote at any election or to hold any office
of honor, profit or trust within said state; and Whereas
upon the recommendation of the inspectors of the peni-
tentiary a pardon was issued to said John L. Barr on the
8th day of September 1877 at the expiration of three fourths
of said term of two years.
Now THEREFORE I, John S. Phelps, Governor of the
State of Missouri, by virtue of authority in me vested, and
for good and sufficient reasons appearing, do hereby remove
the disabilities imposed on the said John L. Barr by reason
of such conviction.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this 10th day of May AD. 1880.
JOHN S. PHELPS.
By the Governor
MICH'L K. MCGRATH, Secretary of State.
GOVERNOR JOHN SMITH PHELPS 245
OFFERING A REWARD
MAY 14, 1880
From the Register of Civil Proceedings, 1879-1882^ p. 160
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS John W. Patterson stands charged by in-
dictment with the murder of James G. Clark in the county
of Henry and has fled from justice and cannot be arrested
by ordinary process of law. Now Therefore I — John S.
Phelps, Governor of the State of Missouri by virtue of
authority in me vested and for good and sufficient reasons
appearing, do hereby offer a reward of One hundred dollars
for the arrest and delivery of said John W. Patterson to the
sheriff of Morgan county at Versailles the county seat
thereof at any time within twelve months from the date of
these presents.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this 14th day of May AD. 1880.
JOHN S. PHELPS.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
ON REMOVAL OF DISABILITIES
JUNE 18, 1880
From the Register of Civil Proceedings, 1879-1882, pp. 178-173
The State of Missouri, To all who shall see these presents:
Greeting:
WHEREAS John C. Bales was at the November term
1879 of the circuit court of Ray county convicted of selling
liquor on Sunday and thereby became disqualified to ob-
tain a license to keep a dram shop within this state.
246 MESSAGES ANt> PROCLAMATIONS OF
Now THEREFORE, I, John S. Phelps, Governor of the
State of Missouri, by virtue of authority in me vested, and
for good and sufficient reasons appearing, do hereby re-
move the disabilities imposed on the said John C. Bales by
reason of such conviction.
In Testimony Whereof, I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri. Done at the City of
Jefferson this 18th day of June A. D. 1880.
JOHN S. PHELPS.
By the Governor
MICH'L K. MCGRATH, Secretary of State.
ON REMOVAL OF DISABILITIES
JUNE 25, 1880
From the Register of Civil Proceedings, 1879-1880, p. 176
State of Missouri, To all who shall see these presents — Greeting:
WHEREAS John Eilers was at the term 1874 of the
circuit court of Nodaway county convicted of selling liquor
to a minor and thereby became disqualified to obtain a li-
cense to keep at dram shop within this state.
Now THEREFORE — I, John S. Phelps, Governor of the
State of Missouri, by virtue of authority in me vested, and
for good and sufficient reasons appearing, do hereby remove
the disabilities imposed on the said John Eilers by reason
of such conviction.
In Testimony Whereof 1 have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this twenty fifth day of June AD. 1880
JOHN S. PHELPS.
By the Governor
MICH'L K, MCGRATH, Secretary of State.
GOVERNOR JOHN SMITH PHELPS 247
ON REMOVAL OF DISABILITIES
JUNE 29, 1880
From the Register oj Civil Proceedings, 1879-1882, p. 177
The State of Missouri, To all who shall see these presents —
Greeting:
WHEREAS, William R. Jackson was at the May term
1880, of the circuit court of Ray county convicted of selling
liquor without license and thereby became disqualified to
keep a dram shop within this state —
Now THEREFORE I — John S. Phelps, Governor of the
State of Missouri, by virtue of authority in me vested, and
for good and sufficient reasons appearing do hereby remove
the disabilities imposed on the said William R. Jackson by
reason of such conviction.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this Twenty ninth day of June AD. 1880.
JOHN S. PHELPS.
By the Governor
MICH'L K. MCGRATH, Secretary of State.
OFFERING A REWARD
JULY 8, 1880
From the Register of Civil Proceedings, 1879-1882, p. 180
STATE OF MISSOURI, EXECUTIVE DEPARTMENT, July 8, 1880.
WHEREAS — J. B. Farrell stands charged by indictment
with the crime of forgery in the third degree, in the county
of Montgomery and has fled from justice and cannot be
arrested by ordinary process of law —
Now THEREFORE, I, John S. Phelps, Governor of the
State of Missouri, by virtue of authority in me vested, and
i48 MESSAGES AND PROCLAMATIONS OF*
;or good and sufficient reasons appearing, do hereby offer a
reward of One hundred dollars for the arrest and delivery
3f said J. B. Farrell to the sheriff of said county of Mont-
gomery, at the county seat thereof at any time within one
year from the date of these presents.
The county of Montgomery has also offered a reward
of Fifty dollars for the arrest of said fugitive payable upon
the usual conditions.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this 8th day of July A. D. 1880.
JOHN S. PHELPS.
By the Governor
MICH'L K. McGnATH, Secretary of State.
OFFERING A REWARD
JULY 13, 1880
From the Register of Civil Proceedings, 1879-1882, p. 182
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS it has been made known to me that Benjamin
F. Drinkard, generally called Frank Drinkard, was at the
May term 1880 of the circuit court of Macon county, con-
victed of the crime of murder and sentenced to ninety nine
years imprisonment in the penitentiary, and on the night of
the 25th day of June broke jail, and is now at large and
cannot be arrested by ordinary process of law.
Now THEREFORE I — John S. Phelps, Governor of the
State of Missouri, by virtue of authority in me vested and
for good and sufficient reasons appearing, do hereby offer a
reward of One hundred and fifty dollars for the arrest and
delivery of said Benjamin F. Drinkard to the sheriff of
Macon county, at Macon City within twelve months from
this date Provided the said Drinkard shall be apprehended
GOVERNOR JOHN SMITH PHELPS 249
without the limits of this state; if apprehended within this
state One hundred dollars will be paid for his arrest and
delivery as aforesaid.
A. J. Davis, sheriff of Macon county has also offered a
reward of One hundred and fifty dollars for the arrest of
said Benjamin F. Drinkard
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this 13th day of July AD. 1880.
JOHN S. PHELPS.
By the Governor
MTCH'L K. McGRATH, Secretary of State.
ON REMOVAL OF DISABILITIES
JULY 30, 1880
From the Register of Civil Proceedings, 187Q-188&* p. 186
The State of Missouri, To all who shall see these presents —
Greeting:
John Reiter was at the May term 1874 of the circuit
court of Atchison county convicted of selling liquor to a
minor, and thereby became disqualified to obtain a license
to keep a dram shop within this state. Now Therefore 1,
John S. Phelps, Governor of the state of Missouri by virtue
of authority in me vested and for good and sufficient reasons
appearing do hereby remove the disabilities imposed on the
said John Reiter by reason of such conviction.
In Testimony Whereof I have hereunto set my hand
and caused to be affixed the great seal of the
(Seal) State of Missouri. Done at the City of Jeffer-
son this 30th day of July AD. 1880.
JOHN S. PHELPS.
By the Governor
MTCH'L K. MCGRATH, Secretary of State.
250 MESSAGES AND PROCLAMATIONS OF
OFFERING A REWARD
AUGUST 4, 1880
From the Register of Civil Proceedings, 1879-1882, p. 190
STATE OF MISSOUBI, EXECUTIVE DEPARTMENT.
WHEREAS M. J. Daugherty and T. B. Daugherty stand
charged with the crime of murder in the county of Christian,
and have fled from justice and cannot be arrested by ordi-
nary process of law
Now THEREFORE, I — John S. Phelps — governor of the
State of Missouri, by virtue of authority in me vested, and
for good and sufficient reasons appearing do hereby offer a
reward of Seventy five dollars each for the arrest and de-
livery of said M. J. Daugherty and T. B. Daugherty to the
sheriff of Christian county, at Ozark, at any time within
twelve months from the date of these presents. The
sheriff of Christian county has also offered a reward of
fifty dollars for the delivery of M. J. Daugherty and the
county of Christian has offered a reward of fifty dollars for
the delivery of T. B. Daugherty to the sheriff of Christian
county.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this fourth day of August AD 1880.
JOHN S. PHELPS.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
GOVERNOR JOHN SMITH PHELPS 251
ON REMOVAL OF DISABILITIES
AUGUST 9, 1880
From the Register of Civil Proceedings, 187 9-1 882, p. 19S
The State of Missouri, To all who shall see these presents —
Greeting:
WHEREAS John Newman was, at the April term 1878,
of the circuit court of Clark county, convicted of grand
larceny and sentenced by said court to imprisonment in
the penitentiary of this state for a term of two years and
thereby became disqualified to be sworn as a witness or
juror in any cause or to vote at any election, or to hold any
office of honor, profit or trust within said state.
Now THEREFORE — I, John S. Phelps Governor of the
State of Missouri, by virtue of authority in me vested, and
for good and sufficient reasons appearing do hereby remove
the disabilities imposed on said John Newman by reason of
such conviction.
In Testimony Whereof, I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this ninth day of August AD. 1880.
JOHN S. PHELPS.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
ON REMOVAL OF DISABILITIES
AUGUST 19, 1880
From the Register of Civil Proceedings, 1879-1882, p. 197
The State of Missouri, To all who shall see these presents —
Greeting:
WHEREAS Francis M. Starkey was at the March term
1879 of the circuit court of Nodaway county, convicted of
petit larceny, and sentenced by said court to imprisonment
252 MESSAGES AND PROCLAMATIONS OF
in the county jail of said county, and thereby became dis-
qualified to be sworn as a witness or juror in any cause,
or to vote at any election or to hold any office of honor,
profit or trust within said state
Now THEREFORE — 1, John S. Phelps, Governor of the
State of Missouri, by virtue of authority in me vested and
for good and sufficient reasons appearing, do hereby remove
the disabilities imposed on the said Francis M, Starkey by
reason of such conviction.
In Testimony Whereof, I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri — Done at the City of
Jefferson this 19th day of August A. D. 1880.
JOHN S. PHELPS.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
OFFERING A REWARD
AUGUST 23, 1880
From the Register of Civil Proceedings, 1879-1882, p. 199
STATE OP MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS, William Petrie stands charged by affidavit
with the murder of David Ingraham in the county of Stod-
dard, and has fled from justice and cannot be arrested by
ordinary process of law
Now THEREFORE — I — Jphn S. Phelps, Governor of
the State of Missouri, by virtue of authority in me vested,
and for good and sufficient reasons appearing do hereby
offer a reward of Two hundred dollars for the arrest and
delivery of said William Petrie to the sheriff of said county
of Stoddard, at the county seat thereof at any time within
one year from the date of these presents.
GOVERNOR JOHN SMITH PHELPS 253
In Testimony Whereof I have hereunto set my
hand, and caused to be affixed the great seal of
(Seal) the State of Missouri Done at the City of
Jefferson this 23rd day of August A. D. 1880.
JOHN S. PHELPS.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
OFFERING A REWARD
SEPTEMBER 13, 1880
From the Register of Civil Proceedings, 1879-1888, p. SOS
STATE OF MISSOTTBI, EXECUTIVE DEPARTMENT.
WHEREAS, Jere Walker, Lum Walker, William Phillips,
George Flippo, William McElmurray Flippo alias Bill
Smith, stand charged by indictment with the murder of
Buck Hampton in the county of Stone, and have fled from
justice and cannot be arrested by ordinary process of law.
Now THEREFORE — I, John S. Phelps, Governor of the
State of Missouri, by virtue of authority in me vested, and
for good and sufficient reasons appearing, do hereby offer
a reward of One Hundred and fifty dollars, each, for the
arrest and delivery of said Jere Walker, Lum Walker, Wil-
liam Phillips, George Flippo, William McElmurray and
Flippo, alias Bill Smith, to the sheriff of said county of
Stone at the county seat thereof at any time within one
year from the date of these presents.
In Testimony Whereof, I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this 13th day of September AD. 1880.
JOHN S, PHELPS.
By the Governor
MICH'L K. MCGRATH, Secretary of State.
254 MESSAGES AND PROCLAMATIONS OF
OFFERING A REWARD
SEPTEMBER 14, 1880
From the Register of Civil Proceedings, 1879-1882, pp. 206-2Q7
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS, Campbell Engle, stands charged by indict-
ment with the murder of Edward G. Godsey, in the county
of Nodaway, and has fled from justice and cannot be ar-
rested by ordinary process of law
Now THEREFORE— I, John S. Phelps, governor of the
state of Missouri, by virtue of authority in me vested, and
for good and sufficient reasons appearing, do hereby offer a
reward of Two hundred dollars for the arrest and delivery
of said Campbell Engle to the sheriff of said county of
Nodaway, at the county seat thereof at any time within one
year from the date of these presents.
In Testimony Whereof, I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri Done at the City of
Jefferson this 14th day of September A/D. 1880.
JOHN S. PHELPS.
By the Governor
MICH'L K. MCGRATH, Secretary of State.
SUSPENDING GEORGE E. MAYHALL FROM
OFFICE
OCTOBEK 9, 1880
From the Register of Civil Proceedings, 1879-1888, p, 816
STATE OF MISSOURI, EXECUTIVE DEPARTMENT, JBFFEKSON CITY,
October 9, 1880.
WHEREAS — I have been furnished with a duly certified
copy of an indictment preferred on the 29th of September
AD. 1880, against George E. Mayhall by the grand jury of
GOVERNOR JOHN SMITH PHELPS 255
the Hannibal court of common pleas in Marion County in
this state, charging him with a wilfull and deliberate viola-
tion of the duties of his office of coal oil inspector fof the
town of New London, Rails county.
Now THEREFORE, by virtue of the authority vested
in me by law, and for the cause aforesaid, I — John S. Phelps,
governor of the * state of Missouri do hereby suspend the
said George E. Mayhall from the duties of his said office
during the pleasure of the governor.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri. Done at the City of
Jefferson this ninth day of October AD. Eighteen
hundred and eighty.
JOHN S. PHELPS.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
07V THE ENFORCEMENT OF ELECTION LA WS
OCTOBER 21, 1880
From the Register of Civil Proceedings, 1879-1882, p. 2$1
STATE OP MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS I have reliable information that persons who
do not possess the requisite qualifications of voters have
been registered as qualified voters in the City of St. Louis,
and that such persons will endeavor to vote at the ensuing
election —
Now THEREFORE, to secure a free, full and impartial
vote to all those who are entitled to vote, and to exclude
fraudulent and illegal voters, I do hereby direct the sheriff,
his deputies, the metropolitan police force of said city and
all other executive officers of the state, in said city, to see
the laws concerning registration and election be strictly
enforced and faithfully executed: And that said officers
256 MESSAGES AND PROCLAMATIONS OF
shall specially aid the board of revision in correcting and
making perfect the registration lists of said city: and that
said officers, as well as the officers charged with the duty of
conducting the ensuing election, shall use their utmost
endeavors to secure a fair and legal election and aid in the
discovery, detection and arrest of those persons who have
illegally registered themselves as voters, or who may illegally
vote in said election — Let the purity of the ballot be pre-
served by the punishment of the guilty.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri. Done at the City of
Jefferson this 21st day of October A. D. 1880.
JOHN S. PHELPS.
By the Governor:
MICH'L K. McGRATH, Secretary of State.
ON REMOVAL OF DISABILITIES
OCTOBER 21, 1880
From the Register of Civil Proceedings, 1879-1882, p.
The State of Missouri, To all who shall see these presents —
Greeting:
WHEREAS William H. Smith was at the November
term 1874, of the circuit court of Nodaway county convicted
of selling liquor without license and thereby became dis-
qualified to obtain a license to keep a dram shop within this
state.
Now THEREFORE I, John S. Phelps, Governor of the
State of Missouri, by virtue of authority in me vested and
for good and sufficient reasons appearing do hereby remove
the disabilities imposed on the said William H. Smith by
reason of such conviction.
GOVERNOR JOHN SMITH PHELPS 257
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal
(Seal) of the State of Missouri — Done at the City of
Jefferson this 21st day of October AD. 1880.
JOHN S, PHELPS.
By the Governor
MICH'L K. MCGRATH, Secretary of State.
ON THE ENFORCEMENT OF ELECTION LAWS
OCTOBER 28, 1880
From the Register of Civil Proceedings, 1879-1882, pp. 224-225
STATE OP MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS it is apprehended attempts will be made to
perpetrate frauds at the ensuing election in this state.
Now THEREFORE, to secure a free full and impartial
vote to all those who are entitled to vote and to exclude
fraudulent and illegal voters and to preserve the purity of
the election, I do hereby direct the sheriff of every county
in this state and their deputies, the marshals of all towns,
cities and counties, and their deputies, the police force of
every town and city within their respective jurisdictions,
and all other executive officers of the state to see that the
laws regulating and pertaining to elections be strictly
enforced and faithfully executed.
And that all of said officers, as well as the officers
charged with the duty of conducting elections, shall use
their utmost endeavors to secure a fair and legal election,
and aid in the discovery, detection and arrest of those
persons who may illegally vote in said election, or commit
any other violation of the law relating to elections. It
must be specially borne in mind "Each voter shall vote only
in the township in which he resides, or if ia a town or city,
then in the election district therein in which he resides*'
258 MESSAGES AND PROCLAMATIONS OF
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal
(Seal) of the state of Missouri. Done at the City of
Jefferson this 28th day of October AD 1880.
JOHN S. PHELPS.
By the Governor
MICH'L K. McGRATH, Secretary of State.
ON THANKSGIVING
NOVEMBER 2, 1880
From the Register of Civil Proceedings, 1879-1882, p.
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
The labors of the husbandmen have been bounteously
rewarded; the crops have been saved and securely garnered;
we have been spared the afflictions of a pestilence; good
health has prevailed; the manufacturers have increased
their labors; the railroads of our state are burdened in
transporting our products to market; business of all kinds
has revived and is prosperous; quiet and good order have
prevailed; the laws have been faithfully executed and en-
forced. For all these blessings, and many others we have
enjoyed, let us give thanks to Almighty God.
THEREFORE, I, John S. Phelps, governor of the state
of Missouri, do hereby appoint and designate Thursday the
25th. inst, as a day of Thanksgiving, and do recommend
the people of the state shall, on that day, assemble in their
respective places of public worship and give thanks to the
Lord for the many blessings with which we have been
favored, and pray for their continuance
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal
(Seal) of the State of Missouri. Done at the City of
Jefferson this 2nd day of November A. D. 1880.
JOHN S. PHELPS.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
GOVERNOR JOHN SMITH PHELPS 259
OFFERING A REWARD
NOVEMBER 10, 1880
From the Register of Civil Proceedings, 1879-1882, p, 242
STATE OP MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS Joseph Collier stands charged by affidavit
with the murder of Joseph House in the county of Madison,
and has fled from justice and cannot be arrested by ordinary
process of law,
Now THEREFORE I, John S. Phelps, governor of the
state of Missouri, by virtue of authority in me vested and
for good and sufficient reasons appearing do hereby offer
a reward of One Hundred and Fifty dollars for the arrest
and delivery of said Joseph Collier to the sheriff of Madison
county at the county seat thereof at any time within one
year from the date of these presents.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri Done at the City of
Jefferson this 10th day of November AD. 1880.
JOHN S. PHELPS.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
OFFERING A REWARD
NOVEMBER 27, 1880
From the Register of Civil Proceedings, 1879-188®, p. 274
STATE OP MISSOUBI, EXECUTIVE DEPARTMENT.
WHEREAS William A. Salisbury stands charged by
indictment with the murder of Lowsen Pope in the county
of Butler, and has fled from justice and cannot be arrested
by ordinary process of law.
260 MESSAGES AND PROCLAMATIONS OF
Now THEREFORE I, John S. Phelps, Governor of the
State of Missouri, by virtue of authority in me vested and
for good and sufficient reasons appearing do hereby offer
a reward of Two hundred dollars for the arrest and delivery
of said William A. Salisbury to the sheriff of said county of
Butler, at the county seat thereof, at any time within one
year from the date of these presents.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of the
(Seal) state of Missouri. Done at the City of Jefferson
this 27th day of November A. D. 1880
JOHN S. PHELPS.
By the Governor:
MICH'L K. MCGRATH, Secretary of- State.
OFFERING A REWARD
DECEMBEK 15, 1880
From the Register of Civil Proceedings, 1879*1882, p.
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS William F. Martin, convicted of murder in
the first degree in the county of Laclede, has broke jail and
fled from justice and cannot be arrested by ordinary process
of law.
Now THEREFORE I — John S* Phelps, governor of the
state of Missouri, by virtue of authority in me vested, and
for good and sufficient reasons appearing, do hereby offer
a reward of Two-hundred dollars for the arrest and delivery
of said William F. Martin to the sheriff of Laclede county,
at the county seat thereof, at any time within one year
from the date of these presents.
In Testimony Whereof, I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri. Done at the City of
Jefferson this 15th day of December, A. D. 1880.
JOHN S. PHELPS.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
GOVERNOR JOHN SMITH PKELPS 261
OFFERING A REWARD
DECEMBER 16, 1880
From the Register of Civil Proceedings, 1879-188%* pp. 884-885
STATE OF MISSOUEI, EXECUTIVE DEPARTMENT.
WHEREAS W. Tim Barham, William Nash and Jesse
Winn stand charged by affidavit in the county of Dunklin
with the murder of John C. Crawford in said county on the
17th day of November 1880, and have fled from justice
and cannot be arrested by ordinary process of law.
Now THEREFORE I, John S. Phelps, Governor of the
State of Missouri, by virtue of authority in me vested, and
for good and sufficient reason appearing do hereby offer a
reward of One hundred and fifty dollars each for the arrest
and delivery of said W. Tim Barham, William Nash and
Jesse Winn to the sheriff of said county of Dunklin, at the
county seat thereof, at any time within one year from the
date of these presents.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal
(Seal) of the State of Missouri. Done at the City of
Jefferson this 16th day of December A. D. 1880
JOHN S. PHELPS.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
ON REMOVAL OF DISABILITIES
JANUARY 6, 1881
From the Register of Civil Proceedings, 1879-1882, pp. 290-291
The State of Missouri, To all who shall see these presents —
Greeting:
WHEREAS J. C. Bales was heretofore convicted in the
circuit court of Ray county of violation of the dram shop
law and thereby became disqualified to obtain a license .to
keep a dram shop within this state. Now THEREFORE I,
John S. Phelps, governor of the state of Missouri, by virtue
262 MESSAGES AND PROCLAMATIONS OF
of authority in me vested, and for good and sufficient reasons
appearing, do hereby remove the disabilities imposed on the
said J. C. Bales by reason of such conviction; and declare
the said Bales, so far as said convictions are concerned, is as
fully entitled as ever he was, to be licensed to keep a dram
shop.
In Testimony Whereof I have hereunto set my hand
and caused to be affixed the great seal of the
(Seal) State of Missouri. Done at the City of Jefferson
this sixth day of January AD. eighteen hundred
and eighty one.
JOHN S. PHELPS.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
ON REMOVAL OF DISABILITIES
JANUARY 6, 1881
From the Register of Civil Proceedings, 1879-1882, p.
State of Missouri, To all who shall see these presents — Greeting:
WHEREAS William R. Jackson was heretofore convicted
in the circuit court of Ray county of violation of the dram
shop law and thereby became disqualified to obtain a license
to keep a dram shop within this state.
Now THEREFORE I John S. Phelps, governor of the
state of Missouri, by virtue of authority in me vested, and
for good and sufficient reasons appearing do hereby remove
the disabilities imposed on the said William R. Jackson by
reason of said conviction; and declare the said Jackson as
far as said convictions are concerned is as fully entitled as
ever he was to be licensed to keep a dram shop.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri. Done at the City of
Jefferson this sixth day of January A. D. eigh-
teen hundred and eighty-one,
JOHN S. PHELPS.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
GOVERNOR JOHN SMITH PHELPS 263
MEMORANDA OF PROCLAMATIONS, WRITS OF
ELECTION AND VETO NOTICE
MAY 24, 1877
From the Register of Civil Proceedings. 1874-1878, pp. 397-398
The Governor returned to the office of the secretary
of state, bills of the following titles (presented to him within
the ten days next preceding the adjournment of the general
assembly) without his approval:
An act directing the state board of equalization to
assess, adjust and equalize the railroad property in the state
of Missouri for the years 1876 and 1877.
An act to revise and amend the laws in relation to the
organization and support of public schools and to repeal
certain acts relating thereto.
SEPTEMBER 17, 1877
From the Register of Civil Proceedings, 1874-1878, p. 44$
The Governor issued writs to the sheriffs of Cass and
Johnson county ordering an election to be held in said
counties on the 29th of September, inst. for a judge of the
seventh judicial circuit to fill the vacancy caused by the
resignation of Judge Wm. S. Shirk.
SEPTEMBER 27, 1877
From the Register of Civil Proceedings, 1874-1878, p.
The Governor issued a writ to the sheriff of Osage
county ordering an election to be held in said county on the
16th of October 1877, for a county judge to fill the vacancy
caused by the death of judge James G. McKnight.
264 MESSAGES AND PROCLAMATIONS OF
SEPTEMBER 16, 1878
From the Register of Civil Proceedings, 1874-1878, p. 576
The Governor issued writs to the sheriffs of the counties
of Bellinger, Madison, Perry, St. Francois, and Ste. Genevieve
ordering an election to be held in said counties on the 5th
day of November 1878 for a judge of the 20th judicial circuit
to fill the unexpired term of the Hon. Jno. B. Robinson
deceased.
SEPTEMBJSB 30, 1878
From the Register of Civil Proceedings, 1874-1S78, p. 581
The Governor issued a writ to the sheriff of Audrain
county ordering an election to be held in the counties com-
posing the Ninth senatorial district on the 5th day of No-
vember 1878, for the election of a state senator from said
district to fill the vacancy caused by the resignation of
Hon. John A. Flood.
OCTOBEE 22, 1878
From, the Register of Civil Proceedings, 1874-1878, p. 587
The Governor issued a writ to the sheriff of the city
of St. Louis authorizing an election to be held in said city
on the 5th of November 1878 to elect a public administrator
to serve for a term of two years.
JANUARY 23, 1879 •
From the Register of Civil Proceedings, 1879-188%, p. 9
The Governor issued a writ to the sheriff of the county
of Dunklin ordering an etection to be held in said county
on the 8th day of February 1878 for a representative from
said county to the 30th General Assembly to fill the vacancy
caused by the death of the Hon. Jesse Long.
GOVERNOR JOHN SMITH PHELPS 265
MARCH 24, 1879
From the Register of Civil Proceedings, 1879-1882, p. S3
The Governor issued writs of election to the sheriffs
of the Counties of Camden, Cooper, Morgan, Cole, Miller
and Moniteau, ordering an election to be held in said counties
on the sixth day of May 1879 for the purpose of electing a
judge of the first-judicial circuit to fill the vacancy in said
circuit caused by the death of Judge George W. Miller.
DECEMBER 10, 1879
From, the Register of Civil Proceedings, 1879-1882, p. 114
The Governor issued writs of election to the sheriff
of the counties of Cole, Miller, Camden, Hickory, Polk,
Dallas, Lafayette, Johnson, Pettis, Moniteau, Morgan,
Benton and Cooper, composing the Seventh Congressional
district, ordering an election to be held in said counties
on the tenth day of January 1880 for the election of a repre-
sentative in congress from said district to fill the vacancy
in said district caused by the death of the Honorable A. M.
Lay.
ATTGUST 6, 1880
From the Register of Civil Proceedings, 1879-1882, p. 192
The Governor issued writs to the sheriffs of the counties
of Iron, Madison, Bollinger, Wayne, Butler, Reynolds,
Carter, Ripley, Oregon and Shannon — composing the
Twenty fourth senatorial district, ordering an election to
be held in said district on the second day of November 1880
for the purpose of electing a state senator from said district
to fill the vacancy therein caused by the death of John B.
Duchouquette.
GOVERNOR THOMAS THEODORE CRITTENDEN
THOMAS T. CRITTENDEN
Governor 1881-1885
THOMAS THEODORE CRITTENDEN
BY
SARAH GUITAR
Thomas Theodore Crittenden, twenty-fourth governor
of Missouri, was born near Shelbyville in Shelby county,
Kentucky, January 1, 1832. He was a member of the old
and distinguished Crittenden family of Kentucky, his
father, Henry Crittenden, being a younger brother of
John J. Crittenden, governor of and U. S. Senator from
Kentucky. His mother was a daughter of Colonel John
Allen, an eminent Kentucky lawyer.
Young Crittenden received his primary education in
the log cabin school at Cloverport, and, in 1852 entered
Centre College, at Danville, Kentucky. He was graduated
from this institution in 1855, and at once took up the study
of law at Frankfort, in the office of his uncle, John J. Crit-
tenden, one of the most eminent members of the Kentucky
bar. Crittenden was admitted to the bar by Chief Justice
Simpson of the Supreme Court of the state, at Winchester
in 1856.
He was married on November 13, 1856, to Miss Caro-
line W. Jackson of Frankfort, Kentucky. To this union
were born four children, three sons, and one daughter:
Henry Houston, Thpjnas T. Jr., William, and Caroline A.
Crittenden. The daughter, Carqline, died in Jefferson
City at the executive mansion during her father's term as
governor.
In the summer of 1857 Mr. Crittenden came to Mis-
souri, locating at Lexington in Lafayette county, where he
was admitted to the bar and began the practice of law.
It was at this time that he formed a partnership with Judge
John A. S, Tutt. Upon the death, of Attorney-General
Aikinan Welch in 1864, he was appointed by Governor
Hall to fill out the smexpired term of this officer.
(269)
270 MESSAGES AND PROCLAMATIONS OF
At the outbreak of the Civil War he entered the Federal
service and, with Judge John F. Philips, became active in
organizing a regiment of Union troops. The command was
mustered into service in 1862 as the Seventh Cavalry of the
Missouri State Militia, with John F. Philips as colonel and
Thomas T. Crittenden, lieutenant-colonel. Crittenden
served continuously throughout the remaining three years
of the war and before the regiment was mustered out of
service on April 7, 1865, had risen to the rank of colonel.
At the close of the war he resumed the practice of law
at Warrensburg, where, in 1867, he formed a partnership
with General F. M. Cockrell and became the head of the
law firm of Crittenden and Cockrell. This partnership
was dissolved in 1875, when General Cockrell was sent to
the United States Senate.
Colonel Crittenden was elected to the United States
Congress from the Seventh Congressional District in 1872.
He served one term and in 1874 was defeated for renomina-
tion, in the famous contest between Colonel Philips, A. M.
Lay and himself, in which over 600 ballots were taken.
Colonel Philips was finally nominated on the 690th ballot.
In 1876 Crittenden again represented his district in Congress,
serving until 1878, when he refused to become a candidate
for re-election.
In 1880 he secured the Democratic nomination for
governor, over John S. Marmaduke and John A. Hockaday,
the other two Democratic candidates. He was elected
governor, defeating the Republican candidate, David P.
Dyer, by a plurality of 54034.
One of the most notable acts of Governor Crittenden' s
administration was the institution of the suit of the State
of Missouri against the Hannibal and St. Joseph Railroad
for the payment of the $3,000,000 bonds loaned to that
road in 1851 and 1855. The suit was settled in favor of
the State and the road paid the claim in full, with the
accrued interest. It was also during Crittenden's term as
governor, and due to his energetic efforts, that the outlaw
band, headed by the James brothers, which had terrorized
GOVERNOR THOMAS THEODORE CRITTENDEN. 271
the state for more than thirteen years, was finally broken
up.
At the close of his administration as governor, Critten-
den took up his residence in Kansas City, where, in 1885,
he became a member of the law firm of Crittenden, Me-
Dougal and Stiles.
In 1893, during the second administration of President
Cleveland, he was appointed United States Counsul-
General to Mexico. With the close of his diplomatic
career in 1897 he returned to Kansas City. He died there
on May 29, 1909.
272 MESSAGES AND PROCLAMATIONS OF
INAUGURAL ADDRESS
JANUARY 10, 1881
From the Journal of the House of Representatives, pp. 53-67
Gentlemen of the Senate and House of Representatives:
Called by a majority of the people of Missouri, and
to that majority a cordial acquiescence being given by an
intelligent minority, to assume the duties of Chief Magistrate
of the State, I am ready to devote my time and attention
to the requirements of the office, and now promise you an
earnest co-operation in all that may tend to promote the
well-being and well-doing of this great commonwealth.
My predecessor having filled the office with such distin-
guished ability, and performed its duties with such singular
success, leaves it a difficult place to occupy. I may not
bring to the performance of those duties as much ability
as he displayed during the four years he made honorable
the office, yet I will strenuously endeavor to make his
administration, in many things, a model worthy of the
closest imitation. In contemplating the peace, plenty and
security bestowed upon us by the Creator of all things, we
should at once bow our heads and hearts in recognition of
His kindness and mercy, and exhibit, at all times, our
gratitude and praise of Him for the happiness of our people.
No people are more greatly blessed than ours, not only in
this State, but throughout our whole land. While England,
Ireland, France, Russia, Spain and Germany are, to a
greater or less extent, agitated and unsettled by unhappy
and discontented populations, peace and contentment
prevail throughout our land. Our prosperity is a marvel
to the older nations of the earth. Ours is the only country
upon the face of the globe that is self-sustaining. If the
oceans and gulf, guarding like sleepless sentinels our borders,
were, by some magical power, changed at a moment into
broad expanses of fire, thereby limiting our people to the
GOVERNOR THOMAS THEODORE CRITTENDEN. 273
productive capacities of our soil and the inherent energy
of their natures for their support and prosperity, no panic
would be created on this continent by the separation, and
no deprivations causing want and sorrow would follow.
We are infinitely more independent of other nations than
they are of us; therefore we, as a people and government,
should form no "entangling alliances" with them, only to
cultivate friendly associations and establish peaceable and
bloodless solutions of all vexed questions when the occasions
occur. "Blessed is the peacemaker," is as applicable to
the nation as to the individual. No chance guided our
people to such a land as this. Ours are a people of marked
characteristics, and ours is a country peculiarly fitted for
the abiding place of such a people, possessing a soil of un-
surpassed fertility, a vigorous and varied climate, and all
the necessary and natural means of greatness and independ-
ence. With the past full of happiness and greatness, we
have but to wisely use our advantages with thankfulness
and wisdom; then the future will, be still more abundant
of those gifts and blessings which insure a glorious destiay
to our favored land. Missouri forms no unimportant part
of this country, occupying almost the geographical center
of the Union, with its vast resources and capabilities,
penetrated and enriched by two of the greatest rivers in
the world, with her railroads reaching in every direction,
and new ones being daily constructed, constitute it, as it
were, the very key of the arch of the union of these States,
which must and will bind them together forever and ever.
Here the civilization of the North and the South meet on
common soil and become one, as the climate of both sections
here meet and mingle into one of strength and beauty.
Such a State can never become sectional from the very
nature of its position and climate; here the cereal of the
North and the cotton of the South grow and flourish side
by side, and here the oak x>f the West and the pine of the
•South spring im grandeur from the same soil. There is no
part of this wonderful State that is Bot susceptible of bemg
made into lovely homes and peaceful abodes. Nature
274 MESSAGES AND PROCLAMATIONS OF
smiles kindly upon every part of the State, and there is no
production known to the hand of husbandry and industry
that cannot be grown from her soil and produced from her
mineral wealth. In the last decade Missouri has made
rapid progress in increase of population, ranking as the fifth
State in the Union, and growing more rapidly than any
State east of the Mississippi, except Michigan, and surpassed
West only by Texas and Kansas, and will, in the next
decade, attain three millions of population if the same ratio
of increase continues. The name of Missouri is heard all
over the Union in language of commendation, and with the
assertion that it is yet destined to become one of the fore-
most of the sisterhood of States. Let us do nothing by
unwise legislation to check her prospective greatness, and
then it will be said of us, in after-times, we have not abused
the confidence of the people. With no less love for this,
the State of my adoption, than for the revered one which
gave me birth, I am now ready to tender her my services
and the watchful care of the great office to which her people
have so generously elevated me.
Its indebtedness is insignificant compared to its capaci-
ties and possibilities. The eminent divine, Henry Ward
Beecher, said in a recent article: "The breadth of land from
the Red river country of the North, stretching to the Gulf
of Mexico, including Minnesota, Wisconsin, Illinois, Iowa,
Missouri, Kansas and Texas, is one of the most wonderful
agricultural spectacles of the globe. It is one of the few
:acts that are unthinkable. In this ocean of land, and nearly
ts center, stands the Inrperial State of Missouri." Even
i Kansas man admits that in natural qualifications it leads
ill the rest, and is the crown and glory of all the Union,
[t has boundless treasures of iron, coal, lead, and other
ninerals; lands richer there cannot be, nor finer, purer
•treams; its forests are more equally distributed over the
State than in any other; its climate, wholesome and delight-
ul, blends the temperature of the northern lakes and the
[reat southern gulf, and, as one of our distinguished citizens
ias said: "Here one can create for himself a home in the
GOVERNOR THOMAS THEODORE CRITTENDEN. 275
fullest meaning of the word, a home where he can sit under
his own vine and tree, and eat bread made from his own
grain, quaff wine from his own vineyard, smoke a pipe filled
from his own planting, while he and his family may be clad
in cottons, linens, woolens and silks grown upon his own
freehold*" The value of these facts is apparent when we
consider how rarely all these blessings are combined in any
State in this Union, or in any territory of the same area
upon the face of the globe.
We should, in a State like this, legislators, make the
laws broad, wise, and effective, in meeting not only the
demands of the present, but also commensurate to the
probabilities of the future. Capital and population are
less localized in the world to-day than ever before, as so
many new fields are presenting themselves for occupation,
and those will reap the richest harvests of both, all other
things being equal, that afford the greatest protection in
law and investment. New forces are being inaugurated
in our midst daily, and it is the part of wisdom to so guard,
protect and restrain them by liberal legislation, as not to
repress their full development upon the one hand, nor deter
the introduction of others upon the other. Prejudice is
more often based on ignorance than on enlightenment, and
at an era like this, when so much may be gained by liberality
of thought, the greatest degree should be exercised. The
future prosperity of the State, as well as the fullest develop-
ment of its resources, will, and do, depend upon the enact-
ment of liberal laws and their fearless enforcement against
all violators, that the depredators may know that the pro-
tection of life and property are the essential desideratums
of all well regulated societies. We should let all know that
Missouri cannot be the home and abiding place of law-
lessness of any character. No political affiliations shall
ever be evoked as the means of concealment of any class of
law-breakers, but when crime is committed, pursuit and
punishment will be inflicted under the forms of the law
without fear, favor or affection. And it should be also
known that no court of this State, or its processes, can be
276 MESSAGES AND PROCLAMATIONS OF
used by any through malice or favor, to punish or vex any
person not guilty of a crime, nor to shield any, whatever
may have been his past association or standing in society.
Courts are established for two purposes: to punish the guilty
and protect the innocent, both in criminal and civil law,
and when diverted from these two purposes by evil men,
then a crime is committed against society. When courts
do their duty, mob violence is seldom known, as that
violence is, in fact, but a protest and revolt against the
corruption and inefficiency of the regular officers of the
law. Being a witness to the good flowing from the wise
administration of the affairs of the State for the last four
years, I now declare that it is my determination to pursue,
as before said, as far as possible, the same line of policy,
and then leave it to the future to vindicate my right of
judgment by the consequences of my performance. As far
as it is within my power, I shall protect every dollar of
investment made in this State by corporations or individuals
— desiring to make life and property as safe here as in any
State in the Union. Millions of money are being expended
in this State at present, in the shape of organized capital,
by our own citizens, and those of other States, in the pur-
chase of old and the construction of new lines of railroads;
in the resuscitation of old and the opening of new mines of
coal, iron, ztec and lead; in the rehabilitation of old farms,
and the opening of new ones; in the rebuilding of old mills,
long gone to decay, and in the construction of new ones;
and in the projection of other enterprises of great pith and
moment to the State. Around all such investments we
should place the panoply of just laws, extending to them
no more and no less legislation than is given to society in
general, giving the investors to understand that a recognition
of, and an obedience to, the laws of the State will be required,
even to the minutest demand, and in return, such invest-
ments will be protected to the strictest letter and spirit of
the law. We should make no discriminations in our laws
against those making such investments, nor will capital be
permitted to discriminate against our people in the manage-
GOVERNOR THOMAS THEODORE CRITTENDEN. 277
ment of their investments. A mutual regard for the rights
of each will be productive of the greatest good to all. There
are vested rights in society as well as in corporations, and
there is a remedy for the violation of the one as of the other.
It is gratifying to learn that the limited means furnished by
the Legislature and citizens of the State to promote im-
migration has done so much good. I urge upon this body
the wisdom of supplying greater means and greater facilities
for accomplishing this end. No money can be more wisely
used, and if wisely used, more fruitful of excellent results.
Missouri should have one or more intelligent representatives
in Europe, inviting immigration to this State. We should
not be behind other States in this important enterprise.
Nor would it be unwise to have one located in the City of
New York to meet, consult with and advise the immigrants
daily landing at that port. Compared to the capacity of
the State, it is quite sparsely populated. If populated as
densely as Massachusetts it would have 11,000,000 of people.
There are two essential causes that will make it one of the
foremost States of the Union. First, having all the neces-
sary ingredients to make it a manufacturing State ol great
proportions, it will inevitably become so. Second, its
boundless pastoral and agricultural resources will maintain
it in the forefront of the State. From being ranked as the
23d State in 1821, with a population of 66,557, it is now
the fifth State, with a population of 2J^ millions. In the
name of the State, I cordially invite the honest, intelligent
and industrious immigrant of any nationality to cast his
lot in our midst at this auspicious time, and he will find his
new home surrounded by good schools, excellent church
and mail facilities, moral society, and as broad political and
social privileges as can be found in any land. Gov. Fletcher,
a former Republican Governor of this State, recently said
in a public address: "That nowhere is the personal liberty
or the political privileges of the citizen better assured by
constitutional provision and legislative enactment; that
nowhere on the earth are the political rights of the citizen
held more inviolate, or more uninterruptedly enjoyed by
278 MESSAGES AND PROCLAMATIONS OF
every class, condition or color of citizen, than in Missouri."
This standard of protection shall not be lowered during
my administration. The educational interests of the State
are fixed upon a firm foundation, and should be sacredly
guarded and wisely fostered. Parsimony towards educa-
tion is liberality towards crime. Let us preserve the
University of the State, the Normal Schools, that also of
Metallurgy, and the common schools, with vigilance, and
if prodigal at all in expenditure of the people's money, let
it be in the interest of education. Education is contagious
and every facility should be given for its diffusion. Crime
as inevitably gives way before the march of education as
the Indian, the wolf and the buffalo do before the tread of
civilization. No State is great until its educational facilities
are great, and at the door of the poor boy in the cabin, as
well as within the reach of the spoiled child of fortune.
There is no cheaper defence to a community or a common-
wealth than education. It is a stronger and safer bulwark,
more unfailing and vigilant than the most powerful arma-
ments of wood, iron and steel, and it makes its recipients
the boldest defenders of the right and the most uncompro-
mising enemies of the wrong. I repeat again an earnest
recommendation of this subject to this honorable body.
Let no efforts be considered too great, no patience too
exhausting, and no means too arduous to extend it to all
classes of society. Let us exhibit to the nation the noble
spectacle of Missouri educated as she should be, her sons
and daughters adding the grace, and powers, and virtues,
of cultivated minds to their fine natural qualities and those
who have contributed to bring about the results, will be
entitled to the lasting gratitude of posterity. I append
to this address the following statistics on education taken
from the report of our Superintendent of Public Schools.
GOVERNOR THOMAS THEODORE CRITTENDEN.
279
EDUCATION IN MISSOURI
The following statistics are taken from the office of the
State Superintendent of Public Schools:
No. of school houses in the State 8,240
No. of houses rented for school purposes 298
Total 8,547
No. of white schools in operation 8, 149
No. of colored schools in operation 492
Total 8,641
No. of white children between 6 and 20 years of age 681 ,995
No. of colored children between 6 and 20 years of age 41,480
Total 723,484
No. of teachers employed 11,659
Attendance of white pupils during the year 460,090
Attendance of colored pupils during the year 22,896
Total 482,986
Value of school property in the State $7,353,401 .22
Amount paid for erection of school buildings 113,287.25
Fines, forfeitures, etc., collected 51 ,558 .22
Teachers' wages paid during the year 2, 118,637 .36
Total receipts during the year $4,020,860.30
Total expenditures during the year 3 , 151 , 178 .47
The principal of the various school funds is as follows:
Township school funds $1 ,950,732 .89
County school funds 2,392,723.67
Special school funds 1,523,903.19
State school funds 2 , 909 ,457 . 11
Seminary fund 122,000.00
Total $8,898,816.86
On the 1st of November 497 students were in attendance
at the University, 513 at the Normal School at Kirksville,
280 MESSAGES AND PROCLAMATIONS OF
237 at Warrensburg, 184 at Cape Girardeau, 105 at the
Lincoln Institute, and 71 at the School of Mines.
Missouri has also over one hundred colleges and
academies not counted in the foregoing.
The law on taxation in this State should command the
most careful consideration. A system should be devised
that will be equal in its operations, making every description
of property bear its due proportion of the burthens of govern-
ment and looking to an equitable and just taxation of banks,
railroads, lands and stocks, so that capital may be invited
and not repelled from the State, in order that there can be
no war between capital and labor. Justice always insures
peace in society. A reduction of the rate of taxation in the
counties and State, can be attained by wise and equitable
revenue laws, and the natural consequences of such a re-
duction would be an increase of population and wealth,
and those factors, in turn, would cause still further reduc-
tions in course of time, by the introduction of more wealth
and still greater population. High taxes provoke dis-
content and invasions of the law, and should not exist one
moment beyond their imperative necessity. The State
and county debts should be extinguished as rapidly as pos-
sible, compatible with the prosperity and capacity of the
people. A great debt is at no time a blessing to a State, a
county, or an individual, and the same assiduity should be
used to relieve each and all. The course of legislation for
the last few years indicates clearly the popular will, that
nothing should be done to diminish the power of the State
to redeem or refund at maturity her outstanding bonds,
and to meet with unwavering promptness every payment
of interest at the places and times when they may fall due.
I accord most unreservedly my approbation to the stern
honesty of our people, that bids them be just before they
consult their convenience, their comforts or their growth.
The State debt is the result of great measures, conceived
a quarter of a century ago by wise men, for the develop-
ment of its various sections, and in the fruition and maturity
of those measures, the State has passed from the rank of
GOVERNOR THOMAS THEODORE CRITTENDEN. 281
the fifteenth to that of the fifth, and is still marching for-
ward with great boldness and rapidity.
There are two important measures that will in all prob-
ability be brought before this body, the refunding of so much
of the State indebtedness as is now, or may become due,
before the Legislature convenes again. The time is auspi-
cious for refunding that indebtedness, and at a lower rate
of interest than the State is now paying. A five per cent,
bond would command a ready sale. It would be difficult to
make a better or surer investment than in Missouri five per
cent, bonds. And the second measure is to so amplify
the judicial powers under the Constitution as will in some
way relieve the Supreme Court of the embarrassment under
which it is now laboring. That court has labored for years
with industry, and, under the circumstances, with much
honor to the eminent position it occupies, but has been
wholly unable to relieve itself of its increased work. That
court is so much behind in its labors, it is simply a denial of
justice to litigants to await its action, and it is thought that
some seek this forum as a means of delay in the settlement
of litigated questions. ' '
Credit is the crowning glory of a State and a county. It
is to each what honor is to a man, what virtue is to a woman,
what faith is to a Christian; no stain should tarnish one or
the other. There are some counties indebted beyond their
capacity to pay. The debts should be comprised upon
terms alike just to the creditor and debtor. No oppressive
means should be adopted by either. In such cases it is
equally as obligatory upon the creditor to meet the debtor
upon a possible base of adjustment, as it is for the debtor
to meet the creditor upon a reasonable one of acceptance,
Repudiation, direct or indirect, should not be considered
for a moment. Its conception should bring a blush of shame
to every cheek, for no advantage obtained by a community
or an individual by violence, dishonor or law cunning, can
be permanent or beneficial. It is an enduring shame and
the greatest blight that can cast a shadow over a State or a
county. No State or county ever ventured upon such a
282 MESSAGES AND PBOCLAMATIONS OF
course that escaped the unhappy consequences. In financial
history and moral sentiment, it is "the worm that never
dies; is the pestilence that walketh in darkness, and the
destruction that wasteth at noonday, and at last biteth
like a serpent and stingeth like an adder." It is the dark-
ness of death without the hope of resurrection.
The greatest progress and advancement are made in
those counties freest from debt, and also those that show
the greatest disposition to adjust their indebtedness upon
honorable terms. Few townships, and still fewer counties,
have been benefited by litigating their bonded indebted-
ness, for in the end they will have to pay not only the
original indebtedness with long accrued interest, but also
large fees and heavy costs, a few vexatious local lawyers
being the only ones benefited by the delay. Procrastina-
tion is as much the thief of money as of time, and should
never be consulted in business transactions when it involves
the honor of the individual or the community. Im-
mediately after the war many of the counties of this State
were burthened with an unprofitable bonded indebtedness,
which has borne heavily upon the people for years, in some
instances driving them into desperate acts of lawlessness.
While not at all commending the manner in which those
debts were created, nor believing for a moment in the
honesty of the purposes for which they were created, yet
it having been done, and recognized by the judgments of
the courts of the State, no resistance should be made against
the operation of their judgments. No society, no individual,
no property, can be safe and preserved in that community
where self-constituted tribunals reverse by violence the
decrees of the regularly appointed courts. It is always
safer and better for society, as a rule, to live quietly under
a bad law, or a corrupt act of a court, than to offer violent
resistance to either. In well regulated society, evils and
abuses soon correct themselves. In the language of Mr.
Jefferson: " Error is never dangerous when truth is left
free to combat it." It will be wise in those defaulting
counties to adjust upon an equitable basis their indebted-
GOVERNOR THOMAS THEODORE CRITTENDEN. 283
ness, having learned, by this time, from vexations and
costly experience, that in the postponement of an evil no
permanent or satisfactory relief is had. It is more honor-
able, and more in accord with all elevated standards of
commercial transactions, to settle fairly, even though unable
to pay, than to have no settlement at all.
I think a general registration law should be enacted,
but before this can be done the Constitution of the State
will have to be amended. Section 5, article 8, of the Con-
stitution limits the power of the Legislature to enact registra-
tion laws to cities and counties of certain numbers of in-
habitants. The Legislature should consider the propriety
of amending the Constitution in the manner and form
provided in that instrument as regards registration. It is
evident that much illegal voting is done at every regular
election in cities and towns of all sizes, and often in the
country. The ballot box should be preserved from the
unhallowed touch of fraud by severe legislative restrictions,
prohibitions and penalties. An impure ballot is a crime
against society and good government, and should be con-
demned by all political parties.
Whatever is necessary to perfect the militia law, should
be considered by the Legislature with much care. A well
drilled and well regulated militia is of great value to the
peace of society, and the stability of the State. I but
reiterate in this expression what has been said by our
fathers and law-makers, commencing with the message of
Gen. Washington, in 1794, and ending with the last con-
gressional report of 1880. I feel assured that your body
will not carelessly overlook this important feature of our
State government.
For many years the Penitentiary has been a source of
great embarrassment to past Legislatures, costing the State
each year a large sum of money. Such has not been the
case for the last few years* because, under the law, there
has been a demand and employment for every able-bodied
convict, either inside or outside of the Penitentiary, until
during the last winter. Under the present law the lease or
284 MESSAGES AND PROCLAMATIONS OF
contract system has been abolished, and the convicts with-
drawn from outside labor. It will be well for this body to
consider the propriety of restoring that system, and engag-
ing in remunerative labor those convicts for whom a demand
is not had in the Penitentiary. I am informed there are
two hundred convicts comparatively idle. These must
necessarily be of heavy cost to the State. The evil should
be remedied at an early day; first, on the ground of economy;
second, the morale of the convicts, as idleness is always the
parent of discontent and insubordination. The true theory
of success in the management of a penitentiary or any large
body of men, is in keeping them constantly and wisely en-
gaged in remunerative employment. The taxpayers of the
State expect the convicts to be so used as not to impose
additional burthens of taxes on them. They have the right
to believe that the Penitentiary can be, and should be, made
a self-supporting institution. They, paying the expenses
of the Penitentiary should be heard and consulted as to the
manner in which convict labor should be employed. There
are, in the minds of many, serious objections to such labor
being used outside of the Penitentiary, upon the ground
that it brings that species of labor in competition with free
labor. The Legislature should consider this question calmly
and weigh it carefully, but, at the same time, it should not
be deterred from doing its duty to the whole people by the
clamor of a few. In considering this question, the Legis-
lature should so act as to do full justice to the State, as well
as to those opposing the outside use of such labor. Whilst
not seeking primarily to make the Penitentiary so much a
money-making institution as one of punishment and*ref-
ormation, yet it should not become, for the want of wise
legislation, an onerous burthen to the State. The Legis-
lature should guard the State. The law authorizes the
employment of a chaplain at the Penitentiary, paying him
five hundred dollars a year, That sum being insufficient
to employ the whole time of a competent Christian minister,
I think the sum should be increased. If a chaplain is neces-
sary at all, his whole time should be devoted to the physical,
GOVERNOR THOMAS THEODORE CRITTENDEN. 285
moral and spiritual comforts of the convicts. The State
pays the present chaplain five hundred dollars, and some
church in this city pays the balance of his salary. The
State should not engage in such partnerships, especially
not so when it is evidently at the cost and loss of that class
who are wholly unable to help themselves. The obligation
the minister owes to the church and its membership is of
greater force than that due the criminal, and if either must
suffer, as it often happens, the criminal will always be that
one. The State should not be accessory to such neglect,
and should not encourage it longer. Such joint engagements
are beneath the dignity of the State, and such economy is
unworthy of consideration. Separate, in this instance,
church and State, and both will be benefited.
It is gratifying, indeed, to know that the finances of the
State are in a satisfactory condition. The embarrassment
that unavoidably and temporarily surrounded the Treasurer
of the State, has been removed, and upon the close of his
official career, he has arranged for the payment of every
dollar due the State. When Col. Gates became Treasurer,
he, following the long-established custom of his pred-
ecessors, deposited the State funds in various banks
throughout the State. The custom, it is admitted, was an
evil one, and would have been "more honored in its breach
than in its observance." Until within the last four years,
the Legislature neglected to provide where and how the
funds of the State should be provided for, leaving it wholly
at the discretion of the Treasurers. A part of the State
funds were deposited in the bank of John J. Mastin & Co.,
at Kansas City, and National Bank of the State of Mis-
souri, located at St. Louis, which banks afterwards closed
their doors. At the time of the deposit they were considered
solvent and worthy of confidence, especially so of the old
State Bank. It had been for one-half a century one of the
landmarks of the State, whose management and stability
had never been questioned. More than one million dollars
of State funds were deposited in these banks at the time of
their failure, of which all but $1&3,522.65 has since been
286 MESSAGES AND PROCLAMATIONS OF
paid from the assets, dividends and collaterals of those
banks; and within the last few days, that last mentioned
sum, with the accrued interest thereon, amounting in the
aggregate to $184,970.31, has been satisfactorily arranged
by Calvin F. Burnes, as shown by a contract between
Calvin F. Burnes and the Bank of Commerce, of St. Louis,
dated January 6, 1881, and now in the hands of the com-
mittee appointed by Governor Phelps to settle with the
State Treasurer. Calvin F. Burnes, having arranged the
deficit, appeals to the Legislature to allow the use of the
name of the State in enforcing a first lien on the assets of
the Mastin Bank, seeking a subrogation to whatever rights
the State has against the assets of said bank. It will re-
main for the courts to determine what those rights are.
The enactment of such a law can, in no event, injure the
State. This being true, simple justice demands its passage,
provided it is done without subjecting the State to any
costs or liability whatever. The arrangement for the pay-
ment of this large sum of money settles a vexed question
which has disturbed the people of Missouri for more than
two years. The actors in such an arrangement deserve the
approbation of the people of the State. I know of no similar
instance on the record of any political party. It stands as
another evidence of the honesty of the dominant party in
Missouri, and a complete refutation of the charges made
against Col. Gates and the party, by a partisan press and
partisan orators during the late canvass. This old and
diligent public servant now retires from his official duties,
without a stain upon his solid and rugged character; like
a true man, conscious of his own rectitude. "The pattern
of all patience," he has borne, without a murmur, the piti-
less abuse and malignity heaped upon him, calmly awaiting
the day for justice to come to his relief and vindicate his
unswerving honesty. It has come at last, and as he de-
parts from the office he has honored for four years, pointing
the unerring finger at the man, it says he has been a faith-
ful servant.
GOVERNOR THOMAS THEODORE CRITTENDEN. 287
The Democratic party having placed the State and its
finances upon a healthy basis, by an economical administra-
tion of affairs, is entitled to the continued confidence of the
people, and will be retained in power till a later day if it
pursues the same wise policies; but while remembering with
pride its past history, and the good it has accomplished,
it should remedy its evils, purge its faults, dethrone its bosses,
enlarge its horoscope, and advance with determination to
the possession of those great living principles upon which
a free and an independent people live, move, and have their
being.
The party is as full of life and vigor to-day as if fresh
from successful political fields. The great secret of this
"unconquerable vitality is its supreme love of liberty, and
its supreme regard for, and confidence in, the people."
The Democracy stands for the foundation principles
of the Constitution; for local self-government, as opposed
to centralization; for the restriction and diminution of the
powers and the interference of government, and for the
elevation and the untrammeled independence of the in-
dividual citizens; for equal rights, as opposed to privilege
and monopoly; for the Republic as opposed to the Empire.
And as long as those great fundamental ideas remain
the shibboleths of the party, it will remain invincible and
undismayed, and as it has in the past seen powerful rivals
perish, so it will in the future. "Beaten it has been, beaten
it may be, but hopelessly broken it never can be, as long as
it is true to the vital idea of government of the people, by
the people, and for the people."
It is national in its vote, and national in its views. In
love of country it is limited to no section, loyal alone to no
geographical lines, but it is for the happiness and prosperity
of the whole country. We have passed through another
Presidential election, successfully as a people and as a
country, and James A. Garfield will soon be declared the
lawfully elected President of the United States. It is alike
gratifying and commendable that it will be accomplished
without the excitement and unnatural embarrassments
288 MESSAGES AND PROCLAMATIONS OF
surrounding the elevation of Mr. Hayes to that chair. It
can be safely said that our people never again desire to see
a candidate of any party elevated to that eminent position
by such methods and such suspicious means. Mr. Gar-
field becomes President not so much of a party, as of the
whole country, and at a time when prosperity gladdens the
hearts of all, when no animosities remain to disturb and
fret the people when the moment of defeat and victory is
equally enjoyed by all. It is the universal hope of the
country that he will be "so clear in his great office," that
when he comes to lay down the robes of state, it will be said
of him he did his duty well. His victory was no ordinary
one, nor over an ordinary opponent, and upon a margin so
slight that the movement of even one leading man in the
City of New York could have changed the result. The
defeat of Gen. Hancock as the representative of the Demo-
cratic party in no manner lessens the admiration in which
that illustrious citizen and soldier is held by the whole
country. Wherever bravery, modesty and ability are held
in esteem, the name of Hancock will be loved as the un-
obtrusive and unflinching friend of civil and religious free-
dom. The names of Garfield and Hancock will stand
associated in the minds of our people, and in a few more
years the historian will bring both before the bar of severe
public opinion, one as a successful politician, the other as a
successful soldier, and which will stand the fire of that
crucible is not for us to say to-day. It is my belief that
Hancock will pass down to other generations unscathed by
the criticisms of "inexorable history," the idol of a free
people, whose regard for the supremacy of civil law, although
a soldier to fame and glory bora, made him its champion
in its hour of extremest need, when others, smaller men,
the creatures of power, discarded it as an accursed bauble.
As a lover of my race, I desire each to do his duty in
his line, and make his country greater by having lived and
acted. We are living in one country, under one flag, and
one national Constitution, and we should be in spirit and
in deed but one people. That Constitution has been to us
GOVERNOR THOMAS THEODORE CRITTENDEN. 289
like the shadow of a great rock in a weary land, has pro-
tected us in the midst of violent excitements, and the most
bitter party conflicts, and had this power, because it was
not the work of a party, was not the outgrowth of faction,
not the result of temper, but of compromise, moderation
and patriotism. Our fathers laid deep and well the founda-
tions, not only of the General Government, but also of
the State Government, whether for few or many, framing a
Constitution with almost superhuman wisdom, small enough
for the parliament of man and broad enough for the federa-
tion of the world, having ever in view the separation of the
two classes of governments upon certain local and special
interests, and a concentration of the two into one, upon other
great principles. Each form is indispensable to the other
on the formation of one matchless system of government,
and each should be guarded with a patriotic zeal. In our
ardent admiration of State Government, growing some-
what out of our proximity to it, ever ready to defend its
"rights," with an exemplary vigor, we should not look with
distrust upon the General Government, even if at times, in
our opinion, errors and abuses creep into its management;
so there may into the administration of all governments,
but stand firmly by it as the ark of our political salvation,
relying upon public opinion for the correction of those
abuses. In the language of a great statesman, long since
dead: "We, as a people have derived innumerable bless-
ings from the blessings from the General Government, and
whatever of evil has occurred in its administration bears
no proportion to its blessings." Let us teach our children
that it is in the operation of the American system of govern-
ment that the States feel and know that they are important
parts of a great whole, and it is in and by that Union of all
the States, in that "great whole," that we are known among
the nations of the earth. From it, as from a rich fountain,
public prosperity has streamed over our whole land, and from
the bosom of our great National Republic, a spirit has gone
forth throughout the world to quicken and raise up the
oppressed, teaching them a new lesson of freedom, and
290 MESSAGES AND PROCLAMATIONS OF
pointing out to them the way of self-government. The
heart of man must swell with conscious pride at being the
free citizen of such a Republic. No Roman should ever
have exclaimed "I am a Roman citizen!" with more pride
than a Missourian should say, "I am an American citizen!"
Under the fostering care of the State Government to
provide for the domestic affairs, and the General Govern-
ment to guard, with its immense power, our national and
foreign rights and interests, we can rest in ample security,
and earnestly look forward to a future that is full of every-
thing that can gratify the hearts and hopes of a free and
civilized people. Under such a system of governments our
whole land is prosperous beyond the anticipations of man.
Poverty and epidemics are nowhere known or felt, the voice
of the husbandman and the song of the maiden are heard
in sweet accord with the music of ceaseless machinery, from
the Aroostook region of Maine to the mouth of the Rio
Grande, from the Pacific slope to the shores of the Atlan-
tic. War is nowhere known or heard in our land. The
angry passions of partisanship, aroused by a heated political
canvass, have passed and are forgotten — "as a school boy's
tale, the wonder of an hour."
Now, "standing, as we do, on the threshold of a new
year, looking backward to the years that are gone and for-
ward to those beyond, we have, as a nation, abundant cause
for thankfulness and hope." In the midst of all these
blessings it becomes us to acknowledge our grateful de-
pendence upon that Supreme Being without whose favor
all schemes of human happiness are vain, and without whose
benediction the wisdom and exertion of man can accomplish
nothing truly great and good.
[THOMAS T. CRITTENDEN.]
GOVERNOR THOMAS THEODORE CRITTENDEN. 291
FIRST BIENNIAL MESSAGE
JANUARY 5, 1883
From the Journal of the House of Representatives , 188$, pp. 16-71
Senators and Representatives:
Section 10 of article V of the Constitution of Mis-
souri requires me, as Governor of the State, to give the
General Assembly "information, by message, of the con-
dition of the State," and to recommend to you such measures
as I may deem expedient.
In obedience to this requirement, I give you herein
such information and suggest such measures as to me seem
necessary and expedient.
I congratulate you upon your assembly, as the chosen
representatives of the people, under such auspicious sur-
roundings and favorable circumstances.
Order prevails in every part of the State; local affairs
are managed with wisdom and economy; the labors of the
husbandman have been repaid with most abundant harvests;
the people are blessed with good health, peace, liberty and
contentment; signs of individual and general prosperity
greet the eye upon every hand. In acknowledgment of
these manifold blessings, it becomes us, as a Christian people,
to return our sincere thanks to the source of all good, and
to implore Him to avert from our land and homes the
"pestilence that walketh in darkness and the destruction
that wasteth at noonday."
As no necessity exists for a great amount of general
legislation, there is a corresponding lack of a necessity for
a protracted session. I trust that your association may be
pleasant to you and of lasting benefit to the State and
people.
292 MESSAGES AND PROCLAMATIONS OF
THE STATE TREASURY.
I announce to the people of the State with gratification
that their finances have never been in a more satisfactory
condition. The obligations of the State are promptly met,
and every legal demand made upon the Treasurer is paid
as soon as presented. During the present administration
not a warrant of the State has been discounted because of
non-payment. In fact, there is not a single warrant now
outstanding. Heretofore warrants have been issued and
sent to the various civil officers and other claimants through-
out the State, and before the warrants were, or could be,
cashed, they were discounted by some person or bank in
the locality to which they were sent. Now the warrants
are sent by the Auditor to the Treasurer, who issues a draft
therefor upon the Bank of Commerce of St. Louis, upon
which the money is received without delay or discount.
The warrants drawn, payable to the creditor or bearer, were
liable to be lost and cashed by some one other than the real
owner. Such is not the case now. I think the change a
prudent one.
In compliance with section 7637, Revised Statutes,
the Treasurer, on the 22d day of January, 1881, had a
circular letter printed and sent to all of the principal banks
and banking institutions of the State, and printed in many
of the newspapers of the State, soliciting bids for keeping
the public funds for the term specified in such bids and
until a new contract shall be made. On the 8th day of
February, 1881, the bids were opened, as directed by law,
in the presence of the Governor and Attorney-General; and
it being seen that the Bank of Commerce, of St. Louis,
proposed paying, monthly, the highest interest of bonus
on the average daily balances, that bank was selected as the
State depository, and gave the security required by section
7639 of the Revised Statutes. The bank has faithfully
fulfilled its part of the contract from that date to the present
time, and has furnished the State every desired facility in
the transaction of its financial business. By the close of
GOVERNOR THOMAS THEODORE CRITTENDEN. 293
this year the bank will have paid the State something over
$34,000 as interest upon the deposits, which has been
credited one-half to the interest and one-half to the revenue
fund. On the 4th day of December, 1882, the Treasurer,
under section 7637 of the Revised Statutes, mailed a second
circular letter to each of the banks or banking institutions
of the State, soliciting bids for keeping the public funds,
which bids would be received until the 15th day of December,
1882: As no bids were offered on that day from any source,
the contract theretofore entered into with the Bank of
Commerce of St. Louis, was continued at the same rate
and upon the same terms. This bank has paid from the
beginning of the contract double the interest heretofore
received by the State. It is one of the most solvent and
responsible banks in the State. Since the present law went
into effect the money of the State is so absolutely secured
in the depository by the United States and Missouri State
bonds, pledged as security, in excess of the deposits, that
if the depository should meet with reverses, the State's
money could be obtained within fifteen days. The National
Bank of Commerce of New York is the trustee in charge
of the hypothecated bonds. In the event that the Bank of
Commerce of St. Louis should fail to pay the check or checks
of the Treasurer, under the written contract between the
bank and the Treasurer, he is authorized — with the approval
of the Governor and Attorney-General — to direct the trustee
to sell, within ten days after the refusal to honor the check
or checks, the bonds so deposited, or as many as may be
necessary to pay the whole amount of the State's deposit
in the bank. The importance of this contract to the State
can be seen at a glance. It not only fully secures the
deposits of the State but it also gives immediate recourse
upon the bonds upon a certain contingency, which insures
the continuance of the State's credit. The Treasurer keeps
a small sum of money in the vault in his office, in the Capitol,
for daily use, an account of which will be given in his report.
The following tables show the amount of deposits, monthly,
294
MESSAGES AND PROCLAMATIONS OF
ia the Bank of Commerce, how secured, and the interest
received by the State OB the same:
MONTHLY BALANCES.
Date.
1881—
January 10
Amount in
Bank of
Commerce.
$332,485 96
Bonds held
as
security.
$350,000
February 1 .
954,997 69
1,000,000
March 1
1,404,222 66
1,300,000
April 1 .
1,331,335 04
1,300,000
May 1
901,954 48
1,000,000
June 1
801,406 07
1,000,000
July
3 297,839 35
3,400,000
August . .
3,252,360 15
3,400,000
September 1
3,330,345 67
3,400,000
October 1
3,354,715 21
3,400,000
November 1
3,399,181 11
3,500,000
December 1
3 199,412 80
3 326,000
1882—
January 1
3 364 907 81
3 450,200
February 1
4 069 762 31
4,062,400
Marek 1
3 978 767 79
4,015,000
April 1
3 803,693 60
3,833,400
May 1
3,699,992 37
3,725,850
June 1
3,597,507 61
3,616,000
July 1
f 3,238,421 43
3,230,000
August 1
3,180,572 65
3,230,000
September 1
503 083 96
575 000
October 1
564 429 31
600 000
November 1
576 825 96
600 000
December 1
494 264 38
720,000
1883—
January 1
849,352 26
870,000
GOVERNOR THOMAS THEODORE CRITTENDEN.
295
INTEREST ON DEPOSITS.
Amounts received monthly from the Bank of Commerce as interest
on deposits:
1881—
January
$200 61
February
579 83
March
893 78
April
692 07
May
539 00
June
914 28
July
2,028 58
August
2,056 05
September
2,000 87
October
2,098 64
November
2,028 56
Oecember
2,044 47
Total receipts for 1881
$16,076 74
1882—
January .... ...
$2 347 95
February
2,237 88
March . .
2,438 33
April
2,265 52
May .
2,271 25
June . . .
2,083 16
July .
1,986 49
August
1,507 50
September .
326 25
October . .
365 92
November
375 29
December . .
378 85
Total receipts for 1882
$18,584 39
Total for the two years
$34,661 13
STATE CLAIMS.
By authority of an act of the Legislature, approved
Mareh 19, 1881, authorizing the Fund Commissioners, if
they deem it expedient, to employ an agent to prosecute
296 MESSAGES AND PKOCLAMATIONS OF
the claims of this State against the Government of the
United States, a contract was made with Hon. John T.
Heard to prosecute such claims in behalf of the State, and
he immediately entered upon the discharge of his duties.
He has already collected and accounted to the State for
the sum of two hundred and thirty-four thousand, five
hundred and ninety-four dollars and ten cents ($234,594.10),
and is now in Washington, laboring to procure such legisla-
tion as will secure to the State the claims remaining unsettled.
The claims of the State consist of two kinds:
1st, War claims, or claims arising out of the furnish-
ing of troops and supplies to the United States Govern-
ment during the late civil war; and,
2nd. Claims arising under the enabling act of Con-
gress and the ordinance of acceptance by the State, under
which the State was admitted into the Union. This com-
pact guaranteed to the State, in consideration of certain
conditions by it accepted, five per cent, of net proceeds
arising from the sale of all public lands in the State of Mis-
souri after admission, etc. The amount due the State on
account of all sales made for cash has been paid; but as a
large proportion of the public domain in the State has been
located with the military land warrants of the Government,
issued in payment of services rendered by her soldiers in
wars, Mr. Heard claims that such locations should be re-
garded as sales for cash, and that the State is entitled to
five per cent, thereon. These locations cover about eight
millions of acres and the per cent, of the proceeds of such
sales — estimating the land at the price of $1.25 per acre —
amounts to $426,000.
The war claims are of two classes: 1st. Those be-
longing to the State, and, 2d, those belonging to individuals,
which the State is attempting to collect.
By an act of Congress of July, 1861, the United States
Government promised to reimburse the different States for
amounts expended by them respectively, in the organization,
equipment and maintenance of troops while acting under
competent military authority and in concert with the
GOVERNOR THOMAS THEODORE CRITTENDEN. 297
Federal troops, in suppressing the rebellion, etc. Under
that law, a settlement between the State and General
Government was effected in 1866, by which the State
received the amount then shown to have been expended
by it up to that date; and it was on account of similar dis-
bursements, subsequently made by the State, that a claim
was preferred for the amount not reimbursed by the Govern-
ment. Mr. Heard found a great deal of the evidence relied
upon by the State to establish the claims lost or destroyed,
and thus an infinite amount of trouble and a large outlay
of labor and money were entailed upon him in his attempt
to supply, as far as possible, the lost evidence and papers.
The other class of claims, or those belonging to in-
dividuals, are those which were, by authority of an act
of the Legislature, approved March 19, 1874, audited by a
commission created by said act, and on account of which
audit and allowance conditional certificates of State in-
debtedness were issued. These claims have been presented
to the Government for payment but, so far, have been
refused consideration upon the ground that, even if they are
just, the present laws of Congress only authorize their
examination for settlement after they shall have been paid
by the State, and that the issuance of conditional certifi-
cates of State indebtedness is not payment, as contemplated
by the law.
Mr. Heard has, through our Senators and Representa-
tives in Congress, procured the introduction of bills looking
to the recognition of this class of claims, as well as the
settlement of the five per cent, claims, which bills are now
pending in the respective houses of Congress, and Mr.
Heard is now in Washington City, giving the matter his
earnest personal attention.
The contract made with Mr. Heard provided for a com-
mission of five per cent, on the amount collected on the war
claims due the State and fifteen per cent, on the other classes
of claims, which are much more uncertain of collection.
The commission agreed upon in the contract was paid on
the collection made. The Fund Commissioners have been
298 MESSAGES AND PROCLAMATIONS OF
criticised upon the amount of compensation allowed Mr.
Heard in the contract; but it will appear to any man pos-
sessing a fair conception of the nature and responsibilities
of the position that the allowance is not too liberal. The
contract requires the agent to prosecute all of the claims
at his own expense, and, aside from the immense amount
of labor performed by Mr. Heard in the prosecution of his
duties, and of the necessarily heavy living and traveling
expenses incurred by him, he has paid out more than two
thousand dollars in supplying lost papers and perfecting
the evidence necessary to establish the claims already
collected. Beside this, he is bound under a $20,000 bond
to prosecute to final determination the remaining claims
embraced in his contract, the collection of which depends
upon the procurement of Congressional legislation, and the
ultimate collection of which is problematic, while the ex-
penditure of a large amount of money and labor in the
attempt is certain.
In the collection of the money already received by the
State, Mr. Heard performed an immense amount of labor.
Upon an examination of the papers and records which
constituted the evidence upon which he must rely to establish
the State's claim, the prospect was disheartening; but, with
his characteristic determination and with tireless energy,
he pursued every possible avenue of information to the end,
and, as a proper reward for his diligence and intelligent
efforts, the State received the sum above named. In him
the State has a worthy representative and her interests will
not suffer.
HANNIBAL AND ST. JOSEPH RAILROAD CONTROVERSY.
This administration was inaugurated upon the 10th
day of January, 1881, and soon thereafter the Fund Com-
missioners—consisting of the Governor, Auditor and At-
torney-General—were notified by Wm. Dowd, President
of the Cannibal and St. Joseph Railroad, that, under the
act of 1865, the company proposed paying into the State
Treasury the sum of $3,000,000 and the accrued interest
GOVERNOR THOMAS THEODORE CRITTENDEN. 299
to the date of the payment, in discharge of the State's
statutory lien on the road and equipments. George W.
Easley, Esq., represented the road. Several interviews were
had between Mr. Easley and the Fund Commissioners,
prior to the payment of the money; but as the details of the
preliminary or intermediate controversy are of no special
value to the General Assembly, I pass them by, and present
the material facts. In June, 1881, the Hannibal and St.
Joseph Railroad Company tendered to the Fund Commis-
sioners the sum of $3,090,000, in payment of what the
company claimed to owe the State, for bonds issued by the
State, under the acts of 1851 and 1855. The Fund Com-
missioners refused to receive that sum as a payment in full,
but expressed a willingness to receive and receipt for same,
in part payment of the amount due under the act of 1865.
This course was finally adopted, and, on the 20th day of
June, the company paid to the State Treasurer $3,090,000,
of which $90,000 were to be used to pay the interest matur-
ing in ten days thereafter; and the remaining $3,000,000
to pass into the State Treasury, to the credit of the company.
On the payment of the money, the Treasurer executed his
receipt to R. G. Ralston, Heman Dowd and Oren Root,
trustees, in form as agreed upon between the parties. In
order to oblige the company and avoid the cost and danger
of transmitting so large a sum of money from New York
to Jefferson City and return, the Treasurer went to New
York and received the money and deposited it in the
National Bank of Commerce in accordance with an arrange-
ment made with the Bank of Commerce of St. Louis. Sub-
sequent to the payment of the money, Mr. Easley, who
represented himself as the attorney of the Hannibal and
St. Joseph Railroad Company, and of certain persons as
trustees in the mortgage — executed by the Hannibal and
St. Joseph Railroad Company to the Farmers' Loan and
Trust Company, to the amount of $3,000,000 — appeared
at my office and demanded, under the act of 1865, that I,
as Governor, execute a release of the statutory lien of the
State, created by the acts Of 1851 and 1855. This I re-
300 MESSAGES AND PROCLAMATIONS OF
fused to do, as the company had not, in my opinion, paid
the full amount of its liability to the State. The Company
claiming that the amount paid covered the whole amount
due to the State, instituted a proceeding against the Gover-
nor, in the Supreme Court of the State, to compel him to
assign to the company's trustees the lien of the State, as
provided in the act of 1865. This application having been
denied by the court, the company, thereupon, filed in the
court an application for a mandamus against the Treasurer
of the State, to compel him to amend his receipt and put
it in such form as to fully discharge the company from all
further obligation to the State, by reason of the State's
loan of credit to said company. This application was also
denied; and the company refusing to pay the interest
maturing January 1st, 1882, I proceeded to advertise the
road and its appurtenances for sale, as provided by the act
of 1851. Thereupon, the company filed its bill in equity,
in the United States Circuit Court at Jefferson City, alleg-
ing that the payment made was a full discharge of the
company, and again asking that the Governor be ordered
and required, by a decree of the court, to assign the State's
lien on the road and appurtenances to the trustees, and to
enjoin the sale of the road. This court, after a thorough
and exhaustive examination of the subject, held that the
payment made was not a discharge of the obligations of
the company, under the provisions of the several acts,
under which the loan of credit was made, and consequently
refused the injunction. The company with unflagging
zeal to wrong the State, thereupon amended its bill, pray-
ing the same relief as originally asked, and, in case that
should be denied, asking an alternative relief of a repay-
ment of the $3,000,000. On the final hearing of this bill,
at Keokuk, Iowa, by Judge McCrary, an interlocutory
decretal order was made, prescribing legal rules, by which
the amount due by the company to the State may be ascer-
tained, and referring the whole matter to a master in
chancery — Hon. John K. Cravens, of Kansas City — with
directions to take an account thereof and report the result
GOVERNOR THOMAS THEODORE CRITTENDEN. 301
arrived at to the court, at an early day. In accordance
with the agreement of counsel on both sides sanctioned,
by the Master, testimony has been taken and arguments
made before the Master by the respective attorneys; and
I am informed that the report will probably be made at
the adjourned term of the court, to be held in Jefferson
City on the first Monday in March next. So far, the courts,
State and Federal, have uniformly held that the company
has not yet discharged its obligations to the State, and the
Federal courts at each hearing have required the company
to pay the matured interest on the bonds. In so doing,
those courts have sustained the position held by the Fund
Commissioners from the beginning of the controversy; they
contending that the amount paid on the 20th day of June,
1881, was not "a sum of money equal in amount to all
indebtedness due or owing by said company to the State,
and all liabilities incurred by the State, by reason of having
issued her bonds and loaned the same to said company,
as a loan of credit of the State/' What that amount is,
now forms the question at issue between the State and the
company, and must be determined by the Federal courts.
This controversy shows the wisdom of that constitu-
tional provision inhibiting the State from "contracting any
debt or liability on behalf of the State, or to issue bonds
or other evidences of indebtedness thereof, except in renewal
of existing bonds, and to create a debt not exceeding $250,-
000 to meet an unforeseen emergency or casual deficiency,"
as the liberality of the State has been so often abused by
the recipients of its grace. It is a matter of regret that
this company, after having so long and so faithfully met
its maturing interest on the bonds, should have sought an
opportunity, under the act of 1865 — cunningly drawn, as
it was supposed, in the interest of the road — and the advice
and direction of hired counsel, to violate the most sacred
obligation that can exist between creditor and debtor.
The State, from the beginning, discountenanced the con-
struction placed upon that act by the company, and simply
demanded a fulfillment of the obligation nominated in the
302 MESSAGES ANI> PROCLAMATIONS OF
bond, aad at no time has it acted otherwise than justly
and leniently with the road, even when reverses and em-
barrassments surrounded it and almost wrecked its financial
existence. No road has asked and received more kind-
ness from the State than the Hannibal & St. Joseph. The
more it has been accommodated, the more it has demanded.
It received from the State, under the act of 1851, $1,500,000
special bonds, as a loan of the public credit, redeemable at
the pleasure of the Legislature at any time after the expira-
tion of twenty years from the date of issue; and, again,
under the act of 1855, it received the same number of bonds,
of the same character, redeemable in thirty years, and in
1874, upon the urgent application of the road to the Legis-
lature, the $1,500,000 bonds, issued under the act of 1851,
were renewed for a further term of twenty years. Thus,
in fact, receiving from the State $3,000,000 in special loan
bonds, redeemable in thirty and forty years — a favor not
solicited by nor extended to any other company. In con-
sideration of this fact, and upon principles of honor, the
road should be slow indeed in attempting to evade its
honorable and legal obligations to the power which evoked
it into existence. If the company persists in this attempt,
it is the duty of the State to resist it to the extreme limit of
the law. The protection of the rights of its citizens, and
the preservation of its bigh credit, will permit BO other
course. The State oply asks for an equitable adjustment
of the difference, one that will aot embarrass the road, yet
will "save the St&te harmless" from future liabilities. In
all the legal proceedings referred to, the State* in addition
to the very able and faithful services of the Attorney-
General, has had the services of Messrs Glover & Shepley
and Henderson & Shields, of St. Louis, two distinguished
law firms, in whose hands, I confidently believe, the in-
terests of the State will be s^me. Tiie labor involved in
the def ewe of the cases has heea great aad exaotiag. Muoh
testimony has been taken ia. New York aad Missouri, amd
the expenses i&cideat thereto feav^ fu% eoaaraw&d tfee small
appropriations made for that purpose. I reftpectfotly sub-
GOVERNOR THOMAS THEODORE CRITTENDEN. 303
mit to you the necessity for an appropriation sufficient to
pay the necessary expenses of the litigation and provide a
fair compensation for the counsel engaged. It is more
possible that the case may finally reach the Supreme Court
of the United States, which, of course, will materially in-
crease the labor and expense of counsel. The distinguished
counsel engaged fully understand that they have no other
reliance for remuneration than your own sense of justice
and liberality in the premises. They and I feel confident
that the General Assembly will do full justice to agents
who have been zealous in defense of the rights of the State.
OUTLAWRY.
Since the close of the war Missouri has been infested
by bands of train and bank robbers, whose lawless deeds
not only rendered railroad travel and banking dangerous
in certain localities in the State, but also gave the State an
unenviable reputation, at home and abroad.
My predecessors assiduously endeavored, by the use
of every means and power within their control, to accomplish
the destruction of these bands, but their efforts proved
abortive. On the 15th day of July, 1881, certain parties,
under the leadership of Jesse W. James, stopped and robbed
a train upon the line of the Chicago, Rock Island and Pacific
Railroad, at a point near Winston, in Daviess county; and,
in the perpetration of the robbery, killed William West-
fall, the conductor of the train, and John McCulloch, an
employe of the company. On the 28th of July, 1881, I
issued the following proclamation:
State of Missouri, Executive Department.
WHEREAS* It has, baeja made known to me, as tfee Governor of tke
State of Missouri, that certain parties, whose names are to me unknown,
have confederated and banded themselves together for the purpose of
committing robberies and other deporedations within this State; and
WHEBEAJS, Siaid parties did, on <xs about the eighth day of October,
1879, stop a train near Glendale, iu the county of Jackson, in said? State,
and with force and violence tjake, steal and carry away the money and
other express matter being carried thereon; and
304 MESSAGES AND PROCLAMATIONS OF
WHEBEAS, On the 15th day of July, 1881, said parties and their con-
federates did stop a train upon the line of the Chicago, Rock Island and
Pacific Railroad, near Winston, in the county of Daviess, in said State,
and, with force and violence, take, steal and carry away the money and
other express matter being carried thereon, and in perpetration of the
robbery last aforesaid the parties engaged therein did kill and murder
one William Westfall, the conductor of the train, together with one John
McCtdloch, who was at the time in the employ of said company, then
on said train; and
WHEREAS, Frank James and Jesse W, James stand indicted in the
circuit court of said Daviess county for the murder of John W. Sheets,
and the parties engaged in the robberies and murders aforesaid have fled
from justice and have absconded and secreted themselves;
Now, therefore, in consideration of the premises, and in lieu of all
other rewards heretofore offered for the arrest or conviction of the parties
aforesaid, or either of them, by any person or corporation, I, Thomas T,
Crittenden, Governor of the State of Missouri, do hereby offer a reward
of Five Thousand Dollars ($5,000.00) for the arrest and conviction of
each person participating in either of the robberies or murders aforesaid,
excepting the said Frank James and Jesse W. James; and for the arrest
and delivery of said Frank James and Jesse W. James, and each or either
of them, to the sheriff of said Daviess county, I hereby offer a reward of
Five Thousand Dollars ($5,000.00), and for the conviction of either of
the parties last aforesaid of participation in either of the murders or
robberies above mentioned, I hereby offer a further reward of Five
Thousand Dollars ($5,000.00).
In Testimony Whereof, I have hereunto set my hand and caused
to be affixed the great seal of the State of Missouri. Done
(L. S.) at the City of Jefferson, on this 28th day of July, A. D.
1881.
THOS. T. CRITTENDEN.
By the Governor:
MXCH'L K. MCGBATH, Secretary of State.
On the 7th day of September, 1881, within six weeks
after this proclamation had been issued, as if in grim de-
fiance of the power of the law and the vigilance of the law
officers, a train was stopped and robbed on the line of the
Chicago and Alton Railroad, near Blue Cut, in Jackson
county. The band committing this robbery was under the
leadership of Jesse W. James; and his associates, it is said,
were Frank James, Dick Liddil, Wood Kite, Clarence Hite
and Charles and Robert Ford.
When the proclamation was issued it was said by
cavillers that it would wholly fail in its objects and that
no good would be accomplished by the offer of such large
GOVERNOR THOMAS THEODORE CRITTENDEN. 305
sums of money for the apprehension of those desperate men.
The results which followed so closely upon its issuance
furnish an ample vindication of the policy which inspired
it. No tie, no faith in honorable comradeship, is stronger
with an outlaw than the power of money.
On the 13th day of February, 1882, Bob Ford surrender-
ed to Capt. H. H. Craig, of Kansas City. On the 24th day
of January, 1882, Dick Liddil surrendered to J. R. Timber-
lake, sheriff of Clay county.
On the 13th day of February, 1882, Clarence Hite was
captured in Logan county, Kentucky, by Capt. Craig and
J. R. Timberlake, and was taken to Daviess county, Mis-
souri, where two indictments — one for the murder of William
Westfall and one for participation in the Winston train
robbery — were pending against him. He was arraigned
under the indictment and pleaded guilty to the charge of
robbery, and was, on the same day, sentenced to twenty-
five years' imprisonment in the penitentiary, which sentence
he is now undergoing.
On the 3d day of April, 1882, Jesse W. James was killed
in the city of St. Joseph by Charles and Robert Ford — his
followers and associates in crime. The Fords immediately
surrendered themselves to the legal authorities of Buchanan
county, and were placed in jail.
An indictment charging them with murder in the first
degree, was preferred against them by the grand jury, to
which, at the April term, 1882, they both pleaded guilty
in the Buchanan county circuit court, and were pardoned
by me on the same day, upon the grounds of public policy.
Frank James voluntarily surrendered himself to me, in
my office, in Jefferson City, on the 5th day of October,
1882. I immediately delivered him to the law officers of
Jackson county, where he is now incarcerated in jail, await-
ing trial on one or more indictments.
On the 4th day of December, 1881, Wood Hite was
killed by some one of his confederates in crime, at the resi-
dence of Mrs. Bolton, near Richmond, Ray county, Mis-
souri. Her house had been the headquarters and hid ng
306 MESSAGES AND PROCLAMATIONS OF
place of the outlaws in that part of the State for many
months.
On the 13th day of May, 1882, Robert Ford was
indicted in Ray county for the murder of Wood Hite.
The case was removed by change of venue, to Clinton
county where, on the 26th day of October, 1882, he was
tried and acquitted. He is now under recognizance on a
charge of robbery, as also is his brother, Charles Ford.
On the 7th day of October, 1882, I revoked the proc-
lamation of July 28th, 1881, for the reason that the principal
actors in and perpetrators of, the crimes, are either dead
or in the custody of the law of the State.
Thus was completed the overthrow and destruction
of the most noted and daring band of outlaws known to
ancient or modern history. This grand result, fraught
with so much interest and importance to the people of Mis-
souri, was accomplished by the activity and relentless
energy of the officers and citizens of this State, and partic-
ularly of those in the localities in which the outlaws had
so long found sympathy and concealment. The policy
adopted for the extirpation of these bands received the
co-operation of the Criminal Court of Jackson county
and its officers; and thus there was but little difficulty
in securing a pronounced enforcement of the laws, and
awakening in the minds of the people of that county a
settled determination to remove the stain placed upon
the county by the depredations of these bands, and to
summarily end, at once and forever, the crimes and career
of the organization. In this connection, I desire to publicly
recognize the intelligent and efficient assistance of Capt.
Henry H. Craig, of Kansas City, and Sheriff James R.
Timberlake, of Clay county. The aid rendered by these
gentlemen was invaluable to me, and without it the duty
devolving upon me would have been: much more difficult,
if not altogether impossible, to accomplish. The task they
assumed required fearless courage* extraordinary vigilance
and an unerring selection ©f instrumentalities. They ac-
complished within fourteen months what others for twenty
GOVERNOR THOMAS THEODORE GBITTBNDEN. 307
years had wholly failed to do; and to these gentlemen, more
than to all others, is due the credit of bringing these out-
laws to justice. It also gives me pleasure to recognize
the valuable services of John Cason, sheriff of Saline county,
who was always ready to undergo any labor, danger or
exposure in pursuit of the outlaws. In him Captains
Craig and Timberlake -had an intelligent and faithful co-
adjutor. These brave officers discharged every duty fear-
lessly and well, to which I unhesitatingly bear official
testimony.
I paid twenty thousand dollars in rewards to various
persons for the capture and overthrow of this band of des-
peradoes, not one dollar of which was taken from the State
Treasury. It is not probable that Missouri will again be
cursed and disgraced by the presence of such a band of
men, confederated together for desperate purposes. It is
fully redeemed and acquit of that unwarranted appellation
of "robber State." But an insignificant number of people
in two or three counties gave countenance to such lawless-
ness. Our people, with one accord, heartily approve
of the measures and means employed to compel these
violators of the law to confess its power and majesty, and
applaud the stern, unbending determination of the officers
who contributed so much to the fulfillment of that purpose.
It is done; and Missouri is to-day one of the most
peaceful States in the Union. Fewer crimes are committed
within her borders than in those of surrounding States.
Since my inauguration, three other lawless bands
were formed and operated in different portions of the
State. The "Meyers Gang," composed of six men, was
organized in New Madrid county for the purposes of
robbery and murder. Within, a few weeks after its forma-
tion two of its members were shat to death while resisting
arrest, two were captured, tried under the law and ex-
ecuted, and the other two were sent to the penitentiary
fos their crimes*
A fcand k&owii as the "Mason Gang" was Qrga&md
in Adair county, for the purpose of robbing banks aad com-
308 MESSAGES AND PROCLAMATIONS OF
milting other crimes. It consisted of four men under the
leadership of Frank Mason. In the month of June, 1882,
they robbed a bank at Brookfield, Missouri. Within one
week from the date of the robbery these men were captured,
indicted, tried and sentenced to twenty-five years imprison-
ment, each, in the penitentiary. The Lewis brothers form-
ed a band in Jasper county for similar purposes. Within
a few weeks after commencing their lawless career they
were captured, and are now in jail awaiting trial.
The activity of the officers and citizens of the counties
in which these bands were organized, in capturing and
bringing the evil-doers to justice, demonstrates that the
people of Missouri will no longer submit to the domination
of outlaws. Such determination to suppress crime and
apprehend criminals, sooner or later, brings its own reward,
in peace, in increased wealth and in an intelligent and
desirable immigration. In closing this history of the down-
fall of these lawless bands, I will state that on the 4th day
of June, 1881, I issued a requisition upon the Governor of
the State of Tennessee for one William Ryan, who was
indicted for complicity in the Glendale train robbery,
which occurred on the Chicago and Alton Railroad, in
Jackson county, on the 8th day of October, 1879. Upon
that requisition he was returned to Jackson county, where,
on the 15th day of October, 1881, he was tried, convicted
and sentenced to a term of twenty-five years imprison-
ment in the penitentiary. The expenses ($105.35) in-
curred in Ryan's extradition were, by me, repaid into the
State Treasury on the 20th day of December, 1881, out of
the Five Thousand Dollars reward I had offered for the
arrest and conviction of Ryan, thus placing in the treasury,
from another source, money that had been expended by
the State in the capture of one of the outlaws.
REVENUE.
Under the law, assessments upon all taxable property,
except merchandise, shall be made between the first days
of June and January, and the valuation is placed upon it
GOVERNOR THOMAS THEODORE CRITTENDEN. 309
the first day of June. The taxes upon this assessment are
collected the following fall, being something over a year
after the assessment is made. Real estate gradually in-
creased in valuation in 1880 and 1881 and more rapidly in
1882. The crops in Missouri in 1882 were the largest grown
in many years, some computing that the wheat crop in
Missouri this year will reach 50,000,000 bushels, and the corn
crop 250,000,000 bushels, while the exportation of apples
amounts to 10,000,000 bushels. Proportionally large crops
of potatoes, hemp, oats, flax and various kinds of grasses
were produced.
The assessed valuation of property for 1880 is the assess-
ment upon which the taxes of 1881 are due and paid.
1881.
Real estate $406,104,426 00
Personal property 163 ,265 ,359 00
Railroad companies 30,309,878 85
Bridges 1,695,000 00
Telegraph companies 348 ,219 90
Total $601,722,883 75
1882.
Real estate $442,826,742 00
Personal property 170,813 ,976 00
Railroad companies 33 ,373 ,739 46
Bridges 1,910,000 00
Telegraph companies 342 ,785 40
Total $649,267,242 86
These tables show an increase in valuation in 1882 over
1881, of $47,544,369.11 and a general appreciation in values
in all kinds of property. If the rate of increase in values
is as great this year as last, I think the valuation this year
will exceed $700,000,000. This will spring from two causes:
First, the natural increase in the value of property; and,
second, the introduction of other property into the State.
The taxes are rapidly diminishing in consequence of in-
creased valuations and the rapid growth and development
of the resources of the State. Under the present Constitu-
310 MESSAGES AND PROCLAMATIONS OF
tion, the State tax rate cannot exceed forty cents on the
hundred dollars valuation, one-half of which is set apart for
the payment of the interest on the State debt and the reduc-
tion of that debt, which reduction, under the Constitution
cannot be less than $250,000.00 per annum. Twenty-five
per cent, of the remaining half of the taxes is sacredly set
aside for the support of the public schools of the State. This
leaves only fifteen cents on the hundred dollars for the sup-
port of the State government, the pay of the Legislature,
costs in criminal cases and the maintenance of the various
eleemosynary institutions of the State. No State manages
its affairs more economically. This accounts for its pros-
perous condition. During the present administration the
public debt of the State has been reduced as follows:
la issi
$252,000 00
In 1882
460,000 00
Total . . . .
$712,000 00
This sum shows the amount of bonds taken up and re-
tired since January 10th, 1881, with the surplus revenue,
proper, of the State, and does not include the $250,000
renewal revenue bonds — also paid in 1881 — issued under
act of May 9th, 1879, making a total reduction of $962,000
of the liabilities of the State. If other bonds could have
been called during this year, or purchased at a reasonable
premium, there is now sufficient surplus revenue on hand to
retire $300,000 more of the State's indebtedness.
In the face of this exhibit, I am unable to see the wisdom
or justice of that part of the decree recently made by Judge
McCreary, at Keokuk, Iowa, in the Hannibal & St. Joseph
Railroad case, requiring the State to use the whole or a part
of the $3,000,000— involuntarily received by the State-
in the redemption or purchase of its bonds, or account for the
interest on the money, when the facts show that the surplus
revenues of the State are sufficient to retire its bonded
indebtedness upon maturity, without touching any part of
GOVERNOR THOMAS THEODORE CRITTENDEN. 311
the $3,000,000 — which forces the State to go into the markets
and purchase its bonds at a large premium in order to use
its surplus moneys. The State has no option bonds afloat.
At no previous period has the State's indebtedness been so
rapidly diminished, or the State grown so rapidly, in those
elements which give a State character at home and abroad,
as within the last two years.
The credit for this belongs to the people and their
officials, here and throughout the State, who have performed
their duties so honestly and efficiently. The effect is ob-
served and appreciated abroad. I call your attention to the
following extract from a letter received by me from a repu-
table banking firm in New York city:
"I take the liberty of enclosing quotations at the New York Stock
Exchange of this day of the various securities dealt in there, and beg
leave to call your attention to the quotations of Missouri State bonds.
You will notice that the figures given for Missouri State bonds are 'bids'
only, there being but very few of these bonds for sale; and when any
are offered they bring very much better prices than those stated in the
list. I was in negotiation with a savings bank here to-day and offered
to take their bonds on a basis of 3 34 per cent, investment, and yet our
bid was rejected. This fact should be gratifying to those taking an
interest in the financial affairs of the State of Missouri. By referring to
the quotations you will perceive that the bonds of the State of Missouri
not only compare favorably with all other State bonds but, in point of
fact, will bring more than any State bond dealt in upon our stock ex-
change. I take pleasure in stating to you that your bonds will not only
sell for more than the bonds issued by the States of Connecticut, Michi-
gan, New York, Ohio and Rhode Island, but that they will bring fully
as good prices as Massachusetts State bonds, which at one time ranked
much higher than United States bonds.
"I believe the financial condition of your State at present is such
that you will have no occasion to issue any bonds at present; but were
such not the case, I do not hesitate in saying the bonds of the State bear-
ing 4 per cent, interest could be readily placed at a good premium; and
would your constitution permit the issue of bonds 'free of all taxation/
a bond bearing 3 per cent, interest could be placed at about par. The
above good results were brought about by the prompt payment of all
obligations of the State; by the good management on the part of the
officers of the State having the financial affairs in charge; therefore, to
them the citizens are indebted for the great benefits they are now reaping
and will continue to reap in refunding the debt as occasion may offer.
"1 claim whenever a State is in good financial standing foreign capital
finds its way into that State; and capital, combined with labor, is the
success of a State.
312
MESSAGES AND PROCLAMATIONS OF
"Missouri has the good fortune to have as officers men who are
honest and honorable; men who have demonstrated that all obligations
of the State must be promptly met; that its credit must be sacred and
preserved under all circumstances, and that is the cause why capital
flows into your State, and finds its way very slowly into States that do
not take care of their credit."
This letter gives the present financial status of the
State. It is alike gratifying to the officers and people of
the State, That status is based upon the unswerving honesty
of the State in its business transactions, and upon that other
supremely important business principal of "paying as you
go;" that course always pays in the end — in fact, before the
end is reached.
BALANCE SHEET.
Showing payment by the Hannibal and St. Joseph
Railroad Company, and the investment of the same by the
Fund Commissioners:
Dr.
Cr.
June 20, 1881
July 6, 1881..
August 23,
1882
To Treasurer's receipt . ,
By purchase of H. & St.
J. bond No. 1244
$3,000,000 00
By 1171 U. S. Reg. 4
per cent, and prem-
ium
August 23,
1882. ..
By purchase of 20 Mo.
State bonds proper,
and interest
September
1882. . .
$1,000.00
1,399,345.00
20,200.00
By purchase of 122 Mo.
bonds of sundry se-
ries, including prem-
ium and accrued in-
terest
September 1,
1882
By 156 State bonds,
proper and interest,
called by Fund Com-
missioners
138,399.60
157,560.00
GOVERNOR THOMAS THEODORE CR1TTENDEN.
313
September 1,
1882
September 1,
1882
Total.
By 1270 Renewal Fund-
ing bonds and inter-
est, called by Fund
Commissioners ....
By cash invested in
other State bonds. .
Dr.
$3,000,000.00
Cr.
$1,282,700.00
795.40
$3,000,000.00
On the first day of
amounted to $16,259,000.
the Fund Commissioners
bonds as follows:
January, 1881, the total debt
During the years 1881 and 1882
have redeemed and purchased
In 1881.
Renewal Funding bonds called December 1, 1881 $152,000 00
Renewal Funding bonds called December 31, 1881 98?000 00
State bonds proper purchased 2,000 00
In 1882.
Renewal Funding bonds called March 1, 1882 250,000 00
Renewal Funding bonds called September 1, 1882 1,270,000 00
State bonds proper, called September 1, 1882 156,000 00
Missouri Pacific Railroad bonds purchased 87,000 00
North Missouri Railroad bonds purchased 41 ,000 00
St. Louis & Iron Mountain Railroad bonds purchased. , 29,000 00
Consolidation bonds purchased 41 ?000 00
State bonds proper purchased 104 ,000 00
Cairo and Fulton Railroad bonds purchased 4 , 000 00
State University bonds purchased 1 , 000 00
Penitentiary bonds purchased 1 , 000 00
Northwestern Lunatic Asylum bonds purchased 16,000 00
State Bank Stock Refunding bonds purchased 15,000 00
State Funding bonds purchased 12 ,000 00
Platte County bonds purchased 1 ,000 00
Total $2,280,000 00
314
MESSAGES AND PROCLAMATIONS OF
Deducting the bonds redeemed and purchased in
1881 and 1882, or $2,280,000 from the outstanding debt
January 1st, 1881, and we have remaining $13,979,000
which represents the entire interest bearing debt on the
first day of January, 1883— not including bonds issued to
the Hannibal and St. Joseph Railroad Company. This
debt may be classified as follows:
STATE DEBT JANUARY 1, 1883.
Missouri Pacific Railroad bonds
North Missouri Railroad bonds
St. Louis and Iron Mountain Railroad bonds. . .
Cairo and Fulton Railroad bonds
Platte County Railroad bonds
Consolidation bonds
State bonds proper
State Funding bonds
State Bank Stock Refunding bonds
Penitentiary Indemnity bonds
State University bonds
Northwestern Lunatic Asylum bonds
Missouri six per cent, consolidated certificate of in-
debtedness (School Fund) ......................
Missouri six per cent, consolidated certificate of indebt-
edness (Seminary Fund) ........................
Total
$2,859
1 ,647
1 ,331
261
503
2,670
176
988
89
40
200
184
,000 00
,000 00
,000 00
,000 00
,000 00
,000 00
,000 00
,000 00
,000 00
,000 00
,000 00
,000 00
2,909,000 00
122,000 00
$13,979,000 00
Deducting the certificates of indebtedness held in
trust for the school and seminary funds, the aggregate
bonded indebtedness January 1st, 1883, is $10,948,000, not
including the Hannibal and St. Joseph Railroad bands.
Of this debt $176,000 State bonds proper mature in
1883, and none in 1884.
In addition to State bonds purchased, the Fund Com-
missioners also purchased in 1881 bond No. 1244 of the
Hannibal and St. Joseph Railroad series, leaving the amount
of Hannibal and St. Joseph bonds outstanding $2,999,000.
I think the receipts of the revenue levied upon the
valuation of 1881 and 1882 will be ample to meet the de-
GOVERNOR THOMAS THEODORE CRITTEN0EN. 315
mands of the State until the General Assembly shall again
convene in 1885. This is gratifying to those interested
in its financial condition. Since this administration was
inaugurated the expenditures have been at the minimum.
The necessary cost and expenses of the 3 1st General Assembly
were $112,957 41
Of the Called Session 28,320 84
Total $141 ,278 25
Considering the amount and excellent character of the
work done, we can say that it was money well spent, which
has and will redound to the prosperity of the State. In
connection with this subject, I call your attention to the
necessity for making the office of County Assessor more
desirable to our best business men than it is now. It is,
in my estimation, the most important in the list of county
offices. Upon the action of the Assessor — who is often
wholly incompetent — is ascertained the taxable wealth of
a county; and by aggregating the counties, the wealth of the
State, outside of the cities. If proper assessments were
made, there would be a sufficient increase in the aggregate
valuation to pay the public debt of the State within ten
years. There is a serious wrong in the unequal and in-
sufficient valuation now placed upon all kinds of property,
and the sooner it is corrected the better it will be for the
State and the people. There is an evil somewhere, either
in the system or in the way the duties of the office are ex-
ecuted, which should be remedied at an early day. The
wisdom of this body will suggest a remedy. Otherwise,
the revenue law fully meets the necessity of its existence.
The back-tax law, as construed by the Supreme Court,
has been the means of enforcing the payment of a large
amount of delinquent tax, and it should be sustained by the
voice of the people. Missouri has outgrown the old system,
as operated. Under it, taxes are closely and honestly col-
lected, and those taxes, for State purposes, are gradually
diminishing; and, to lessen the burdens of the people,
316
MESSAGES AN0 PROCLAMATIONS OF
taxes for local purposes should also be diminished in the
counties. Low taxes and the enforcement of the laws in-
sures a happy and prosperous people. Before closing this
subject, I assert that the peace of society is secured; the
State's finances are in a satisfactory condition; the govern-
ment is managed with the strictest economy; the courts
are pure and active in their duties; schools and churches
are found in every neighborhood, and there is a settled
determination in the minds of the people to faithfully
observe every obligation imposed upon them by law, custom
or morality. Since I have been Governor, it has been my
chief aim to protect its morals and its credit.
THE PENITENTIARY,
The table given herein shows the number of prisoners
confined in the penitentiary during the years 1881 and 1882.
It will be seen that there has been an increase of convictions
during the year 1882, and that at the close of the year 1882
there were 113 more convicts in the prison than at the close
of 1881. This does not evidence an increase of crime in the
State; it merely indicates an increase of convictions during
the year last past. Fewer crimes were committed during
the year 1882 than for a corresponding length of time for
many years. There is now a settled determination on the
part of the officers to enforce the laws, punish wrong-doers
and give protection to the honest and industrious.
PRISONERS RECEIVED IN 1881-1882.
1881.
1882.
State 533
United States 4
Returned 15
—552
Males 536
Females 16
—552
Daily average confined in
prison 1205
State for 12 months 613
United States 12 months. ... 7
Returned 15
—635
Males 631
Females 14
—635
Daily average confined in
prison 1318
GOVERNOR THOMAS THEODORE CRITTENDEN.
317
PROCEEDS PRISON LABOR, 1881.
Receipts.
Labor for 1881 $95 , 696 65
Proceeds of sale of
broom factory . . . 16,727 24
Total $112,423 89
Disposition.
Maintenance of peni-
tentiary for 1881 .. $111,161 25
Total $111,161 25
Excess earnings over maintenance, $1,262 64
This sum of $1,262.64 is exclusively the excess of the
receipts over that of expenditures for the daily expenses of
the prison for 1881, and is wholly independent of the loss
sustained by the destructive fire which occurred there on
the night of the llth of May, 1881, an account of which loss
is given below.
Although the loss sustained by the State in consequence
of the fire in May, 1881, was large and notwithstanding the
cost of living in the latter part of 1881, in consequence of
the drought of 1881, was greater than in former years, yet
the management of the prison was so frugal and judicious
that the excess of the maintenance and repairs consequent
by loss by fire over the receipts were only $8,099.85, while
those of the earnings alone over the cost of maintenance
were $6,448.44. These figures present an irrefutable an-
swer to the idle charges of extravagance and carelessness
made by inconsiderate men against the Warden.
PROCEEDS PRISON LABOR, 1882.
Receipts.
Labor 12 months, 1882 ,
$108,891 79
From Treasurer on account of earnings of 1879-80
3,658 22
Total ...
$112,550 01
318
MESSAGES AND PROCLAMATIONS OF
Disposition.
IVf aintenance 1882
$102,080 27
Brickyard machinery
$5,000 00
Woolen mill machinery
4,100 00
Permanent repairs
7,942 93
Pay roll
1,332 14
18,375 07
Total
$120,455 34
Excess 1882 earnings over maintenance, $6,811.52.
Excess of maintenance and repairs over total receipts,
$7,905.63.
The following .tables give an exact statement of the
actual loss sustained by the State in consequence of the fire
of May, 1881, computed from actual purchases made to
replace and from inventory December 31, 1880:
Machine shop inventory, less $2,500.00 for boilers and en-
gine
Woolen factory machinery complete
Wool, warp, yarn, cloth and fixtures destroyed
Difference in cloth between cost of making and purchas-
ing.
Loss in labor
Grist mill complete for corn meal . ,
Loss of bedding, cell furniture, &c .
Hose
Total
Cost of repairs to new cell building. .....
Estimated value of shop buildings de-
stroyed
Total.
$3,308 75
12,000 00
$8,242 92
4,113 11
484 70
847 54
2,543 05
232 48
2,500 00
542 00
$19,505 80
15,038 75
$34', 544 55
The Penitentiary has never been more economically
managed than at the present time. There are fewer idle
prisoners at this season of the year than at any previous
GOVERNOR THOMAS THEODORE CRITTENBEN. 319
corresponding time. Up to the 1st of December there was
not an idle man in the prison. Since the men have been
withdrawn from the brickyards and quarries there are
from one to two hundred prisoners unemployed, with no
immediate prospect of their employment before spring.
These men remain idle in their cells, which necessarily
entails a heavy expense on the state. This is unavoidable,
as there is not sufficient room inside of the walls of the
prison. The walls should be extended or a branch pen-
itentiary be erected in some part of the state.
The health of the prisoners is excellent. The death
rate is remarkably small and cases of serious illness are
rare. No epidemic of any disease has prevailed for years.
The following statement evidences the truth of the above
statements:
During the year 1881, 225 prisoners were admitted to
the hospital and in 1882 to December 1st, 212. Total 437.
The average daily sick, both patient and outside, male
and female, from January 1st, 1881, to December 1st, 1882,
equals 19 or 1.5 per 100.
Deaths in 1881 were males, 21; females, 1. Total 22.
Deaths in 1882 to December 1st, males, 17; females 1.
Total 18.
Deaths total January 1st, 1881, to December 1st, 1882,
40 or 16 to the 1,000.
There are at present seventy-five persons in prison
sentenced to a term of life servitude or to one over twenty
years. As the history of the penitentiary shows that no
prisoner has lived to complete a term of fourteen years,
would it not be wise to so amend the law as to have no
sentence extend beyond twenty years, and giving the con-
vict the advantage of the three-fourths rule, as it now
exists, as an incentive to good behavior? This rule, if
restored, should apply to those prisoners heretofore sent
for over twenty years. Such a change in the law, as above
indicated, would remove those sentences which cannot be
fulfilled except by death, and would give some hope of
320 MESSAGES AND PROCLAMATIONS OF
relief to those men who are now entirely without hope and
without an incentive to good behavior. A man's hope and
life should not be obliterated and destroyed by prison life.
Punish him, but do not degrade him forever by a declaration
of law that a man who enters a prison should leave all hope
behind, should be forever viewed as an enemy of his race,
without being given an opportunity to retrace his fallen
steps or to become a free man again. The presumption is
that all men sent to the penitentiary are bad men. This
is not true; many of them are bad — very bad men — but
there are some within those darkened walls who have been
trained in the way they should go, who have occupied honor-
able positions in life and filled the measure of good citizen-
ship until at some impassioned and misguided moment, a
crime has been committed, the law violated and they are
sentenced to a long term in prison. Should not such men
have a chance for reformation and restoration to the better
walks of life? Governor Horatio Seymour of New York, in
speaking upon this subject, has spoken as follows: "Prison-
ers are men like ourselves; and if we would learn the dangers
which lurk in our pathway, we must learn how they stum-
bled and fell. I do not doubt but some men are more prone
to vice than others; but, after listening to thousands of
prayers for pardon, I can hardly recall a case where I do
not feel that I might have fallen as my fellow man had done,
if I had been subjected to the same demoralizing influences
and pressed by the same temptations. I repeat here what
I have said on other occasions, that after a long experience
with men in all conditions of life, after having felt as much as
most men the harsh injustice springing from the strife and
passions of the world, I have constantly learned to think
more kindly of the hearts of men, and to think less of their
heads. We love to think that the inmates of cells are unlike
ourselves. We would like to disown our common humanity
with the downcast and depraved. We are apt to thank
God we are not like other men; but with closer study and
deeper thought, we find they are ourselves under different
circumstances. And the circumstances that made them
GOVERNOR THOMAS THEODORE CRITTENDEN. 321
what they are abound in our civilization and may at any
time make others fall who do not dream of danger."
Any sentence beyond twenty years makes the pen-
itentiary an inevitable graveyard to that man. This
should be avoided. The Legislature should give the subject
due consideration. In obedience to Section 8, Art. 5, of
the Constitution, I communicate to your bodies each case
of pardon with name of convict, sentence, etc. I have
pardoned fifty-four men and women convicted of various
felonies within the last two years, upon my own motion;
upon the recommendation of the citizens, and often the
judges and prosecuting attorneys of the counties from
which they were sentenced, and upon the written request
of the Surgeon and Board of Inspectors of the prison. I
have pardoned fewer convicts from the penitentiary within
the same length of time than any of my predecessors, except
one, within the last decade. I recommend the erection of a
chapel and library, and as soon as the chapel is completed,
the employment of a permanent chaplain to daily look after
the spiritual and moral condition of the prisoners. Ex-
perience demonstrates beyond question the moral influences
of religious worship upon prisoners. It benefits them to
recall the memory of such training in earlier years. With
punishment we should blend as much of an opportunity
for reformation and exhibit as much mercy as compatible
with the public interests. I am not seeking to make this
an ideal prison. Such do not exist anywhere. The history
of all prison life teaches that where prisoners are well fed
on substantial food, comfortably quartered and clothed and
provided with good library facilities and chapel services,
they become more contented and serviceable to the state,
and demand less punishment of any kind. It is wise, it
is humane, to pursue the course that will dispense with the
necessity for harsh punishment. This prison is compara-
tively free from severe punishment. This prison is com-
paratively free from severe punishment, and especially is
it free from that kind of punishment which destroys the
mental and physical faculties of the prisoners. It is gradual-
322 MESSAGES AND PROCLAMATIONS OF
ly assuming the position of being one of the model pris(
of the States in the physical condition of the inmates, 1
system of its organization and the results of its labors, a
it will advance still higher under the present judick
management.
There are several features of the law regulating pei
servitude, which should be remedied and others incor]
rated.
1. The inequality of sentences under the same 1
and for the same grade of crime. Often the old, harden
criminal, with a life full of crime, receives a short senten
while a mere boy, charged with his first offense, receives
much more severe sentence for the same crime. No lo;
can convince the young criminal of the justice of a law whi
will permit such a disparity; and as long as he remains
that opinion he is not susceptible to reformatory influenc
This evil should be remedied, both by the law and the cour
It can be remedied by a graduation of sentences.
2. Boys under 20 years of age should not be sent
the penitentiary. If they are, the association of the you
and inexperienced in crime with the old and incorrigih
vicious should be prohibited by prison rules formulat
under the law.
3. The reading of daily papers, whose columns $
filled with detailed recitals of every manner of crime, shou
be excluded from the prisons, and only religious weekli
and periodicals should be allowed circulation among t
convicts. It is an indisputable fact that* with a gre
majority of convicts, the columns telling of violence, frai
and crime are the first to be read.
4. As far as possible, prisoners of the same age ai
grade of crime should be grouped together at work and
their cells.
5. If a permanent chaplain is employed at the pris<
he should be required to teach a Sunday prison schoc
under the direction of the Board of Inspectors and Warde
In many prisons such schools are successfully and ben
ficially taught — spelling, reading, arithmetic, writing ai
GOVERNOR THOMAS THEODORE CRITTENDEN. 323
geography being the most useful branches taught in these
schools. Education is a preventive of crime and a remedy
for vicious associations.
COSTS IN CRIMINAL CASES.
There was appropriated by the last General Assembly
for the payment of costs in criminal cases for 1881 and 1882,
$340,000 00
There has been expended 297,270 00
Leaving a balance of $42,279 30
Considering the very large number of prosecutions and
convictions within the last two years, and that crime of
every grade has been so well held in check, this economy
is creditable to the courts and officers of the law.
The following table shows the expenditure of such costs
for the last twelve years.
1869-70
$414,954 86
1871-72
344 078 38
1873-74
386,34fe 07
1875-76
360,606 69
1877-78
511,547 90
1879-80
376,578 61
1881-82
279,270 70
My predecessor wisely said, in his message to the 30th
General Assembly:
"There was formerly a statute which provided that in
all criminal cases there should be a lien on all the property of
the defendant for the payment of costs and fine which might
be adjudged against him, and which lien should date from
the day of the arrest of defendant, or from the date of the
indictment found, whichever might first happen. I advise
a similar provision be adopted. Criminals sentenced to the
penitentiary are sometimes kept in the jails many days
after the judgment and sentence has been rendered, and
324 MESSAGES AND PROCLAMATIONS OF
when no appeal or writ of error is pending. This entails
additional expense to the State; for the cost of feeding a
convict in the penitentiary is about ten cents per day,
whilst in the jails it is fifty cents per day. This unnecessary
delay in sending convicts to the penitentiary should be
remedied."
RAILROADS.
I invite the attention of the Legislature to the Seventh
Annual Report of the Board of Railroad Commissioners.
It is full of Valuable matter. The board has discharged its
duties with fidelity and intelligence; exciting, by its just
action, no deserved criticism from the people or the cor-
porations, and having the great interests of both under con-
stant consideration, with but one object in view — to so
adjust the rights of each, according to the principles of
justice, that both may be saved from bickering and hos-
tility. I present a comparison of the year 1882 with those of
1880 and 1881, showing the per cent, of gain in the leading
features of railroad business, which exhibits the prosperous
conditions of the roads:
Number of miles of railroad in Missouri in 1882
4,500
Number in process of construction
150
Increase of 1882 over 1881
266
Increase of 1882 over 1880
494
Capital stock on railroads -at close of 1882
$135,000,000
Bonded debts on railroads at close of 1882, . . . r
148,500,000
Total stock and debts
283,500,000
Increase of 1882 over 1881
16,758,000
Increase of 1882 over 1880
59,108,000
Gross earnings in 1882
33,000,000
Increase of same over 1881
6,000,000
Increase of same over 1880 .... . . .
10,600,000
Oj>erating expenses in 1882
22,000,000
Net earnings in 1882
11,000,000
From this $11,000,000 is to be paid the interest on the
$148,500,000 of debts which amounts to about $8,880,000,
GOVERNOR THOMAS THEODORE CRITTENDEN.
325
and the balance, $2,120,000, to be divided between the holders
of stock:
Per cent, of increase of net earnings of 1882 over 1881 . . .
Per cent, of increase of net earnings of 1881 over 1881 . , .
Gross receipts on passengers, 1882
Gross receipts on passengers, 1881
Gross receipts on passengers, 1880
Gross receipts on freights, 1882
Gross receipts on freights, 1881
Gross receipts on freights, 1880
Gross receipts on miscellaneous earnings from transporta-
tion, 1882
Gross receipts on miscellaneous earnings from transporta-
tion, 1881
Gross receipts on miscellaneous earnings from transporta-
tion, 1880 '
.22
.20
$7,260,000
5,940,000
4,928,000
24,090,000
19,710,000
16,352,000
1,650,000
1,350,000
1,120,000
The cost of transportation (to the companies) has
gradually diminished for several years past, resulting in
part from the largely increased volume of tonnage and
travel, and so distributed as to employ their machinery
profitably in passing to and fro, along the whole part of the
line. The cost to the public (z. e. rates) has been 25 per cent,
less since March, 1878, than before; resulting from the
operation of the law of 1875, as administered by the Rail-
road Commissioners. This has saved to the people $25>-
000,000 in five years.
Number of persons employed on railroads in Missouri
in 1882
Average number to mile of road
Highest local passenger rate, 1882
Lowest through rate reported ,
Average on all under (tending downward)
Average freight rate (very little change since 1880)
24,750
5 1-2
4 cents.
2 cents.
1 1-2 cents.
The general condition of the roads is good and con-
stantly improving, the exception being on short lines with
light traffic. Iron rails are being replaced with steel, and
iron bridges are replacing wooden ones. The first 240 miles
326 MESSAGES AND PROCLAMATIONS OF
of the St. Louis and San Francisco Railroad is a specimen of
excellent track. The capital represented in the roads is
shown by the bond account to be $283,500,000. Their
cash cost to the companies cannot now be ascertained.
The road-beds generally throughout the State are in ex-
cellent condition, and are being constantly improved by
labor, and with the safest modern appliances, such as steel
rails, iron bridges, trestles with embankments, reducing the
sharp curves and heavy grades, and extending over the
trunk lines, substantial stone ballasting. The companies
repair suggested faults and defects in their road-beds and
machinery with alacrity, and we may congratulate them
upon the greatly improved condition of their road-beds and
character of their coaches and mail and express cars and
locomotives; the acceleration of speed with which they move
their trains, and the politeness and vigilance of the officers
and employes of the various roads.
Along the lines of the old roads are still seen many old
sombre-looking depots, which were erected at an early day
in their history, and which should be replaced by buildings
of more modern architecture, in keeping with the prosperity
of the roads. I am satisfied that the managers of our
railroads will see the necessity for such changes, and will
further elevate their roads in the public esteem by these
additional improvements. Section 17 of Art. 12, of the
Constitution forbids the consolidation of parallel or com-
peting lines of railroads within this State. This section
was not inserted in the Constitution for the purpose of
arraying the police power of the State against the roads,
but to prevent their franchises and privileges from being
used against the interests of the people, and converted into
powers to oppress those who invoked them into existence.
I do not know that such consolidations as are prohibited
by the Constitution have taken place. It is worthy of the
consideration of the proper tribunal, and should receive
judicial investigation. The Constitution declares that the
question shall be decided by a jury, upon proper issues
made in the courts. The liberties of no people are safe
GOVERNOR THOMAS THEODORE CRITTENDEN. 327
who suffer their laws or organic acts to be violated by any
individual or combination of individuals. If one or more
corporations have disregarded this section of the law, they
should be dealt with in the manner prescribed by the law.
Those immense powers should yield implicit obedience to the
law like individuals, receiving its benefits and protection
when in submission to its requirements, and its punishment
and penalties when they defy its powers. There should be
the most amicable feelings between these corporations and
the State, each being essential to the prosperity of the other.
The State and various counties having expended large sums
of money in the construction of these roads, for the purpose
of increasing their population, developing their resources,
adding taxable wealth to communities and supplying cheap
and rapid transportation to their citizens and tonnage, can-
not view them otherwise than as indispensable public
blessings, and cannot fail to recognize their important and
friendly relations by impartial legislation.
However rapid may have been the growth of Missouri
in the past, surpassing, in the increase of her population and
magnitude of her wealth, many older States, there are yet
millions of acres of unoccupied land within her broad limits
awaiting the investment of domestic and foreign capital in
railroads in order to make their markets accessible and make
fhem the homes of an industrious people. This capital
will seek investment in fhose States whose legislation is not
inimical to its reasonable remuneration, and will permit it
to reap returns upon capital actually invested, equal to the
profits realized by capital invested in the ordinary classes
of business. If the same wisdom characterizes the legis-
lation of this State in the future, as in the past, we may
reasonably expect large investments in railroad construc-
tion, and the creation of thousands of new homes upon those
idle acres of land. Such investments are now seeking
Missouri, and will continue to come — so I am assured —
provided it is not repelled by illiberal and arbitrary legisla-
tion. The future prosperity of the State, as well as the
fullest development of her resources, will depend upon the
328 MESSAGES AND PROCLAMATIONS OF
enactment of liberal laws and their inforcement against
all classes of violators. A prominent Western daily journal
said: "The railroads should be fair with the people, and
the people should be just to the roads." If that idea is
adopted by both parties, both will be benefited to a greater
degree than if an antagonism existed between the two.
I call your attention to the necessity for an amendment
of sections 83 and 842 of the Revised Statutes of 1879, shown
on pages 157 and 158 of the 7th annual report of the Board
of Railroad Commissioners, and the reasons for these amend-
ments, as shown on pages 15 to 21, inclusive, of same report.
I suggest the propriety of amending sections 792, 841 (as
amended by act of March 17th, 1881), and 843. The effects
of these amendments will be to render a perfect classifica-
tion of freight possible; whereas, as the law now is, it is
impossible to extend the limitation of rates to all articles
of freight, where it is now applicable to only a part of
them; to make sections 833 and 835 consistent with section
842 as amended; to simplify the enforcement of the law of
rates, to collect all matter pertaining to returns from rail-
road companies to the Commissioners into one section; to
remove discrepancies in regard to same, and to enable the
Commissioners to simplify it, to place in a separate section
the matter of reports of the Commissioners to the Governor,
and to provide for the publication and distribution of the
same; to require the Commissioners t© inspect the railroads
twice a year, and to investigate the causes of accidents.
COMMON SCHOOLS.
What is said hereafter of the State University and
Normal Schools covers so completely my views on all grades
of education that but little can or will be said under this
head. The common schools of the State are in a prosperous
condition, as will be shown by the data subsequently given.
On the 1st of January, 1883* closes the official career
of Hon. R. D. Shannon, as Superintendent of the Public
School system of this State. He has filled the office for the
GOVERNOR THOMAS THEODORE CRITTENDEN.
329
last eight years with ability, wisdom and efficiency. To no
one who has occupied that office, does Missouri and the
cause of education owe more for the simplicity and excel-
lency of the school law and the good results flowing from its
management, than to Dr. Shannon. He has done his
duty well and his deeds will follow him. I refer the General
Assembly to his late report, which fully sets forth wherein
the school law is defective and should be amended.
Although the following facts collated by Dr. Shannon
have already been presented in one of the public journals
in St. Louis, I deem them sufficiently important to present
to you:
SCHOOL FUNDS OF THE STATE.
Total amount of permanent productive funds in the
several counties, (county, township, etc.,) and in
thecity of St. Louis $6,124,083 84
Add State Fund (proper) 2,912,517 66
Add Seminary Fund 122,095 08
Add Agricultural College Fund (sale of lands) 213,000 00
Total $9,371,696 58
Add University Fund (bonds not heretofore reported). . 200,000 00
And we have $9 ,371 ,696 58
Comparing these figures with those given in the last
published report of the school Department, (1880)
we will find an increase in the county funds (actual
increase or part not heretofore reported by county
clerks) in two years of $205 , 165 87
In the State Fund of 2,725 00
And the University Funds of 313,000 00
Total increase $520,890 87
The report of 1880 showed that Missouri was the
second State in the Union in the amount of permanent funds
set apart for public education — Indiana surpassing her $114,-
449.02. But as Indiana has no ceunty or township funds
330 MESSAGES AND PROCLAMATIONS OF
and no fixed or certain provisions for the increase of her
State fund, Missouri has advanced beyond her, and now has
considerably the largest amount of funds devoted to public
education of any State in the Union.
Nor does the amount above given represent all of our
school funds. The fines, forfeitures and penalties realized
during the year belong to the county school funds. During
the last school year the county clerks report the amount
collected as $91,168.91. I have not included them in the
statement of the amount of the funds, for the reason that a
few clerks reported that they included the fines, etc., in
their reports of the amounts of the county funds; and I
have no means of determining the exact amount thus er-
roneously placed. Still, I am sure not many thousand
dollars were thus reported.
SCHOOL CENSUS (1882).
Total enumeration
741,632
Total enrollment
488,091
Per cent of enrollment to enumeration
.6581
This is an increase (in 2 years) of enumeration of
18.148
And an increase (in 2 years) of enrollment of
5.105
Considering the facts that our school age is between 6
and 20 years (covered by the enumeration), that very few
attend school after the 18th year, and very many not after
the 16th year; that the enrollment does not include those
attending private, denominational or parochial schools, the
University, the four Normals, or the schools of other States;
while the enumeration includes all of these, the per cent, of
enrollment or attendance is seen to be most excellent.
Indeed, I do not believe that it is surpassed in any State.
EXPENDITURES.
For the last school year
Which is a per capita, on enumeration, of.
Which is a per capita, on attendance, of . .
5,468,738 67
4.677
7.106
GOVERNOR THOMAS THEODORE CRITTENDEN. 331
It must be borne in mind that five large, wealthy and
populous counties make no report of expenditures (on ac-
count of township organization), while they do report
school population and receipts. The five doubtless ex-
pended $150,000 for schools.
School houses owned.
Increase over 1880. . .
Schools in operation (white) 8,321, (colored) 501 —
total .
Increase (white) 172, (colored) 9 — total increase.
Teachers' wages paid
Increase over 1880
Number of teachers employed
Decrease since 1880
Average salaries paid teachers per year
8,272
23
8,822
181
$2,226,609 58
8,972 22
10,607
1,052
$209 91
It is impossible to tell the average nufriber of months
schools have been taught, owing to the defective reports
made to the Superintendent's office; but assuming that
average to be five months, and I think it will not exceed
five, the average monthly salary of teachers would be $41.98.
The estimated value of school property in the State,
exclusive of the University, four Normal schools and the
schools for the blind and deaf and dumb, is $7,521,695.08.
An increase since 1880 of
$168,293 86
The estimated seating capacity of the schools is
516,942
An increase of
27,807
The total amount of taxes levied by the school dis-
tricts (DeKalb and Macon counties not included) is $2,-
286,191.66, which is $0.41 on the $100 of assessed valua-
tion of taxable property for State and county purposes.
NORMAL SCHOOLS.
The three Normal Schools, located respectively at
Kirksville, Warrensburg and Cape Girardeau, are in a
flourishing condition. They are situated in three of the
332 MESSAGES AND PROCLAMATIONS OF
geographical divisions of the State and are easy of access
by rail at all seasons — the one at Cape Girardeau being
also accessible by water. They are located in communities
distinguished for their intelligence and morality, and have
grown into public commendation and patronage so rapidly
that they may now be considered an indispensable part of
the educational system of Missouri. No State is assuming
a" more prominent and pronounced position in favor of all
grades of education than Missouri. Beginning with the
Kindergarten system in cities and towns, ascending to the
common school grade, the school of manual training, the
high school, the Normal School, the School of Mines, the
denominational colleges in various sections of the State,
Washington University in St. Louis, and to the State
University at Columbia. These form an educational unity
of which no defence is required, as its perfection is rapidly
passing beyond the limits of just criticism. Few, if any,
of the other States have a larger or more safely secured
school fund than this State.
There have been enrolled during the present school
year at the Warrensburg Normal School 364 students,
being a net gain of 85, or more than thirty per cent, over the
enrollment of the corresponding date of last year. This
does not include the school of practice, which enrolls 69.
During the last school year 365 students matriculated,
all of whom filed written declarations of their intention to
teach in this State. One hundred and seven were teachers of
som£ experience before matriculation, and 239 designed
making this profession their permanent calling. Of the
number registered last year, 388 were residents of Missouri
and 7 from other States. The attendance from this State
represented 33 counties. The occupations of the parents
of these students are as follows: Farmers, 68; mechanics,
9; all other callings, 23.
The number of students enrolled at the Kirksville
school during the year ending June, 1882, was 481. Number
enrolled present year, up to December 1, 1882, 350. Not
having information before me, I am unable to state the
GOVERNOR THOMAS THEODORE CRITTENDEN. 333
number of counties represented by the students in this
school, the number who have taught or intend making
teaching their calling, or the occupations of their parents.
This school has an enviable reputation secured by the
thoroughness of its curriculum, and by the excellent qualifica-
tions, character and devotion of its corps of teachers.
There were enrolled at the Cape Girardeau School last
year 225 students. This year, to December 1st, 211, with
the expectation that it will reach 300. Considering that
this school is, by several years, the junior of the other
Normal Schools, and is situated in a part of the State less
populous than are the communities surrounding the others,
it has an enviable record. It is under the management of
one of the best and most ardent educators in the State,
whose reputation is co-extensive with its limits. He is
supported by an able and zealous corps of teachers. Its
location is not surpassed by the other schools in those
elements which enter into the success of such an institution.
These schools have grown in popularity during the last
two years as the public realizes more and more the virtues
of the system through the efficiency of the teachers they
send out. Heretofore the State has depended largely upon
teachers from a distance to supply the demands of our public
schools. Now they go forth from our Normal Schools,
equally as well — and in most instances better — qualified
than the foreign teachers, and additionally equipped with a
grateful interest in the progress of the schools of our State,
which has, through its generosity, supplied them with such
ample opportunities for education. There is a constantly
increasing demand made on these schools for trained teachers,
which, I regret to say, the schools have not been able to
supply. The Legislature should give these schools every
legitimate facility for meeting, these demands. It is the
most economical way of expending the public revenues.
School houses are more honorable and profitable to the
State than ignorance* crime and prisons. The late census
shows the startling fact Uiat of the illiterate residents above
the age of ten and unable to read, Missouri stands 2&th in
334 MESSAGES AND PROCLAMATIONS OF
the list of forty-seven States and Territories — 8 9-10 of
her population being in that unfortunate condition, while
208,754 of her population are unable to write. It may be
that a large per centage of this illiteracy exists among the
colored population. Even if this be true, it should not be
allowed to remain so, and steps should be taken at once to
remedy this great evil No State does its full duty to itself
or its citizens until it affords every convenience and op-
portunity— with or without cost — for the education, to a
reasonable extent, of every child within its limits.
LINCOLN INSTITUTE.
This institution belongs to the Normal School system of
Missouri. During the last school year it matriculated 148
students. The number matriculated this year, to date,
is 130, as against 125 at the corresponding date last year.
It was established by the liberality of colored soldiers
for the purpose of educating the colored youths of this
State, to the end that some — if not all — of them might be-
come teachers in the schools set apart for that race. The
school has proven a success, especially so since it has been
placed under the management of Prof. Page, who is one of
the most competent and diligent educators in the State, and
whose devotion to the cause has placed the institution over
which he presides upon the elevated ground of being worthy
of the consideration of the Legislature and patronage of the
State. The prejudice that once existed against it is rapidly
subsiding, which is in part, at least, attributable to the fact
that its course, as far as it goes, is thorough in morals as
well as in mental improvement, and that it is, alone, an
educational institution for the enlightenment and advance-
ment of the colored students, male and female, who attend
it. It supplies a demand that no other institution in the
State could supply; therefore, it should be recognized as
one of the permanent and indispensable colleges of the
State. The necessity of the situation demands the greate s
assiduity and care in the education of the colored children
GOVERNOR THOMAS THEODORE CRITTENDEN. 335
of the land; as, in so doing, we make of them better men and
women and more useful citizens, and afford home means
of educating their guardians and parents who had no educa-
tional advantages in their earlier years. We, to-day, have
imposed upon us by the law of the land — as well as by the
dictates of common humanity — the double duty of educat-
ing both the young and the old of this race, and we should
allow neither neglect, prejudice nor indifference to swerve us
from this obligation. The old cry that "it will do no good"
has already been proven to be fallacious and we should
ignore it without regret. It is in opposition to all the
teachings of the past and the Christian sentiment of the
present. The four Normal buildings require — to a greater
or less extent — immediate repairs in order to preserve them
from decay and render them comfortable for the students.
Under the provisions of an act entitled "An act requiring
the Governor to appoint a special committee of the General
Assembly to visit and examine the institutions of the State,"
approved March 3d, 1881, I have appointed Hon. T. V.
Bryant upon the part of the Senate, and Hons. Harry
Lander and C. H. Storts upon the part of the House as
such committee, to visit and examine all of the State in-
stitutions except those located at the seat of government.
The committee will make a report to you "showing the con-
dition and management of said institutions * * * and
such other facts and recommendations as may be deemed
pertinent for your information." They will report to the
General Assembly what architectural changes, repairs and
improvements are necessary in the various State institu-
tions to fully equip them for the purposes for which they
were designed, except in the case of Lincoln institute.
This school being located at the seat of government, the
committee has no authority to examine it. I therefore call
your attention to the special necessity for an examination
into the wants of the school by the Legislature. The last
General Assembly appropriated $5,000 to be used in the
erection of a dormitory at the Institute, This sum was not
sufficient to complete it. A sufficient sum ought to be
336 MESSAGES AND PROCLAMATIONS OF
appropriated by this Legislature to complete the dormitory
and make necessary improvements upon the main buildings.
For a detailed statement of the needs of the school I refer
you to the report made to your respective bodies.
THE STATE UNIVERSITY.
The University of the State continues to prosper under
its present efficient and enlightened management. Despite
the failure of crops in 1881 and the hard times consequent
thereon, the number of students in attendance upon the
various departments of the institution will, for the year
1882-83, reach upwards of five hundred.
Each department of the University is in good working
order, the various chairs being filled by able and learned
professors. With the present prosperous condition of the
State, there is a fair promise that in the future the number
of students will be largely increased, and that the institu-
tion will continue to meet the enlightened purposes for
which it was originally founded.
Our State has an excellent educational system when
properly analyzed and understood, and in this connection
the true character of this public school system cannot be too
earnestly or too frequently impressed upon the intelligent
public mind. The fundamental idea of our system of free
government is that it must rest upon the morality, intelli-
gence and culture of the peo,ple. It embraces in its scope
not only the common, schools but also the higher instruc-
tion, provided for the University; the one is intended to
supplement the other; they give mutual strength and both
are needed to insure that better intelligence so essential to
good citizenship in a free country.
Even prior to, the adoption, of the first State Con-
stitution, of Missouri this, was* tha thought which guided the
enlightened mea. ol that day. Under the "Enabling act of
Match 6th, 1&2Q" which aathoriz&d tie inhabitants of the
territory to organize themselves into a State, provision
was made for common schools by the dedication of every
GOVERNOR THOMAS THEODORE CRITTENDEN. 337
sixteenth section of the public land for this object, and at
the same time setting apart two townships of the public
land for the founding of "A University for the promotion of
the arts, sciences and literature." Thus the common school
and University were inseparably blended. The lower and
higher education were thus provided for in the same ''En-
abling ad" and "came to birth with the birth of the State itself.9'
"One University, many common schools, which meant
concentration for the higher education, diffusion for the
lower." Thus it is that these two parts of the same system
were established at the same time for the education of the
people. This was the provision made by the wise and
intelligent men who laid the foundations of our State
government more than a half century ago; this was the
system which they pledged themselves to encourage and
maintain, and which they deemed necessary to afford that
culture to all who might inhabit the State in the future, and
which would enable them to be honorably associated with
citizens residing in the other States which might compose
the American Union. And who in this age of progress
would change this system? Who would not fortify,
strengthen and maintain it and thus enable the youth of
Missouri, male and female, to enjoy advantages of educa-
tion equal to those of any other State or country?
It is creditable to the people that in the first Constitu-
tion adopted by them when Missouri was admitted as a
State into the Union, the system of education above de-
scribed was incorporated, and amid all the political changes
and fluctuations of parties which have since occurred, and in
every Constitution under which the people have lived down
to this time, the same system has been recognized and a
solemn pledge given to maintain it. It was embodied in
the Constitution of 1865, and with only a change of phrase-
ology it is found ia the present Constitution, adopted in
1875. In article eleven, section one, we find the following:
SECTION 1. A general diffusion of knowledge arid
intelligence being essential to the preservation of the rights
and liberties of the people, the General Assembly shall
338 MESSAGES AND PROCLAMATIONS OF
establish and maintain free schools for the gratuitous in-
struction of all persons in this State between the ages of six
and twenty one years.
And in section five of the same article we have the
following explicit language:
"The General Assembly shall, whenever the Public School
Fund shall permit, and the actual necessity of the same may
require, aid and maintain the State University, now established,
with its present Departments."
How is this public school system to be sustained? In
article eleven, section six, subject, Education, will be found a
clear and distinct definition of what shall constitute the
"Public School Fund," and which fund "shall be securely
invested^9 and "sacredly preserved" as "a Public School
Fund," the annual income of which fund, together with as
much of the ordinary revenue of the State as may be neces-
sary, shall be faithfully appropriated for establishing and
maintaining the free schools and the University in this
article provided for, and for no other uses or purposes whatso-
ever.
Under the latter clause of this section not less than 25
per cent, of the State revenues has been for many years past
set apart for the purposes named in said section. It has
never been definitely settled what portion of the above fund,
or of the income thereon, shall be set apart for the free
"public schools," and what part for establishing and main-
taining the "State University" This question has therefore
caused some embarrassment, and as certainty of annual
income both for the free public schools and for the Uni-
versity is a matter of vital concern, I call your attention to
it in order that the same may be equitably settled by proper
legislation; and if it is deemed the wisest policy to set apart
for the free public schools the whole amount of the 25 per
cent, of the State revenue, then it would seem but fair and
just, as well as in strict accordance with the letter and spirit
of the Constitution, that an amount commensurate with the
wants of the University, as recommended by its Board of
Curators, should be appropriated, out of the remaining
GOVERNOR THOMAS THEODORE CRITTENDEN. 339
revenues or other funds belonging to the State and not
otherwise appropriated.
A PERMANENT ENDOWMENT FUND.
In this connection it is proper to call your attention to
the State providing a permanent endowment fund for the
University. If this were adequately done and the fund
profitably and safely invested, the annual interest thereon
could stand in lieu of the appropriations now asked for at
each meeting of the General Assembly. This policy would
not increase the expense of the State, whilst it would insure
certainty and uniformity of income upon which the author-
ities of the University could always rely, and at the same
time relieve the General Assembly of the contests which
usually attend the passage of laws making the appropria-
tions. When it is remembered that no part of the per-
manent fund belonging to the University has been granted
by the State, but has been derived wholly from local sub-
scriptions and other sources, the justice and propriety of the
demand for a permanent endowment will be readily. recog-
nized.
It has not been unusual for other States much younger,
less populous and possessing far less wealth than Missouri
thus to endow colleges and universities belonging to and
under the control and government of the States, and bear-
ing the same relation to the State in which they are located
that the State University bears to the State of Missouri.
Michigan, admitted into the Union in 1837, seventeen years
after Missouri, has appropriated for her university proper
for buildings and permanent improvements, $344,000.
For permanent endowment fund, $480,000, on which the
State, pays 7 per cent, interest. The standing annual
appropriation for the University is in addition, $46,500.
And at every session of the legislature extra appropriations
are made for current expenses.
The Agricultural College of Michigan is not connected
with the University, but is located at Lansing. For the
support of this institution for lands, erection of buildings,
340 MESSAGES AND PROCLAMATIONS OF
fixtures and permanent improvements, the State has ap-
propriated the sum of $581,756. The endowment fund
amounts to $173,418, on which the State pays 7 per cent,
interest quarterly.
California, admitted into the Union in I860, thirty years
after Missouri, has appropriated for her University proper,
for buildings and equipments, the sum of $440,710. State
permanent endowment fund $870,000, on which the State
pays 6 per cent, interest annually for the support of the in-
stitution* $52,200.
In California the Agricultural and Mechanical College
is made a part of the University, the same as ours. For
buildings and for the support of this department, the State
has appropriated $276,897.
INVESTMENT OF THE PUBLIC SCHOOL FUND.
Under the law a large part of the funds belonging to the
common school, formerly held in bonds of the State of Mis-
souri, have been invested in a certificate of indebtedness of
the State, bearing six per cent, interest per annum. This
certificate is intended to be perpetual, and affords a safe
and permanent investment of these funds.
There are other funds belonging to the Public School
Fund of the State, held also in bonds of the State of Mis-
souri, now called in for redemption. This fund amounts to
upwards of $200,000, arising from the sale of Agricultural
College Lands made by the Board of Curators during the
last year. These funds, under the law, are for the benefit
of the Agricultural and Mechanical College, located at
Columbia, and the School of Mines, at Rolla. Under the
restrictions of the State Constitution the Board of Curators
meet with some embarrassment in reinvesting these funds;
to provide for their security and permanence, it "is recom-
mended that a certificate of indebtedness on the part of the
State be- issued for the amount of these funds similar to the
certificate above referred to, issued for the benefit of the
common schools, and bearing the sam$ rate of interest now
GOVERNOR THOMAS THEODORE CRITTENDEN. 341
paid upon the bonds. There will be other funds derived
from the same source and other sources paid into the State
Treasury for the benefit of the Public School Fund of the
State, and it is recommended that the law passed at the
last session of the General Assembly "To encourage and
increase the Public School Fund of the State," be so amended
as to authorize the issuance of a common State certificate
for all such moneys thus added to the Public School Fund.
As our population and wealth increase, it will offer an
inducement and encourage persons benevolently inclined to
dedicate a portion of their means to the sacred cause of
education. A policy kindred to this has been successfully
pursued by a number of States of the Union, as in the cases
of Michigan and California above referred to, and many
others that might be mentioned. The State, so deeply
interested in all that pertains to the education of the rising
generation, will always find ample use for any moneys thus
likely to be added to the Public School Fund. The State
thus becomes the trustee for funds given or granted for
public educational purposes, holding them in her own hands,
and having a guarantee at the same time that the interest
on all such funds is sacredly expended for the precise objects
for which they were granted or'donated.
THE UNIVERSITY COMPOSED OF VARIOUS COLLEGES.
Unlike many colleges under control of the different
States, the policy of concentration has been mainly pursued
in Missouri. The University consists of various depart-
ments or colleges, the management of a common govern-
ment, and where, without the expense of multiplication,
the different professors are utilized in each, as their services
may be needed. In addition to the courses in science,
literature and art, usually taught in colleges, there are in
the University the Departments of Agriculture and Horti-
culture; the Normal Department; the Department of Civil
Engineering, together with the professional schools.
342 MESSAGES AND 'PROCLAMATIONS OF
Besides the great saving of expense, there are many
advantages secured to the youth of the State by this as-
sociation of various schools under one government. With
the prospective increase of students, it will be at once seen
that there is an imperative necessity for more room, either
in the enlargement of present buildings or the erection of
others, all available space being now fully occupied.
IMPROVEMENT OF THE AGRICULTURAL COLLEGE FARM.
Under the Jaw of Congress of July 2d, 1862, there
were certain conditions attached, to which the assent of
each State accepting the grant should be given. On March
17th, 1863, the General Assembly, by resolution assented
to all of said conditions, and pledged the faith of the State
to the faithful performance of the trust therein created.
Among these conditions was fhe following: "Second — No
portion of said fund, nor the interest thereon, shall be applied,
directly or indirectly, under any pretense whatever, in making
improvements; in the purchase, erection, preservation or repair
of ami building or buildings"
The States were required and agreed to do this, and as
Missouri has never appropriated any amount for this pur-
pose, or furnished any labor for these improvements, I
commend to you a careful consideration of the recommenda-
tions that shall be made to your honorable bodies by the
Board of Curators upon this subject.
NUMBER OF THE BOARD OF CURATORS.
Prior to the adoption of the Constitution of 1875, under
laws that then existed, the number of the Board of Curators
had increased to twenty-three or twenty-four members,
making the body both expensive and unwieldy. In an
effort to remedy this difficulty, the convention went to the
other extreme, and reduced the number to nine (9), making
the Board too small, with the important duties and respon-
sibilities attaching to the office. It is recommended, there-
fore, that an amendment be proposed to the Constitution,
GOVERNOR THOMAS THEODORE CRITTENDEN. 343
to be submitted to a vote of the people, increasing the num-
ber of the Board to fifteen, in order that the responsibility
be further divided and the different parfrs of the State be
more fully represented in said body.
Constituting, as the University does, with its various
departments, including the School of Mines and Metallurgy,
a most important part of the Public School system of the
State, and desiring to see that system maintained and
strengthened in all its parts, together with the Normal
Schools and Lincoln Institute, created by statutory enact-
ments of the General Assembly for the education of the
colored youth of the State, I have deemed it proper to make
to your bodies the foregoing suggestions and recommenda-
tions. For a more detailed statement of the wants of the
University and its various departments, including the School
of Mines and Metallurgy, of the Normal Schools and Lincoln
Institute, I commend to your careful consideration the
recommendations which will be made to your body by the
respective Boards of these Institutions.
SCHOOL OF MINES.
The School of Mines and Metallurgy at Rolla is in a
flourishing condition. It fills a vacuum in the educational
system of the State which no other school or college could,
as it makes the education of the young in Geology and
Mineralogy a specialty. The rich mineral developments in
this State and in all the Western States and Territories
have caused a demand for mining engineers; and those who
have gone forth from this college have been well qualified
for the duties of their profession, consequently have gener-
ally received lucrative compensation. It is situated in a
locality well adapted to such an institution, and should
receive the most generous encouragement from the legisla-
tive bodies of the State.
344 MESSAGES AND PROCLAMATIONS OF
MANUAL EDUCATION.
I desire to call your attention to a new feature in the
education of boys, developed by the Manual Training
School of Washington University, St. Louis. This school
was established through the subscriptions of citizens of
that city, for the purpose of testing the feasibility of uniting
manual training — by which is meant systematic instruc-
tion and regular practice in the use of tools — with the
ordinary teaching from books, which is intended to develop
and discipline the mind. The success of the school appears
to have fully met the expectation of its founders, and it has
become a permanent feature of the University. The cur-
riculum of the school covers three years. Boys from four-
teen to eighteen years of age are carefully taught the art of
the mechanical draughtsman, and to use the tools of the
carpenter, the wood-turner, the blacksmith and the machin-
ist; and during the same term they make the usual progress
in literature, mathematics and science. It is contended
that in this system better intellectual results will be secured,
in consequence of the knowledge and command of the
materials and forces which, to so great a degree, form the
basis of all intellectual life. They claim that two points
have been clearly proven: One is, that, when properly
taught, boys learn the use af tools in a surprisingly short
time; and the other is that the manual feature produces an
unusual interest in, and relish for, school life. In the St.
Louis school the effort has been to introduce those tools and
processes which have the greatest breadth of application
in the industries of our people. Methods of working wood
and iron are of almost universal application, and one who
is trained to expert and careful workmanship in these,
turns easily and successfully to other arts involving the use
of machinery and edge tools. I learn from Prof. Woodward,
the projector and director of the school, that two hours
each day are spent in the shops, and that the shops are taken
in regular order by all the pupils of the school. The full
details of particular trades are not taught, and no articles
GOVERNOR THOMAS THEODORE CRITTENDEN. 345
are made for sale. The shop exercises are designed ex-
clusively for instruction and discipline. From first to last,
boys are taught to make and use working drawings, and
daily programmes cover six full hours. It is not claimed by
the managers that the exclusive object of the school is to
make mechanics. It is intended to give to every pupil a
full and symmetrical development of his powers, so that,
whatever may be his choice of occupation, it will be wisely
made. In my mind it is a school of vast importance, be-
cause the influence of a manual training school will be to
divert a large proportion of its graduates from the already
overcrowded professions to the adoption of industrial pur-
suits. They will become manufacturers, superintendents,
foremen, engineers and skilled mechanics; and this result is
much to be desired in this country. Men skilled in those
pursuits are always in demand. Our present supply of
trained mechanics is largely from foreign soil, and our
American boys, with a taste for tools, have not had a reason-
able opportunity to cultivate them. The same facilities
should be given the boys of our own country to obtain such
an education as are enjoyed by the youth of trans-Atlantic
countries. The old system of apprenticeship is about at an
end, and it is necessary, if we propose to protect the interest
of our industries and consult the welfare of our youth, to
devise some means for their proper training. In our
ordinary and more advanced schools the only avocations
aimed at, and in which positive interest is aroused, are
commerce, buying and selling, banking, reckoning accounts,
keeping books, and the so-called "learned professions" (a
misnomer, in my opinion). The ordinary school boy gets
the idea that it requires no education to be a mechanic;
hence he aspires to what he calls a higher profession, a
higher vocation, and foolishly learns from vicious sources,
to despise both craft and craftsman. If this pernicious
tendency can be corrected, and the dignity of skilled labor
and skilled workmen be maintained by the introduction of
manual training into grammar schools and sthools of high
grade, great good will be accomplished. In this material
346 MESSAGES AND PROCLAMATIONS OF
age in which we are moving so rapidly, and learning and
unlearning so much; when society is in a state of such rapid
transition; when the boy of the tow-path becomes the lead-
ing statesman of our country, and the son of the millionaire
of to-day becomes the toiler or the loafer of to-morrow, it
becomes us to consider this system of training with calm
deliberation, and to thank those broadminded, practical
gentlemen who have inaugurated it in our midst, and made
it — by its adaptability to our wants — a part of the educa-
tional system of our State. It makes no appeal to the State
for financial aid. Being a friend of the intellectual, moral,
physical and mechanical education of the young of this
State, I have no hesitancy in directing the attention of the
Legislature to this Manual School as one of our educa-
tional ornaments, worthy of the patronage of our sons and
the respect of our citizens,
ASYLUM FOR THE INSANE.
Insane Asylum No. 1, located at Fulton, has 500
patients in charge. Of these 274 are males and 226 females.
There are at least one hundred patients in this asylum above
its capacity for proper treatment. In consequence of this
the Superintendent has been compelled to reject a large
number of applications for the admission of chronic cases,
or cases of over twelve months* duration. Within the last
two years 364 patients have been admitted, 203 males and
161 females. Of these 175 have recovered and been dis-
charged, or a fraction over 48 per cent, of the number
admitted. Of the 364 admissions, only 205 were insane for
a period of less than twelve months; and the recoveries were,
therefore, about 85 per cent, of the recently admitted
cases. One hundred and forty-five of the recoveries were
treated less than twelve months; ninety-nine less than six
months, and only ten for more than two years. These
facts show the importance of early treatment. Ample
provisions should be made for this, so that cases, as they
occur, may be treated in the incipiency of the disease. Delay
GOVERNOR THOMAS THEODORE CRITTENDEN. 347
in such treatment is inhuman, dangerous and in the end
costly. Experience and observation teach that after in-
sanity continues for a longer period than one or two years
not one case in five recovers. The average cost of each of
the 175 recoveries above referred to did not exceed $100.
In view of this I appeal to the Legislature to make ample
provision for the treatment of the unfortunate in our State
who are suffering from this most fearful of all maladies.
Dr. Smith, the Superintendent of the Fulton Asylum,
writes me that "the number (of insane) now unprovided
for in Missouri will more than fill another asylum, larger
than the one at Fulton." He recommends the enlargement
of each of the asylums, so that they would each accommodate
600 patients. The Fulton Asylum is managed with econ-
omy and sound judgment. The general condition of the
building is good and the health of the patients excellent.
Many valuable improvements have been made within the
past two years. At the close of the year there will be a
deficiency in the salary account of $2,585.88, caused by the
election of Dr. Henry, who was placed in charge of the hos-
pital for insane criminals, and by the increase of the salaries
of several officers of the asylum. The report of Superin-
tendent Smith will place before the Legislature a detailed
account of the condition and wants of this asylum.
INSANE ASYLUM ST. LOUIS.
The last General Assembly appropriated $30,000 for
the support of the indigent insane in this asylum, to be paid
upon the requisition of the Treasurer, endorsed by the Mayor
of St. Louis. This is not, properly speaking, a State in-
stitution. It belongs to the city; but as the city of St.
Louis pays such a large proportion of the taxes of the State,
and it is said so many indigent persons are wrongfully sent
or wander into that city to be cared for, the Legislature, in
its wisdom, thought it right to make this appropriation.
After diligent effort, I have wholly failed to ascertain from
the managers of this asylum the number of patients cared
$48 MESSAGES AND PROCLAMATIONS OF
for, who come from the State outside of the city of St.
Louis.
INSANE CRIMINALS.
The General Assembly should consider the feasibility of
repealing the act of the Legislature, approved March 26th,
1881, entitled: "An act to provide for the medical treat-
ment of insane criminals," and providing for the return to
this place of so many of the criminal insane as are now
confined at Fulton. I think that experience will demon-
strate that a separate building for their accommodation and
treatment should be erected within the walls of the peni-
tentiary- It is said that the proximity of the insane crim-
inals to the patients in the regular asylum has an injurious
effect upon both classes. The building erected for the ac-
commodation of the insane criminals at Fulton can be
utilized for the accommodation of the excess of the insane
crowded into the other buildings.
MISSOURI SCHOOL FOR THE BLIND.
This school is located in the city of St. Louis. The last
Legislature appropriated $42,000 to this institution, $5,000
of which was for repairs and refurnishing, $1,000 for re-
plenishing the library and $16,000 additional for salaries.
Ninety-one pupils h,ave enrolled since September llth,
1882. With one single exception, the health of the pupils
has been excellent. The buildings are in fair condition,
but will require some repairs which will cost about $5,000.
The Superintendent and teachers perform their duties
faithfully. The Board of Trustees perform their labor of
love with singular devotion, doing everything within their
power to give light, knowledge and pleasure to the inmates
of the institution.
DEAF AND DUMB ASYLUM.
This institution is in an excellent condition, provided
with efficient instructors and all necessary appliances to
render the inmates comfortable. It is under the manage-
GOVERNOR THOMAS THEODORE CRITTENDEN. 349
ment of an excellent gentleman, whose whole life is devoted
to the care of those under his charge. He writes me that
"the pupils have enjoyed perfect health and have exhibited
a gratifying disposition to prosecute their studies diligently
and to acquiesce in all reasonable measures for the main-
tenance of order." The Legislature should not, by meagre
appropriations, deprive this unfortunate class of anything
that would contribute to their comfort and happiness.
Their wants are few and should be bountifully supplied.
Some improvements are imperatively demanded, the details
of which will, in due time, be laid before you.
BOARD OF HEALTH.
There should be a Board of Health established in this
State, with its headquarters at St. Louis. It should con-
sist of five physicians, selected from the different reputable
Schools of Medicine, the Board to have charge of the State
sanitation and to act as a Board of Censors in the regula-
tion of the practice of medicine and surgery. The State is
full of medical quacks who are killing annually, through
their criminal ignorance, more men, women and children
than die from natural causes. The Legislature should give
this question serious consideration, as it is one involving the
lives of the people and the reputation of the State.
THE SUPREME COURT.
The attention of the Legislature is called to the im-
portance of making immediate provision for the relief of the
Supreme Court. The court is now more than fourteen
hundred cases behind its work and that number is steadily
increasing. It is a physical impossibility for the Supreme
Court, as now numerically constituted, to relieve itself of
the accumulation of business now embarrassing it. The
judges perform an extraordinary amount of labor but are
confronted with a daily increase of the number of cases
upon the docket. But slight relief was experienced by the
passage of the law giving the judges the power to determine
350 MESSAGES AND PROCLAMATIONS OF
what opinions should be written in detail. It is said that
over three years of labor have accumulated in the court.
The delay in the adjudication of cases, which this accumula-
tion occasions, is simply a denial of justice, and especially
so to persons of moderate means. Expedition in litigation
increases the respect of the people for the laws and for courts.
The proposed constitutional amendment for the relief of the
Supreme Court, by increasing the number of judges, having
been so largely defeated at the late election, convinces me
that the electors desire the adoption of some measure of
relief less permanent and more expeditious in its work.
This legislature should not adjourn with this important
question unsettled. In my judgment, the creation of a
temporary commission, invested with proper power, would
answer the demands of the situation. This plan has been
tried in many States and has, so far as I am informed, proven
satisfactory in every instance.
THE CONSTITUTION.
I have been urged by many of the most thoughtful
and intelligent citizens of Missouri to recommend to the
Legislature the calling of a convention to make a new State
Constitution. I do not feel it to be my duty to do more
in that direction than to call your attention to the respectable
demand for such a convention. That our present Con-
stitution possesses many serious defects cannot be ques-
tioned. Whether these defects can be remedied or elim-
inated by the ordinary process of amendments adopted by
the people, in the manner provided in the Constitution, or
whether they exist in such numbers as to render their
elimination or correction impracticable by amendments,
you, alone are competent to determine. It is not my
province to advise you in this matter. I can only urge you
to take such action in the premises as your superior judg-
ment may suggest as being best calculated to insure to the
people of the State of Missouri a Constitution worthy of the
dignity and commercial importance of such a State and as
GOVERNOR THOMAS THEODORE CRITTENDEN. 351
will most surely guarantee to her citizens all the rights which
free people should possess.
THE MILITIA.
I call your attention to the importance of a well reg-
ulated militia. Such a body of men is a vital necessity in
every State, as it is sometimes the last resort for the preserva-
tion of peace and the enforcement of the law. No State is
entirely safe, at all times, without such an organization.
It is well said that it is the only power that can vindicate the
rights and preserve the liberties of the people and the auton-
omy of the State in certain emergencies without calling
upon the general government, and its existence may prevent
the necessity for its use. The fact of its existence and the
belief in its readiness to perform its duty in the enforcement
of the law and the preservation of the peace often has a
deciding influence against the formation of lawless organiza-
tions. It is both unwise and dangerous for a State to be
without a properly organized militia force ready for any
emergency. A State ought not to appeal to the general
government in every time of danger. A community, like
an individual, should be self-reliant and always able to pro-
tect itself in emergencies. The usefulness of such a body of
men does not depend so much on the number of men en-
rolled as upon the discipline and efficiency of the several
commands; and to secure these we should look to the char-
acter, intelligence and patriotic devotion to the State of the
officers and men in the service. As the body of men already
enrolled in the military service of the State is not large —
in fact not commensurate with the growth and dignity of
the State — some arrangement should be made for placing
the troops, periodically, in camp service. This cannot be
done without a reasonable appropriation. This should be
seriously considered. Sudden danger may find us unpre-
pared. With special pride I call your attention to the com-
modious armory hall erected by the foresight and liberality
of a few of the prudent property-holders of the city of St.
352 MESSAGES AND PROCLAMATIONS OF
Louis. It is used as the headquarters of the artillery,
cavalry and infantry military forces of that city. It is
sufficiently large for purposes of drill and possesses all the
appliances for athletic exercises. The arms of the State
now held by the several branches of the military service are
securely preserved in that building. This building was
erected at a cost of sixty thousand dollars, upon grounds
valued at twenty thousand dollars. The main building is
one hundred and ninety-three feet long and one hundred
and nine feet wide. The first floor is occupied by the
artillery and the second by the infantry companies. The
third floor is a large hall one hundred and ninety feet long
by one hundred and six feet wide and is used for general pur-
poses. Some expenses were incurred by the militia during
the riot in April, 1881, which should be paid by the State.
You will be supplied with a detailed statement of these ex-
penses. The State should recognize the existence of the
several military companies in St. Louis with pride. Their
organization and drill are so perfect that they have success-
fully contended in competitive displays and drills with
many of the leading military companies of other States,
thus reflecting credit upon their own discipline and soldierly
bearing and upon the State.
IMMIGRATION.
The last General Assembly appropriated for the use of
the Board of Immigration $20,000, $15,000 of which was
to be used in the immediate purchase of not less than 6,000
copies of the Hand Book of Missouri. The books were pur-
chased and distributed as required by the law. They have
been eagerly sought by citizens of many States, and have
been widely scattered, both in this country and in Europe.
The book presents a fair outline of the physical and agri-
cultural history of the State. Various expedients have been
resorted to by the board — so its president advises me — to
ascertain the number of immigrants who have settled in
Missouri within the last two years. In October last, the
GOVERNOR THOMAS THEO0ORE CRITTENDEN. 353
board resolved to appeal to the citizens of the various
counties, and particularly to the county court clerks to
obtain information of the approximate increase of popula-
tion by immigration alone. From replies received, it is
believed that there has been an increase of 225,000, ex-
clusive of St. Louis and Kansas City. This is a wonderful
increase, but large as it is, it can still be further increased
if the board is furnished the means necessary to execute its
well-devised plans. If each immigrant of that number
brought but $1,000 with him, $2,225,000 have been added
to the taxable wealth of the State. The peculiar em-
barrassments so long overhanging Missouri having been
removed by the efficiency of its law officers; with her well
managed police; with a soil and climate so generous and
productive; her general state of society so pacific and her
financial condition and standing so creditable, the State is
rapidly attracting public attention, and is, consequently,
receiving a thrifty class of immigrants, who epd-ne to Ipcate
in a land where honesty, intelligence, industry and morality
are the only touchstones of success and titles of nobility.
Nature has done much for this State, and it is only
left for its citizens to do their part to make it the empire
of the west. Henry Ward Beecher recently said: "The
breadth of country from the Red river country of the north,
stretching to the Gulf of Mexico, including Minnesota,
Wisconsin, Illinois, Iowa, Missouri, Kansas and Texas, is
one of the most wonderful agricultural spectacles of the
globe. It is one of the few facts that are unthinkable. In
this ocean of land, and nearly its center, stands the imperial
State of Missouri." No greater compliment could b© paid
the State; yet it is no greater than it richly deserves, it is
thought that within the next two years there will be
movements in population from the more populous
of this country and the European States than has ever been
known. The Legislature should extend such financial aid
to our Immigration Board a$ will enable it tq secure a
respectable share of this immigration. Other States with
fewer attractions of soil, climate, timber, water, minerals
12
354 MESSAGES AND PROCLAMATIONS OF
and health, have made greater exertions in the past than has
this State, and have, as a consequence, received large im-
migration, and are preparing for a still more determined
effort in the future in the same direction. Missouri should
be fully prepared for this laudable contest. Having no
public or railroad lands for sale at government prices, other
equivalent inducements must be shown to compensate for
this difference in the value of lands. This is pre-eminently
an age of contact and rivalry in every department and class
of business; and alone to the active and vigilant belong the
victory and its consequent rewards. Missouri has been
known in the past as the "Robber State." False as that
charge was and is, let her hereafter be known in the race
for supremacy as the new, free, peaceable, prosperous
Missouri, with homes, churches, schools, society and law
for all. But the watchful and liberal care of this body is
required to make it the realization of the hopes of the most
sanguine of our people.
WILLARD P. HALL,
Willard P. Hall departed this life at his home in the
city of St. Joseph, on the 5th day of November, 1882. He
became Governor of this State upon the death of Gov.
Gamble in 1864, and so acted from January 31, 1864, to
January 1, 1865. During his administration he conducted
the affairs of his office through those turbulent times with
such marked ability and fairness that he commanded the
admiration of friend and foe alike. He was not a genius,
in the common acceptance of the word, but was a man of
solid ability, of intense application, unquestioned honesty
and dauntless courage. He filled every station in life to
which he was called, public and private, with honor. He
was an honor to his native State, Virginia; and, by his
superb intellect and splendid life, he honored the State of
his adoption, and it will preserve his name upon the roll of
its most illustrious citizens. As he lived, he died "sustained
and soothed by an unfaltering trust" in the rewards of an
GOVERNOR THOMAS THEODORE CRITTENDEN. 355
upright life; so may he rest; "his faults lie gently on him."
As great as were his virtues as a citizen, greater still were his
learning and integrity as a lawyer. Life, with him, meant
work, not dalliance; duty, not pleasure; and that life may
well be adopted as a model by our rising generation.
PORTRAITS OF STATE OFFICERS.
The Legislature should appropriate a sufficient sum of
money to have the portraits of the ex-Governors and
Supreme Court Judges painted and placed in their ap-
propriate places, the appropriation to be expended under
the direction of the Governor and Chief Justice of the
Supreme Court. Many of our sister States have made such
appropriations. Already, through my application, the
portraits of Governors Price and Hardin have been presented
to the State, and I am promised portraits of Governors
Polk and Stewart. This appropriation should not be post-
poned. The written and unwritten history of the laws
and progress of the State were largely exemplified in the
official acts of its Supreme Court Judges and Governors.
EXECUTIVE MANSION.
The Executive Mansion was erected in 1872-73. Some
parts of the building have never been repaired. As a matter
of economy, and to preserve the building in a condition
worthy of the State and of the purpose for which it was
built, and to protect it from immediate decay, it should be
properly and thoroughly repaired without delay. It should
be painted inside and outside. The blackened and stained
condition of the outside of the walls mars the appearance of
the handsome structure. The plumbing is in a defective
condition and almost entirely useless, and if not soon wholly
renovated and reconstructed will render the house unpleasant
and even unhealthy. The roof requires early atteittion.
The guttering and spouting are in a disordered condition.
The lightning rods and iron railings should be repaired .or
replaced. The permanent tubs in the laundry are so de-
356 MESSAGES AND PROCLAMATIONS OF
cayed that they have become useless and offensive* New
pumps are needed in the cisterns. I urge upon the Legis-
lature the necessity of giving this matter immediate atten-
tion. No State has an Executive Mansion superior to it
in architectural beauty, or better adapted to the purpose
for which it was so generously erected. I suggest that the
repairs be made under the direction of the Governor and
Warden of the Penitentiary.
IMPROVEMENT OF CAPITOL GROUNDS.
In the act to appropriate money for the support of the
State Government for the years 1881 and 1882, approved
March 24th, 1881, the sum of one thousand dollars was
appropriated for "repairs of the enclosure around the
capitol grounds, completing the columns at the entrance
gates, and keeping the grounds in order, and for making
stone pavements from the gates to the capitol steps, to be
expended under the supervision of the Governor."
Owing to the condition of the walks in the capitol
grounds, I deemed the construction of the pavements the
most important item provided for in the appropriation;
but, upon investigation, I found that owing to scarcity of
stonecutters in the penitentiary, and the consequent diffi-
culty and cost of procuring stone, the construction of pave-
ments of that material was not feasible without the ex-
penditure of a much larger sum of money than had been
appropriated for that purpose.
In view of this, I contracted with J. R. Willis, Warden
of the Penitentiary, for the construction of a brick pavement
from each of the entrance gates to the capitol steps. Under
this contract Mr. Willis has performed the work to my
entire satisfaction. The materials used in the construction
of these walks, consisting of a thick layer of macadam as a
foundation, cement, brick, mortar and stone, for curbing,
were all of the best. For this work Mr. Willis has drawn
from the treasury nine hundred and eighty-eight dollars,
twelve hundred of the amount appropriated having been
GOVERNOR THOMAS THEODORE CRITTENDEN. 357
used by the Commissioner of Permanent Seat of Govern-
ment in planting trees, which amount, in my judgment, is a
reasonable charge for the materials and labor. I regret
that the appropriation was insufficient to pay for stone
pavements, but I did not feel warranted in creating a debt
for the Legislature to pay hereafter. The appropriation
was exhausted upon the pavements, and hence no other
improvements contemplated in the act could be made. A
substantial stone pavement has been laid from the south
gate at the eastern entrance, to the Supreme Court build-
ing, and one across the alley in front of the east gate. No
appropriation has been made to pay for this work. I
recommend such an appropriation as will be sufficient to
complete the walls around the capitol grounds, particularly
upon the west and river front sides, and pay for cap-stones
for the gates, and for the stone pavement already laid.
This should be provided for at once by an adequate ap-
propriation, as the walls are being seriously damaged in
their present unfinished condition.
WATER WORKS.
Since the Board of Inspectors of the Penitentiary have
supplied the prison with water works, I think an appropria-
tion of twenty-five hundred dollars should be made for the
purpose of supplying the executive mansion and capitol
building. For that sum water can be supplied to every room
in both buildings.
It is said that over one hundred thousand dollars were
expended in the erection of the mansion. If a fire should
occur in either of the upper stories there are no adequate
means at hand with which to encounter the danger. Is it
economy, is it wise, is it right to thus expose this hand-
some and costly building to such daily danger when, with
such .a small outlay, it can be so fully guarded and insured
agtimst fire? Should a main be laid from the prison to the
capitol, I am informed that enough water privileges can
b$ sold, to citizems and the city to almost, if not quite, wholly
358 MESSAGES AND PROCLAMATIONS OF
compensate the State for the expenditure. I do not think
the State should engage in the business of peddling water.
The Legislature must determine the wisdom of such an
enterprise. It is proper to state as a strong reason why
some provisions should be made for supplying the capitol
and executive mansion with water, that the State has no
insurance upon either building.
SWAMP LANDS.
For swamp lands disposed of by the United States sub-
sequent to September 28, 1850, and prior to March 3, 1857,
the State has received during the years 1881 and 1882,
$20,475.67 cash indemnity and certificates of location
authorizing the State to locate the quantity of 9,187.93
acres as land indemnity.
Under the rules and regulations adopted by the De-
partment of the Interior for adjusting the swamp land
indemnity claims due the State, the United States special
agent is required to make a personal inspection of each tract
of land for which indemnity is claimed before testimony
will be received touching the character of the same.
It is important that the Register of Lands should ac-
company the United States agent in his examinations for
the purpose of obtaining witnesses to establish the swampy
character of the land, and who have knowledge of the land
extending as nearly to the date of the swampy grant as
possible.
The law makes it the duty of the Register of Lands to
locate all swamp land indemnity certificates from sight or
personal knowledge of the land. It is also the duty of the
Register to make all swamp land selections and take proof
of the swampy character of the same.
The tract books in the office of the Register of Lands
show a large cash and land indemnity yet due the State, as
well as a large amount of swamp and overflowed land to be
selected and proven up. The Register is the proper officer
to do this work, and in order that it may be done success-
GOVERNOR THOMAS THEODORE CRITTENDEN* 359
fully and promptly I recommend an appropriation for these
purposes of forty-five hundred dollars for the years 1883
and 1884. The Register has been industrious and faithful
in the last two years in attending to these swamp land
interests of the various counties, and has been instrumental
in recovering large sums of money to the several counties.
FISH CULTURE.
Fish culture is no longer an experiment in this State.
Under the management of the present board of Fish Com-
missioners the propagation of fish has proven a great suc-
cess. The board is inviting persons in every part of the
State to send for young fish, and our streams will soon be
well stocked with the most desirable kinds of food fish.
Every owner of a farm in the State should prepare a pond
for fish propagation. Such a pond can be prepared for a
very small sum of money, and after the fish have commenced
spawning a very small outlay of time and money will
preserve and protect them. The Fish Commission should
receive an appropriation of five thousand dollars annually.
The increase of its work and production demands an in-
crease of appropriation. When the last appropriation was
made the board was operating the cold-water hatchery at
St. Joseph requiring but one superintendent and set of
operators. It now has an extensive hatchery in Forest
Park, adjacent to the city of St. Louis, embracing six
ponds and covering thirteen acres of ground. This compels
the employment of an additional superintendent and set of
operators. It has been ascertained, by experiment, the
cold spring water of the St. Joseph hatchery is not so well
adapted to the propagation of carp as the creek and pond
water of Forest Park. The ponds in Forest Park were given
the board by the city of St. Louis. To operate those large
ponds, successfully, the board has found it necessary to
employ an expert in fish culture. He is now receiving a
salary of but fifty dollars per month, which must be in-
creased in proportion to the increase and importance of the
$60 MESSAGES AND PROCLAMATIONS OF
labor imposed upon him. Under his intelligent care the
board will have many thousands of young carp to distribute
during the coining year. This can not be done without an
increase of expense. The board deems it necessary to
erfect a small house in the Park, adjacent to the ponds, to
be used as an office and residence for the superintendent
and a store-room for their implements. Missouri should
not be behind her sister States in the cultivation of this
most healthful and desirable food. The State is too prom-
inent to be a laggard in anything that contributes to the
economy and comfort of living of its laboring classes. The
gentlemen composing the board are men of broad, liberal
views, who are willing to devote their time to this im-
portant enterprise if sufficient means are given them to
make their efforts fruitful and of good results to the State.
It is a labor of love with them, and the Legislature should
willingly comply with their request. The report of the
board will be found full of useful information.
INSPECTIONS.
I recommend to the Legislature the amendment of
articles 1 and 2 of chapter 117, of the Revised Statutes, con-
cerning the inspection of petroleum oils and tobacco. The
law governing the inspection of coal or petroleum oils is
vague and indefinite, and does not properly provide for the
inspection of such oils, or for the protection of the thousands
of our people who use such oils for illuminating purposes.
The office of Tobacco Inspector is one of the most im-
portant in the State. It is especially important to tobacco
raisers. The Legislature should investigate the matter
thoroughly, and so adjust the salary of that office that it
will command the service of the best talent in the State.
INTEREST.
The Legislature should revise the law regulating the
rate of interest. As the law now stands, six per cent, is
the legal rate of interest wfasea no higher rate is agreed
GOVERNOR THOMAS THEODORE CftrFFBNDEN. 361
upon; while, by contract, it may be ten per cent., but shall
not exceed that rate. If the Legislature should establish
six per cent, as a maximum rate to be contracted for, it
would receive the sanction of the people of Missouri. Money
is worth no more than that at the present time, by the coun-
tenance of healthy trade, and our statutes should not con-
travene such a natural law. If this change of the rate of
interest were made, and the law regulating it properly en-
forced, I believe it would benefit all classes.
DEPOSITIONS.
Your attention is called to the necessity for a radical
reform of the law governing the taking of depositions.
Such abuses have grown up under our present system that I
need only call your attention to the subject, and your
observation and experience will suggest the remedy for the
evil. As the law now stands, it is frequently taken advan-
tage of by the unscrupulous and malevolent and is converted
into an engine to destroy character ©r extort blackmail.
All this can be remedied by the adoption of proper amend-
ments, and I trust that you will give the subject that earnest
consideration which its importance merits.
SALARIES OF COUNTY OFFICERS.
I earnestly invite your attention to the necessity for
a revision of the law governing the salaries of county officers.
From extravagance im these salaries a few years simce, we
have gone to the opposite extremes of stinginess., and the
salaries of many of the officers have been so reduced as to
afford but a meager subsistence to their occupa&t^ while
the pay of deputy hire has been so restricted, beginning
with this year, that I fear serious inconvenience in the
transaction of public business in consequence of it. The
people are willing to <$eal justly in these matters, and you
should thoroughly investigate the question, "Niggardliness
in sBch matters, is not good husbandry,"
362 MESSAGES AND PROCLAMATIONS OF
LABOR.
I especially call the attention of the Legislature to the
Fourth Annual Report of the Bureau of Labor Statistics.
It is worthy of careful consideration and study. It suggests
some evils in certain classes of occupations, which, under
the police power of this State, this body has the right and
should remedy. The State should require every reasonable
safeguard to be thrown around the employes in the various
manufacturing, mercantile and other establishments in
which there are large numbers of persons at work. Accidents
in such places are liable to occur at any moment. The
dangers can be mitigated, if not entirely obviated, by pre-
caution. The Commissioner reports that the street car
employes — conductors and drivers, are compelled to work
from twelve to seventeen hours per day. This, in the lan-
guage of the commissioner, "imperatively calls for Legis-
lative interference." "It is against the welfare of society,
offensive to morals, a gross abuse to require men — to permit
them — to engage themselves in such slavery." Those
employes are virtually deprived of all domestic associations
and opportunities for physical, moral or mental improve-
ment. It is not in the interest of the State to permit such
demands to be made upon any class of its citizens. It is a
compulsory labor, and against the sentiments of the law
and the instincts of humanity, and should be remedied.
PRIVATE PROPERTY PUBLIC USE.
I desire to call the attention of the General Assembly
to two sections of the Statutes which appear to be in direct
conflict with the Constitution.
Section 4, article 12 of the Constitution provides
* * * * the right of trial by jury, shall be held violate
in all trials of claims for compensation, when in the exercise
of said right of eminent domain any incorporated company,
shall be interested, for or against the exercise of said right.
By sections 894-896 Revised Statutes, the court
in all such cases is specifically commanded to appoint
GOVERNOR THOMAS THEODORE CRITTENDEN. 363
"three disinterested commissioners" in the first instance*
and the parties are postponed in their constitutional right
to a jury until after the report of the commissioners, and
exceptions thereto sustained. Now, while this method
does not absolutely deny the jury trial, it does subject it
to conditions, delays and contingencies which should
never be interposed against a constitutional right. No
intermediate tribunal should exist in the face of this con-
stitutional prohibition. The rights of private property should
be protected against any unusual invasion or disturbance.
CONCLUSION.
Reposing confidence in you as representatives of the
people, and believing that you will do nothing that will
militate against the prosperity of this great commonwealth,
I greet you in the sovereign name of those people, and wel-
come you to this capital with the earnest assurance of my
hearty co-operation with you in all measures tending to
further security of the happiness and protection of the
people and the financial prosperity of our State. Nothing
will so perpetuate the history of this General Assembly as
the well directed liberality and justice which shall character-
ize your legislation, when it arises above the prejudices and
partisanship of the past, and looks forward to the proud
position Missouri must occupy in the confederation of
States.
Very respectfully,
THOS. T. CRITTENDEN.
364 MESSAGES AND PROCLAMATIONS OF
SECOND BIENNIAL MESSAGE
JANUARY 7, 1885
From The Journal of the Senate, 1885, pp, 1&-71
Gentlemen of the Senate and House of Representatives:
I am called by the constitution to lay before you for
the last time a summary of the condition of the State.
While there is safety in a multitude of legislators assembled
from the various districts of the State, who are honestly
seeking wise legislation and the prosperity of the State,
still it is the duty of all to look for that divine guidance,
without which the devices and wisdom of man are as dust
in the balance. Permit me to congratulate you upon the
peaceable condition of our whole country; upon the happy
solution of the political troubles which disturbed the usual
quietude of the land for a short time, and upon the great
prosperity of the State. Health and prosperity have
signally blessed the State for the last four years. Those
years have brought in the richest harvests that were ever
garnered. Our vast State has grown more rapidly in
population, wealth and prominence, from natural causes,
than during any preceding corresponding period of time,
and to-day the State is alive with stirring enterprises and
well founded faexpes of increased activity.
Our taxes for State purposes, and generally for local
purposes, are light, and should become more so, if honesty
and discretion are rightfully exercised. Under liberal
laws enacted for all, in the line of progress, without regard
to the prejudices of the past or present, and with a wise
administration of public affairs, the State will continue to
advance towards that eminent position among the sister-
hood of States, for which it is so well adapted, and is so
certain to attain, sooner or later.
GOVERNOR THOMAS THEODORE CRITTENDEN. 365
The governing idea of this administration has been to
preserve and protect the credit of this State. Subordinat-
ing, to a certain extent, all other administrative views in
the accomplishment of that end, and holding "that the
central pillar that upholds good government, in any country,
must be a good financial system, honestly and economically
administered."
STATE TREASURY.
The finances of the State have never been more judi-
ciously managed than within the last four years, which is
evidenced by the high credit of the State at the present time.
No matured obligations of the State, excepting those of a
class of bonds known as the Hannibal & St. Joseph bonds,
of which I shall speak hereafter, remain unhonored: and,
as said in my previous message, not a warrant of the State
is outstanding. The Bank of Commerce of St. Louis con-
tinues to receive the public deposits of the State, it paying
monthly the highest compensation on the ave-rage daily
balances, as required by the statutes. No other bank in
the State offers, nor has offered, as great a bonus for the
money. The money deposited in that bank is so absolutely
secured by United States and Missouri State bonds pledged
as security, in excess of the deposits, that if the depository
should meet with severe reverses the State would be sub-
jected to no loss of money, and only delayed ten days in the
collection of its deposits. The National Bank of Com-
merce, of New York, is the trustee in charge of the hypoth-
ecated bonds. Both of these banks have attended to the
business of the State with promptness and great fidelity,
at times being the channels through wtucih millions of dollars
have passed belonging to ths State. The accompanying
tables show the amounts of deposits monthly in the Bank of
Commerce of St. Louis, how secured, and the interest paid
monthly to tlie State on deposits:
366
MESSAGES AND PROCLAMATIONS OF
Interest
Cash in
Bank of
Bonds
rec'd on
Vault.
Commerce.
held.
Deposits.
January 1, 1883
$11,111 29
$849,352 26
$870,000 00
$770.84
February "
22,714 49
1,574,415 39
1,674,000 00
957.34
March ' '
38,593 88
1,840,005 34
1,884,000 00
1,189.04
April
85,156 23
1,974,566 09
1,894,000 00
971.76
May
10,542 37
1,332,412 42
1,284,000 00
709.07
June
12,244 93
833,791 09
840,000 00
373.27
July
12,182 09
494,766 70
600,000 00
341.46
August "
9,914 31
588,810 67
600,000 00
416.31
September "
12,001 16
673,279 48
720,000 00
408.63
October "
12,874 33
680,423 95
720,000 00
405.64
November "
13,131 38
664,338 98
720,000 00
439.92
December "
10,468 59
788,180 31
840,000 00
535.86
January 1, 1884
11,312 00
1,001,016 32
988,000 00
844.17
February "
10,552 61
1,762,850 27
1,875,000 00
1,124.36
March
9,753 17
2,053,654 23
2,200,000 00
1,243.01
April
13,435 63
1,844,014 72
1,825,000 00
1,099.55
May
16,281 85
1,728,420 12
1,700,000 00
1,062.62
June
18,761 50
1,552,488 56
1,559,000 00
860.67
July
11,294 48
1,242,500 57
1,254,500 00
721.77
August "
11,845 70
1,081,347 93
1,075,000 00
697.82
September "
11,509 37
1,092,711 09
1,135,000 00
668.41
October
11,476 82
1,110,398 42
1,135,000 00
673.57
November "
11,213 56
1,084,735 50
1,135,000 00
676.98
December "
11,817 98
1,152,122 31
1,197,700 00
780.17
January 1, 1885
11,696 82
1,402,198 55
1,500,000 00
Total amount
of interest
p a i d i n
1883 and
1884
$17,972.24
The interest received by the State upon its deposits
since this administration came into power is $52,633.37.
This result shows the wisdom of the present law upon this
subject.
I refer with pride, as a Missourian, and especially
as the Executive, to the financial management of the State
for the last four years, fully believing that it will compare
favorably with any previous administration, and will firmly
GOVERNOR THOMAS THEODORE CRITTENDEN. 367
anchor the State in the confidence of the business world.
No step has been taken by the Treasurer or the Fund Com-
missioners which has not elevated the credit of the State,
and given it a firmer hold upon the stock markets of the
world. I call your attention to the accompanying letter
from the cashier of the Bank of Commerce of New York.
This bank has been the fiscal agent of Missouri for a
quarter of a century.
National Bank of Commerce,)
New York, December 8, 1884. J
Honor ables, the Governor, State Auditor and Attorney General, Fund
Commissioners, State of Missouri:
Gentlemen — We have received with pleasure the letter of State Auditor
Walker expressing the approval of the Fund Commissioners of the man-
ner in which this bank has performed its duty, in the large transactions
with the financial department of your State; and, while assuring you
of our gratification at the thorough business methods which have charac-
terized all the operations of the Fund Commissioners, we would take the
opportunity to congratulate you upon the result of your administration
as shown in the solid and satisfactory condition of the S.tate's finances.
Yours very respectfully,
W. W. SHERMAN, Cashier.
Wise constitutional and legislative enactments and
rigid honesty upon the part of the officers of the counties and
State, have placed the credit of the State in the advanced
rank of the foremost States. United States 4 per cent,
bonds are now selling in the stock exchanges at 1 20-100,
which price yields the investor 2 75-100 per cent, interest
per annum.
Missouri 6 per cent, eleven year bonds, the longest
bonds now outstanding, sell readily at 1 30, yielding the
investor 3 per cent, per annum, showing a difference in the
value of the two securities of only one-fourth of one per
cent, per annum. These figures show the credit of the
government to be on a 2 3-4 per cent, basis and Missouri
on a 3 per cent, basis. The former bonds are non-taxable,
those of this State are, which may account for the fractional
difference. This high standing of the State is not the result
of any one administration, of any one spasmodic effort,
368
MESSAGES AND PROCLAMATIONS OF
but is the outgrowth of that regular and natural progress of
growth, which will alone, in governmental, as well as in-
dividual affairs, "secure solidity and stability in structure."
REVENUE.
Having touched upon the Treasury Department, I
now call your attention to those facts which can only be
supplied from the Auditor's office. The following tables
show the increase in valuation in real and personal property
since the 10th of January, 1881, to January 1, 1884, — no
assessment having been made in 1884. Under the law, as-
sessments upon all taxable property, except merchandise,
shall be made between the first days of June and January,
and the valuation is placed upon it the first day of June.
The taxes upon this assessment are collected the following
fall — over a year after the assessment is made.
1881.
Real estate
$406 104,4-26 00
Personal property
163 265 359 00
Railroad companies
30 309,878 85
Bridges
1 695 000 00
Telegraph companies
348 219 90
Total
601 722 883 75
1882.
Real estate
$442 826 742 00
Personal property
170 813 976 00
Railroad companies
33 373 739 46
Telegraph companies
342 785 40
Bridges
1 910 000 00
Total
$649 267 242 86
Aggregate statement of the assessed valuation of
property for the taxes of 1883 and 1884:
GOVERNOR THOMAS THEODORE CRITTENDEN.
369
Valuation for
taxes of 1883.
Valuation for
taxes of 1884.
Assessed valuation
» j 11
»» »
of real estate . .
" personal
property
" railroad
property
" bridge prop-
Art v
$443,144,455 00
173,345,191 00
36,871,955 79
2,425,000 00
463,812 89
$496,730,663 00
187,145,751 00
38,380,316 98
3,000,000 00
518,528 47
" " " telegraph,
property. .
Aggregate assessments for taxes of
1883 and 1884'
$656,250,414 68
$725,775,259 45
PUBLIC DEBT STATEMENT.
BONDED DEBT JANUARY 1, 1883.
State bonds outstanding
School certificates of indebtedness
Certificate of indebtedness for seminary fund .
Total debt January 1, 1883
$13,947,00©
2,909,000
122,000
$16,978,000
In 1883 and 1884, State bonds were redeemed and pur-
chased aggregating $2,144,000.
During these two years the State interest-bearing debt
was increased by reason of certificates having been issued to
the School and Seminary Funds as follows:
For the State School Fund
For the benefit of the State University.
$22,000
387,000
$409,000
Deducting certificates issued from bonds redeemed and
purchased, the actual reduction of the interest bearing debt
370 MESSAGES AND PROCLAMATIONS OF
in 1883 and 1884 was $1,735,000, leaving the debt January
1, 1885, as follows:
State bonds outstanding..
School f und. certificates. . .
University certificates
Total interest-bearing debt January 1, 1885..
$11,803,000
2,931,000
509,000
$15,243,000
The above statement includes bonds issued to the
Hannibal & St. Joseph Railroad Company.
The annual interest on the public debt, as it existed
January 1, 1883, amounted to $1,018,680.
As it now exists, the annual interest amounts to $910,-
490.
The annual interest on the bonded debt, as it now exists,
is $708, 180. On the certificates in the School and Seminary
Funds the annual interest amounts to $202,310.
These tables show an increase in valuation in 1882 over
1881 of $47,544,369.11. In my former message to the
legislature this language was used: "If the rate of increase
in values is as great for 1883 as 1882, I think the valuation
will exceed $700,000,000." It exceeded my anticipation.
It is $725,775,259.45, an actual increase of 1883 over that of
1882 of $76,508,016.59, an increase of $122,052,385.70 in
values for the years 1881, 1882, 1883. This rapid increase
in values must soon secure a reduction of taxation, the
desideratum of all good government. Under the constitu-
tion, the rate of State tax cannot exceed forty cents on the
$100 valuation. Section 8 of Article 10 of the Constitu-
tion reads as follows: "The State tax on property, ex-
clusive of the tax necessary to pay the bonded debt of the
State, shall not exceed twenty cents on the hundred dollars
valuation; and whenever the taxable property of the State
shall amount to $900,000,000, the rate shall not exceed
fifteen cents." If the large number of bonds, notes and
other evidences of debt, now held in concealment within
and without this State by its citizens, were honestly given
GOVERNOR THOMAS THEODORE CRITTENDEN. 371
in to the assessors, that amount would be largely exceeded
at the present time. If, in the wisdom of this legislature,
the expenditures of the public money should be carefully
guarded, and made only in the reduction of the existing
State debt, in the preservation and enlargement of its
various institutions of learning, and to carry on the neces-
sary expenses of the State, then in my opinion we may
begin to look to an early day, when the reduction of taxa-
tion may be had — I hope before the next general assessment
of property is made, which will be in two years from this
date.
PUBLIC DEBT.
The public debt has been reduced during this adminis-
tration as follows:
In 1881 ....
$252,000 00
In 1882 . . . . . ...
460,000 00
Total . . . ...
$712,000 00
If to this sum is added the $250,000 renewal revenue
bonds also paid in 1881, issued under the act of May 9,
1879, will make the aggregate reduction of $962,000 of the
liabilities of the State, within those two years.
This large sum of interest annually paid on the bonded
debt of the State is a heavy-draft on the energies and in-
dustries of our people, and should be reduced as rapidly
as possible by the reduction of the debt. This can only be
accomplished by severe economy in the appropriations of
your respective bodies. I do not suggest parsimony,
which, if carried to too great an extent, is as productive an
evil as profligacy, but that judicious economy which is
impressed with enlightened statesmanship and a proper
conception of the destiny of our prosperous State.
Not having been supplied with the necessary data, I
am not able to make a definite estimate of the amount of
money necessary to be raised by taxation for carrying on the
372 MESSAGES AND PROCLAMATIONS OF
State government for the years 1885 and 1886. I think the
amount will approximate $2,500,000, which will not material-
ly differ from that of 1883 and 1884. The increased popula-
tion of the State, with the necessarily increased demands
upon its resources, may increase that sum a few thousand
dollars.
The following table shows the receipts from all sources,
with the disbursements, transfers and balances for the year
ending December 31, 1884:
January 1T 1883
$860,463 55
Receipts and transfers, 1883
4,604,717 26
Total
$5,465,180 81
Disbursements and transfers, 1883
4,452,852 49
January 1, 1884, balance
$1,012,328 32
Receipts and transfers, 1884
4,300,542 77
Total
5,312,871 09
Disbursements and transfers, 1884
3,898,975 72
Balance, January 1, 1885
$1,413 895 37
The revenue laws of this State are not perfect by any
means. It is especially defective in that part governing
assessments. I think that office should be a salaried one,
commanding better pay and better talent. I call the atten-
tion of this bo>dy to a letter of especial merit from Tandy
H. Trice, collector of Buchanafi county, in reference to the
defective points in the revenue law. It is now in the hands
of the State Auditor, and will be laid by him before the Com-
mittee on Ways and Means. An efficient revenue law is
the source of much strength to the State; a bad one of cor-
responding and vexatious weakness. Since I have occupied
the executive office, my official intercourse with the Auditor's
office has befen pieasamt and instructive; finding the Auditor
ready at all tim&s to give m$ desired ^formation and valu-
able aid in the interest of the State.
GOVERNOR THOMAS THEODORE CRITTENDEN.
373
FUNDING THE PUBLIC
The bonded debt of the State now amounts to $11,-
803,000, and matures as follows:
1885
$3 000
1886
2 129 000
1887
3 720 000
1888
3 937 000
1889
747 000
1890
220 000
1892
185 000
1894
743 000
1895
565 000
1896
543 000
1897
11,000
Total
$11 803 000
Of this sum this General Assembly must provide for the
payment or funding of the following portions which mature
before the Thirty-Fourth General Assembly shall convene:
1885
$3,000
1886
2,129,000
1887
3,720,000
Total
$5,852,000
There will be in the treasury on the 1st day of January,
1885, $1,413,895.37; of this sum $1,200,000 can be safely
used in a further reduction of the debt, leaving upon that
calculation an existing debt of $932*000 ta be provided in
1885 and 1886. I think the incomimg revenues during the
year 1885 will meet that sum, leaving only the bonded debt
maturing in 18,87 to be provided for in some way. To be
prepared for any emergency tha$t may arise, I suggest that
such legislation be had as will provide for the whole of the
debt maturing in 18&6 and 1887. If the revenues of 1885
are sufficient to defray the expenses of the State government
374 MESSAGES AND PROCLAMATIONS OF
during the year, and a sufficient surplus be left to pay the
sum maturing in 1886, then such legislation can do no harm.
The State should be subjected to no hazards.
I think the State will have no difficulty in refunding that
portion of its debt that matures in 1886-87 at a lower rate of
interest than it is now paying, and the bonds will be readily
sought at a premium. This is the tribute that the financial
world pays to the "uniformly economical and careful ad-
ministration of the affairs of the State."
No arbitrary prices can now be fixed by this body at
which to fund the debt. It will be wise to leave it, to a
large extent, to the discretion of the Fund Commissioners,
only restricting the limit of the bond to twenty years, pay-
able after five years, and not to bear a higher interest than
four per cent. The terms and the conditions under which
we are called upon to provide for these maturing bonds are
quite favorable. Our debt has been rapidly reduced during
the last ten years, while the revenues of the State are being
constantly increased, and its capacities steadily developed.
The organic law of the State places such an insurmountable
safeguard around its debt and credit that no evasions can
be made, by even the most adroit of its iron rules and sac-red
determination. These considerations place our bonds in
high estimation upon the stock boards of our country.
SINKING FUND.
There was appropriated by the last General Assembly
$900,000 for the redemption and purchase of the bonds of
the State. It is regretted that a larger sum had not been
appropriated, as it could have been wisely used by the Fund
Commissioners. As it is, a large sum was left idle in the
treasury for many months, which could have been used for
the redemption and purchase of interest-bearing bonds.
Hereafter such errors should be avoided. If the money is
not demanded in the interest of the State and for the special
purpose for which appropriated, the mere act of appropria-
tion will do no harm.
GOVERNOR THOMAS THEODORE CRITTENDEN. 375
HANNIBAL & ST. JOSEPH RAILROAD CASE.
In my last message to the legislature the controversy
between the State and the railroad was fully presented up to
the status then reached in the litigation. I now continue
its history: After the United States Court refused to en-
join me from selling the road and appurtenances for delin-
quent interest upon the matured coupons, the road, or
certain trustees, paid that installment of interest, and then
amended its bill in equity, praying the relief as asked for in
a former bill, and in case that should be denied, asking the
alternative relief of a repayment of the $3,000,000. On the
final hearing of this bill at Keokuk, Iowa, by Judge Mc-
Crary, an interlocutory decretal order was made, prescrib-
ing legal rules by which the amount due by the company to
the State might be ascertained, and referring the whole
matter to a Master in Chancery, Hon. John K. Cravens, of
Kansas City, with directions to take an account thereof and
report the same to the court,
A great deal of testimony was taken on the subject of
the accounting between the State and the railroad, and the
matter was thoroughly argued twice before the finding of
the Master, after which the Master prepared his report
showing the balance due the State on said accounting,
January 1, 1883, to be $549,083.58. On the 1st day of
February, 1883, the Master having notified the parties that
the draft of his report was ready for examination, the parties
appeared and the solicitors for the complainants asked that
they be permitted to introduce as evidence the report of the
State Auditor to the Thirty-second General Assembly of
the State of Missouri as newly discovered evidence, which
was permitted against our objections. The complainant's
counsel filed many objections to the report, which were
thoroughly argued by both sides. The objections were
overruled, and the Master, on the 15th day of March,
signed his report, showing that the State was entitled, on
January 1, 1883, to $549,083.58, with interest. The find-
ing of the Master was a substantial victory for the State.
376, MESSAGES AND PROCLAMATIONS OF
Exceptions to this report were filed in court by counsel,
bqth for the State and the complainant, which exceptions
were, on April 25* 18S3, argued before Judges Krekel and
McCrary, in Jefferson City, by Attorney-General Mcln-
tyre, Hon. John B. Henderson and George H. Shields, for
the State, and by Judge Dillon, Mr. Root and Mr. Easley,
for the complainant. This argument was exhaustive,
going over the entire case and resulted in a modified final
decree for the State, and finding that the State was entitled
to receive from the Hannibal & St. Joseph Railroad Com-
pany on May 11, 1883, $476,049.27, with interest at the
rate of three per cent per annum till paid. Both parties
took appeals from the judgment to the United States Su-
preme Court. The United States Circuit Court, on Septem-
ber 16, 1882, in its interlocutory order, had enjoined the
sale of the railroad by the Governor until the final judgment
in the case upon the further payment of $90,000 on or before
October 4, 1882, into the State Treasury, which was paid
Octobers, 1882.
It will thus be seen that in addition to the $3,090,000
originally paid by the railroad company to the State, and
which was claimed by the railroad to be all that was due
to the State on account of the Hannibal and St. Joseph
Railroad Aid Bonds, that the litigation has so far resulted
in a judgment in favor of the State for $566,049.27 more,
$90,000 of which has already been paid into the State
Treasury,, and for the balance of which, to wit, $476,049.27,
the State has a lien upon the property of the railroad com-
pany if the judgment of the United States Circuit Court
should be affirmed by the Supreme Court of the United
States. In the ordinary course of business this case will
probably be reached in the United States Supreme Court
some time in 1886 or 1887, but it is hoped that the case
may be advanced and hfcard some time during the year
1885.
The last Legislature appropriated 110,000 to pay, as a
retainer or partial pay, the employed counsel of the State,
Glover <£ Shepley and Henderson & Shields. With pro*-
GOVERNOR THOMAS THEODORE CRITTENDEN. 377
found regret I announce that Messrs Glover & Sfaepiey
have both died since the case was last argued and decided
at Jefferson City.
Mr. Glover performed the labor of the firm in this case,
and did it with singular earnestness and ability, command-
ing the respect of both the court and his associate counsel,
in the management of this great cause. Henderson &
Shields are still retained by the State in the controversy.
I suggest that the Legislature make another appropria-
tion to compensate the counsel for their services in the case
up to its final determination in the Supreme Court of the
United States. It is confidently believed that the judgment
of the United States Circuit Court will be affirmed by the
Supreme Court, or that if a modification of the judgment is
made, that it will be in favor of the State,, in allowing a still
greater sum.
As D. H. Mclntyre will soon retire from the office of
Attorney-General, I suggest that the Legislature make a
sufficient appropriation to continue him in this important
case. Having been one of the Fund Commissioners ©f the
State from the inception of the controversy* and the lead-
ing law officer in the management of the litigation in behalf
of the State, and having served the State in this behalf with
unswerving fidelity and marked ability, he is necessarily
more thoroughly acquainted with the intricacies and salient
points involved in the litigation than it is possible for his
successor to become in the short time intervening between
this and the hearing of the case by the Supreme Court.
The State could make no wiser investment of its money.
The increased premium upon the United States bonds pur-
chased with the $3,000,000 paid by the trustees of the
Hannibal & St. Joe R. R. Co., has been more than sufficient
to defray the expenses of litigation upon the part of the
State. My official connection with this important case
being now severed, I sincerely trust the State will suffer no
harm in its final determination.
I recommend that the State take steps at once towards
the payment of the ovi&r-due coupons on the Hannibal &
378 MESSAGES AND PROCLAMATIONS OF
St. Joe bonds, and the payment of interest on the same at
such a percentage as may seem wise to the Legislature. I
think the State has arrived at that stage in the controversy,
when it is no longer just and honorable to delay the recogni-
tion of those demands. Such an act will uphold the credit
of the State. The issue between the State and the road
cannot be affected by their adjustment. This suggestion
is made with the sanction of the other Fund Commissioners
and the State Treasurer.
RAILROADS.
Missouri is keeping pace with her sister States in the
construction of railroads. It is yet one of the "new states,"
which has offered and is still offering inviting fields for such
enterprises. Nothing has done more towards developing
the State and bringing it into public admiration than the
various lines of railroad penetrating the different sections
of the state. Many look upon a railroad with distrust and
aversion, almost placing it in the catalogue of public robbers.
Strange as it may appear, this opinion is formed after having
sought its construction and even after having voted county
subsidies to further the project. A railroad is built and
run for two purposes: to make money for its owners and to
accommodate the people. They are not built as playthings
for the boys nor as subjects of demagoguery for the average
politician. It has been well said that in conducting the
business of a railroad it is well nigh impossible to suit every
community and every individual. The trouble is, each
community and individual wants the railroad operated for
his or its special convenience. Of course it is impossible
to do this. Then what should be done? How should these
great enterprises be managed? To what extent should
Congress or the States undertake to govern them? These
are no idle questions. To-day the answer to them is puzzling
professional railroad men and statesmen of the deepest
thought. It is impossible for the legislator of one day, of
one session, or even of one year, to comprehend these great
GOVERNOR THOMAS THEODORE CRITTENDEN. 379
questions and evolve from them relief to both the roads and
the people. I believe the created is always subject to the
creator; that at no time can it infringe upon popular rights,
disregard the inherent power of the people of the State —
that of self-defense — which can never be legislated away
nor surrendered; which principle has been clearly enunciated
by the Supreme Court of the United States in what is known
as the Granger cases. It is one thing to have such rights
reserved and sustained by judicial decisions, and another of
equal importance to exercise those rights. If there is an
evil in the growth and assumed power of great corporations,
there is an equal evil in oppressive and empirical legisla-
tion. Recurring to the first question, how to manage these
great enterprises, common sense suggests but one leading
answer, to wit: in such a way as for them to accommodate
the greatest number at the lowest reasonable rates; and,
upon the other hand, for that number to give the same con-
sideration to the capital invested in them as if it were in-
vested in houses, lands and merchandise, and not seek to
destroy it by unjust legislation and the decisions of partisan
courts. Railroads are entitled to the same rights and pro-
tection as other property — no more, no less, and no one
should complain at such a law and such decisions. If the
law is wrong, then, as Gov. Sherman says, amend it, for
there should be no distinctions among the people. If not
wrong, let us cease from inveighing against the roads, and
resolutely work for the interests of the people, for the
interests of the State and the interests of the roads. The
second question is, to what extent should Congress or the
States undertake to govern them? I answer, by as little
legislation as possible, and that upon vital points. Rail-
road managers and the people are not necessarily in antago-
nism to each other. Wherever a railroad goes we see addi-
tional value given to the land and a new value given to the
products of the land. Transportation is one process of
manipulation which transforms the products of the wheat
fields into bread, life and happiness for the hungry thousands
elsewhere. Let us not forget this important fact, and we
380 MESSAGES AND PROCLAMATIONS OF
will find our opposition to railroads gradually diminishing.
As said by a thoughtful writer: "Gradually the railroad
managers have reached a better understanding of the fact
that the prosperity of their corporations and the growth of
their properties were indissolubly linked with the growth
and prosperity of the community from which they must
derive all their business. This view is clearest among those
managers who have control of the most diversified interests,
among those whose lines stretch through different States and
supply different communities."
Railroads are common carriers and are entitled to
receive a just compensation for their labor. What is just
compensation to one road would not be to another. No Con-
gress, no Legislature, can prescribe, by its own acts, nor by
or through a Board of Commissioners, an inflexible rule or
rate of fares and freight applicable, at all times, and to all
railroads, which would not build up one road and at the
same time destroy another. Many causes forbid such an
iron rule. Commercial depressions, bad harvests, meteor-
ological emergencies, manifold reasons beyond the power of
human control or foresight, may, in a few months, reduce
the demand for transportation to the minimum, where the
tariff which yielded a fair profit, when there was more freight
to be moved, would not yield any profit at all under those
adverse circumstances. Legislators might as wisely under-
take to fix the price of corn for the farmers for a series of
seasons or years. The minimum rate one season might be
more than the maximum the following season. Business
and competition are the true regulating forces in transporta-
tion, more potential than legislative acts, and more wisely
applicable to all conditions. No fixed rule can be adopted
in regard to freight and passenger rates. As a rule, the
rates of to-day are less than the rates of one year ago.
As science and skill in railroad business secure lower rates
of operating expenses, so they at the same time secure lower
rates in freight and passenger transportation. The rates
in existence in Missouri ten years ago would be considered
GOVERNOR THOMAS THEODORE CIUTTENDEN.
381
inequitable at the present time, by the managers of the
roads, and would not be submitted to by the people. To
show you what progress has been made in such reductions,
I append a table relating to the business of the main line of
the Pennsylvania Central Railroad. This presents a com-
parative idea of such reductions on all the lines.
There are very few persons who have any conception of
the rapidity with which the rates of transportation have
been reduced in this country since the close of the late civil
war. The following table, confined to the business of the
main line of the Pennsylvania Railroad between Philadelphia
and Pittsburg, gives some information on this subject, and
the figures are authentic. It shows, for each year since
1865, the number of tons of freight moved one mile, the
rates per ton per mile, and the amount of reduction in
any given year, computed on the difference between the
rate in that year aad the rate charged in 1865:
Years.
Total tons,
one
mile.
Average
rate
per ton
per
mile.
Amount of
reduetian
each year,
computed on
rate of 1865.
1865
420,060,260
2.665
1866
513,102,181
2.282
$1,965,181.35
1867
565,657,813
2.092
3,241,219.27
1868
675,775,560
1.906
5,129,136.50
1869
752,711,312
1.718
7,128,176.12
1870
825,979,692
1.549
9, 217 ,§33. 38
1871
1,011,892,207
1 . 389
12,911,744.56
1872
1,190,144,036
1.416
14,864,S99.01
1873
1,384,831,970
1.416
17,296,551.31
1874
1,372,566,976
1.255
19,353,194.36
1875
1,479,414,466
1.058
23,774,190.47
1876
1,629,742,021
0,892
28,895,326.03
1877
1,494,798,198
0.980
25,187,349.64
1878
1,732,003,131
0.918
30,258,094.70
187$
• 2,136,708,887
0.796
39,935,Q88-.&1
1880 , ....
2,298,317,323
0.880
' 41,684»&e4.22
382
MESSAGES AND PROCLAMATIONS OF
Average
Amount of
rate
reduction
Total tons,
per ton
each, year,
Years.
one
per
computed on
mile.
mile.
rate of 1865.
1881
2,655,438,764
0.799
$49,550,487.34
1882
2,879,542,701
0.817
53,213,949.11
Total reduction for
$382,947,486.26
From the above statement it will be seen that in the
year 1882 the average charge for carrying freight over the
Pennsylvania road has been brought down to less than one
per cent, per mile, while the reduction in cost of carriage as
compared with the rates charged in 1865 was over $50,-
000,000! The whole saving in seventeen years on this
single line to the producers, whose commodities have been
transported back and forth, in consequence of the yearly
reduction of rates, has been the enormous sum of $382,-
947,486. The greatest stickler for cheap transportation or
the most ardent advocate of anti-discrimination, if he had
been allowed in 1865 to mark down the price of transporta-
tion to suit his fancy, would not have ventured to reduce it
$1,000,000 per year. But the railroad company, impelled
by no other consideration than the natural laws which
govern all trade and traffic, has reduced the comparative
cost of transportation on its main line for the last seventeen
years at an average rate of over $20,000,000 per year. The
vast reduction can be looked at in no other light than a
saving to the pockets of the people of this country. The
cost of transportation is an element in the cost of all produc-
tion. In proportion as transportation is cheapened, the
producer and the consumer are both benefited. A very
large share of the benefit arising from the reduced rates on
the Pennsylvania Railroad has gone into the pockets of the
people of Pennsylvania. It is a question which legislatures
GOVERNOR THOMAS THEODORE CRITTENDEN.
383
should very narrowly consider when they undertake to
make new rules for regulating a business of such vast pro-
portions. If they confine themselves to enacting laws which
compel transportation companies to make like charges for
like service rendered, they have gone as far as it is passible
to go in legislating laws against freight discriminations
without working great injury. It is to the interest of every-
body that the railroad companies should remain as they now
are, masters of the rates of transportation. They cannot
do business without discrimination. Uniform rates, if they
could be established, would put an end to the business of
every trunk line in the country in thirty days by breaking
up the system of through freights. The people cannot
afford any such folly.
I also call your attention to other tables on through
freights :
MICHIGAN.
Kate per
ton per
mile.
1874
1.32 cen
1.20
0.982
1.332
1.053
0.92
0.86
0.92
0.97
bs
1875
1876 . . . ....
1877
1878
1879 . . . . ...
1880
1881
1882 ....
MESSAGES AND PROCLAMATIONS OF
ILLINOIS.
Rate per
ton per
mile.
1880
1
. 38 cents
1881
1
.20
1882
1
.26
1883
1
.09
MISSOURI.
Average rate per ton per mile, (all freights, local and
through,) in Missouri, 1878
Average rate per ton per mile, (all freights, local and
through,) in Missouri, 1883
Average rate per mile, passenger fares, (local and through,)
in Missouri, 1878
Average rate per mile, passenger fares, (local and through,)
in Missouri, 1883
1 . 98 cents
1.40 "
3.56
2.89
Could one desire a clearer demonstration of the futility
of legislation and the all but omnipotent power of com-
petition? Competition is a subtle, unseen power that works
sileivtly but remorselessly in bringing down rates, as the
river brings down the banks by constantly sweeping against
them. It is not simply competition between lines, but the
mightier competition between city and city, section and
section, commodity and commodity, which strikes irresist-
ibly against legislative enactments and pool dictation and
overwhelms them. It is working in the interests of the
people at large, here a little, there a little, but working out
good alike for the roads and the people, and will only pro-
duce disaster when legislative bodies and transportation
managers combine to throttle, for neither can do it alone.
The reduction of passenger and freight rates in Mis-
souri since the war, from natural causes, has been in the
same ratio as in Illinois and Michigan. There have been
GOVERNOR THOMAS THEODORE CfUTTENDEN. 385
two reductions made by the roads in obedience to legis-
lative demands; the first in 1865; the second in 1879. The
rates fixed by the roads in 1865, were based on the inflated
values then existing, but these were soon changed in con-
formity to public sentiment. Five years ago the Legis-
lature fixed the maximum rate of charges in freight and
passengers, and the roads at once submitted. When the
law was passed in 1879, the rates were held to be firm and
just, and nothing has happened since then to justify any
one in saying those rates are now too high. I think the
law should be so amended as to give the Commissioners
power to enforce uniform passenger rates over all the lines
of roads in the State. That rate should not be in excess
of three cents per mile. Only a few roads now charge
over that rate, and some of those will conform to that rate
after the 1st of January, 1885.
Discriminations will take place in the management of
railways, as in the management of any other class of busi-
ness. The inflexible rule should be that the same service
shall always be rendered for the same compensation for all
alike; but to establish, or seek to establish, a rate that no
more should be charged per mile for a short distance than
for long distances is against both con&non sense and the
experience in life of every transaction in business. Th-e
purchaser of a hundred hogsheads of sugar is ever given
more favorable rates than the purchaser of a pound, a
barrel or a single hogshead. Competition, as before said,
is the solution of the difficulty, and is the all controlling
force in modern commerce, and we should do nothing, and
we should allow the roads to do nothing which would ham-
per, interfere with or obstruct it.
I think the Commissioners have it in their power to
accomplish more with the managers of the roads in a quiet
and less expensive way, in the interest of the patrons of the
roads, than can be done by legislative action. It is in duty
bound to study the railroad question in every aspect, aad
supervise its management so as to harpxonize and protect
the iatefests of the roads and the shippers alike. As GCKV.
386 MESSAGES AND PROCLAMATIONS OF
Cullom well said: "This work is of such a nature that it
can never have a perfect and final accomplishment. The
changing conditions of trade, the development of new in-
dustries and teachings of experience and observation, will
furnish grounds for their revision, which must be made with
full recognition of the rights and interests of all parties
concerned."
Possibly Georgia has one of the best compilations of
railroad laws in the United States, giving satisfaction to the
roads and the people. Gov. McDaniel says, in his last
message:
" Rightly administered, the important powers vested in the Com-
mission, should result in benefit to the railroads and to the public. There
can be no real conflict of interest. The public is entitled to prompt and
efficient railway service for the accommodation of travel and traffic, for
which the railroads are entitled to sufficient compensation to cover
operating expenses, the cost of maintenance, improvement and renewal
of the property, and in addition, a fair average return for the value of the
investment and the risk incurred. The office of the Commission is to
determine, in case of dispute between shippers and railway managers,
what is just and reasonable compensation.'*
If necessary, invest, the Commission with more power.
Twenty-one States now have Commissions. By such means,
a vast flood of light has been shed u'pon the subject, to the
advantage of all parties concerned. I think our railroad
laws are sufficiently explicit in most of the essential points,
and only minor amendments are required.
While giving the Commissioners power to adjust the
difficulties between the people and the roads, the legislature
should be careful not to make them managers of the roads.
There can be, with safety, but one federal head in the
management of such essentially dangerous and complex
bodies. Restraints on roads are important; so are restraints
on commissions. The safe board of to-day may become the
ambitious and grasping one of to-morrow: "Create an
office, it matters not how important its functions at the
beginning, they will gradually be increased." Every step
opens the way to further their aggrandizement. The
growth of Missouri in railroad interests and the prospects
GOVERNOR THOMAS THEODORE CRITTENDEN. 387
of so continued growth within the next year, under our
liberal laws, is gratifying indeed, as every mile of road adds
increased wealth and increased population.
In my last message I said: "If the same wisdom
characterizes the legislation of this State in the future, as
in the past, we may reasonably expect larger investments
in railroad construction, and the erection of thousands of
homes upon our idle acres."
Since the first day of May, 1883, there have been con-
structed 236 miles of railroad in this State, 113 miles in
1883 and 123 miles in 1884, built in or through the counties
of Chariton, Carroll, Cape Girardeau, Greene, Henry,
Howell, Polk, Stoddard and Wayne, making 4,738 miles of
railroad now in operation in Missouri.
The gross earnings of the roads for 1883
Gross earnings of roads for 1884, (Estimated)
Gross earnings per mile for 1883
Gross earnings per mile for 1884, (Estimated)
Total stock chargeable to number of miles up to Jan.
1, 1885.
Being equal to, per mile
Total bonded debt Jan. 1, 1885.
Equal to, per mile
$28,754,334.96
29,000,000.00
6,343.00
6,131.00
117,766,238.00
26,429.00
106,958,557.00
24,106.00
It will be observed that there has been a small decrease
of the earnings per mile in 1884 over that of 1883, attribut-
able to two facts: an increased mileage and a slight decrease
in tonnage, owing to decreased values. The earnings per
mfle of the roads in the last ten years have materially in-
creased, owing to the rapid growth of the State, an,d the
greater skill in operating the roads. I doubt if any State
has a superior class of railroad managers to those of Mis-
souri. They are ever ready to treat citizen and patron with
that courtesy du^ them,1 and to right every wrong as far as
reasonable. The following fifteen counties are without
railroad accommodations: Carter, Cedar, Dallas, Douglas,
Hickory, McDonald, Maries, Ozark, Perry, Pemiscot,
Reynolds, Ste. Genevieve, Shannon, Stone and Taney.
388 MESSAGES AND PROCLAMATIONS OF
That number, I am informed, will be reduced to ten within
the next year, and it is now reasonably supposed that 400
miles of new road will be constructed during that year.
This will add millions of dollars to the wealth of the State,
and should forbid oppressive and illiberal legislation.
Just laws will bfe of much more benefit to the State than ill-
considered ones, which but add confusion to the many
vexed questions already disturbing the people and the roads.
I am still of the opinion, as expressed in my last message,
that the depots and surrounding grounds, as far as practi-
cable, should be improved and beautified, especially along
the main lines of the trunk roads. Ttfey are not now in
keeping with the wealth, tracks and machinery of the roads.
A few thousand dollars so expended would add much to the
popularity of the roads and the honor of the State. All
things beiag eqfo'al, the traveling public will patronize those
roads exhibiting that degree of pride and desire to gratify
the pliblic taste. Such small expenditures contribute much
to relieve the tediuto of traveling. The depots in Uiis
State, as a general thing, are wanting, not only in archi-
tectural beauty, but also, to a large extent, in the ordinary
comforts that should be fouhd in such places, nwiy being,
in fact, repulsive to the least cultured and the least refined
of society, and often the resorts, during the arrival and
departure of trains, of vulgar and insolent loafers. The
managers of the roads and the town officials should break
up such nuisances. The commissioners should condemn
the obnoxious and inhospitable depots, calling upon the
managers of the roads to supply more acceptable ones
without delay. It is clearly within the line of duty of the
commissioners as specified in section 13 of the act creating
said board, approved March 29th, 1875. With these views
as above expressed, whatever legislation, in your assembled
wisdom, you may deem wise to enact, I trust the great rule
of equity shall govern, so that while the individual interests
of the citizen are guarded, those of the corporations them-
selves shall not be unjustly dealt with.
GOVERNOR THOMAS THEODORE CRITTENDEN. 389
STATE CLAIMS.
Under an act of the Legislature, approved March 19th,
1881, Hon. John T. Heard was appointed by the Ftind Com-
missioners as agent in behalf of the State, to prosecute to
final settlement before Congress and the proper departments
at Washington, certain Claims of the State against the
federal government, enumerated in section 1 of said act.
He at once entered upon thfe discharge of his duties, and
recovered from the government the sum of $234,594.10,
which amouht, less his commission, was deposited in the
State treasury on the 14th day of August, 1882. Since the
collection of this sum of money, Mr. Heard commenced
prosecuting with great activity the following character of
claims, in which Missouri and its citizens are largely in-
terested: claims under an act of the Legislature, of March
22, 1883; individual claims against the government; interest
olaims of Missouri against the government; direct tax claims
in favor of Missouri against the government; which claims,
in the aggregate, involve over one million of dollars. Since
the commencement of this important work Mr. Heard h#s
been elected a mfember of the next Congress of the United
States from the sixth district of Missouri, and has con-
sequently resigned as State agent, and Hon. John R. Walker,
of Cooper county, has been appointed in his stead. Mr.
Heard having submitted to the Fund Commissioners a
satisfactory account of the work performed and of that to
be performed in the future by his successor, I respectfully
ask that his report be printed for the information of the
General Assembly.
PENITENTIARY.
There are few subjects, if any, which will engage your
attention that are of greater practical importance than the
management of the penitentiary, and there is none so mis-
understood, from ignorance or from some designing cause.
It is an institution so prominent in a State administration,
390 MESSAGES AND PROCLAMATIONS OF
that if unwisely and corruptly managed, the world would
know it at a glance, as it is a "city set on a hill, which can-
not be hid."
The penitentiary is in excellent condition at the present
time. It has been successfully managed during this ad-
ministration, not costing the State a dollar in its running
expenses, except in the pay of its civil list.
From an examination of its books I find that the earn-
ings and receipts for the years 1883 and 1884 (December,
1884, estimated) to be $266,897.82, and there has been ex-
pended for maintenance during those years (December,
1884, estimated)1 $238,486.10, leaving $28,411.72 upon the
credit side of the prison, which has been expended as
follows:
Pay-roll of officers and employes, October and November,
1884
$8,368 42
Permanent improvements, materials, etc., for new build-
ings
18,543.30
For fuel in excess of amount on hand, December 31, 1882.. .
Real estate for rock quarry use
1,000.00
500 00
Total
$28,411 72
Which is the excess of earnings as above given. The
last Legislature appropriated $155,000 to replace certain
buildings or workshops which were destroyed by fire Feb-
ruary 23, 1883, and to extend the walls of the penitentiary
and to do certain other specific work, detailed in the bill.
These demands exhausted the appropriation before the work
was completed. Under the direction of the Prison In-
spectors the Warden expended, as before stated, $18,543.30
for materials purchased and used in the construction of the
buildings and wall. In addition to this sum, the Warden
expended $14,000 for brick, rock, labor, etc., for which he
should receive credit, as the brick, rock and labor represent
a value equal to that amount of money. If no credit is
given the penitentiary for the excess of earnings over that
of maintenance, $28,411.72, and the $14,000 for brick, rock
GOVERNOR THOMAS THEODORE CRITTENDEN. 391
and labor, as above stated, then there will be an outstand-
ing indebtedness of $3,750 against the prison, but if credit
is given for those amounts, which should be done, then there
is a surplus of $40,000 in favor of the prison, which surplus
accrued during the year 1884, which .shows that the in-
stitution, with its rapidly increasing numbers of inexpe-
rienced laborers, has been managed with singular foresight
and judgment, commanding the respect of all the business
men who have investigated or had means of knowledge as
to how this prison has been managed during this administra-
tion.
The new buildings have been fully completed and are
pronounced equal if not superior to those erected in any of
the States for shop purposes. They are commodious,
fire-proof and well ventilated, and specially well adapted
to the uses to which they have been assigned. The walls
of the prison should be completed as soon as practicable.
If the prison is not divided, more ground should be taken
into the enclosure, which may necessitate the removal of
the Warden's residence and the erection of a new one else-
where.
The following tables show the number of prisoners
confined in the penitentiary during the years 1883-4:
Total number prisoners remaining on hand December 31,
1882,
Total number prisoners received in 1883. .
Total number prisoners received in 1884..
Total number prisoners discharged 1883.
Total number prisoners discharged 1884,
On hand December 31, 1884.
1,348
590
680
525
555
2,618
1,080
1,538
December is estimated in the above statement:
In 1881 the daily average was 1,205; in 1882 the daily
average was 1,318, showing an increase of 113 in 1882 over
392 MESSAGES AND PROCLAMATIONS OF
1881; 125 in 1883 over 1882, and 95 more in 1884 than 1883.
These figures show that with an increase of population there
has been a corresponding increase of crime and an increase
of convictions. It is now a settled fact in Missouri that the
laws will be enforced; wrongdoers of ail classes will be pun-
ished and all classes of honest and industrious people will
be protected from personal or property disturbance.
The cost per capita for maintenance for 1883-4. .
Guarding. . r , ,,,.,,,
22 8-10ths of a cent
8 7-10th,s of a cent
Total cost per capita
31 1-2 cents
Which is 1 19-30 less than the cost of maintenance and
guarding in 1881-2.
This is a lower rate than prevails in any other State.
The Missouri Republican used this language after the report
of the Legislative Committee on the penitentiary in 1881-2,
which is more applicable now than then, as the prison is
more economically managed now than then:
"This settles the matter and shows to the people of
Missouri what they had good reasons for believing before,
that their State prison is in the hands of honest and capable
officers, and is one of the most economically and efficiently
managed institutions of the kind in the country. Indeed,
it is a part of a general State administration which challenges
respect both at home and abroad."
The health of the prison is excellent. The death rate
is small. No epidemic has existed within its walls for years.
Deaths in 1881 (in a total of 1,205 prisoners) 22, being
1 8-10 per cent.
Deaths in 1882, in a total of 1,308 prisoners, were 18,
being 1 2-5 per cent.
In 1883 there were 20 deaths in a daily attendance of
1,382, being 1 309-691 per cent,
In 1884, there were 23 deaths in a daily attendance of
1,476 prisoners, being 1 206-369 per cent. It is doubtful if
any prison can present a more striking table than the above.
GOVERNOR THOMAS THEODORE CRITTENDEN. 393
BRANCH PENITENTIARY.
This legislature should maturely consider the question
of building a branch penitentiary, upon a railroad, near some
prosperous business town or city. There are too many
prisoners in this prison for safety and health. It contains
now the largest number of prisoners of any penitentiary in
the United States, excepting Sing Sing, New York. A
committee should be appointed to investigate the neces-
sities for such a branch prison, and to ascertain the most
eligible point for it. Or that duty should be imposed upon
the Prison Inspectors.
PARDONS.
I have exercised the pardoning power as often as I
have thought it wise and prudent, taking care not to abuse
the confidence of the State, nor, by its illiberal use, have a
wrong done the citizen. Those pardoned, with few ex^-
ceptions, have at once engaged in honest industry and are
making law-abiding citizens. The Executive should never
hesitate in the exercise of this power, when he is satisfied
that a wrong has been done the convict by an oppressive
sentence, by perjury of interested witnesses or the rash
actions of an excited jury or court. The public often cen-
sures the Governor for granting pardons when it is least
advised, as to the real facts connected with the case. He
knows, or should know, those facts much more intimately
than the public. In every instance he has all the facts
before him; the impelling motive of the prosecution, a
knowledge of the acts of the court, jufy and witnesses, and
often has evidence that a conviction was had on suborned
testimony, or facts that justify the belief that an excessive
punishment has been inflicted, which does an injury alike
to the man and the State, and many other minor reasons of
which the- public can know nothing. Such unjust criticisms
often do violence to the truth, violence to justice and violence
to society. It is better that ninety and nine guilty per-
sons should escape than One innocent shcrakt be wrongly or
394 MESSAGES AND PROCLAMATIONS OF
unduly punished. Nothing hastens a man's steps towards
crime more rapidly than the belief that he has been wrongly
convicted and harshly sentenced. In the forum of his own
conscience he stands the accuser of society for the wrong
inflicted upon him. From being the sinner, he has become
sinned against, and he starts out upon a new and real career
of crime, feeling the glow of moral sanction as he resolves
afresh to perpetuate his war on society. Such feeling is
rational. It is one of the infirmities of fallen nature, and
it will be hard to reform the criminal when he feels, and has
such just cause to feel, that he is himself the subject of a
greater wrong at the hands of society, than he ever inflicted
upon it. The pardoning power is vested in the Executive to
meet such cases, by the law makers, thinking it wiser to
save a man than to have him an unjustly condemned crim-
inal for life, with no chance to retrieve his shadowed reputa-
tion and rebuild his prostrate character. In addition to the
errors of trial and conviction, the Executive discovers traces
of manhood still left in the criminal, and is impelled to save
him to a more honorable walk in life, and would more often
succeed if society would aid in his reclamation, by a kind
word and a helping hand, and not further seek to burn the
stripes of his garb into his body and memory, by cheerless
indifference. I pardoned, within the first two years of this
administration, 62 persons and 73 from the meeting of the
last General Assembly up to January 1, 1885. These were
generally those who do not belong, in the full sense of the
word, to the criminal class; they are largely those convicted
of murder in the second degree. Such persons are often
the victims of misfortune rather than criminals, who, under
the influence of sudden passion, being assaulted or in a
heated personal encounter, killed their fellow man, and in
whose hearts no vindictive, no malicious, no criminal feel-
ing had existed prior to the act, but who were driven to it
by a mischance that may befall any man in society. The
law declares them guilty of crime and condemns them to
punishment. But are such not worthy of consideration?
Should a pardon never reach them? Were those upon
GOVERNOR THOMAS THEODORE CRITTENDEN. 395
whom the Tower of Siloam fell much worse sinners than
many who exulted over the fall? The law in such cases
needs no vindication. It inflicts the punishment as a
measure of discipline for those upon whom it falls, and a
warning to others to keep their passions under control and
resist evil. Upon consultation with the Warden and prison
officers, I have pardoned two prisoners on each recurring
4th of July and Christmas day. They have uniformly been
prisoners of long sentences, who have conducted them-
selves well in prison, generally one of each color, and in
most instances those who have had no friends to intercede
in their behalf. Those holidays have been looked to with
more than ordinary interest by the prisoners, as no one of
them knew upon whom the favor would fall until called
to receive the pardon.
The custom has worked well, and has had a salutary
effect. In no instance has one of those pardoned misbe-
haved in society. They are impressed with the idea that
the same conduct that secured the pardon will secure suc-
cess in the ordinary walks of life. I now think it would be
wiser to grant conditional rather than full pardons to those
receiving this grace of the State. This grows out of two
facts: First, the discharged convict is aware that he still
remains under the supervision of the State, and that the
State trusts him on condition that he makes a law-abiding
citizen; second, he is also aware of the fact that if he violates
that condition of the pardon, he will be tried and rein-
carcerated for the balance of the original sentence. Under
such a pardon, he is the subject of one of those two impulses
which are to be found in every man: pride and fear, and
which govern every man either in one or the other direction.
There are quite a number of old, enfeebled and broken-
down men in the hospital of the penitentiary who have been
there, if not since they entered upon their sentences, at
least the greater part of the time. Those men are a burden
to the State, and should be discharged, provided relations
or friends will take them. I suggest that the joint com-
mittee of the Senate and House on the penitentiary, recom-
396 MESSAGES AND PROCLAMATIONS OF
mend their pardon. This will bear the semblance of a
legislative act and relieve the Governor from all unjust
criticism. I also suggest that this body should relieve or
provide in some way for several insane convicts whose terms
of sentence have expired. There is no reason why they
should be thus forced on to that institution when their
presence and conduct have such a deleterious influence on
those associated with them in the hospital. They should
be removed as a matter of humanity from the hospital, and
from a sense of duty to the State.
REFORM SCHOOL.
Missouri has attained that wealth, population and
prominence when it can no longer, with any degree of self
or national respect, delay the erection of a reformatory
school. Such a school would save from a life of crime many
youths who, from vicious instincts, or depraved reading
and associations, become confirmed and costly criminals.
If those were taken "in the days of their youth," their
hearts and brains could be so trained as to abhor crime.
Nothing is so costly to the State as jails and penitentiaries.
If the State is the guardian of its children, it should be pre-
pared to take charge of the little waifs of society, "the
flotsam and jetsam on the wild sea of life before the evil
days draw nigh when they become hardened criminals.^
The St. Joseph Gazette well says upon this subject:
"One of the main purposes of punishment is reform. But what a
blot upon our civilization, a sad commentary upon our so-called en-
lightened methods of dealing with crime, is thus revealed by the records
of just one of a thousand criminal courts! Clearly the present methods
of dealing with crime are a colossal failure so far as their reformatory
influences are concerned. Something is wrong and must be corrected.
Here reform begins, and this reform, this gradual leading of a young
heart from a channel of viciousness to one of right and honor, is not to
be accomplished by hardened criminals, nor can it be done in a day, or a
week. It is the work of men and women who have made it a life pursuit.
Tt is a work which belongs to a school established purely for the purpose
of reforming boys and girls, around whose lives baleful influences have
been thrown, but who, if properly treated, can be developed into honor-
able and useful members of society. Christianity and civilization and
humanity demand such an institution in Missouri to-day/'
GOVERNOR THOMAS THEODORE CRITTENDEN, 397
Experience teaches that there are fewer convictions for
felony where Reform Schools exist, as there are fewer viola-
tions of law.
The Legislature should give serious thought to the im-
portance of such a school All the progressive States of
our land have such schools. Here, too, Missouri must
keep pace with them.
INSANE CRIMINALS.
The attention of the Legislature is earnestly called to
the existing condition of the law in relation to the treatment
of persons acquitted of criminal offences on the ground of
insanity. Such persons are at present turned loose upon
society, where the same cause may produce the same un-
fortunate results, It is recommended that a law be enacted
to the effect that whenever there is an acquittal on the ground
of insanity, a verdict to -such effect shall be returned by
the jury, and thereupon the accused shall be remanded by
the court to some public asylum for the insane, there to be
retained in custody until pronounced cured by competent
medical authority.
It is submitted that under such a law the interests
both of society and of the individual will be better sub-
served than is now the case. It too often happens, as the
records of our courts will show, that with the alternative of
a verdict of murder in the first degree or of one of acquittal,
a jury is apt, according to the prejudices prevalent in a
community, to be readily swayed either by sympathy with
the accused and a doubt as to his true mental condition or
by too stern a disposition to avenge the outraged law. In
the one case a guilty person goes wholly unpunished because
the jury deems capital punishment too severe a penalty.
In the other, it may and does happen that one who is merely
the victim of disease, and in no sense criminal, is condemned
to an ignominious death.
From the experience of other countries where such a
law as the one proposed is in force, it is confidently to be ex-
398 MESSAGES AND PROCLAMATIONS OF
pected that the plea of insanity will be much more rarely
invoked, when, if successful, it may consign the accused to
a life-long imprisonment, and juries will be less likely to
inflict unmerited punishment, when they are satisfied that
the public may be protected by milder measures.
There is no branch of the criminal law in a more un-
satisfactory state than that relating to the plea of insanity.
Cases of homicide are constantly before our courts in the
trial of which the sciences of law and medicine appear in
irrepressible conflict. The lawyers charge the doctors with
"a sentimental indulgence for crime," and these retaliate
with a charge of "inhumanity towards the defects of human
nature/'
Juries, in consequence, confused with a discord where
all should be harmony, render verdicts which are irrecon-
cilable with true principles of either science. The proposed
legislation, it may be hoped, would do much towards curing
this evil. The dispute between lawyers and doctors would
cease to be of practical importance. The penalty of death
would be inflicted only in clear cases. Society would be
amply protected by incarcerating the insane criminal for
life or until a permanent cure was effected.
In the light of several tragedies during recent years in
the penitentiary, it is clear that this is not the place for insane
criminals, while these sad events would seem equally to
prove that its walls not infrequently contain those who are
not otherwise guilty of crime than through the irresistible
dictates of a diseased brain. I urge upon this Legislature
the importance of building a criminal insane asylum within
the walls of the penitentiary for the double purpose of pro-
tecting the sane from the deadly attacks of the insane crim-
inal, and affording some intelligent means of restoration to
reason of those so unfortunate as to lose their reason while
in prison.
DOWNING LAW.
I suggest that this law should either be repealed or so
amended as to make it applicable in its provisions to every
GOVERNOR THOMAS THEODORE CRITTENDEN. 399
part of the State alike. This law has been, in part, made
inoperative in the city of St. Louis by the presumed exist-
ence and operation of the act of 1857. I am inclined to that
view, but, as it was so declared by a court of adequate juris-
diction, the civil authorities of that city acquiesced in the
ruling. I suggest that the act of 1857 be repealed, thus
leaving the Downing law in unquestioned operation over the
whole State. As a police law, I think the Downing law has
already accomplished much good, and can be made much
more effective, with certain amendments. No law should
remain a dead letter upon the statute books. If a good one,
it should be enforced; if a bad one, it should be repealed.
In 1880 there were 3,042 licensed dramshops, 127 wine and
beer saloons and 90 drug stores retailing liquor under the
then existing license. The State license, together with the
advalorem tax on the liquor sold by the saloons, amounted
to $157,916, and county license and tax to $296,970, a
total of $458,896. The tippling houses increased in num-
ber in the State between 1880 and the time this law became
operative. This law has reduced the number of dramshops
or drinking saloons within the first year of its operation
from 3,601 to 3,150, a decrease of 457 or 12 per cent., and
has reduced the number of places of strong drink from 3,469
to 2,115, over one-third. There has been an increase of
903 wine and beer saloons under this law. I think that
section of the law should be repealed, as many who seek
shelter under it do so for the purpose of violating it, and, in
fact, making their saloons open dramshops without paying
for the privilege. While the revenues of the counties have
been largely increased under this law, those of the cities,
towns and State have been much reduced. This should be
remedied. No law should work so partially in favor on one
division of the State against other divisions, and in fact the
State itself. For the violation of this law the courts should
either impose the maximum penalty or this body should
repeal the minimum fine. The county revenue from saloon
licenses has been increased from $358,000 to $1,164,000, an
increase of $806,000 within the first year. The State revenue
400 MESSAGES AND PROCLAMATIONS OF
from that source has been diminished $85,041.06 within the
first year, and several small counties yet to be heard from.
Heretofore the county courts have exacted the minimum
license, $550, from those seeking the privilege of trade.
The maximum price is $1,200. I think experience and the
demands of society will require an increase in the value of
the license over that of $550 and a more equitable division
of the amounts between the towns, cities and State. In-
temperance is on the decrease in the State from two causes:
A stronger moral sentiment and fewer places of temptation
to the young and old. There are twenty counties in the
State in which license cannot be obtained for dramshop
purposes. Public opinion is demanding a strong and
effective law upon the license system; one that will dis-
courage, rather than encourage, public drinking saloons,
and at the same time requiring a strict enforcement of that
law; crediting those who comply with the requirements of
the law, by severely punishing those who violate it under
any pretext whatever. There is also a strong and growing
sentiment within this State in favor of closing dramshops
and forbidding the sale or giving away of intoxicating liquors
by the keepers of such places on Sunday. The religious
papers of every religious belief have spoken strongly upon
this subject, and those authorized to speak for the churches,
have issued strong deliverances in favor of thus preserving
that Holy day. The moral sentiment of this State demands
it and these deliverances are but the faithful echoes of that
sentiment.
I am unwilling to see this day, one of the bulwarks and
mainstays of our form of government, abolished by legis-
lation, infidelity, or passion for gain. It should be preserved
"in every line of its rubric and every thread of its vestment,"
as one upon which all classes can say, "in obedience to
divine, statutory and physical laws,"
Those engaged in the manufacture and sale of spirits
recognize this fact. The western distillers held a conven-
tion in Chicago within the last year and issued a series of
resolutions of much significance, which I present for your
GOVERNOR THOMAS THEODORE CRITTENDEN. 40
consideration. They enumerate two ideas very clearly
To preserve an orderly Sabbath, and a well digested license
law that will protect the State as well as the licensed. I
those prominent ideas are not observed by that craft, th<
natural result will be more stringent legislation in the future
WHEREAS, It is well known that the American people were broughi
up to preserve an orderly Sabbath, and laws are on the statute books
forbidding all kinds of labor on that day; therefore,
"Resolved, That we are in favor of enforcing those laws, and ask nc
special privilege for this business we are engaged in.
"Resolved, That the fact that prohibition does not prohibit, has
been abundantly proven. Therefore, we are in favor of a well digested
license that will protect the State as well as the licensee, and the priot
placed at such a point as will yield a large revenue, reduce the number ol
drinking places and elevate and make more respectable this branch oi
business."
With a disposition to have the Downing law fairly
tested, I have sought to have it enforced throughout the
whole State and have not remitted any penalty inflicted
under its provisions.
COMMON SCHOOLS.
The people, in the Constitution of Missouri, having
declared that "A general diffusion of knowledge and in-
telligence being essential to the preservation of their rights
and liberties/' and a similar provision being found in every
constitution under which we have lived, from that of 1820 —
when Missouri was admitted into the Union, down to the
present time, — it is proper that I should again declare that
it has been one of my chief aims, as the Executive, to pro-
tect and preserve, unimpaired, the excellent free public
school system which was laid in the first constitution, in
1820, and perfected afterwards by laws passed in pursuance
of out different constitutions. In speaking thus, I include
the entire system, not a part of it. 1 refer to the free public
schools, the normal schools, including Lincoln Institute,
and the State University and its associate schools. It is
from theae ever-flowing fountains that the sons and daugh-
ters of Missouri can well prepare themselves with that
402 MESSAGES AND PROCLAMATIONS OF
knowledge and intelligence necessary to understand their
rights and at the same time teach them the duties and
several obligations of citizenship. The character of a free
commonwealth depends more upon the virtue and intelli-
gence of its citizens than upon the hidden treasures which
are so bountifully imbedded beneath its rich and fertile
soil, for without intelligence and knowledge these natural
sources of wealth and happiness would be almost useless
to the people. Missouri must keep fully abreast upon the
subject of education with the oldest and most cultivated
States of the Union. We cannot afford to, and we should
not, fall behind them. With our boundless resources, our
healthful climate, our strong central position in the very
heart of our common country; inviting hither the intelli-
gence, the enterprise and the capital of the world, it is a
solemn duty that we owe not only to ourselves, but to the
whole country, to maintain a liberal educational policy.
Such a course pursued steadily by the State, will inspire a
corresponding liberality upon the part of those whose
labors have been crowned with success in the accumulation
of wealth, and who will gladly come to the aid of the State,
in giving to and strengthening that public system of educa-
tion, upon the complete success of which so much depends
the liberty and happiness of the people. With such a
system perfected and sustained, and united with the private
and denominational systems, which are never to be over-
looked, there is no reason why Missouri may not occupy a
proud and enviable position among even the foremost of
its sister States. I announce with pleasure and pride, in
this, my last message, that the advancement of our public
schools in all that looks toward a perfect System is very
encouraging. The opposition to and prejudice against the
public school system is rapidly giving way to a more cheer-
ful support; longer terms of schools are maintained, better
teachers are demanded, salaries have been increased, men
and women are entering the profession to make it a life
work, while the people realize that upon this popular system
they must depend for the education of the youth of the land.
GOVERNOR THOMAS THEODORE CRITTENDEN. 403
The common school system is the superlative blessing of the
State upon the poor. It is now a consolation to the poor
father and mother that, politically, their offspring have
power to rise to the highest office in the gift of the people;
and to trace his upward step from the ever-unclosed door of
the public school. The condition of our school fund is
excellent. By the act of the last General Assembly the
State fund was increased $222,000.00, making the permanent
interest-bearing State fund $3,131,000.00, while the entire
school funds of the State amount to $10,178,780.89, as
shown in the following table:
Permanent interest-bearing State School Fund
S3 131 000 00
In treasury to credit of State Fund
1 306 65
State Seminary Fund
509,000 00
Permanent County Public School Fund. .
2 934 253 28
Permanent Township Public School Fund. .
3 347 2CO 11
Special Public School Fund
130 437 87
From fines, penalties, etc., for 1884
125,522 98
Total amount of available school funds
$10,178 780 89
During the year ending June 30, 1884, there was ex-
pended for public instruction — not counting the University
or Normals, $4,229,518.33, besides leaving a balance on
hand July 1, of $1,508,569.29.
The total number of children reported by the county
clerks is 785,122; of this number 740,327 are white and 44,795
colored. There are 401,455 male and 383,667 female.
There were 13,296 teachers employed.
Average salary of teachers, $47.75.
Average length of school term, 113 days.
Number of school rooms occupied, 10,523.
Number of white schools taught, 8,881.
Number of colored schools taught, 528.
Value of school property, $8,825,548.
Such an exhibit as this must command the respect of
even the basest slanderer of the State. I trust no narrow
limit will ever be placed around the educational spirit of
404 MESSAGES AND PROCLAMATIONS OF
Missouri. The school house is the natural forerunner of
the church. The church is the stronghold of law and good
morals, and upon those solid foundations the superstructure
of our liberties and personal rights must be built. Bind
the minds of men in chains of ignorance, and it requires
but a moderate portion of art and talent to enslave their
bodies. Let us wage upon the citadel of ignorance a per-
petual and exterminating war. It is the first of our political
duties. We owe it to our principles, to our institutions, to
our posterity and to mankind.
NORMAL SCHOOLS.
The superior enlightenment of the times is nowhere
more manifest than in the liberality of sentiment among the
masses of our people upon the subject of public education.
The normal system of instructing and qualifying our own
young men and women for teaching in our common schools,
is now so firmly established as a part of our admirable system
of education that no argument is necessary to demonstrate
its wisdom and utility as a potent agent in the efficiency of
public school instruction. So deeply am I impressed with
the importance of this matter to the whole people that I
cannot forbear a repetition of my former recommendations
upon the same subject. It is the duty of the party charged
with the disbursement of our public funds to so dispose of
those funds as to secure to the masses of the people the
largest benefits possible. Legislators should not only guard
every avenue to the State treasury with a jealous eye, but
they should evidence a broad, comprehensive economy by
such appropriations in behalf of education as recognize the
potency of this great lever cf humanity in the prevention of
vice and crime. From the reports made to me by the officers
in charge of the management of our Normal schools, I am
convinced that their management is in excellent hands.
They are steadily progressing in the matter of attendance
and the accomplishment of the great work of educating
teachers. From the report of Prof. George L. Osborne,
GOVERNOR THOMAS THEODORE CRITTENDEN. 405
President of the faculty of the Warrensburg Normal School,
I learn that the demand for trained teachers has kept pace
with the growth of the school, and that, during the past
year, they have not been able to supply more than half the
applications for teachers of various grades. All of the full
course graduates and eighty per cent, of the elementary
graduates of 1883 are teaching. This statement of facts is
stronger than any logic in favor of the efficiency of normal
instruction and the utility of the schools. A full report
from the Board of Regents will be laid before your body,
showing the receipts and disbursements since the last meet-
ing of the legislature. By this report it will be seen that
there is a necessity for an increase of the amou'nt of the usual
biennial appropriation, and also for an extra appropriation
for the completion of the assembly room, now in process of
erection. I strongly urge upon you the necessity for these
appropriations. The results of such wise economy upon
your part will be seen in an elevation of the standards in
our public schools, and increase of intelligence among the
masses of the people, and a diminution of the amount
necessary to be appropriated by your successors, for the
payment of criminal costs.
The report made by Prof. J. P. Blanton, President of
the faculty of the Kirksville Normal School, is quite as
satisfactory in every respect as the report from the Warrens-
burg, school. During the year there were enrolled 501
students, representing 44 counties. Prof. Blanton reports
the same difficulty in supplying the demand for teachers.
Of 83 graduates of the past year, 17 in the advanced and 66
in the elementary course — all are either teaching or pre-
paring to complete the full course. 252 under graduates
will teach during the next school year.
The report made by Prof. R. C. Norton, President of
the faculty at the Cape Girardeau Normal School, shows a
condition of affairs highly gratifying to the friends of educa-
tion. He says: "The call for trained teachers has been
greater than our ability to supply, but we hope next year to
considerably increase the number capable of taking charge of
406 MESSAGES AND PROCLAMATIONS OF
district schools." This school is in a most prosperous
condition and is meeting the most sanguine expectations of
the enlightened citizens of Southeast Missouri, who labored
so earnestly for its establishment.
The reports from the regents of these schools which
will be made to you, will give you explicit information in
detail, of the condition, results accomplished and needs for
increased usefulness in the future. I cannot too strongly
urge upon you the importance of a liberal support of these
institutions which constitute at once the foundation and
key stone of our admirable common school system. The
subject is of so much importance to the masses of our people
who are unable to educate their children in colleges, that it
well repay the most careful investigation by the enlightened
and liberally educated.
LINCOLN INSTITUTE.
By an act of the Legislature, passed in 1879, Lincoln
Institute was taken under the patronage of the State. I
believe it to have been a just and wise act. At no time in
its history has the Institute been so prosperous as during the
year just closed. The number of pupils is rapidly increasing,
and their advancement is more marked and satisfactory.
Prof. Inman E, Page, the principal of the faculty, is a most
accomplished teacher, and is in every way peculiarly fitted
for the work of educating his race. The State has hitherto
shown a liberal spirit in dealing with this school, and, in
the light of that liberality, I can fear nothing for the future.
The appropriations for it should be commensurate with its
wants. The following extract from a letter from Prof.
Page to myself is worthy of consideration:
STUDENTS IN ATTENDANCE.
Session of 1880-81 153
Session of 1881-82 148
Session of 1882-83 165
Session of 1883-84 187
GOVERNOR THOMAS THEODORE CRITTENDEN. 407
From present indications we shall have at the close of
this session nearly 200. We have graduated thirty-three
students, of whom twenty-four are now engaged in the
profession of teaching, and, so far as I have been able to
learn, are giving satisfaction. Of the whole number of
graduates only one has brought reproach upon the school
by immoral conduct.
The most pressing need of the Institute at present is an
appropriation sufficiently large to pay our teachers as good
salaries as are paid at similar institutions elsewhere. It
is becoming difficult to keep our best teachers, because better
inducements have been offered them. You know how much
the prosperity of an institution of learning depends upon the
retention, year after year, of the most successful teachers.
I think you will agree with me that the Institute should
have as large an appropriation for maintenance as any other
Normal School in the State.
' THE UNIVERSITY.
The University moves steadily onward in its career of
great usefulness and prosperity. The catalogue of the year
ending in June, 1884, shows 573 students and 65 gradua-
tions. Up to the present time of the current year, which
will end June, 1885, nearly 500 students have entered. It
is worthy of public notice as marking the ripe intelligence and
progressive character of the present management of the
University, that the last catalogue announced a modifica-
tion of the academic course which is now in progress of
successful realization, and which, to quote the language of
the catalogue, page 130: "Had in view the realization of
our main idea, viz: that of giving greater prominence than
hitherto to the physical sciences in the academic work of the
University. This is accomplished in two ways: First, by
bringing the sciences to the front, in the early part of the
course, and associating them with the language work for
elementary disciplinary purposes; second, by organizing
the science work in the successive stages of the courses,
408 MESSAGES AND PROCLAMATIONS OF
so as to provide for progressive advancement to higher
attainments therein than is otherwise practicable. Public
attention is also asked to a distinguishing feature of the
University fund in the Agricultural department. The
Agricultural and Mechanical College has organized a strictly
industrial and professional course of studies. The comple-
tion of this farmers' course is attested by the degree and
diploma of Bachelor of Agriculture. Its central purpose is
to educate the farmer rather than the citizen, to give a
special rather than a general education. Standing in the
same relation to the art and vocation of farming that the
Medical College does to the medical profession; that the
Law School does to the legal profession; or that a School of
Engineering does to our internal improvements; or a Normal
course to the work of teaching. It must be borne in mind,
however, that the complete course of the Agricultural
College is not only professional but academic. It aims
not merely at special, but also at general culture. The
academic part of the work is assigned into four courses,
with the corresponding degrees and diplomas, on complet-
ing the same, of bachelor of arts, bachelor of science, bachelor
of letters and bachelor of domestic arts, for young women.
Woman is not overlooked in this comprehensive curriculum.
The student, however, may enter at once on the professional
business course in agriculture, and after that is completed
take the academic course, if his means permit, and his
tastes impel him to do so. By this plan the farmer is made
first, and the general scholar and citizen afterwards, and a
more manly result is reasonably anticipated and surely
attained. Students aiming at other colleges go to work at
once on their professional studies as soon as they are in '
possession of the necessary elements of doing so. It may
be said that this method is at issue with, and inverts the
practices of Agricultural Colleges. This is true, but it is
of no consequence if it be, as it is, in fact, in harmony with
the sound educational principles, which the experience of
this practical age has sanctioned. Our youth gain both
time and strength by this method, and they pursue the
GOVERNOR THOMAS THEODORE CRITTENDEN. 409
after-course of culture, provided in the Agricultural College
of the University, with more zest and profit than they do
by wearisomely wading through as preparatory to their
agricultural studies for which actual experience in the
school-house, and on farms, have so well prepared them
before coming to the University.
By this arrangement the graduates from the profes-
sional part of the Agricultural College course have the
privilege of pursuing their subsequent studies as post
graduates, which gives them certain advantages and also
relieves them from certain charges. Moreover, by this
method, no young man is cut off or debarred from the direct,
practical advantages of the special agricultural course.
And when he has acquired that, it is his option whether he
will or will not continue his general studies. The farming
interest dominates every other in our State, for it contains
about three-fourths of our population and about two-
thirds of our taxable property, and it is therefore a matter
of no small concern that the Agricultural College of our
University is making such determined and well directed
efforts to promote this interest. Prof. J. W. Sanborn,
who has been in charge of this college for the last three
years, commands the confidence of our people as eminently
qualified for his important position. It would be a wise
policy to provide liberally for facilitating the work of this
college by giving the farm a complete outfit of improve-
ments; by organizing in connection with it a department of
veterinary surgery and microscopy, and by erecting a suit-
able chemical laboratory. Our business interests commend
these topics as worthy of immediate attention. I especially
call your attention to the importance of establishing the
office of Veterinary Surgeon, a#d appropriating a sufficient
amount to command the best talent on that subject. The
deadly diseases affecting the cattle, horses and hogs, not
only in our own State, but also over the whole west, within
the last year, are a sufficient warning to prepare for the
future. This office, if created, should be in connection
with the Agricultural Farm of the University.
410 MESSAGES AND PROCLAMATIONS OF
The Thirty-second General Assembly appropriated
$1,000,000 for improving the main University building.
With due diligence plans were obtained and approved and
contracts for the work were awarded as provided by law,
and ground was broken October 10, 1883. The time con-
sumed with preliminaries was unavoidable. The first pre-
mium for architect's plans was awarded to H. W. Kirchner of
St. Louis, and the second to Fred Bell of Fulton, Mo., and
those gentlemen were employed as associate superintendents
of the work on a commission. The general building con-
tract was awarded to Patrick Mulcahey of St. Louis, and
the contract for heating to E. D. Mier of the same city.
The entire improvement is nearing C9mpletion. The in-
terior of the old building has been transformed, and the
west room, including the new museum and class rooms, is
about ready for occupation. The new east room, contain-
ing the auditorium on the ground floor and the library room
above, will be ready for occupation by the 1st of March.
It is hoped that the Legislature will make suitable provision
to seat this room before it is occupied by the Press Associa-
tion of Missouri in the spring of 1885. It will comfortably
accommodate an audience of 1,500 persons. The contracts
for the work provided that it should be completed by Sep-
tember 1, 1884, but they properly had a weather clause in
the contract and the severity of last winter and the unusually
unpropitious past season for building have caused un-
avoidable delay. The improvement was carried forward
in good faith and with commendable diligence. The report
of the visiting committee of the House will give detailed
information concerning the building.
It is certainly gratifying that this large appropriation
has met with such universal approval and commendation
at home and abroad, and the expenditure of the money has
been marked by the utmost care and fidelity. It is prob-
able that the State never accomplished more work with the
same amount of money, nor acquired so much honorable
distinction at so small a cost. The time has come when the
public at large begins to look to Missouri — the leading
GOVERNOR THOMAS THEODORE CRITTENDEN. 411
State of the Mississippi valley in material resources, and
now only the sixth from the top mark in political impor-
tance in the entire thirty-eight States — to take first rank
also in intelligence and educational facilities. Any national
system of universal suffrage must be based on universal
intelligence and honesty. Our elective franchise is now prac-
tically universal and only dreamers have ever thought of
justifying universal suffrage otherwise than by universal
intellectual and moral education. But experience tells us
that universal education in the State transcends individual
and private enterprise, and must be attained only by State
aid. Both in theory and practice the States of our Union
are no exception. They all have their public schools and
universities. Even Japan, at Tokio, China, at Pekin,
India, at Calcutta, and Egypt, at Cairo, has its university.
There is not a State of Europe, from Russia to Spain, from
Greece to Great Britain, without its university. The higher
its civilization and political consequences in Europe, the
more emphasis is given to this line of educational work by
each of the several States. Universities and colleges are
as essential to popular education as the common school
system. Both systems should receive the liberal support of
the State if it is desired to place the State in the front rank
of thought, progress, prosperity and advancement. The
calcium light of this age is turned in criticism upon the
State that lags behind in education, and in commendation
upon that State which opens its school houses with the same
freedom to the rich and poor. Mr. Jefferson said in a letter
to Hon. Wm. T. Barry, of Kentucky: "Learned institu-
tions ought to be favorite objects with every free people.
They throw that light over the public mind which is the
best security against crafty and dangerous encroachments
on the public liberty. They are nurseries of skillful teachers
for the schools distributed throughout the communities.
They are themselves schools for the particular talents re-
quired for some of the public trusts, on the able execution of
which the welfare of the people depends. They multiply
the educated individuals, from among whom the people
412 MESSAGES AND PROCLAMATIONS OF
may ekct a. due portion of their public agents of every de-
scription; more especially of those who are to frame the laws,
by the perspicuity, the consistency and the stability, as
well as by the just and equal spirit of which the great social
purposes are to be answered."
The common school and the higher academic educa-
tion, North and South, naturally started in the race hand
in hand in our early history, and it became the established
and historic colonial custom and policy to aid schools of
all grades with public as well as private funds. This ex-
plains the origin of the policy and practice of our govern-
ment, for more than a century, in aiding schools of all
grades by generous land grants. Missouri, like other new
States, has shared liberally of the public domain for school
purposes. By this aid our original public school system,
consisting of the common schools and of the university,
was founded, and more than four-fifths of the present
endowment of our university, including the Agricultural
College, is from the same source. We speak with much
pride of our public school funds, in comparison with other
States, of which I have spoken in another place. Our
State university, however, has not been placed on a financial
footing equally favorable for comparison.
But perhaps the time has now come to do so by helping
ourselves in the same liberal spirit in which we have been
helped, for the material prosperity of the State at this
time, fully warrants it, and a sense of independence and of
self-respect should constrain it. Missouri is able to take
care of itself in an educational line. It is proud of its own
capacity and willingness. However much many of our
best citizens may look towards the general government for
educational aid at the present time, I think it safer and
more in the line of the thought of the fathers to depend upon
our own ability. In 1822 Mr. Madison said: "It is among
the happy peculiarities of our Union that the States com-
posing it derive from their relations to each other and to the
whole a salutary emulation without the enmity involved
in the competitive States ali^n to each other. This emula-
GOVERNOR THOMAS THEODORE CPVITTENDEN. 413
tion we may perceive is not without its influence in several
important respects, and in none ought it to be more felt
than in the merit of diffusing the light and advanatges of
public instruction. In the example, therefore, which Ken-
tucky is presenting, she not only consults her own welfare
but is giving an impetus to any of her sisters who may be
behind her in the noble career." I favor the broadest
system of education. It is the least costly of all the legis-
lative benedictions upon the State, and is the greatest safe-
guard against all crimes and public calamities. Knowledge
will ever govern ignorance, and a people who mean to be
their own governors must arm themselves with the power
which knowledge gives. Many deem the accumulation of
vast wealth in the hands of a few in our land as dangerous
to the liberties of all. If so, the antidote is in education,
not in abuse, not in mobocracy, for there is no eheck upon
the aristocracy of wealth so effectual as the equality of
knowledge. A people well educated will never be the slaves
of tyrants or the tools of demagogues. When the bloody
Morillo overran the fair province of New Grenada he sought
to exterminate the seeds of liberty and crush the germ of
revolution by putting to death every man who could read
and write. The rest, he wisely thought, would be slaves.
I am more and more convinced of the wisdom of placing
the State University upon a more solid foundation by pro-
viding an ample and permanent endowment for it. This
can readily be done by setting apart an interest-bearing
certificate of endowment. In a former message I used the
following language in reference to this subject: "The annual
interest on the certificate could stand in lieu of the appro-
priations asked for at each meeting of the General Assembly.
This policy would not increase the expenses of the State,
while it would secure certainty and uniformity of income,
upon which the authorities of the University and associate
institutions coukl always depend." Indeed, it is plain that
such a course would be a saving to the State, for the cer-
tificate would predetermine the formulation of the Uni-
versity item in the biennial appropriation bills, aod d^ away
414 MESSAGES AND PROCLAMATIONS OF
with the wasting of time and money in discussing the same
subject over and over again and avoiding the oft recurring
scene of presidents, professors and other gentlemen lobbying
in favor of a meagre appropriation in behalf of the State
University, and by anticipating in a definite business way
the income available, it would be used more efficiently and
profitably to the State. If asked to suggest the amount of
the certificate to be added to the present endowment, I
should say: not less than one million dollars, and that bear-
ing 6 per cent, per annum interest. Certificates already
issued by the State to the various school systems should
have that uniform rate of interest. This certificate would
not increase the debt nor the taxes of the State one dollar;
would in fact be a part of its wealth and its honor, giving it
strength at home and reputation abroad. Missouri is in
the centre of an educational circle of States, which are
rapidly assuming an advanced position on this bulwark of
strength and greatness. Texas, Kansas, Iowa, Wisconsin
and Illinois are challenging admiration in this "broad field
of battle," and Missouri must gird up its loins for greater
exertions, else it will pass to the rear and no longer be a
"hero in the strife." This should not be. Population and
wealth follow progress and intelligence. There is strength
in well directed liberality; there is weakness in inconsiderate
parsimony. In the words of the wise man: "There is
that scattereth, and yet increaseth; and there is that with-
holdeth more than is meet, but it tendeth to poverty."
The University should be placed on as firm a basis, and
rendered as independent as the common school system of
the State. Endowments beget endowments, and largely
endowed colleges ever receive the largest foreign a§ well as
domestic patronage.
Doubtless the Board of Curators and the visiting com-
mittee will in their reports to the General Assembly, submit
to your consideration these and other matters of much im-
portance, affecting the University. My apology for having
spoken at such length on the University is my profound
interest in that institution of learning, which, being not
GOVERNOR THOMAS THEODORE CRITTENDEN. 415
only the oldest, but also the central one of the State, and
must, in the nature of things, either be the "crown of glory,"
or the shame of this great State, depending alone upon the
manner of legislation bearing upon its existence. In the
words of old John Adams, when both blind and paralytic,
I say:
"The Universities and schools mutually support each
other; the schools furnish students for the colleges, and
four years afterwards the colleges send the young men into
the country to keep school."
So, keep both in full force and strength, as vigilant
supplements to the prosperity of Missouri and the freedom
of our people. "What spectacle," in the words of Mr*
Madison, "can be more edifying or more reasonable than
that of liberty and learning, each leaning on the other for
their mutual and surest support."
SCHOOL OF MINES.
This school is not in as prosperous a condition as could
be desired. From some cause it has not been patronized
as was expected. It is eligibly located at Rolla, Phelps
county, whose citizens are intelligent and enterprising, and
is presided over by an accomplished President. The Legis-
lature should consider the propriety of removing the school
to Columbia, creating a separate professorship for that
branch of learning, and substituting in its place at Rolla a
normal school, which would be of more utility to that part
of the State, and especially so to Rolla. There are sixty
students in attendance at the school this year and a very
large proportion of those, so I am informed, are in its pre-
paratory department.
MANUAL TRAINING SCHOOL.
I now call your attention to another system of educa-
tio which should sooner or later be made a part of our
general system. It enters so intimately into all the other
branches that no State can afford to disregard its practical
416 MESSAGES AND PROCLAMATIONS OF
usefulness. The progress of the age demands a further
enlargement of our educational facilities. Industrial art
has become one of the most productive factors of national
wealth. A superiority in handicraft has often changed the
channels of commerce. The experience of modern Europe
forcibly illustrates the value and necessity of skilled labor.
The industrial competition between France and England
is replete with instructive suggestions. The polytechnic
schools of Europe are prolific sources of national opulence.
Prior to 1851, the manufactories of "Europe were largely
fashioned by the hands of uneducated workmen, wholly
unlearned in the higher arts of their calling, but the wares
of France were embellished with a beauty derived from
trained intelligence. The greater excellence and attrac-
tiveness of French goods, secured a large part of the patron-
age which had formerly enriched England. The losses to
which the infirmity of its artisans subjected Great Britain
were enormous. In order to regain its manufacturing
ascendancy, England has spent millions of dollars on its
polytechnic schools and the result has shown the wisdom of
the expenditure. Latterly Germany has been devoting
much attention to the education of its workmen, and the
higher finish of their products attest the effect of the train-
ing. In some respects the polytechnic schools of Russia
are the best in the world, and they are exerting a very
beneficial influence upon the practical arts of that realm.
Such institutions, though comparatively recent in the United
States, have long existed in the foremost countries of Europe,
and their usefulness has effectively promoted the material
greatness of the lands in which they have been located.
The United States may profitably imitate examples so
productive of wealth. The prosperity of modern nations
is based upon the foundation of intelligence of manual skill.
An ignorant population is sure to fail in a competition for
manufacturing and commercial supremacy. The spirit of
the age demands an universal system of industrial educa-
tion. The rich resources of Missouri require skillful work-
men for their full development. The hamd-s of our youth
GOVERNOR THOMAS THEODORE CRITTENDEN. 417
should be educated by manual training schools. Handi-
craft is an efficient ally of science. Equipped with a
thorough mastery of principles and with a practiced dex-
terity in the use of tools, the young men of this common-
wealth may go forth to the industrial battles of life with an
assured confidence of victory. The artisan intelligently
skillful in his craft, produces the best work and commands
the highest wages. His dexterity is a guarantee of steady
employment. In periods of industrial depression, the work-
ing force reduced, it is always the ignorant and less produc-
tive who are discharged. The instruction given in manual
training schools is necessarily rudimentary. It does not
pretend to fit lads for the practice of any technical profes-
sion. It must be supplemented by the tuition of the actual
workshop. But it familiarizes boys with the handling of
tools, shortens the term of apprenticeship, develops natural
aptitudes, cultivates mechanical, and fosters an inventive
spirit. Technical education strengthens manhood, cul-
tivates independence and self-reliance, and enables the
penniless boy to obtain an easier start in life. I think
manual training should be incorporated in our system of
public instruction and be taught in every school of the land.
If all the young men of this State had educated minds and
dextrous hands, Missouri would soon occupy its rightful
place in the front rank of American progress and greatness.
I favor those measures that will educate our young, guard
their habits, give them means of labor and that will elevate
Missouri to that point where it will be a pattern of all ex-
cellence.
Having now completed my reflections upon the school
system of the State, from the Kinter Garten to the Uni-
versity, invoking the most vigilant guardianship over all,
let me especially ask that no unfriendly hand be laid upon
the common and Normal schools; those schools that are
so near the door of every citizen, and which truly can be
called "the poor man's friend." No party can strike them
down without striking down its own existence and suprem-
acy, and no party can stand before the people of Missouri
14
418 MESSAGES AND PROCLAMATIONS OF
for one day as the antagonist of schools and the enemy of
education. God forbid that it ever should! Whenever
such a hand is put forth against these schools a swelling
chorus of voices should be heard from one end of the State
to the other, exclaiming:
"Woodman, spare that tree,
Touch not a single bough,
In youth it sheltered me,
And 1*11 protect it now."
SCHOOL BOOKS.
One of the most important questions that can engage
your attention is the law regulating the adoption of text-
books in our common schools. This question has assumed
such proportions as to vitally interest every patron of the
public schools. It is now an economic question in every
household. Our present laws were framed with the purpose
of avoiding the very evil which they have made possible.
The contests between the various publishing houses for
supremacy in securing the adoption of their respective
books, have, in many instances been both disgraceful and
expensive to the participants. To avoid a recurrence of
this labor and expense, several of the leading publishing
houses have formed a pool, so that no matter which system
or series of books may be adopted in a county, the result is
the same to all the houses in the pool. The result is that a
monopoly has fastened itself upon the people of Missouri
which calls loudly for your interference. In my judgment
there are but two remedies for this evil. The first of these
is to provide for the selection of text-books by the board of
directors in each school district separately. This plan is not
without objections, but I should regard it as, in every way,
superior to the one now in force. The other plan, while
involving a radical change in the law, has much to recom-
mend it. Governor Sherman, in his recent biennial message
to the Iowa legislature, in discussing the same question,
says:
GOVERNOR THOMAS THEODORE GRITTENDEN. 419
"I respectfully ask your attention to a matter not mentioned 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 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 obtained 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 ofttimes 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, above the cost of publication. In order to
relieve a large proportion of our people, and as well to establish uni-
formity 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 intended for the earlier instruction of the pupils in
our schools, which shall obtain in all our schools. A committee of com-
petent educators, citizens of our own State, can easily be secured who
can prepare and edit these works, and the State publish the same, fur-
nishing the books at cost price, and thus insure great saving to the people
and the State.
"I am thoroughly satisfied of the feasibility of this suggestion, and
would be glad to see it adopted by the General Assembly. There is no
good reason why hundreds of thousands of dollars should thus be ex-
pended 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 consideration."
I believe with Gov. Sherman, that the plan providing
for the publication of a series of text-books by the State, is
feasible, and furnishes a solution of this important question.
I earnestly urge you to give this matter the attention its
magnitude and importance demand. Many of you have
personal knowledge of this matter and will, therefore, feel a
personal interest in its proper adjustment.
LUNATIC ASYLUMS.
There is no class of humanity so deserving of sym-
pathy and the best efforts of philanthropy as the insane.
They appeal to us, by every feeling of humanity, for assist-
420 MESSAGES AND PROCLAMATIONS OF
ance. From the exhaustive report of Dr. T. R. H. Smith,
superintendent and physician in charge of Fulton Lunatic
Asylum, I learn that the institution is in excellent condition
and I am convinced that it is managed with great prudence
and economy. I feel it to be my duty, however, to call your
attention to the meagre provision made for the care of the
insane in this State. Both the Fulton and St. Joseph
asylums are now overcrowded. Each of these asylums
now has one hundred more patients than it can properly
care for. In addition to this there are about 2,500 insane
in the State outside of asylums, confined in jails and poor
houses, or not cared for at all. This state of affairs ought to
be permitted to exist no longer. It cries to heaven against
us. Adequate provision ought to be made at once for the
proper care and treatment of these unfortunate people.
The recommendations upon that subject are so intelligently
and fully set out in Dr. Smith's report (which will be laid
before your honorable body), and are supported by such
cogent reasons that I commend them to your earnest atten-
tion, and endorse them as worthy of your best thoughts
and efforts. Dr. Smith's report is a most valuable docu-
ment and is entitled to a careful perusal. I have not had
an opportunity to examine the report of Dr. Geo. C. Giatlett,
superintendent cf Lunatic Asylum No. 2, at St. Joseph,
but from the synopsis of the report furnished me, I believe
that institution to be in excellent condition. Its manage-
ment is alike creditable to the intelligence, humanity and
honesty of the officers in charge. The fifth biennial report
of the superintendent will be laid before you in due time,
with the recommendations for the necessary appropriations.
The legislature ought not to hesitate to comply with the
suggestions of Dr. Catlett, who is in every respect well
qualified for his important work.
The overtaxed condition of the Insane Asylums is a
shame to Missouri. The capacity of the several asylums
is as follows:
GOVERNOR THOMAS THEODORE CRITTENDEN. 421
St. Louis.
Fulton. . .
St. Joe.. .
Total .
300
450
250
1,000
They are attended as follows:
St. Louis.
Fulton . . .
St. Joe . . .
Total .
900
550
270
1,720
These figures present their own condemnation and place
the State in no favorable light before the humane world.
This is the darkest spot on its bright character. But still,
the whole story is not yet told. There are in the State 2,300
insane persons who cannot be accommodated, which is a
still greater shame upon the State than the one already given.
According to the tables of neurologists at least 50 per cent,
of these can be saved, if taken in time. If neglected, the
whole of this number will become permanently insane and
be a constant burthen upon' their guardians and the State.
If the question is considered from an economical standpoint,
it will be much cheaper in the end to provide suitable asy-
lums. No State can afford to place itself upon that miserly
plane when the afflictions of humanity appeal to the broadest
sentiments of the heart and the wisest conceptions of the
brain. This assembly should provide another Insane
Asylum in one of the eligible points of the State; also enlarge
those already built.
DEAF AND DUMB ASYLUM.
Dr. W. D. Kerr, the superintendent in charge of the
deaf and dumb institution at Fulton, makes an admirable
showing of the condition of that institution in the synopsis
of his report furnished me. 284 pupils have been taught
422 MESSAGES AND PROCLAMATIONS OF
there within the last two years. There are 208 in attendance
at this time. The building has been greatly enlarged and
improved with the money appropriated by the last General
Assembly. I suggest that a reasonable appropriation ought
to be made for the purpose of buying carpets for the rooms,
and perhaps other articles necessary to the comfort of the
children. The managers of the asylum will recommend to
you the establishment of an institution for the care and
education of the feeble-minded. They will present the
matter to you in detail, with the reasons for their recom-
mendation. It is a grave question and worthy of your
serious attention. I believe that such an institution should
be provided, as by proper training many of the feeble-
minded of our state could be taught to be self-supporting.
THE MISSOURI SCHOOL FOR THE BLIND.
The reports of the superintendent and trustees of the
Missouri school for the blind are very full and explicit, and
make a most satisfactory showing of the progress made by
the pupils of that institution, and give evidence of an honest
and economical administration of its finances.
The State has always evinced an enlightened liberality
in providing for the education of its blind; nor can the re-
sources of the State be more humanely or wisely expended
than in liberal appropriations for their education. It is the
chief object of the Missouri school for the blind to teach its
pupils such branches and mechanical industries as they may
most readily utilize in their own maintenance. In the
language of Dr. John T. Sibley, the efficient superintendent
of this school:
"The object of the school is to make the blind self-sustaining, and
to the extent that it fails in this, just to that extent does it fail in its
chief object. The question then arises: Do the graduates of the school
support themselves? In a majority of eases they do. In some cases
they do not."
No stronger statement than this can be made regarding
the graduates of our best colleges, and if any considerable
number of the graduates of this school can be educated to
GOVERNOR THOMAS THEODORE GRTTTENDEN. 423
the point of becoming self-sustaining, the State is amply
compensated for all the money expended in the accomplish-
ment of so grand a result.
The economy of the management is shown by the fact
that an unexpended balance of $11,218.44 remains of the
amount appropriated by the last General Assembly. In
the report made to me by Mr. Richard M. Scruggs, president
of the board of trustees, an appropriation of $52,000 is
asked for the years 1885-6, as follows:
For maintenance
$36,000 OC
For pay of officers, employes, etc
16,000 OC
This is $5,000.00 less than the sum appropriated for the
last two years. I trust that you will not hesitate to appro-
priate the sum asked for. During the years 1883-4, 147
pupils were in attendance, which is an increase of 34 over
the years 1881-2. The reports of the superintendent and
trustees, which will be laid before you, will give you, in detail,
all the information necessary to a thorough understanding
of the work and wants of the school.
TOPOGRAPHICAL SURVEY.
An act was passed by the last General Assembly, entitled
"An act to provide for a topographical survey of the sunk
and overflowed lands of Southeast Missouri, and to appro-
priate money therefor," under the provisions of which, on
the 25th day of April, 1883, I appointed James F. Brooks,
of Cape Girardeau county, as a skilled and competent civil
engineer to take charge of and supervise the work of the
survey.
This appointment was made upon the recommendation
of many of the representatives and leading citizens of
southeast Missouri, who strongly endorsed his competency
to successfully manage that important enterprise.
The sum of $9,000 was appropriated to pay the expenses
of making the survey and preparing proper charts, maps,
424 MESSAGES AND PROCLAMATIONS OF
plats, profiles, field notes, explanatory notes and other
necessary information as the act requires.
Of this sum the engineer has drawn from the State
Treasury $8,142.23. He has made no report to me of the
progress made in his work. Complaints were made to me
that he was not performing the work contemplated in the
aet under which he was appointed, and I addressed several
communications to him, calling upon him for a report or
showing of the progress made in the survey. After repeated
solicitations, he visited Jefferson City and assured me, in
person, that he was engaged in the performance of his duties,
and that he would complete the survey in a manner satis-
factory to the people.
Since that visit I have heard nothing from him, and
know nothing of the progress made in his work. I would
have removed or suspended him from his office if the power
to do so had been vested in me, but, having no power to
interfere, I have been compelled to await the final result of
the matter, without action upon my part, although dis-
satisfied with his conduct and methods. Such a survey
should be made of the sunk and overflowed lands of south-
east Missouri, as is contemplated in that act, as it is believed
that a vast quantity of valuable land may be reclaimed and
made productive. I trust that you will take such action
as will insure a survey of the lands, and to that end you
should confer the power upon the Governor to remove the
engineer in charge, whenever it shall be made to appear to*
him that he is neglecting his duty. An investigation of the
conduct of the present engineer should be had, and if it be
ascertained that he has neglected his duty while receiving
this large amount of money from the State, or if he has
improperly drawn the money, he should not be permitted
to escape the just consequences of his conduct.
COUNTY ROADS.
The present road law should be revised, it having failed
to accomplish the good that was expected of it, the result
being bad roads over the greater part of the State, which,
GOVERNOR THOMAS THEODORE CRITTENDEN. 425
with care and industry, could be made good natural roads,
at least during the greater part of the year. I think the
contract system should be substituted for the present
system. This plan provides for the employment, by the
County Court, of as many day or annual laborers as may be
necessary, who shall work under the supervision of an ex-
perienced builder of roads, and whose whole time shall be
devoted to the repairing and construction of roads and
bridges. I am informed that Maryland and New York have
had this plan in operation for years, and it has met the
sanction of the public. This force will have to be paid by a
tax levied for that special purpose. The improvement in the
character of our roads would more than compensate for
the additional cost of their construction and maintenance,
and nothing adds more to the reputation of a county than
the excellency of its public roads. Of course this tax will
have to be paid in money, and that means a higher road
tax, but in the end, the system will be found cheaper and
more effective than the present slovenly method.
THE WORLD'S EXHIBITION AT NEW ORLEANS.
This exhibition is now in operation. It has the sanction
of the Congress of the United States, and all the nations of
the earth have been invited to exhibit their wares in this
great bazaar, by the President of the United States. Under
the act of Congress, each State and Territory was invited to
recommend the name of some suitable person for commis-
sioner at the exhibition, to represent the State, and some
other one as the alternate, to the President of the United
States for commissioner. Upon the recommendation of
Edward Harrison and Judge Breckenridge, of St. Louis, I
appointed F. F. Hilder, of St. Louis, as such commissioner,
and upon my own volition I appointed Hon. C. P. Ellerbee,
of the same city, as the alternate. These gentlemen re-
ceived no compensation from the Government or State. Mr.
Hilder entered actively upon his duties at once. By his
industry and the assistance given in St. Louis, and by the
426 MESSAGES AND PROCLAMATIONS OF
citizens of Missouri, he has accumulated large exhibits of
the arts, manufactures and products of the soil and mines
of this State. Under date of Dec. 18th, 1884, he writes
me from New Orleans: "I am busily engaged in getting
into shape the large arrival of goods from Missouri. When
completed I think I shall have a display which will be a
credit to the State, and better than could have been expected,
considering the small amount of funds I have had to work
with, compared to other States." Not a dollar has been
given by the State to this great enterprise. The money upon
which Maj. Hilder has operated is that advanced by the
generous citizens of St. Louis, and $5,000 of the $1,000,000
loaned to the exposition by an act of Congress. Whatever
sum was advanced to Maj. Hilder by those citizens, for the
advancement of the interests of this State at the exposition,
should be returned, with reasonable interest, by an act of
this Assembly as soon as sufficient evidences of the advance-
ments are presented to this body. It is well that Missouri
is represented at this great exposition. It cannot afford to
be presented there as a beggar and in a beggarly way. It
is a great State and should be presented in a way becoming a
great State.
FOREIGN LOANS.
I recommend that section 4193 of the Revised Statutes of
1879 be repealed. This section of the law adds nothing to
the material wealth of the State, and has been recently the
source of such an apprehension in financial circles that large
amounts of money have been withdrawn, by foreign cor-
porations, from the State, thereby seriously affecting its
commercial interests.
EXECUTIVE MANSION.
This building is in better condition to-day than it has
been in for a number of years. In order to make it a pleasant
and comfortable home for the outgoing and incoming Gov-
ernor a number of bills have been unavoidably made, which
GOVERNOR THOMAS THEODORE CRITTENDEN". 427
should be paid. They will be presented before the proper
committee. It is now one of the handsomest Executive
Mansions in the United States, which has been as carefully
managed and preserved by the better part of the executive
office as if it had been her individual property.
CATTLE DISEASE.
Some legislation should be had to protect the stock
interests of this State against infectious and other deadly
diseases. I suggest that the Executive of the State be in-
vested with the power, under certain emergencies, to issue
his proclamation quarantining this State for a specified
period against cattle and other stock from localities infected
with dangerous diseases. Such legislation exists in Illinois
and Kansas and possibly other surrounding States, and
Missouri should be equally as vigilant in guarding its large
stock interests.
PUBLIC HEALTH.
In pursuance of the provisions of the act of the General
Assembly, I appointed seven physicians as the "State Board
of Health of Missouri." The board has performed a large
amount of work since its appointment, the report of which
will, in due time, be laid before your honorable body.
This board is composed of active and intelligent physicians,
who have given their time and labor to the cause of humanity
without compensation. The beneficial results from the
action of the board so far surpasses in value to the State the
meagre sum appropriated for such purposes that I strongly
recommend an increased appropriation for the use of the
board. It is thought by many wise men that this country
will be visited by cholera during the next season. If those
apprehensions are well founded this State should be prepared
to meet this pestilence "that walketh in darkness,'* and is
the cause of such terror to the people. No State should be
without its external and internal defenses against its ap-
proach, not only upon the principle of humanity, but also
428 MESSAGES AND PROCLAMATIONS OF
of commercial policy. I advise a readiness to defend against
it. In such a contest money is no consideration. Dr.
Ranch, at the National Conference of the State Boards of
Health, held in St. Louis in October last, stated that the
disease had cost Southern Europe this year upwards of a
hundred million dollars. I appreciate the fact that there is
here and there some dissatisfaction with the Board of Health,
and there will be with any board, but at this time the State
cannot afford to dispense with its intelligent services, while
greater power should be given it to meet any extraordinary
emergency that may arise. Dr. Gregory voluntarily retires
from the board on the 1st of January next, which will be a
great loss to it, as he commands the confidence and love of
his professional brethren.
SUPREME COURT COMMISSION.
Since the creation of this Commission by the last
General Assembly, it has done excellent work, fulfilling the
expectations of the court and the friends of the respective
Commissioners. Since it entered on its duties, Judge Charles
A. Winslow — one of its members — died, and Judge H. Clay
Ewing was appointed in his stead. Judge Winslow was an
honor to his profession, the Commission and the State. The
Supreme Court is still much behind in its work. I think the
Commission should be continued for two years more. With
the conjoint labors of the Commission and the Court of
Appeals, just established at Kansas City, I think the large
number of cases so long postponed, will be heard and decided
within the next two years, and there will no longer be a
denial of justice to those engaged in legal controversies.
The hardship of these delays fall the more heavily upon those
who are unable to stand the postponement, and are neces-
sarily driven to any compromise rather than prolonged
litigation. After those deferred cases are determined, then
the services of the Commission can be dispensed with, leav-
ing the appellate duties upon the courts of St. Louis, Kansas
City, and the Supreme Court. It will be a day of gratifica-
GOVERNOR THOMAS THEODORE CRITTENDEN. 429
tion, alike to the litigants, the lawyers and the courts when
it can be said that the appellate courts are fully up in their
business.
By the adoption of the last Constitutional Amendment,
the St. Louis and Kansas City Courts of Appeals have juris-
diction in all cases of misdemeanor. No provision exists
for the State to be represented before these courts in such
cases. Many of them are quite important, involving intri-
cate questions of law. This Assembly should cure the defect
in some way, either by requiring the Attorney-General or
the attorney representing the State in criminal prosecutions
in the county or city into which such appeals are sent, to
represent the State before the appellate courts. A reasonable
compensation should be paid by the State for such labor.
Some provision should also be made to pay for printing of
briefs made in behalf of the State, Both should be paid
from the fund set apart for the payment of criminal costs,
when certified to the Auditor by the court in which the prose-
cution is had.
COURT OF APPEALS.
The amendment to the Constitution establishing the
Kansas City Court of Appeals, having been adopted at the
late election, it devolves upon this Assembly to enact such
legislation as will make the amendment operative. Section
9 of the amendment reads as follows:
"The State shall provide a suitable court room at Kansas
City in which the Kansas City Court of Appeals shall
hold its sessions; also a clerk's office and furnished offices for
the judges."
As the court is required by the amendment to commence
its labors on the first Monday in March next, a bill should be
passed without delay in conformity with the requirements
of section 9, regulating the fees of the clerk and providing
for the appointment and compensation of the necessary
officers of the court, and appropriating a sufficient amount of
money to supply the court and clerk's office with all the
necessary records and stationery.
430 MESSAGES AND PROCLAMATIONS OF
As there is a lack of such text-books as the court may
require in the law library at Kansas City, I recommend the
appropriation of one thousand dollars to be used for the
purpose of purchasing such books under the direction of the
presiding judge of the court.
MILITIA.
I think the State should no longer neglect this branch
of its strength. It may not be required to-day nor to-
morrow nor next year, but the time may and will inevitably
come when it will be badly needed. It was only the foolish
virgins who put no oil in their lamps. The only way to
upbuild and maintain a militia force is to encourage its
members through reasonable appropriations for necessary
and legitimate expenses. There is a commendable disposi-
tion among the young men throughout the State to enter
into military organizations and to donate a reasonable por-
tion of their time for purposes of drill and encampments,
without compensation, but few of them can afford to give of
their small means a sufficient amount for uniforms and out-
fits. This should not be expected by any liberal State. No
State is safe for one day without such organizations. In
this respect, the present and future are not like the past.
Times have changed and so have the minds of men. There
are many turbulent spirits constantly engaged in stirring
or attempting to stir up strife and disobedience to law
among the wage workers of the country. With credit, be
it said, that up to this time, that large class of industrious
and law abiding people has disregarded their reckless
appeals, fully understanding that alone under good govern-
ment and quiet times, do the laborers receive just compensa-
tion for their work. This disposition should be encouraged
by good government and reasonable compensation; and these
workers of evil should be held in subjection by the terrors of
the civil law. If that is not sufficient, then by the armed
forces of the State. Let the State be ready for any emer-
gency. While I am opposed, under our system of govern-
GOVERNOR THOMAS THEODORE CRITTENDEN. 431
ment, to a large standing army; believing it to be inimical
to the best interests of the country, I am in favor of an ade-
quate volunteer force, skilled in the arts of war, that may be
relied upon should circumstances demand the services of
armed troops. I urge upon this body to make a just and
reasonable appropriation to this important object.
COSTS IN CRIMINAL CASES.
There was appropriated by the last General Assembly,
for the payment of costs in criminal cases, in 1883-84,
$360,256.42. The basis of this appropriation was made
upon that of 1881-82, without making allowance for the
increased ratio of crime with the rapidly increasing popula-
tion. The appropriation for 1883-84 was exhausted on the
13th of December, 1884. The increased number of prosecu-
tions and convictions had, in the last two years, together
with the payment of the board of prisoners and jurors, are
sufficient justification for this large expenditure of money,
the board of the prisoners and jurors being about $80,000
in the last two years. $400,000 should be appropriated to
pay the cost in criminal cases in 1885-86. There should be
no delay upon the part of the State in the payment of the
legal fees due the officers of courts, jurors and witnesses.
If possible, the causes of the accumulation of criminal costs
should be diminished. A general complaint is heard from
every part of the State, favoring in this respect a reforma-
tion of our criminal laws. Every safeguard should be given
the prisoner, and every facility to be heard in his defense,
but the courts should see that those rights are not abused by
trivial causes presented for the sole purpose of delay. As a
rule, the most guilty are the most fruitful of resources to
secure continuances. In 80 per cent, of such cases the State
at last is required to pay the costs of the continuances, thus
imposing an unjust tax upon the industries of our people.
The evil calls loudly for legislative remedy.
432 MESSAGES AND PROCLAMATIONS OF
EXAMINING AND VISITING COMMITTEES.
These committees are appointed by the Governor under
an act of the Legislature, the former to examine into the
accounts of the Auditor's and Treasurer's offices and the
latter to visit the various public institutions of the State
and investigate their condition, wants, success and manage-
ment. The work of such committees is invaluable to the
State and especially so to the General Assembly. I suggest
that appropriations be made to pay these committees as
soon as their work is done and they are discharged. As it
is, they and their clerks have to await the passage of the
general appropriation bill after their work has been com-
pleted, which is usually one or more months, and this necessi-
tates the more needy to have their accounts discounted
at enormous rates. This should not be the case. The reports
of these committees for this assembly will be comprehensive,
imparting such knowledge as will be essential to intelligent
legislation. I commend them to your closest examination.
FISH COMMISSION.
I call the attention of the General Assembly to this
important branch of our State's wealth. The commission
is composed of men of popular standing in the State, of
great fidelity to this work, who serve without compensa-
tion, giving their time from a sense of duty and a devotion
to the expansion of such an interest in the State. Hereto-
fore there has been appropriated three thousand dollars for
the use of the commission. The work has attained such
proportions that the appropriation should be increased to
five thousand dollars, and also $2,000 for the construction
of an aquarium car, in which to distribute the fish. Experi-
ence teaches that they cannot be as safely and economically
delivered in any other way. The railroad managers will have
the car transported without cost to the State. I submit the
following, recently received from one of the members of the
commission:
GOVERNOR THOMAS THEODORE CRITTENDEN. 433
The work of this year is shown by the following synopsis
of reports of the superintendents of the two State hatcheries,
one of these hatcheries being in Forest Park, St. Louis, and
the other near St. Joseph, Mo. Phil. Koppin, Jr., superin-
tendent of the carp ponds in Forest Park, reports having
supplied 451 private ponds with thirty carp each since the
first day of November, 1884, to date; also 341 "spawners'5
and ten thousand small carp to the public waters, as follows:
Creve Coeur Lake, St. Louis county — spawners, 82;
small carp, 1,000.
Meramec river, at Pacific, Franklin county — spawners,
30, small carp, 1,000.
Gasconade river, Gasconade county — spawners, 30;
small carp, 1,000.
Missouri river, at Jefferson City, Cole county — spawn-
ers, 30, small carp, 1,000.
Osage river, Osage county — spawners, 30; small carp,
1,000.
Mr. Tracy, St. Louis — spawners, 6.
W. A. Long, Mound City — spawners, 6.
H. H. Bodeman, St. Louis — spawners, 18.
Big river, St. Francois county — spawners, 30; small
carp, 1,000.
Black river, Butler county — spawners, 30; small carp,
2,000.
Chariton river, Chariton county — small carp, 2,000.
I. Studi, Creve Coeur Lake, St. Louis county — spawn-
ers, 15.
Leaving on hand of small carp about 50,000, and spawn-
ers, 500.
Reserving for 1885 as spawners, 450.
Retaining for this year's spawn, 300.
The spawners will average 6 to 10 pounds in weight.
The commission reports 80,000 young carp on hand,
which would have been distributed in the public waters
before now, had sufficient means been provided. The only
means now used are tubs and cans, which renders the process
of removal slow, awkward and expensive. The commission
434 MESSAGES AND PROCLAMATIONS OF
will ask of this body an increase of appropriation to justify
the commencement of the propagation of native fish,
especially black bass, croppy, pike and perch — commonly
called jack salmon — to open other ponds for propagation
and to enlarge the old ones. It required a series of years to
accomplish this work. Satisfactory results have been
attained in other States engaged in such propagation. As
one of the commission will say: "The great drawback to
our operations is the hesitating manner in which past legis-
latures have granted our small appropriations. It is im-
possible for us to plan our work in advance for the next year
without knowing we shall obtain money to execute such
plans. Should we make expenditures beyond the amount
of money on hand, expecting new appropriations for the
next two years, and the Legislature should fail to make such
appropriation, the commission would have to make good the
deficiency from their now private purses. Of course we
take such risks."
This appeal should receive your kindly consideration.
CHARITIES AND CORRECTIONS.
The subject of prison management is engaging the atten-
tion and ability of the ablest prison managers and philan-
thropists of America. Annually a convention of that char-
acter is held in one or the other of the States. It met last
October in St. Louis, and was largely attended by delegates
from a large number of States. This State was very ably
represented in the convention by some of its foremost men
and women, and at their own expense. The subject is so
inportant, involving in fact one of the most intricate as
well as dangerous problems of the age, that the leading
nations of the world have determined to hold an inter-
national convention at Rome, Italy, within the coming
year. Missouri should be represented in that body by at
least two representatives, to be appointed by the Governor,
and an appropriation should be made to pay their reasonable
expenses. The adjacent States have taken steps in that
direction.
GOVERNOR THOMAS THEODORE GRITTENDEN. 435
BUREAU OF LABOR STATISTICS.
Under an act of the Legislature, approved March 23,
1883, establishing a Bureau of Labor Statistics, I appointed
Hon. Henry A. Newman as commissioner of the bureau,
and directed him to locate his office at Jefferson City. Dur-
ing the two years since his appointment he has succeeded
in gathering and collecting much information which must
necessarily be of great value to your honorable body and
to the public at large. His annual report, which has just
been submitted to me, and which will be laid before you,
is replete with valuable statistics, gathered from every de-
partment of industry. The Bureau of Labor Statistics may
be made, and should become, a valuable adjunct, in the
efforts now engaging the attention of our wisest statesmen
to discover the proper relations of labor and capital — those
two great coadjutors of national existence. Its utility having
been demonstrated, the Legislature should consider the
matter with great care, and assist the bureau with such
appropriations as may be needed to render it efficient and
valuable. Your attention is called to Commissioner New-
man's report, in which many questions of vital moment to
the laboring classes are intelligently discussed.
REGISTER OF LANDS.
The duties of this office have been performed by the
Register and his accomplished chief clerk, with commendable
industry, promptness and good judgment. The tables
given show some of the important work performed in that
office, in the interest of the counties and State.
ABSTRACT OF BUSINESS, OFFICE REGISTER OF LANDS, FOR
1881 AND 1882.
TOWNSHIP SCHOOL LAND.
No. of acres sold and patented 26 ,541 . 07
Cash received for same $60 , 620 . 04
436 MESSAGES AND PROCLAMATIONS OF
SWAMP AND OVERFLOWED LANDS.
No. of acres selected, approved and patented to the State 4 , 924 . 48
SWAMP LAND INDEMNITY CLAIMS.
Cash indemnity received, 1881 and 1882 $20,475.67
Land indemnity received, 1881 and 1882 15 ,983 .36 acres
BUSINESS, OFFICE REGISTER OF LANDS, 1883 AND 1884.
TOWNSHIP SCHOOL LAND.
No. of acres sold and patented, 1883 and 1884 26,942.73
Cash received for same $75 , 295 . 93
SWAMP AND OVEEFLOWED LANDS.
No. of acres selected, approved and patented to the State. . . 35 , 762 . 49
No. of acres approved but not yet patented 2,498 . 13
Aggregate 38,260.62
SWAMP LAND INDEMNITY CLAIMS.
Cash indemnity received, 1883 and 1884 $22,740. 16
Land indemnity received 11 ,995.45 acres
In making the selections of the swamp and overflowed
lands and proving up the swamp land indemnity claims,
the Register of Lands visited twenty-one counties. In
connection with Capt. Louis Bergau U. S. Special Agent,
he made a personal examination in the field of each tract of
land for which indemnity was claimed. In performing this
work, including four trips to the U. S. Land Office at Spring-
field, Mo., and two to the Land Office at Ironton, Mo.,
locating indemnity certificates for the various counties, and
also 1,002 acres for the State under the provisions of the
internal improvement grant, the Register was employed
about one-half of each month during the past two years,
and traveled from 30,000 to 35,000 miles.
A large amount of swamp and overflowed land, selected
and reported to the General Land Office prior to March 3,
1857, which was confirmed to the State by the act of Con-
gress, approved March 3, 1857, has been disposed of by the
United States since that date, and for which the State is
GOVERNOR THOMAS THEODORE GRITTENDEN. 437
entitled to indemnity. Under existing laws the right to
indemnity is limited to March 3, 1857. A bill is now pending
before Congress, which has been recommended by the Com-
missioner of the General Land Office, giving all the States
indemnity for all swamp land sold by the United States
since March 3, 1857. Including these lands, as near as can
be approximated, there is still due the State on unsettled
indemnity claims about $55,000 cash indemnity, and 25,000
acres of land indemnity.
INEBRIATE ASYLUM.
There is a strong feeling favorable to temperance pre-
vailing over this State. The operation of the Downing law
has been successful during the last year, and will be more
satisfactory when certain amendments are made to it. It
is believed by many that if an inebriate asylum is established,
its work, in conjunction with the good results from the
Downing law, will decrease intemperance largely, and will
also decrease the cause of much of the crime and insanity
now found in every county. Scientists assert that 25 per
cent, of insanity is caused by the habitual use of intoxicants.
I think this Assembly should provide an inebriate asylum
at some point in the State.
CONCLUSION.
Having completed my official term at a most auspicious
time, when peace and good government prevail in every part
of the State; when we enjoy an immunity from lawlessness
beyond that of other States; when the local police affairs
of every county and village, and even of the great city of St.
Louis, were never in a condition more profoundly satis-
factory to the people; when the schools and credit of the
State suffered nothing in comparison with those of the fore-
most of the States, I can lay aside the habiliments of office
with that pride which animates a soldier who has never
deserted his post or flag until victory has crowned his devo-
tion to duty. To all the unjust criticisms which have been
438 MESSAGES AND PROCLAMATIONS OF
aimed at me, I point to the Missouri of today as my only
answer. Bishop Robertson spoke truthfully of Missouri
in his recent address before the State Episcopal Convention,
held in the city of St. Louis, when he said:
"Even at the risk of repeating what I have said before, but with an
emphasis justified by a longer familiarity, which only deepens in me a
sense of the truth and significance of it, I am amazed and overwhelmed
by the extent and rapidity with which the State is filling up with the best
class of people. Hundreds of miles of range to which I was once accus-
tomed in many parts of the State are now all fenced up and under cultiva-
tion. Indeed there is almost no land which is at all valuable that is
not enclosed. Villages have become cities with all the comforts and
appliances of modern life. All parts of the State show prosperity; but
perhaps it is of the western counties that the statement is more emphatic-
ally true/'
I am now conscious of having committed many errors,
which I deeply regret. They were the results of mistaken
conceptions of duty. It has been my earnest desire to do
my whole duty to the State, and in so far as it lay in my
power to give to its confiding people the most desirable of
all earthly blessings — good government. If that has been
done, I am content.
Adopting the words of one of the wisest Presidents
this country has ever had, permit me to say:
"As the time draws nigh when I am to retire from the
public service, I cannot refrain from expressing to the
members of the National (State) Legislature with whom
I have been brought into personal and official intercourse,
my sincere appreciation of their unfailing courtesy and of
their harmonious cooperation with the executive so many
measures calculated to promote the best interests of the
Nation, (State) and to my fellow citizens generally, I acknowl-
edge a deep sense of obligation for the support which they
have accorded me, in my administration of the Executive
Department of this Government."
THOS. T. CRITTENDEN.
JANUARY 7, 1885.
GOVERNOR THOMAS THEODORE CRITTENDEN. 439
VETO MESSAGES
TO THE SENATE
FEBRUARY 22, 1881
From the Journal of the Senate, pp. £57-858
EXECUTIVE OFFICE, JEFFERSON CITY, MISSOURI, February 22, 1881.
Sir — I regret that I am compelled to return to the
Senate, in which it originated, a bill entitled "An act to
amend section twenty-two (22), article 1, chapter 1 of the
Revised Statutes of Missouri, relating to administration,"
without my approval.
Article 1 of chapter 1, relates to the appointment,
qualifications and removal of executors and administrators,
and the section sought to be amended by this act defines
the duties of judges and clerks of probate courts in taking
the bonds and examining the securities required under that
chapter.
Section 22 provides that "the court, or judges or clerks
in vacation, shall take special care to take, as securities,
men who are solvent and sufficient, and who are not bound
in too many other bonds." How can judges and clerks
carry out and make available for the protection of dead
men's estates this most salutary provision? The means are
provided in the same section: "and to satisfy themselves,
they may take testimony or examine on oath, the applicant,
or persons offered as his securities," and as an additional
safeguard, this requirement is found in the same section:
"and said bond shall be signed and executed in the presence
of the court, judge or clerk, who shall certify to the same."
I cannot conceive of a valid reason for the modification
of either of these provisions. No higher duty can claim
the attention of the law-maker than the enactment of such
440 MESSAGES AND PROCLAMATIONS OF
laws as will afford the most certain protection to the prop-
erty of widows and orphans. Deprived of natural pro-
tection, in a very large majority of instances, left with but
meagre patrimony, a part of which must go to the court
in the way of fees, the orphan ought, in confidence, to appeal
to the legislator to be surrounded by all the safeguards
and protection which the law can give.
It certainly can not be argued that the substitution of
the word "require" for "take," and "many" for "shall" in
the section as it now reads, and the addition of the pro-
visions allowing bonds to be "signed and acknowledged
before a notary public or justice of the peace," will throw
any additional safeguards around the management of estates.
Upon the contrary, it seems to me, that it would operate
in a directly opposite direction. In my judgment notaries
public and justices of the peace ought not to be endowed
with plenary power to determine the proper form of a bond,
or the sufficiency of the security offered. For, while the
amendment does not provide for this in express terms,
that would be its practical effects. These officers would
not feel the importance and responsibility of such acts as a
judge of court, and as a consequence the examination of
securities would soon be a mere form, necessary to be gone
through with, in order to obtain letters testamentary or of
administration.
Judges of probate courts are elected by the people,
with a special view to their fitness and fidelity, and ought
to have exclusive control of matters of such vital moment
to the large and helpless class which would be so seriously
affected by the purposed change.
I do not see why the law as it now stands ought to be
changed, and I can not give my consent to any alteration,
unless I can be convinced that such alterations would afford
greater protection to estates. Feeling thus, I cannot
approve the bill.
Very respectfully,
THOS. T. CRITTENDEN.
. R. A. CAMPBELL, President of the Senate.
GOVERNOR THOMAS THEODORE CRITTENDEN. 441
TO THE HOUSE OF REPRESENTATIVES
MARCH 9, 1881
From the Journal of the House of Representatives, pp. 728-789
EXECUTIVE OFFICE, CITY OF JEFFERSON, March 9, 1881.
Sir — I return to your honorable body, without my
approval, House bill No. 187, entitled "An act to amend
section 3894 of chapter 65 of the Revised Statutes of the
State of Missouri, entitled 'Of sheriffs and their deputies.' "
If it should become a part of the law of the State, its
consequences to the business and commercial interests of
the country would be productive of much more harm than
good. There may be an apparent defect in the law, as it
now stands, in regard to the execution of writs and the proc-
esses of the courts, but that defect is inconsiderable in
results compared to the wrongs that may be perpetrated
by reason of this amendment to section 3894. Few occa-
sions will arise when such a law will be required, and these
few may only be gotten up for the abuse of the law.
Under the law as it now stands, as will be seen in sec-
tion 3893 of the Revised Statutes, "any person selected by
the plaintiff, his agent or attorney, can serve any writ or
process directed to the sheriff," and in sections 3894 and
3895, "the coroner can serve and execute all writs and pre-
cepts when the sheriff is disqualified from acting, and when
the office of sheriff is vacant by death or otherwise." These
sections are ample in my estimation to meet the require-
ments of society and the courts, especially so when to these
is added section 1038 of the Revised Statutes, which reads
as follows: "Where there is no sheriff or other ministerial
officer qualified to act, or where they are interested or
prejudiced, the court may appoint one or more persons
to execute its process, and perform any other duty of such
officer, who shall be entitled to such fees for their services
in each cause as are allowed, by law, to sheriffs in like
cases,"
442 MESSAGAS AND PROCLAMATIONS OF
Great care should be exercised in the execution of the
writs of the courts, and only those should be selected to
perform the duty who are men of unquestioned character,
governed by principle and restrained from oppression by an
official bond.
In the proposed amendment to section 3894 of chapter
65 of the Revised Statutes, I think, there is no assurance
that such men will be selected and no authority to require
"of any person who may be selected to perform" the func-
tions of the sheriff and official bond — to compel a just per-
formance of his duties.
Under this amendment the plaintiff and the person,
"any person," as specified, may collude and combine to
abuse the processes of the court for personal gain, and it
being possible for both to be unworthy characters, with-
out reputation or property, it presents to my mind a strong
reason why such laxity should not be permitted to exist
under the sanction of the law.
Very respectfully,
THOS. T. CRITTENDEN.
TO THE SENATE
MARCH 26, 1881
From the Journal of the Senate, p. 674
STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON,
March 26, 1881.
Sir — I return to the Senate, without my approval,
Senate No. (236) two hundred and thirty-six, for the fol-
lowing reasons: To invest the Fund Commissioners with
the power to purchase or deal in the county bonds of this
State, with any money that may be in the sinking fund
would, in my opinion, place a power in their hands dangerous
to the credit of the State.
Very respectfully,
THOS. T. CRITTENDEN.
HON. R. A. CAMPBELL, President of the Senate.
GOVERNOR THOMAS THEODORE CRITTENDEN. 443
TO THE HOUSE OF REPRESENT A TIVES
MARCH 28, 1883
From the Journal of the House of Representatives, pp. 1039-1040
Sir — I return to the House of Representatives a bill of
the following title:
"An act to amend section 1232 of article 2 of chapter
24 of the Revised Statutes of the State of Missouri con-
cerning 'Offenses against the lives and persons of indi-
viduals/ " to which I cannot give my sanction.
If by the substitution of the term "homicide" for
"murder," in the section amended, the section can be
construed to mean anything more than was intended in
the original act it would, in my judgment, be a dangerous
innovation upon the commonly accepted definition of murder
in the first degree.
Under section 1232 of the Revised Statutes of 1879,
"every murder which shall be committed in the perpetra-
tion, or attempt to perpetrate any arson, rape, robbery,
burglary or mayhem, shall be deemed murder in the first
degree." The amendment proposed substitutes the word
"homicide" for "murder" in the above clause of that section
and, therefore, instead of mitigating its vigors, makes our
code more severe than the common law. There were
homicides at common law committed in the perpetration
or attempt to perpetrate the crimes mentioned in the above
section, which were not murder. Such homicides, by this
amendment, are declared to be murder and are classed as
of the first degree. It would either have this effect or work
no material change in the present law.
Any homicide committed in the perpetration, or attempt
to perpetrate either of the felonies named in section 1232,
that is, in furtherance of the purpose to commit, or as a
means of committing such crime, is now murder in the first
degree.
444 MESSAGES AND PROCLAMATIONS OF
If by substituting the word "homicide" for the word
"murder" in the above section, the intent is to make an
accidental killing of a human being by one, which occurs
while he is perpetrating or attempting to perpetrate one
of the felonies named therein, but which killing is in no
manner connected with the perpetration of the other crime,
as a means, or in furtherance of the commission of such
crime, I cannot give it my approval.
It has never been the policy in this State to add to the
severity of the common laws in relation to crime and punish-
ment. All our legislation has been in a contrary direction,
and I cannot believe that the General Assembly, by the
act under consideration, intended that such an accidental
killing should be deemed murder of any degree.
The Supreme Court of this State has not decided that a
homicide committed in furtherance of a design to perpetrate
either of the felonies named in section 1232 is not murder
in the first degree. Neither the Hopper nor the Earnest
case — 70 and 71 Mo. — advances any such doctrine. Those
cases go no further in that direction than to say that there
may be a homicide committed by one engaged at the time
in the perpetration of either of the enumerated felonies,
which, at common law, was not murder; and, therefore, not
murder under that section, which was never designed to
make a homicide murder, which, at common law, was but
manslaughter.
With due deference to the General Assembly, I think
that the act amendatory of section 1232 originated in a
misconception of section 1232 and the decisions of the
Supreme Court in the cases above cited.
Very respectfully,
THOS. T. CRITTENDEN.
HON. J. S. RICHARDSON, Speaker of House of Repre-
sentatives.
GOVERNOR THOMAS THEODORE CRITTENDEN. 445
TO THE HOUSE OF REPRESENTATIVES
MARCH 29, 1883
From the Journal of the House of Representatives, p. 1067
Sir — I return to the House of Representatives, without
my approval, a bill of the following title:
"An act for the relief of Cyrus Thompson, and to
appropriate money therefor."
It is not alleged in the preamble to the bill that Cyrus
Thompson was ever evicted from, or dispossessed of the
land in question. This claim belongs to a class of claims
which require the fullest investigation, here and elsewhere,
and which are appearing in increased numbers at each
session of the Legislature. The fact that these claims have
not demanded an earlier adjustment, casts a suspicion upon
them, in my mind, and with the meager facts before me,
I am unwilling to give this bill my approval.
Very respectfully,
THOS. T. CRITTENDEN.
HON. J. S. RICHARDSON, Speaker of the House of Repre-
sentatives.
TO THE HOUSE OF REPRESENTATIVES
MARCH 30, 1883
From the Journal of the House of Representatives, pp. 1101-1102
Sir — I return to the House of Representatives, without
my approval, bills of the following titles:
No. 517, entitled "An act for Ahe relief of Alonzo
Thompson, ajad to appropriate money therefor;"
No. 518, entitled "An act for the relief of Chas. G.
Comstock, and to appropriate money therefor;"
No. 519, entitled "An act for the relief of Alonzo
Thompson, and to appropriate money therefor;"
446 MESSAGES AND PROCLAMATIONS OF
No. 520, entitled "An act for the relief of Alonzo
Thompson, and to appropriate money therefor;"
No. 521, entitled "An act for the relief of Chas. G.
Comstock, and to appropriate money therefor;"
No. 513, entitled "An act for the relief of D. P. Dyer,
and to appropriate money therefor;"
No. 512, entitled "An act for the relief of D. P. Dyer,
and to appropriate money therefor;"
No. 511, entitled "An act for the relief of Chas. G.
Comstock, and to appropriate money therefor;"
No. 514, entitled "An act for the relief of D. P. Dyer,
and to appropriate money therefor;"
No. 510, entitled "An act for the relief of Chas. G.
Comstock, and to appropriate money therefor;"
No. 515, entitled "An act for the relief of Robt. T.
Brock, and to appropriate money therefor;"
It does not appear in the preamble of either of these
bills that any one of the persons for whose relief the bills
were introduced has been evicted or dispossessed of any of
the land in question. Claims of this character should be
closely scrutinized and thoroughly investigated before be-
ing paid by the State, and such facts should be set forth,
either in the preamble or bill, as would entitle the holder
of the claim to the relief. I cannot think that the Legis-
lature ever intended to provide for the payment of these
claims upon the simple proof that a prior patent had been
issued by the State, without reference to the question of
ownership or loss. Claims of this class are increasing in
number at each session of the Legislature and their pay-
ment may, in time, amount to a serious matter to the people
of Missouri.
The fact they have not demanded an earlier adjust-
ment is, of itself, a sufficient significance to suggest a more
rigid examination of the merits of each particular case,
than appears to have been thought necessary in the cases
under consideration.
I am informed that no separate roll call was had in the
House of Representatives upon the passage of bills number-
GOVERNOR THOMAS THEODORE CRITTENDEN. 447
517, 518, 519, 520 and 521. The validity of laws thus
acted would be questionable.
Because of my conviction that this class of claims
ould receive a more thorough investigation at the hands
this or some future General Assembly, I withhold my
proval.
Very Respectfully,
THOS. T. CRITTENDEN.
3N. J. S. RICHARDSON, Speaker of the House of Repre-
sentatives.
TO THE HOUSE OF REPRESENTATIVES
APRIL 2, 1883
From the Journal of the House of Representatives, p. 1148
Sir — I return to the House of Representatives, without
? approval, bills of the following titles:
"An act for the relief of Alonzo Thompson, and to
propriate money therefor;"
"An act for the relief of Edward Price, and to appro-
Late money therefor."
I decline to approve these bills for the same reasons
fen the House in a former message, in returning bills of
similar character, providing for the payment of claims
the same class.
There should be a thorough investigation of all the
rts bearing upon the validity of these claims before the
ate is committed to the policy of their payment. Such
investigation can work no hardship either to the claim-
ts or to the State.
Very respectfully,
THOS. T. CRITTENDEN.
>N. J. S. RICHARDSON, Speaker of the House of Repre-
sentatives.
448 MESSAGES AND PROCLAMATIONS OF
SPECIAL MESSAGES
TO THE SENATE
JANUARY 11, 1880
From the Journal of Executive Business, p. 204
STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON,
January 11, 1880.
Sir — I have the honor to nominate John F. Williams
of Macon County as Insurance Commissioner for the term
of four years from the 1st day of next March; in which
appointment the Concurrence of the Senate is requested.
Very Respectfully,
THOS. T. CRITTENDEN, Governor.
HON. R. A. CAMPBELL, Preset of the Senate.
TO THE SENATE
JANUARY 12, 1881
From the Journal of Executive Business, p. 204
STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON,
January 12, 1881.
Sir — I have the honor to nominate James R. Willis of
Buchanan County, as Warden of the Penitentiary for the
term of four years from the 3rd Monday in January 1881;
and Morgan Boland and Alexander Kincaid of the City of
St. Louis as Police Commissioners within and for the City
of St. Louis for the term of four years from the first day of
January 1881, in which appointments the concurrence of
the Senate is requested.
Very Respectfully,
THOS. T. CRITTENDEN.
HON. R* A. CAMPBELL, Pres't of the Senate.
GOVERNOR THOMAS THEODORE CRITTENDEN. 449
TO THE HOUSE OF REPRESENTATIVES
JANUABT 12, 1881
From ike Journal of the House of Representatives, p. 78
EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, January 12, 1881.
Sir — I have the honor to lay before you the second
cmual report of W. H. Hilkene, Commissioner of the Bureau
f Labor Statistics.
Very respectfully,
THOS. T. CRITTENDEN, Governor.
TO THE HOUSE OF REPRESENTATIVES
JANUARY 18, 1881
From the Journal of the House of Representatives, p. 144
EXECUTIVE DEPARTMENT, CITY OF JEFFEBSON, January 18, 1881.
Sir — I have the honor to transmit to your honorable
ody the First Biennial Report of the State Board of Im-
ugration of Missouri.
Very respectfully,
THOS. T. CRITTENDEN.
TO THE SENATE
JANUARY 19, 18S1
From the Journal of Executive Bvsiness, pp. %Q6-$Q7
STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON,
January 19, 1881.
Sir — I have the honor to nominate Andrew Ellison of
idair County and A. W. Alexander of Monroe County as
legents of the Normal School of the First District for the
450 MESSAGES A.ND PROCLAMATIONS OF
term of Six years from the 1st day of January 1881; and
John S. Erwin of Adair County as Regent of the Normal
School of the First District for a term ending January 1st
1885; and Henry C. Fike of Johnson County and Ashley W.
Ewing of Cole County as regents of the Normal School of
the Second District for the term of six years from the 1st
day of January 1881; and Louis W. Danforth of Mississippi
County and Charles C. Rozier of Ste. Genevieve County
as Regents of the Normal School of the Third District for
the term of six years from the 28th day of June 1881; and
George T. Bartlett of Butler County and J. R. McKinney
of Iron County as Regents of the Normal School of the
Third District for a term ending June 28th 1885. In
which appointments I request the Concurrence of the
Senate.
Very respectfully,
THOS. T. CRITTENDEN.
HON. R. A. CAMPBELL, Pres't of the Senate.
TO THE HOUSE OF REPRESENTATIVES
JANTTARY 19, 1881
From the Journal of the House of Representatives , p. 158
EXECUTIVE DEPARTMENT, CITT OP JEPFEKSON, January 19, 1881.
Sir — I have the honor to lay before your honorable
body a copy of a communication received by me from Hon.
E. B. Washburne of the State of Illinois, proposing, in behalf
of Mr. Ed. Hempstead of the city of Chicago, to present
to the State of Missouri the portrait of his uncle, the Hon.
Ed. Hempstead, the first delegate in Congress from the
Territory of Missouri. I suggest that the Legislature take
the necessary steps for its reception.
Very respectfully,
THOS. T. CRITTENDEN, Governor.
GOVERNOR THOMAS THEODORE CRITTENDEN. 451
TO THE HOUSE OF REPRESENTATIVES
JANUARY 19, 1881
From the Journal of the House of Representatives, p. 154
EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, January 19, 18S1.
Sir — I have the honor to lay before you the twelfth
biennial report of the Missouri School for the Blind, for the
years 1879-1880.
Very respectfully,
THOS. T. CRITTENDEN, Governor.
TO THE SENATE
JANUARY 25, 1881
From the Journal of Executive Business, p.
STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON,
January 25, 1881.
Sir — I have the honor to nominate Willis B. Winston
M. D. as physician to the Penitentiary; in which appoint-
ment the Concurrence of the Senate is requested.
THOS. T. CRITTENDEN.
HON. R. A. CAMPBELL, Pres't of the Senate.
TO THE SENATE
JANUARY 25, 1881
From the Journal of Executive Business, p. £10
STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON,
January 25r 1881.
Sir — I have the honor to nominate James Ricken-
baugh, Chas. A. Bailey, Phillip S. Adams, Thos. B. Nesbit
and S* L. Dedman of Callaway County as managers of the
452 MESSAGES AND PROCLAMATIONS OF
Mo. Institution for the Education of the Deaf and Dumb
for the term of 4 years from March 4th 1881 ; also, Jackson L.
Smith, of Cole County, James Carroll of Audrain County,
and Wm. Harrison, Dr. John J. Brown, Dr. Edwd. M. Kerr,
Dr. Achilles Wilkerson, Edwin Curd, J. C. Yantis, and
John A. Hockaday of Callaway County as Managers of
Lunatic Asylum No. 1 at Fulton for the term of four years
from February 6th 1881. In which appointments the
Concurrence of the Senate is requested.
THOS. T. CRITTENDEN.
HON. R. A. CAMPBELL, Pres't of the Senate.
TO THE SENATE
JANUARY 26, 1881
From the Journal of Executive Business, p. SIS
STATE OP MISSOURI, EXECUTIVE DEPARTMENT, CITY OP JEFFERSON,
January 26, 1881.
Sir — I have the honor to nominate Wm. M. Van Cleve
of Macon County as Brigadier General of the National
Guards of Missouri, for the District of North Missouri, in
which appointment the Concurrence of the Senate is re-
quested.
THOS. T. CRITTENDEN.
HON. R. A. CAMPBELL, Pres't of the Senate.
TO THE SENATE
JANUARY 27, 1881
From the Journal of Executive Businesst p. 214
STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON,
January 27, 1881.
Sir — I have the honor to nominate H. H. Craig and
J. W. Dunlap as Police Commissioners of Kansas City for
GOVERNOR THOMAS THEODORE CRITTENDEN. 453
the term of three years from February 9th 1881, in which
appointments the Concurrence of the Senate is requested.
Very Respectfully,
THOS. T. CRITTENDEN.
HON. R. A. CAMPBELL, Pres't of the Senate.
TO THE HOUSE OF REPRESENTATIVES
JANUARY 27, 1881
From the Journal of the House of Representatives, p. %%4
STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OP JEFFERSON,
January 27, 1881.
Sir — I have the honor to lay before your honorable
body a communication from Hon. E. B. Washburn, designat-
ing a time for the presentation of the portrait of Hon.
Edward Hempstead. I suggest that the House of Repre-
sentatives and Senate take concurrent action in extending
to Mr. Washburn a reception worthy alike of our State
and of the distinguished gentleman who visits us.
Very respectfully,
THOS. T. CRITTENDEN.
TO THE HOUSE OF REPRESENTATIVES
JANUARY 29, 1881
From the Journal of the House of Representatives, p. 169
STATE OP MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON,
January 29, 1881.
Sir — I have the honor to lay before^ you the annual
report of Petroleum Inspector of the city of Sedalia.
Very respectfully,
THOS. T. CRITTENDEN,
454 MESSAGES AND PROCLAMATIONS OF
TO THE HOVSE OF REPRESENTATIVES
JANUARY 31, 1881
From the Journal of the House of Representatives, p. $46
EXECUTIVE OFFICE, CITY OF JEFFERSON, January 31, 1881.
Sir — I have the honor to lay before you the first biennial
report of the Fish Commission of Missouri, made in pur-
suance of an act approved May 3, 1879. I commend this
report to the careful and serious consideration of the Legis-
lature, as it is exhaustive of the subject and presents an
itemized account of the expenditure of the appropriation
made by the last General Assembly for the artificial prop-
agation of fish and the protection of fish common to our
waters. The gentlemen composing this commission deserve
the thanks of the people of Missouri for their intelligence
and faithfulness in carrying out the purposes of the law
under which they act, and for the disinterested devotion
of their time to this purpose. I recommend that the Legis-
lature assist them by an adequate appropriation to still
further and more successfully prosecute this important
public enterprise.
Very respectfully,
THOS. T. CRITTENDEN.
TO THE HOUSE OF REPRESENTATIVES
JANUAEY 31, 1881
From the Journal of the House of Representatives, p. $69
EXECUTIVE OFFICE, CITY OF JEFFERSON, January 31, 1881.
Sir — I have the honor to lay before you a communica-
tion from Hon. John Sherman, Secretary of the Treasury of
the United States, relating to the claim of the State of Mis-
GOVERNOR THOMAS THEODORE CRITTENDEN. 455
souri against the United States Government. The vouchers
referred to in Mr. Sherman's communication are now on
file in the office of the State Auditor, and cannot be with-
drawn to be filed in the office of the Secretary of the Treasury
without further authority. I recommend the passage of a
concurrent resolution by the Legislature, authorizing the
Adjutant General of the State to withdraw the original
vouchers from the Auditor's office, and forward them to the
Secretary of the Treasury of the United States Govern-
ment, must be the paymaster, in case anything is realized
upon this claim, and the proper officer of the general govern-
ment is entitled to those vouchers, especially since their
retention by the Auditor could, in no event, benefit the
State.
Very respectfully,
THOS, T. CRITTENDEN.
TO THE SENATE
FEBRUARY 2, 1881
From the Journal of Executive Business, p.
STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON,
February 2, 1881.
Sir — I have the honor to nominate James S. Rollins
of Boone County, and C. C. Bland and A. M, Millard of
Phelps County as Curators of the State University for the
term of six years beginning January 1st 1881; in which
appointments the concurrence of the Senate is requested.
Very Respectfully,
THOS. T. CRITTENDEN.
HON. R. A. CAMPBELL, Pres't of the Senate.
456 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
FEBRUARY 3, 1881
From the Journal of Executive Business, p. $16
STATE OF MISSOTTBI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON,
February 3, 1881.
Sir —I have the honor to nominate Wm. H. Lackland
of St. Louis, as Curator for the State University for a term
of 6 years from January 6th 1881,
Very Respectfully,
THOS. T. CRITTENDEN.
HON. R. A. CAMPBELL, Pres't of the Senate.
TO THE GENERAL ASSEMBLY
FEBRUARY 3, 1881
From the Journal of the House of Representatives, pp. 299-301
Mr. President, Mr, Washburn, Senators and Representatives,
Ladies and Gentlemen:
In the name of the people of the State of Missouri, I
sincerely thank the distinguished gentleman to whose
splendid address we have just listened with much interest
and pleasure, and I now commission him, in the name of
the citizens of this commonwealth, to bear to the generous
donor of this portrait our heartfelt thanks. Mr. Washburn,
upon your presentation to the Senate on yesterday, it
was truthfully said of you that your name and reputation
belonged to our common country; but we have another
and a stronger reason for reciprocating your fraternal
sentiments. You come from a State from which we are
only separated by a narrow stream. We proudly refer
to the Mississippi as the grandest river upon the face of the
earth, but its commercial importance, in which Missouri
GOVERNOR THOMAS THEODORE CRITTENDEN. 457
nd Illinois are equally interested, but serves to strengthen
ur feelings and to render more certain a reciprocity upon
ur part of every sentiment you have uttered manifesting
n interest in the welfare of our beloved State. No words
f mine can convey to you or to the gentleman whom you
^present an adequate conception of our appreciation of
is gift. This occasion and the address made by Mr.
/ashburn are important, not alone as marking an episode
i the life of Missouri, but they have a historic value,
luch that was never before known, save to a favored
rw, is now a part of our history; and when in years to come
e shall look upon the portrait of Hon. Edward Hemp-
,ead, the first delegate in Congress from the Territory
f Missouri, we will, by the untarnished record of his pure
fe, be incited to loftier aims and more exalted purposes,
nd, sir, [To Mr. Washburn,] as the same waters which
ash the shores of Illinois lave the borders of Missouri
nd then meet and mingle in their onward sweep to the
ulf, forming as they go a mighty artery of commerce, so
lay the mutuality of good will and fraternal feelings which
ow characterize the people of these sister States form a
ill closer bond of union between us as we sweep onward
) a common eternity. Again I thank you.
[Tnos. T. CRITTENDEN]
TO THE HOUSE OF REPRESENTATIVES
FEBRUARY 18, 1881
From the Journal of the House of Representatives , pp.
EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, February 18, 1881.
ron. Thos. P. Bashaw, Speaker House of Representatives:
Sir — By an act of Congress, approved April 23d, 1880,
was provided that an International Exhibition of arts,
Lanufactures and products of the soil and mine, should
e held in the City of New York in the year 1883, and for
458 MESSAGES AND PROCLAMATIONS OF
that purpose a commission was created, to consist of two
commissioners from each State, one from each Territory
and one from the District of Columbia, together with the
Commissioners named in the act.
In pursuance of the terms of this act, upon the nomina-
tion of his Excellency Governor John S. Phelps, S. Water-
house and A. W. Doniphan were appointed Commissioners,
and Wayman Crow and Thomas B. Bullene alternate
Commissioners for Missouri, by the President of the United
States.
The Commissioners met in the City of New York on
the 10th day of August, 1880, and perfected their organiza-
tion, and the Commission is now ready to co-operate with
the various States and Territories in preparing for the dis-
play of the resources and products of our country.
It is the design of the Commission to exhibit within
suitable buildings, erected for the purpose, not only the
production of our mines and of the soil, but also specimens
of our mechanical inventions and of our arts, of the intel-
lectual achievements of our citizens, and of everything
that America can furnish to illustrate the advancement
of a free and independent people.
If 1776 is ever memorable for the Declaration of our
National Independence, 1783 is significant as the year
wherein that independence was officially recognized by
Great Britain. This great event appeals to the patriotism
and gratitude of every American citizen, and is worthy of
commemoration. In no other way can we so impressively
celebrate an event so important than by this contemplated
civic display of the arts of peace and the products of honor-
able toil and creative genius.
The above language, borrowed from the address of
the Commission, gives expression to our own views upon
this important matter, and must be approved by every
patriotic citizen of Missouri.
GOVERNOR THOMAS THEODORE CRITTENDEN. 459
We ought not to be behind our sister States in the dis-
play of our resources.
I submit the matter to your honorable body, with the
recommendation that you adopt such legislation as will
enable the State to creditably display its products at the
exhibition.
I have the honor to transmit herewith such information
and legislation as I have in my possession for your con-
sideration.
Very respectfully,
THOS. T. CRITTENDEN.
TO THE HOUSE OF REPRESENTATIVES
FEBBUAEY 21, 1S81
From the Journal of the House of Representatives, p. 488
EXECUTIVE OFFICE, CITY OF JEFFERSON, February 21, 1881.
Sir — I have the honor to lay before you a communica-
tion from Hon. S. Waterhouse, member from Missouri of
the United States International Commission. I commend
the accompanying communication to your serious atten-
tion, as it fully sets forth my views upon the magnitude
and importance of the International Exhibition, to be held
in the City of New York, in 1883.
Our sister States, especially those immediately sur-
rounding us, are moving in the matter. It is a supreme
moment for Missouri. You will pardon me for again sug-
gesting to you the necessity for action upon the part of
our own legislature. Such action as it may please you to
take must be promptly taken, if effective.
Very respectfully,
THOS. T. CRITTENDEN.
460 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
FEBPUABY21, 1881
From the Journal of the Senate, pp.
Sir — I have the honor to transmit to the Senate the
accompanying official census bulletins, giving the popula-
tion of the counties of Missouri.
Very respectfully,
THOS. T. CRITTENDEN.
HON. R. A. CAMPBELL, President of the Senate.
TO THE SENATE
FEBBUARY 22, 1881
From the Journal of Executive Business, p. £17
STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON,
February 22, 1881.
Sir — I have the honor to nominate Henry J. Spaun-
horst, of the City of St. Louis, as Commissioner of Labor
Statistics for a term of two years from the first Wednes-
day in February 1881, in which appointment the Con-
currence of the Senate is requested.
Very Respectfully,
THOS. T. CRITTENDEN.
HON. R. A. CAMPBELL, Pres't of the Senate.
GOVERNOR THOMAS THEODORE CRITTENDEN. 461
TO THE SENATE
FEBRUARY 25, 1881
- From the Journal of Executive Business, p.
:E OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON,
February 25, 1881.
Sir — I have the honor to nominate Joseph O'Neil,
Robert Barclay, S. Pollak, Richard M. Scruggs, and
n R. Lionberger of the City of St. Louis, and H. Clay
ng of Cole County, John L. Peck of Jackson County,
A. Jacobs of Livingston County, and C. B. McAfee of
ene County as trustees of the Missouri School for the
id, for the term of four years from the 27th day of
ruary 1881; in which appointments the Concurrence
he Senate is requested.
Very Respectfully,
THOS. T. CRITTENDEN.
*. R. A. CAMPBELL, Pres't of the Senate.
TO THE SENATE
FEBRUARY 25, 1881
From the Journal of Executive Business, p. 219
PE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON,
February 25, 1881.
Sir — I have the honor to nominate Arthur Kirkpatrick
tuchanan County as a member of the Board of Managers
^unatic Asylum No. 2 at St. Joseph, Mo., for a term
ing March 1st 1882, in which appointment the Con-
•ence of the Senate is requested.
Very Respectfully,
THOS. T. CRITTENDEN.
*. R. A. CAMPBELL, Pres't of the Senate.
462 MESSAGES AND PROCLAMATIONS OF
TO THE HOUSE OF REPRESENTATIVES
FEBRUABY 25, 1881
From the Journal of the House of Representatives, pp. 5$7*&S8
EXECUTIVE OFFICE, CITY OF JEFFERSON, February 25, 1881.
Sir — I have the honor to lay before you a communica-
tion from Hon. John Walker to the Board of Fund Com-
missioners of Missouri. Mr. Walker, as a member of that
board, recently visited the city of New York for the pur-
pose of conferring with the officers of the Hannibal & St.
Joseph Railroad Company in regard to the proposition of
that company to discharge the full amount of what it claims
is its present indebtedness to the State.
The result of Mr. Walker's conference with those
officials is fully set forth in the accompanying communica-
tion.
I recommend that you adopt such legislation as will
enable the Fund Commissioners to use or dispose of what-
ever sum, if any, may be accepted by the State from the
Hannibal & St. Joseph Railroad Company.
I do not mean to say that the State will accept the sum
of $3,000,000 in complete satisfaction of the liability in-
curred by the State in aid of said company. I think the
liability extends to the maturity of the bonds; and as the
company has heretofore met its obligations to the State
promptly and has thereby secured the confidence of the
people of the State, who were, for many years, in doubt
as to the final result of our complications with that road,
I trust that it will be equally as honorable in the future,
and so act as to retain the confidence which its past conduct
has inspired.
' In case the whole or any part of the money due from
the company is accepted, its receipt ought not to find us
unprepared for its prompt and profitable disposal.
Very respectfully,
TH<*S. T.
GOVERNOR THOMAS THEODORE CRITTENDEN. 463
TO THE SENATE
MARCH 11, 1881
From the Journal of Executive Business, p. SSI
EXECUTIVE OFFICE, CITY OF JEFFERSON, March 11, 1881.
Sir — I have the honor to nominate John A. Maxon as
Police Commissioner of the City of St. Louis for a term end-
ing January 1st, 1885. Vice Morgan Boland removed, and
Samuel Cupples and E. C. Simmons as Police Commissioners
of the City of St. Louis for a term ending January 1st 1883,
Vice John D. Finney and Leslie Moffett removed, in which
appointments the Concurrence of the Senate is requested.
Very Respectfully,
THOS. T. CRITTENDEN.
HON. R. A. CAMPBELL, President of the Senate.
TO THE HOUSE OF REPRESENTATIVES
MARCH 14, 1881
From the Journal of the House of Representatives, p. 828
EXECUTIVE DEPARTMENT, CITY OF JEFFERSON, March 14, 1881.
Sir — In view of the fact that a casual deficiency in the
revenue fund will occur, extending from June 1st to October
1st of this year, I recommend that the legislature authorize
the issuance of two hundred thousand dollars of revenue
bonds, bearing a rate of interest not to exceed six per cent,
per annum, or authorize the fund commissioners to borrow
any sum, not exceeding two hundred thousand dollars,
that may be necessary to meet the emergency of this casual
deficiency, for such length of time as may be necessary, not
exceeding two years, and not at a greater rate of interest
than six per cent, per annum.
464 MESSAGES AND PROCLAMATIONS OF
I am inclined to think the latter proposition cheaper
and as effective as the former.
The obligations of the State which mature on the 1st
day of June, together with the other demands made upon
the revenue fund, will absorb that fund, thereby causing a
deficiency for the time mentioned. The importance of
this matter will commend itself to your prompt and earnest
attention.
Very respectfully,
THOS. T. CRITTENDEN.
TO THE SENATE
MARCH 25, 1881
From the Journal of the Senate, pp. 684-685
EXECUTIVE OFFICE, CITY OF JEFFERSON, March 25, 1881.
Sir — I have the honor to appoint Hon. T. J. 0. Morris-
son, upon the part of the Senate, and Representatives
Anthony of Nodaway and McGinnis of St. Louis city, upon
the part of the House, to constitute a committee to examine
the books of the State Treasurer for the years 1877 and 1878.
Said committee shall meet in the City of Jefferson on Tues-
day, May 3, 1881, to begin its labors.
Very respectfully,
THOS. T. CRITTENDEN.
HON. ROBERT A. CAMPBELL, President of the Senate.
TO THE SENATE
APRIL 27, 1882
From the Journal of the Senate, pp. 11-12
EXECUTIVE OFFICE, CITY OF JEFFERSON, April 27, 1882.
Sir — I have the honor to call the attention of the Legis-
lature to the necessity for a re-apportionment of the State
into Representative Districts, in conformity with the popula-
GOVERNOR THOMAS THEODORE CRITTENDEN. 465
on of the various counties, as ascertained by the official
>nsus of 1880; and I recommend that the Legislature adopt
ich measures as may be necessary to conform the repre-
intation of the various counties in the House of Representa-
ves to such census.
I also recommend to the Legislature the appropriation
' one thousand dollars to be used in defraying the necessary
^penses (other than attorney's fees) incurred by the State
its litigation with the Hannibal & St. Joseph Railroad
ompany. I recommend that said sum be placed at the
sposal of the Fund Commissioners of the State, to be
jed by them for the above purpose as occasion may require.
Very respectfully,
THOS. T. CRITTENDEN.
o HON. R. A. CAMPBELL, President of the Senate.
TO THE HOUSE OF REPRESENTATIVES
JANUARY 9, 1883
From the Journal of the House of Representatives, pp. 105-106
Sir — I have the honor to lay before you the 2d biennial
port of the State Board of Immigration; the reports of
ie Superintendent and Board of Trustees of the Missouri
;hool for the Blind; the report of the Register of Lands for
ie years 1881 and 1882; the report of the Adjutant-General
r the year 1882; a supplement to the 6th annual report
id the 7th annual report of the Railroad Commissioners;
ie 4th annual report of the Bureau of Labor Statistics;
ie report of the committee appointed by me under the
revisions of an act of the 31st General Assembly, approved
[arch 14, 1881, to settle with the State Auditor and Treas-
:er for the years 1877 and 1878; and the report of the Fish
ommission for the years 1881 and 1882.
Very respectfully,
THOS. T. CRITTENDEN.
ON. J. S. RICHARDSON, Speaker House of Representatives,
466 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
JANUARY 12, 1883
From the Journal of Executive Business » p. BBS
EXECUTIVE OFFICE, CITY OF JEFFERSON, January 12, 1883.
Sir — I have the honor to nominate and appoint David
W. Caruth to the office of Police Commissioner for the City
of St. Louis for the term of four years from January 1st 1883;
also, to inform you that on the 1st day of July, 1882 I
appointed Daniel Kerevin to the office of Police Commis-
sioner in the City of St. Louis, to fill a vacancy in a term
ending January 1st 1885, in which appointments the Con-
currence of the Senate is respectfully requested.
Very Respectfully,
THOS. T. CRITTENDEN.
To HON. R. A. CAMPBELL, Presid't of the Senate.
TO THE SENATE
JANUARY 16, 1883
From the Journal of Executive Business, p. %%5
EXECUTIVE OFFICE, CITY OF JEFFERSON, January 16, 1883.
Sir — I have the honor to nominate and appoint Frank J.
Sutz to the office of Police Commissioner for the City of
St. Louis, for a term of four years from January 1st 1883,
in which appointment the Concurrence of the Senate is
respectfully requested.
Very Respectfully,
THOS. T. CRITTENDEN.
To HON. R. A. CAMPBELL, Pres't of the Senate.
GOVERNOR THOMAS THEODORE CRITTENDEN. 467
TO THE HOUSE OF REPRESENTATIVES
JANUABY 16, 1883
From the Journal of the House of Representatives, p. 14$
EXECUTIVE OFFICE, CITY OF JEFFERSON, January 16, 1883.
Sir — As required by section 8, article 5 of the Con-
stitution, I have the honor to transmit to you a list of
reprieves, commutations and pardons granted by me for
the two years ending December 31st, 1882, giving the name
of the convict, the crime of which he was convicted, the
sentence and its date, the date of the commutation, pardon
or reprieve, and my reasons for granting the same.
Very respectfully,
THOS. T.v CRITTENDEN.
HON. J. S. RICHARDSON, Speaker of the House of Repre-
sentatives.
TO THE SENATE
JANUARY 20, 1883
From the Journal of Executive Business, p.
EXECUTIVE OFFICE, CITY OF JEFFERSON, January 20, 1883.
Sir — I have the honor to nominate and appoint "William
McLean of Johnson County, and Robert T. Railey of Cass
County as members of the "Board of Regents" for Normal
School District Number 2 for the term of six years from
January 1st 1883, in which appointments the Concurrence
of the Senate is respectfully requested.
Very Respectfully,
THOS. T. CRITTENDEN.
To HON. R. A, CAMPBELL, President of the Senate.
468 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
FEBRUARY 5, 1883
From the Journal of Executive Business, p. 227
EXECUTIVE OFFICE, CITY OF JEFFERSON, February 5, 1883.
Sir — I have the honor to inform you that, on the 25th
day of April 1881, I appointed Clarence S. Hoblitzelle
Recorder of Voters within and for the City of St. Louis,
for a term of four years from January 1st 1881, in which
appointment the concurrence of the Senate is respectfully
requested.
Very Respectfully,
THOS, T. CRITTENDEN.
To R. A. CAMPBELL, Pres't of the Senate.
TO THE SENATE
FEBRUARY 7, 1883
From the Journal of Executive Business, pp. 228-229
EXECUTIVE OFFICE, CITY OF JEFFERSON, February 7, 1883.
Sir— I have the honor to appoint the following persons
to the offices and for the terms respectively designated to
wit: Rufus S. McDonald, Waller Young, John Doniphan,
J. Malin, E. A. Donelan, A. Kirkpatrick and James C.
Roberts members of the Board of Managers of State Lunatic
Asylum No. 2 at St. Joseph for a term ending March 1st
1886: Ben Eli Guthrie, a member of the Board of Regents
of Normal School District No. 1 for a term of six years from
January 1st 1883: W. B. Wilson and Geo. B. Clarke
members of the Board of Regents Normal School District
No. 3 for a term of six years from January 1st 1883: J. S.
Clarkson, and Jen C. Cravens, members of the Board of
GOVERNOR THOMAS THEODORE CRITTENDEN. 469
Curators of the State University, for a term of six years
from January 1st 1883: James E. Lincoln member of the
Board of Curators of the State University, for a term of six
years from January 1st 1883: James R. Estill and "Wm. F.
Switzler members of the Board of Curators of the State
University for a term ending January 1st 1885: Thos. C.
Campbell member of the Board of Regents Normal School
District No. 1 for a term ending January 1st 1887: John W.
Howard and Charles E. Peers members of the Board of
Managers of State Lunatic Asylum No. 1 at Fulton for a
term ending February 6th 1885: James McWorkman a
member of the Board of Trustees of the Missouri School for
the Blind for a term ending February 27th 1885 in which
appointments the Concurrence of the Senate is respect-
fully requested.
Very Respectfully,
THOS. T. CRITTENDEN.
To HON. R. A. CAMPBELL, Pres't of the Senate.
TO THE SENATE
FEBRUARY 14, 1883
From the Journal of Executive Business, p. 2S1
EXECUTIVE OFFICE, CITY OF JEFFERSON, February 14, 1883.
Sir — I have the honor to nominate and appoint W. B.
Hayes a member of the Board of Regents of Normal School
District No 1 for a term of 6 years from January 1st 1883
in which appointment the concurrence of the Senate is
respectfully requested.
Very Respectfully,
THO. T. CRITTENDEN.
To HON. R. A. CAMPBELL, Pres't of the Senate.
470 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
FEBRUARY 21, 1883
From the Journal of Executive Business, p. $$
EXECUTIVE OFFICE, CITY OP JEFFERSON, February 21, 1883.
Sir —I have the honor to nominate and appoint Norman
J. Coleman as a member of the Board of Curators of the
State University, for a term ending January 1st 1887, in
which appointment the concurrence of the Senate is re-
spectfully requested.
Very Respectfully,
THO. T. CRITTENDEN.
To HON. R. A. CAMPBELL, Pres't of the Senate.
TO THE HOUSE OF REPRESENTATIVES
FEBRUARY 24, 1883
From the Journal of the House of Representatives, pp. 550-552
Sir — It is my unpleasant duty to call the attention of
the Legislature to the calamity that has befallen the State
by the burning of several of the largest shops in the peni-
tentiary in the disastrous conflagration which occurred in
that institution on the 23d inst. In addition to the serious
loss entailed upon the State in the destruction of the prop-
erty, an additional loss will be sustained by the enforced
idleness of large numbers of men who were employed in the
various manufactories now necessarily suspended, and
whose employment constituted a large part of the earnings
of the prison.
Your earnest attention is invited to the necessity for
immediate provision to rebuild these shops. Every interest,
both of the State and the morals and discipline of the prison
demands prompt action, nor can I too strongly urge upon
GOVERNOR THOMAS THEODORE CRITTENDEN. 471
you the pressing necessity for the construction of water
works and the procurement of engines and other proper
appliances for the extinguishment of fire at the penitentiary.
The State cannot afford to risk so much valuable
property with no protection from accidental fire or the
incendiary's torch. I also suggest the necessity for such a
change in our criminal laws as will prescribe severer punish-
ment for the crime of arson, committed within the peniten-
tiary. That the recent fire was the work of an incendiary is
known. This is the second attempt that has been made to
burn the penitentiary during my term of office. The former
attempt, while not so disastrous in its results as this, resulted
in a loss to the State of about $35,000. The law prescribes
no adequate punishment for such a crime. In my judg-
ment, the burning of the penitentiary, or any occupied
building therein, with the intention of exciting any mutiny
or insurrection in the prison, or with any other lawless
intent, should be made a capital crime.
Convicts who commit such crimes are generally men
of the most desperate character, sentenced for life or a long
number of years, who are willing to commit any crime in
order to obtain their liberty.
The present law is insufficient to deter them from the
perpetration of arson within the prison.
The recommendation is a severe one, but, under the
circumstances, I deem it necessary, to prevent future loss
to the State and greater crimes upon innocent individuals.
In my biennial message to this body the following
language was used: "There is not sufficient room inside
of the walls of the prison. The walls should be extended
or a branch penitentiary be erected in some part of the
State." I again call your attention to the importance of
this matter. There is no opportunity more fitting than the
present to prepare for the extension of the walls.
The State owns land on the outside of the eastern wall
of the penitentiary which should be included in the prison
grounds. I call your attention to the importance of making
472 MESSAGES AND PROCLAMATIONS OF
the Governor one of the board of inspectors of the peni-
tentiary, as he is held responsible for its management.
Very respectfully,
THOS. T, CRITTENDEN.
HON. J. S. RICHARDSON, Speaker of the House of Repre-
sentatives.
TO THE SENATE
MARCH 2, 1883
From the Journal of the Senate, p. $4&
Hon. R. A. Campbell President of the Senate:
Sir — I received the following telegram last night from
Col. J. W. Campbell, Chief of Police, St. Louis:
"St. Louis, Mo., March 2, 18S3.
Governor Thomas T~ Crittenden:
Telegram received from J. H. Dunlap, Superintendent Gray's Iron
Line, Sulphur Springs, Mo., as follows:
Riot going on here. Send force to quell it at once. We have no
men to send. Have trouble with strikers in Carondelet — one officer
badly beaten last night.
(Signed.) JNO. W. CAMPBELL,
Chief of Police."
There being no officer of the law at Sulphur Springs, I
at once sent a prudent gentlemen to that point, with such
order and instructions as I deemed proper. In consequence
of the action of the comptroller of the city of St. Louis
in refusing to allow an adequate sum of money to pay the
insufficient police force of that city, the board of Police
Commissioners has been compelled to reduce the force,
and fifteen officers have been dropped from the roll, within
the last few days. In view of the increasing demands of that
city for additional police force; in view of prospective
dangers arising from mobs and in view of the fact that the
citizens of the State and Territories will soon be invited
to attend an exposition in our chief city, I think this General
Assembly should enact such a law as will enable the police
board to protect the lives and property of the people, not
GOVERNOR THOMAS THEODORE CRITTENDEN. 473
only of that city, but of all who attend or participate in the
exposition. The city and State will be held responsible,
in public esteem, for any delinquency in this matter. If an
adequate police force is maintained in St. Louis, it can be
used in such an emergency as is presented in Col. Campbell's
telegram, without the delay necessarily incident to the
preparation and movement of a military company, and
at much less cost.
At this time, I think both forces are absolutely neces-
sary, and this Legislature should not adjourn without mak-
ing provision for both. Emergencies are controlled by
timely preparation.
Very respectfully,
THOS. T. CRITTENDEN.
HON. R. A. CAMPBELL, President of the Senate.
TO THE SENATE
MAECH 10, 1883
From the Journal of Executive Business, p. 888
EXECUTIVE OFFICE, CITY OF JEFFERSON, March 10, 1883.
Sir — I have the honor to nominate and appoint F. S.
Laurence as Brigadier General of the National Guard of
Missouri, in which appointment the concurrence of the
Senate is respectfully requested.
Very Respectfully,
THOS. T. CRITTENDEN.
To HON. R. A. CAMPBELL, Pres't of the Senate.
TO THE SENATE
MARCH 21, 1883
From the Journal of Executive Business, p. %SS
EXECUTIVE OFFICE, CITY OF JEFFEBSON, MAECH 21, 1883.
Sir — I have the honor to nominate, and appoint, as
mfembers of the Board of Regents of Lincoln Institute
Normal School Jefferson City, John G, Riddler and Philip H.
474 MESSAGES AND PROCLAMATIONS OF
White for a term of two years, Alexander Chinn and H. Clay
Ewing for a term of four years, and Louis C. Krauthoff and
Arnold Krekel, for a term of six years from January 1st
1883, in which appointments the concurrence of the Senate
is respectfully requested.
Very Respectfully,
THOS. T. CRITTENDEN.
To HON. R. A. CAMPBELL, President of the Senate.
TO THE SENATE
MARCH 30, 1883
From the Journal of Execu&ve Business, p. $S4
EXECUTIVE OFFICE, CITY OF JEFFERSON, March 30, 1883.
Sir — I have the honor to and appoint Wm. C. Boon as a
member of the Board of Regents of Lincoln Institute
Normal School Jefferson City, for a term ending January
1st 1887, vice H. Clay Ewing declined, in which appoint-
ment the concurrence of the Senate is respectfully requested.
Very Respectfully,
THO. T. CRITTENDEN.
To HON. R. A. CAMPBELL, Presd't of the Senate.
TO THE SENATE
MARCH 30, 1883
From the Journal of Executive Business, p. £S5
EXECUTIVE OFFICE, CITY OF JEFFERSON, March 30, 1883.
Sir — I have the honor to nominate and appoint Charles
R. Oglesby as Physician of the Penitentiary for a term end-
ing on the third Monday in January 1885, — vice Willis B.
Winston, deceased, in which appointment the concurrence
of the Senate is respectfully requested.
Very Respectfully,
THO. T. CRITTENDEN.
To HON. R. A. CAMPBELL, President of the Senate.
GOVERNOR THOMAS THEODORE CRITTENDEN. 475
TO THE SENATE
JANUARY 8, 1885
From the Journal of Executive Business, pp. S89-&40
EXECUTIVE DEPARTMENT, STATE OF MISSOURI, Januarys, 1885.
Sir — I have the honor to inform you that, since the
meeting of your body, I have made the following appoint-
ments, to wit: —
April 5th 1883 — Henry A. Newman to the office of
Commissioner of the Bureau of Labor Statistics and In-
spection, for a term ending on the first Wednesday in
February 1885.
July 2nd 1883 — Clarence L. Hoblitzelle to the office
of Recorder of voters for St. Louis for a term ending January
1st 1887.
February 4th 1884,— Henry H. Craig to the office of
Police Commissioner in Kansas City for a term ending
February 9th 1887.
January 2nd 1885, — George M. Shelly to* the office of
Police Commissioner in Kansas City, for a term ending
February 9th 1887.
July 2nd 1883, — Elisha H. Gregory (since resigned)
P. D. Yost (since deceased) and Henry F. Hereford as
members ol the State Board of Health, for a term ending
July 2nd 1887, and Wm. Conery, Geo. M. Cox, Geo. T.
Bartlett and Jos. C, Hearne as members of the State Board
of Health, for a term ending July 2nd 1885.
Sept. 1st 1883, — Albert Merrell as a member of the
State Board of Health (Vice Yost, dec'd) for a term end-
ing July 2nd 1887. .
In which appointments the concurrence of the Senate
is respectfully requested.
Very Respectfully,
THOS. T. CRITTENDEN.
To HON. R. A. CAMPBELL. President of the Senate.
476 MESSAGES AND PROCLAMATIONS OF
TO THE HOUSE OF REPRESENTATIVES
JANUARY 9, 1885
From the Journal of the House of Representatives, pp. 77-75
Sir — I have the honor to transmit herewith the 6th
annual report of the Bureau of Labor Statistics and In-
spection; the biennial report of the Adjutant-General for
the years 1883-1884; the biennial report of the Board of
Trustees of the Missouri School for the Blind; a copy of
the 14th biennial report of the Superintendent of the Mis-
souri School for the Blind, and the report of the Register of
lands of the State of Missouri, for the years 1883-1884.
Very respectfully,
THO. T. CRITTENDEN.
To HON. JNO. M. WOOD, Speaker House of Representatives.
TO THE HOUSE OF REPRESENTATIVES
JANUARY 9, 1885
From the Journal of the House of Representatives, p. 78
Sir — In compliance with section 8 of article 5 of the
Constitution of Missouri, I have the honor to transmit
herewith a list of the reprieves, commutations and pardons
granted by me since my report made to the 32rd General
Assembly.
These reprieves, commutations and pardons have been
granted upon the request of the officials engaged in the trial
of the cases, or upon the petition of reputable citizens,
conversant with the facts in the respective cases, and always
upon my own conviction, from the facts presented to me,
that executive clemency ought to be exercised.
Very respectfully,
THO. T. CRITTENDEN.
To HON. JNO. M. WOOD, Speaker House of Representatives.
GOVERNOR THOMAS THEODORE CRITTENDEN. 477
TO THE SENATE
JANUARY 9, 1885
From the Journal of Executive Business, p. 8S9
CITY OF JEFFERSON, January 9, 1885.
Sir — I have the honor to inform you that I have appoint-
ed A. \V. Rogers and John E. Ryland as Regents of Normal
School District No. 2. at Warrensburg.
Jno. S. Erwin and Joseph M. McKimm as Regents of
Normal School District No. 1 at Kirkville.
Geo. T. Bartlett and J. R. McKinney as Regents of
Normal School District No. 3 at Cape Girardeau, all for the
term of six years from the 1st day of January, 1885, in
which appointments the concurrence of the Senate is
respectfully requested.
Very Respectfully,
THOS. T. CRITTENBEN.
To HON. R. A. CAMPBELL, President of the Senate.
TO THE SENATE
JANUARY 10, 1885
From the Journal of Executive Business, p. 2J^S
EXECUTIVE DEPARTMENT, CITY OP JEFFERSON, January 10, 1885.
Sir — I have the honor to inform you that I have appoint-
ed Hon. D. C. Allen as Curator of the State University to
fill the unexpired term of James E. Lincoln, in which appoint-
ment the concurrence of the Senate is respectfully requested.
Very Respectfully.
THOS. T. CRITTENDEN.
To HON. R. A. CAMPBELL, President of the Senate.
478 MESSAGES AND PROCLAMATIONS OF
PROCLAMATIONS
OFFERING A REWARD
FEBRUARY 7, 1881
From, the Register of Civil Proceedings, 1879-1888, p. S07
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS — John Humphreys and John Wilson stand
charged by indictment with the murder of John W. Ander-
son on the 25th day of August 1875, in the county of Newton,
and have fled from justice and cannot be arrested by ordi-
nary process of law, Now THEREFORE I, Thomas T. Critten-
den, Governor of the State of Missouri, by virtue of authority
in me vested, and for good and sufficient reasons appearing,
do hereby offer a reward of One hundred and fifty dollars
each for the arrest and delivery of said John Humphreys
and John Wilson to the sheriff of said county of Newton,
at the county seat thereof, at any time within one year from
the date of these presents.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this 7th day of February A. D. 1881.
THOS T. CRITTENDEN.
By the Governor
MICH'L K. McGiuxH, Secretary of State.
GOVERNOR THOMAS THEODORE CRITTENDEN. 479
ON REMO VAL OF DISABILITIES
FEBBUABY 7, 1881
From the Register of Civil Proceedings, 1879-188$, p. $08
The State of Missouri, To all who shall see these presents —
Greeting:
WHEREAS John Felker was at the October term 1880
of the circuit court of Maries county convicted of selling
liquor on Sunday and thereby became disqualified to obtain
a license to keep a dram shop within this state.
Now THEREFORE I, Thomas T. Crittenden, governor
of the state of Missouri, by virtue of authority in me vested,
and for good and sufficient reasons appearing, do hereby
remove the disabilities imposed on the said John Felker
by reason of such conviction.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal
(Seal) of the state of Missouri. Pose at the City of
Jefferson this seventh day of February AD.
Eighteen hundred and Eighty-one.
THOS* T. CRITTENDEN.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
ON REMOVAL OF DISABILITIES
FEBRUARY 7, 1881
From the Register of Civil Proceedings, 1879-1888, p. S09
The State of Missouri, To all who shall see these presents —
Greeting:
WHEREAS Philip Gross was at divers times, between
the year eighteen hundred and sixty five and the first day
of January eighteen hundred and eighty one, by the circuit
480 MESSAGES AND PROCLAMATIONS OF
and criminal courts of Johnson county, convicted of viola-
tions of the dram shop law, and thereby became disqualified
to obtain a license to keep a dram shop within this state.
Now THEREFORE I, Thomas T. Crittenden Governor of
the State of Missouri, by virtue of authority in me vested,
and for good and sufficient reasons appearing, do hereby
remove the disabilities imposed on the said Philip Gross
by reason of such convictions.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this seventh day of February A. D.
Eighteen hundred and Eighty one.
THOS. T. CRITTENDEN.
By the Governor:
MIGH'L K. MCGRATH, Secretary of State.
OFFERING A REWARD
FEBRUARY 18, 1881
From the Register of Civil Proceedings, 1879-1882, p. 315
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS, \V. Carroll Massey stands charged by
affidavit with the murder of W. J. Tipton in the county
of Ripley on the 28th day of January, 1881, and has fled
from justice and cannot be arrested by ordinary process
of law.
Now THEREFORE I, Thos. T. Crittenden, Governor
of the state of Missouri, by virtue of authority in me vested
and for good and sufficient reasons appearing do hereby
offer a reward of Two hundred dollars for the arrest and
delivery of said W. Carroll Massey to the sheriff of Ripley
county at the county seat thereof at any time within six
months from the date of these presents.
GOVERNOR THOMAS THEODORE CRITTEN0EN. 481
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri. Done at the City of
Jefferson this 18th day of February A. D. 1881.
THOS. T. CRITTENDEN.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
ON REMOVAL OF DISABILITIES
FEBRUARY 18, 1881
From the Register of Civil Proceedings, 1879-1882, p. 31ft
The, State of Missouri, To all who shall see these presents —
Greeting:
WHEREAS John Wallace was heretofore convicted in
the circuit court of Washington county of selling liquor on
Sunday and thereby became disqualified to obtain a license
to keep a dram shop within this state.
Now THEREFORE I, Thomas T. Crittenden, Governor
of the State of Missouri, by virtue of authority in me vested,
and for good and sufficient appearing do hereby remove
the disabilities imposed on the said John Wallace by reason
of such conviction and declare the said Wallace, so far as
said conviction is concerned, is as fully entitled as ever he
was to be licensed to keep a dram shop.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this 18th day of February A. D.
eighteen hundred and eighty-one.
THOS. T.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
16
482 MESSAGES AND PROCLAMATIONS OF
OFFERING A REWARD
FEBRUARY 23, 1881
From the Register of Civil Proceedings, 1879-1888, p. S19
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS, E. W. Benham stands charged by affidavit
with the murder of William Clem in the county of Bates
on the third day of February 1881, and has fled from justice
and cannot be arrested by ordinary process of law.
Now THEREFORE I, Thomas T. Crittenden, governor
of the state of Missouri, by virtue of authority in me vested
and for good and sufficient reasons appearing do hereby
offer a reward of Two hundred dollars for the arrest and
delivery of said E. W. Benham to the sheriff of said county
of Bates at the county seat thereof at any time within one
year from the date of these presents.
In Testimony Whereof, I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri. Done at the City of
Jefferson this 23rd day of February A. D. 1881.
THOS. T. CRITTENDEN.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
ON REMOVAL OF DISABILITIES
MARCH 10, 1881
From the Register of Civil Proceedings, 1879-1882, p.
State of Missouri, To all who shall see these presents — Greeting:
WHEREAS William A. Harper was, heretofore, convicted
in the circuit court of Stoddard county and sentenced by
said court to imprisonment in the penitentiary of this state
for a term of two years for the crime of assault with intent
GOVERNOR THOMAS THEODORE CRITTENDEN. 483
to kill and thereby became disqualified to be sworn as a
witness or juror in any cause or to vote at any election or to
hold any office of honor, profit of trust within said state.
Now THEREFORE, I, Thomas T. Crittenden, Governor
of the State of Missouri, by virtue of authority in me vested,
and for good and sufficient reasons appearing, do hereby
remove the disabilities imposed on the said William A.
Harper by reason of such conviction.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this Tenth day of March AD. Eighteen
hundred and eighty one.
THOS. T. CRITTENDEN,
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
OFFERING A REWARD
MARCH 15, 1881
From the Register of Civil Proceedings, 1879-1882, p. S$4
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS, Mathew Bowman and Joseph Bowman
stand charged by indictment with the murder of John
Chandler in the county of Dent on August 1880 and have
fled from justice, and cannot be arrested by ordinary process
of law.
Now THEREFORE, I, Thomas T. Crittenden, Governor
of the State of Missouri, by virtue of authority in me vested,
and for good and sufficient reasons appearing do hereby
offer a reward of One hundred and fifty dollars each for the
arrest and delivery of said Mathew Bowman and Joseph
Bowman to the sheriff of said county of Dent at the county
seat thereof at any time within one year from the date of
these presents.
484 MESSAGES AND PROCLAMATIONS OF
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this 15th day of March A. D. 1881.
THOS. T. CRITTENDEN.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
OFFERING A REWARD
APRIL 14, 1881
From the Register of Civil Proceedings, 1879-1882, p. $47
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS Matt Evans stands charged by affidavit
with the murder of one Brooks in the county of McDonald
on the fourth day of April 1881, and has fled from justice
and cannot be arrested by ordinary process of law,
Now THEREFORE I, Thomas T. Crittenden, Governor
of the State of Missouri, by virtue of authority in me vested
and for good and sufficient reasons appearing do hereby
offer a reward of Two hundred dollars for the arrest and
delivery of said Matt Evans to the sheriff of said county of
McDonald at Pineville the county seat thereof at any time
within one year from the date of these presents.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this 14th day of April AD. 1881.
THO. T. CRITTENDEN
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
GOVERNOR THOMAS THEODORE CRITTENDEN. 485
OFFERING A REWARD
APRIL 23, 1881
From the Register of Civil Proceedings, 1879-1882, p. So 4
STATE OP MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS W. T. Hoffman stands charged by affidavit
with the crime of felonious assault in the county of Stoddard
and has fled from justice and cannot be arrested by ordinary
process of law,
Now THEREFORE, I, Thomas T. Crittenden, governor
of the state of Missouri by virtue of authority in me vested
and for good and sufficient reasons appearing do hereby
offer a reward of one hundred and fifty dollars for the arrest
and delivery of said W. T. Hoffman to the sheriff of said
county of Stoddard at the county seat thereof at any time
within one year from the date of these presents.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this 23rd day of April, A. D. 1881.
THO. T. CRITTENDEN.
By the Governor:
MICH'L K. McGRATH, Secretary of State.
ON REMO VAL OF DISABILITIES
MAY 5, 1881
From the Register of Civil Proceedings, 1879-188%, p. §59
The State of Missouri, To all who shall see these presents —
Greeting:
WHEREAS F. C. Nitsche was at the October term 1880
of the circuit court of Shelby county convicted of selling
liquor without license, and thereby became disqualified to
obtain a license to keep a dram shop within this state.
486 MESSAGES AND PROCLAMATIONS OF
Now THEREFORE I, Thomas T. Crittenden, Governor
of the State of Missouri, by virtue of authority in me vested
and for good and sufficient reasons appearing do hereby
remove disabilities imposed on the said F. C. Nitsche by
reason of such conviction.
In Testimony Whereof I have herunto set my hand
and caused to be affixed the great seal of the
(Seal) State of Missouri. Done at the City of Jefferson
this fifth day of May A. D. 1881.
THO. T. CRITTENDEN.
By the Governor:
MICH'L K. McGRATH, Secretary of State.
OFFERING A REWARD
MAY 5, 1881
From the Register of Civil Proceedings, 1879-1888, p. 360
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS Valentine alias Volley Walker stands charged
by affidavit with the murder of James Williams in the county
of St. Louis on the 25th day of April 1881, and has fled from
justice and cannot be arrested by ordinary process of law.
Now THEREFORE I, Thomas T. Crittenden, governor
of the state of Missouri by virtue of authority in me vested
and for good and sufficient reasons appearing do hereby
offer a reward of Two Hundred dollars for the arrest and
delivery of said Valentine alias Volley Walker to the sheriff
of said county of St. Louis at the county seat thereof at any
time within one year from the date of these presents.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the Great Seal
(Seal) of the State of Missouri. Done at the City
of Jefferson this 5th day of May A. D. 1881.
THO. T. CRITTENDEN.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
GOVERNOR THOMAS THEODORE CRITTENDEN, 487
MAKING KNOWN THE SENATORIAL DISTRICTS
MAY 9, 1881
From the Register of Civil Proceedings, 1879-1882, -pp. S62-S64
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS the Thirty-first General Assembly of the
state of Missouri, which met on the 5th day of January AD.
1881, this being the first session of the general assembly
after the decennial census of the United States for 1880,
adjourned without having revised and adjusted the ap-
portionment of the state for senators and into senatorial
districts as required by the constitution of this state: And
it is provided that if at any time or from any cause the said
general assembly fail or refuse to district the state as afore-
said, the Governor, secretary of state and attorney general
shall as required by the constitution and in the manner
and within the time prescribed in section seven, article four
thereof perform said duty and — Whereas the governor,
secretary of state and attorney general met within the time
specified in said section and performed said duty of dis-
tricting the state for Senators and into senatorial districts
and have as required by said section filed in the office of
the secretary of state a full statement of the district formed
by them including the names of the counties embraced in
each and the numbers thereof.
Now THEREFORE I — Thomas T. Crittenden, Governor
of the State of Missouri hereby Proclaim and Make Known —
the senatorial districts of this state their numbers and the
counties embraced therein so apportioned, districted,
numbered and certified as aforesaid to be as follows:
The First (Senatorial) district shall be composed of the
counties of Atchison, Holt and Nodaway
The Second district — the counties of Buchanan and
Andrew
The Third district — the counties of Clay, Clinton and
Platte
488 MESSAGES AND PROCLAMATIONS OF
The Fourth district — the counties of Daviess, DeKalb,
Gentry, Harrison and Worth
The Fifth district — the counties of Livingston, Grundy,
Mercer and Putnam
The Sixth district — the counties of Chariton, Linn and
Sullivan
The Seventh district — the counties of Randolph, Macon,
Adair and Schuyler
The Eighth district — the counties of Carroll, Caldwell,
and Ray
The Ninth district — the counties of Boone and Howard
The Tenth district — the counties of Callaway, Mont-
gomery, Warren and St. Charles
The Eleventh district — the counties of Audrain, Pike
and Lincoln
The Twelfth district — the counties of Clark, Knox,
Lewis and Scotland
The Thirteenth district — the counties of Marion,
Monroe, Rails and Shelby.
The Fourteenth district — the counties of Cole, Cooper,
Maries, Miller, Moniteau and Morgan
The Fifteenth district — the counties of Saline, Pettis,
Benton and Camden.
The Sixteenth district — the counties of Bates, Cass
and Henry
The Seventeenth district — the counties of Lafayette
and Johnson
The Eighteenth district — the counties of Newton,
McDonald, Lawrence, Barry and Stone
The Nineteenth district — the counties of Greene,
Webster, Christian, Douglas, Ozark and Taney
The Twentieth district — the counties of Dade, Dallas,
Cedar, Polk, Hickory and St. Glair.
The Twenty first district — the counties of Franklin,
Crawford, Gasconade and Osage
The Twenty second district — the counties Phelps,
Pulaski, Laclede, Dent, Shannon, Howell, Texas and Wright
GOVERNOR THOMAS THEODORE CRITTENDEN. 489
The Twenty third district — the counties of Scott,
Stoddard, Mississippi, New Madrid, Dunklin and Pemiscot
The Twenty fourth district — the counties of Iron,
Madison, Butler, Carter, Oregon, Reynolds, Ripley and
Wayne
The Twenty fifth district — the counties of Jefferson,
St. Louis and Washington.
The Twenty sixth district — the counties of Cape Girar-
deau, Ste. Genevieve, St. Francois, Bollinger and Perry
The Twenty seventh district — the county of Jackson
The Twenty eighth district — the counties of Vernon,
Barton and Jasper and the Twenty-ninth district, the
Thirtieth district, the Thirty-first district — the Thirty second
district the Thirty third district — and the Thirty fourth
district — the City of Saint Louis to be subdivided as required
by sec. 6, art. IV of the Constitution.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the Great Seal
(Seal) of the State of Missouri. Done at the City of
Jefferson this ninth day of May A. D. 1881.
THO. T. CRITTENOEN.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
ON REMO VAL OF DISABILITIES
MAT 26, 1881
From the Register of Civil Proceedings, 1879-1888, p. 37%
The State of Missouri, To all who shall see these presents —
Greeting:
WHEREAS Peter Jerman was at the December term
1880, of the circuit court of Henry county convicted of
selling liquor without license and thereby became dis-
qualified to obtain a license to keep a dram shop within
this state.
490 MESSAGES AND PROCLAMATIONS OF
Now THEREFORE I, Thomas T. Crittenden, governor
of the state of Missouri, by virtue of authority in me vested
and for good and sufficient reasons appearing do hereby
remove the disabilities imposed on the said Peter Jerman
by reason of such conviction.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal
(Seal) of the State of Missouri. Done at the City
of Jefferson this 26th day of May AD. 1881.
THO. T. CRITTENDEN.
By the Governor:
MICH'L K. McGnATH, Secretary of State.
OFFERING A REWARD
JUNE 13, 1881
From the Register of Civil Proceedings, 1879-1882, p. 378
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS James Sherfield is charged with having com-
mitted the crime of murder in the county of Mississippi on
the second day of June 1881, and has fled from justice and
cannot be arrested by ordinary process of law.
Now THEREFORE, I, Thomas T. Crittenden, governor
of the state of Missouri, by virtue of authority in me vested
and for good and sufficient reasons appearing do hereby
offer a reward of Two Hundred dollars for the arrest and
delivery of said James Sherfield to the sheriff of said county
of Mississippi at the county seat thereof at any time within
one year from the date of thfese presents.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal
(Seal) of the State of Missouri. Done at the City
of Jefferson this 13th day of June A. D. 1881.
THO. T. CRITTENDEN.
By the Governor:
MICH'L K. MCGRATH, Secretary of State,
GOVERNOR THOMAS THEODORE CRITTENDEN, 491
SUSPENDING AN EXECUTION
JUNE 24, 1881
From the Register of Civil Proceedings, 1879-1882, p. 384
To all who shall see these presents — Greeting:
Know ye that by virtue of authority in me vested by
law, and for good and sufficient reasons appearing I, Thomas
T. Crittenden, governor of the state of Missouri, do hereby
suspend the sentence and execution of Charles E. Talbott
and Albert P. Talbott, until Friday the twenty-second day
of July eighteen hundred and eighty one, who were — by the
judgment of the circuit court of Nodaway county at its
November eighteen hundred and eighty adjourned term
held in January eighteen hundred and eighty one sentenced
to be hanged.
And you the sheriff of said Nodaway County are hereby
directed and commanded to carry out and execute the said
judgment and sentence of said circuit court upon the said
Charles E. Talbott and Albert P. Talbott on the said twenty
second day of July Eighteen hundred and Eighty one in
manner and form as therein set forth in every and all re-
spects as you would and should have done if this suspension
had not been made and this extension of time given.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal
(Seal) of the State of Missouri. Done at the City
of Jefferson this 24th day of June AD. 1881.
THOS. T. CRITTENDEN.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
492 MESSAGES AND PROCLAMATIONS OF
OFFERING A REWARD
JUNE 25, 1881
From the Register of Civil Proceedings, 1879-1882, p. 385
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS Taylor Underwood is charged with the
murder of J. D. McEIrath in the county of Dade on the
20th day of June 1881, and has fled from justice and cannot
be arrested by ordinary process of law Now THEREFORE I,
Thomas T. Crittenden, governor of the state of Missouri,
by virtue of authority in me vested and for good and suffi-
cient reasons appearing, do hereby offer a reward of Two
hundred dollars for the arrest ond delivery of said Taylor
Underwood to the sheriff of said county of Dade at the
county seat thereof at any time within one year from the
date of these presents.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal
(Seal) of the state of Missouri. Done at the city of
Jefferson this 25th day of June A. D. 1881.
THO. T. CRITTENDEN.
By the Governor:
MICH'L K. McGRATH, Secretary of State.
OFFERING A REWARD
JULY 2, 1881
From the Register of Civil Proceedings, 1879-1882, p. 892
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS John McSorley stands charged by indict-
ment with the crime of burglary and larceny in the cou(nty
of Cole and has fled from justice and cannot be arrested
by ordinary process of law:
GOVERNOR THOMAS THEODORE CRITTENDEN, 491
SUSPENDING AN EXECUTION
JUNE 24, 1881
From the Register of Civil Proceedings, 1879-1882, p. 384
To all who shall see these presents — Greeting:
Know ye that by virtue of authority in me vested by
law, and for good and sufficient reasons appearing I, Thomas
T. Crittenden, governor of the state of Missouri, do hereby
suspend the sentence and execution of Charles E. Talbott
and Albert P. Talbott, until Friday the twenty-second day
of July eighteen hundred and eighty one, who were — by the
judgment of the circuit court of Nodaway county at its
November eighteen hundred and eighty adjourned term
held in January eighteen hundred and eighty one sentenced
to be hanged.
And you the sheriff of said Nodaway County are hereby
directed and commanded to carry out and execute the said
judgment and sentence of said circuit court upon the said
Charles E. Talbott and Albert P. Talbott on the said twenty
second day of July Eighteen hundred and Eighty one in
manner and form as therein set forth in every and all re-
spects as you would and should have done if this suspension
had not been made and this extension of time given.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal
(Seal) of the State of Missouri. Done at the City
of Jefferson this 24th day of June AD. 1881.
THOS. T. CRITTENDEN.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
494 MESSAGES AND PROCLAMATIONS OF
OFFERING A REWARD
JULY 22, 1881
From the Register of Civil Proceedings, 1879-1882, -p. 401
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS Emmet Jones is charged with the murder of
Antoine Valle in the City of St. Louis on the 16th day of
July 1881, and has fled from justice and cannot be arrested
by ordinary process of law. Now THEREFORE, I, Thomas T.
Crittenden, governor of the state of Missouri by virtue of
authority in me vested and for good and sufficient reasons
appearing do hereby offer a reward of One hundred dollars
for the arrest of said Emmet Jones and his delivery to the
sheriff of said city at any time within one year from the
date of these presents.
In Testimony Whereof — I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri. Done at the City of
Jefferson this 22ixd day of July AD. 1881.
By the Governor: THO. T. CRITTENDEN.
MICH'L K. McGRATH, Secretary of State.
OFFERING A REWARD
JULY 28, 1881
From the Register of Civil Proceedings, 1879-1882, pp. 404-405
STATE OF MISSOURI, EXECUTIVE DEPABTMENT.
WHEREAS it has been made known to me as the governor
of the State of Missouri, that certain parties, whose names
are to me unknown, have confederated and banded them-
selves together for the purpose of committing robberies
and other depredations within this state; and
GOVERNOR THOMAS THEODORE CRITTENDEN. 495
WHEREAS said parties did on or about the Eighth day
of October 1879, stop a train near Glendale in the county
of Jackson in said state and with force and violence take,
steal and carry away the money and other express matter
being carried thereon, and
WHEREAS, on the 15th day of July 1881, said parties
and their confederates did stop a train upon the line of the
Chicago Rock Island and Pacific Railway Company, near
Winston in the county of Daviess in said state, and with
force and violence take, steal and carry away the money
and other express matter being carried thereon: and
WHEREAS — in perpetration of the robbery last afore-
said, the parties engaged therein did kill and murder one
William Westfall the conductor of the train aforesaid,
together with one John McCulloch who was at the time
in the employ of said company then on said train: and
WHEREAS — Frank James and Jesse W. James stand
indicted in the circuit court of Daviess county in the state
aforesaid for the murder of John W. Sheets: and
WHEREAS — the parties engaged in the robberies and ,
murders aforesaid, and each of them, have fled from
justice and have absconded and secreted themselves:
Now THEREFORE, in consideration of the premises,
and in lieu of all other rewards heretofore offered for the
arrest or conviction of the parties aforesaid or either of
them by any person or corporation I, Thomas T. Crittenden,
governor of the state of Missouri do hereby offer a reward
of Five thousand dollars ($5000.00) for the arrest and con-
viction of each person participating in either of the robberies
or murders aforesaid, excepting the said Frank James and
Jesse W. James; and for the arrest and delivery of said Frank
James and Jesse W. James, and each or either of them to
the sheriff of said Daviess county I hereby offer a reward of
Five Thousand dollars ($5000.) and for the ccnviction of
either of the parties last aforesaid of participation in either
of the murders or robberies above mentioned, I hereby offer
a further reward of Five Thousand Dollars ($5000).
496 MESSAGES AND PROCLAMATIONS OF
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
the State of Missouri. Done at the City of
Jefferson this twenty eight day of July A. D.
188L
THO. T. CRITTENDEN.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
OFFERING A REWARD
JULY 29, 1881
From the Register of Civil Proceedings, 1879-188%, p. 406
STATE OP MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS Charles Moore stands charged by indictment
in the county of Cass in the state of Missouri, with the
murder of James W. Donovan which indictment is now
pending in the county of Johnson in said state by reason of
change of venue: And WHEREAS the said Charles Moore
did on the 25th day of July 1881, break jail and escape from
the county jail of Pettis county at Sedalia in said state,
where he had been confined for safe keeping, and has fled
from justice and cannot be arrested by ordinary process of
law Now THEREFORE I, Thomas T. Crittenden, governor
of the state of Missouri, by virtue of authority in me vested,
and for good and sufficient reasons appearing do hereby
offer a reward of One hundred and fifty dollars for the arrest
of said Charles Moore and his delivery to the sheriff of said
county of Johnson, at the county seat thereof at any time
within one year from the date of these presents.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri. Done at the City of
Jefferson this 29th day of July AD. 1881.
THO. T. CRITTENDEN,
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
GOVERNOR THOMAS THEODORE CRITTEN0EN. 497
OFFERING A REWARD
AUGUST 19, 1881
From the Register of Civil Proceedings, 1879-1882, p. 417
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS George Bohannon is charged with the murder
of William Light in the county of Phelps on August 15th
1881 and has fled from justice and cannot be arrested by
ordinary process of law,
Now THEREFORE I, Thomas T. Crittenden governor of
the state of Missouri, by virtue of authority in me vested
and for good and sufficient reasons appearing do hereby
offer a reward of one hundred and fifty dollars for the arrest
and delivery of said George Bohannon to the sheriff of said
county of Phelps at the county seat thereof at any time
within one year from the date of these presents.
In Testimony Whereof I have hereunto set my
' hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this 19th day of August A. D. 1881.
THO. T. CRITTENDEN.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
OFFERING A REWARD
AUGUST 30, 1881
From the Register of Civil Proceedings, 1879-188&1 p.
STATE or MISSOURI, EXECUTIVE DEPAKTMENT.
WHEREAS it has been made known to me that on the
25th day of August 1881, a band of armed robbers whose
names to me are all unknown attacked and robbed the
passengers in an omnibus between Lexington Lafayette
498 MESSAGES AND PROCLAMATIONS OF
county Missouri and the Richmond and Lexington junction
in Ray county Missouri, and WHEREAS the said robbers have
fled from justice and cannot be arrested by ordinary criminal
process.
Now THEREFORE I, Thomas T. Crittenden, Governor
of the State of Missouri, by virtue of authority in me vested
and for good and sufficient reasons appearing do hereby
offer a reward of One hundred dollars for the apprehension
and conviction of each of the persons engaged in said robbery,
said persons to be delivered to the sheriff of said county of
Ray at the county seat thereof at any time within one year
from the date of these presents.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
the state of Missouri. Done at the City of
Jefferson this Thirtieth day of August AD.
1881.
THO. T. CRITTENDEN.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
OFFERING A REWARD
SEPTEMBER 20, 1881
From the Register of Civil Proceedings, 1879-1882, p. 4$0
STATE or MISSOUHI, EXECUTIVE DEPARTMENT.
WHEREAS Asa Hooten stands charged by indictment
with the murder of George Wright in the county of Chariton
on the sixth day of August 1881, and has fled from justice
and cannot be arrested by ordinary process of law.
Now THEREFORE I, Thomas T. Crittenden governor
of the state of Missouri by virtue of authority in me vested
and for good and sufficient reasons appearing do hereby
offer a reward of One hundred and fifty dollars for the arrest
and delivery of said Asa Hooten to the sheriff of said county
GOVERNOR THOMAS THEODORE CRITTENDEN. 499
of Chariton at the county seat thereof at any time within
one year from the date of these presents.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal
of the State of Missouri. Done at the City of
Jefferson this 20th day of September A. D.
1881.
THO. T. CRITTENDEN.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
ON MEMORIAL SER VICES FOR PRESIDENT
GARFIELD.
SEPTEMBER 21, 1881
From the Register of Civil Proceedings, 1879-188$, p. 482
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
In view of the terrible affliction which in the providence
of God has fallen upon the nation in the death of James A.
Garfield, president of the United States, it is proper that
we as a Christian people should acknowledge our dependence
upon God and implore the divine blessing upon our country
Therefore I, Thomas T. Crittenden, governor of the
state of Missouri do hereby set apart Monday September
26th 1881, as a day of humiliation and prayer and I request
that the people abstain from their accustomed vocations
on that day and that all public offices and private business
houses be closed and that the people assemble at their usual
places of worship, at the hour of two o'clock P. M. of that
day, that being the hour announced for the sepulture of
the late president, and unite in memorial services and in
devout prayer to Almighty God to deliver the nation from
the consummation of the plans of the wicked, and save it
from a repetition of the attrocious crime which a second
time in our country's history has stricken down the chief
500 MESSAGES AND PROCLAMATIONS OF
magistrate, filled the hearts of the people, with sorrow and
excited the horror of the civilized world.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this 21st day of September AD 1881.
THO. T. CRITTENDEN.
By the Governor:
MIGH'L K. MCGRATH, Secretary of State.
OFFERING A REWARD
SEPTEMBER 24, 1881
From the Register of Civil Proceedings, 1879-1888> p. 484
STATE OF MISSOURI, EXECUTIVE DEPAETMENT.
WHEREAS it has been made known to me that on the
4th day of September 1881, in the county of Cole, Dr
Montezuma Hemstreet was murdered on the highway by
persons to me unknown, And WHEREAS said persons have
fled from justice and cannot be arrested by ordinary process
of law
Now THEREFORE, I, Thomas T. Crittenden, governor
of the state of Missouri by virtue of authority in me vested
and for good and sufficient reasons appearing do hereby
offer a reward of one hundred dollars for the arrest and
delivery of said persons to the sheriff of Cole county at
Jefferson City, at any time within one year from the date
of these presents, and a further reward of fifty dollars
payable when said persons are convicted,
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
the state of Missouri. Done at the City of
Jefferson this 24th day of September AD 1881.
THO. T. CRITTENDEN.
By the Governor:
MICH'L K. McGjuTH, Secretary of State.
GOVERNOR THOMAS THEODORE CRITTENDEN. 501
OFFERING A REWARD
OCTOBER 10, 1881
From the Register of Civil Proceedings, 1879-1882, p. 439
STATE OP MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS, Lewis Minick stands charged by indictment
with the murder of James Maupin in the county of Chariton,
and has fled from justice and cannot be arrested by ordinary
process of law.
Now THEREFORE I, Thomas T. Crittenden, governor
of the state of Missouri, by virtue of authority in me vested
and for good and sufficient reasons appearing do hereby
offer a reward of One Hundred and fifty dollars for the
arrest and delivery of said Minick to the sheriff of Chariton
county at the county seat thereof at any time within one
year from the date of these presents.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal
(Seal) of the State of Missouri Done at the City of
Jefferson this 10th day of October A. D. 1881.
THO. T. CRITTENDEN.
By the Governor:
MICH'L K. McGRATH, Secretary of State.
OFFERING A REWARD
OCTOBER 15, 1881
From the Register of Civil Proceedings, 1879-188%, p. 448
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS it has been made known to me that James C.
Atkinson and Appleton Atkinson, convicted of murder in
the county of Pemiscot have escaped from the jail of said
502 MESSAGES AND PROCLAMATIONS OF
county and have fled from justice and cannot be arrested
by ordinary process of law
Now THEREFORE I, Thomas T. Crittenden, Gover-
nor of the State of Missouri, by virtue of authority
in me vested and for good and sufficient reasons appearing
do hereby offer a reward of One hundred dollars each for the
arrest and delivery of said James C. Atkinson and Appleton
Atkinson to the sheriff of said county of Pemiscot, at Gayoso
the county seat thereof, at any time within one year from
the date of these presents.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri Done at the City of
Jefferson this 15th day of October AD. 1881.
THO. T. CRITTENDEN.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
ON THANKSGIVING
NOVEMBER 9, 1881
From the Register of Civil Proceedings, 1879-1882, p. 454
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS, in obedience to a time honored custom of
the American people, the President of the United States
has named a day when all the people shall abstain from
secular pursuits and return their thanks and praise to the
Allwise source of every good for the mercy which has pro-
tected and the bounty which has sustained us during the
past year.
Now THEREFORE I, Thomas T. Crittenden, governor
of the state of Missouri, do hereby set apart Thursday
November 24th 1881, as a day of Thanksgiving and prayer,
and I recommend that all public offices be closed and that
the people abstain from their accustomed vocations on
that day, and assemble at their usual places of worship
GOVERNOR THOMAS THEODORE CRITTENDEN. 503
and engage in such devotional and thanksgiving services
as to them may seem appropriate and invoke a continuance
of that Infinite Goodness and mercy which has so signally
guided and blessed us in time past.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the Great Seal
of the state of Missouri. Done at the City
of Jefferson this ninth day of November A. D.
1881.
THO. T. CRITTENDEN.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
OFFERING A REWARD
NOVEMBEE 21, 1881
From the Register of Civil Proceedings, 1879-1882, p. 460
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS, it has been made known to me that James R.
Finney was on the 22nd day of October 1881, in the county
of Buchanan, assassinated by some person or persons to
me unknown, and that they have fled from justice and can-
not be arrested by ordinary process of law:
Now THEREFORE, I, Thomas T. Crittenden, governor
of the state of Missouri, by virtue of authority in me vested,
and for good and sufficient reasons appearing do hereby
offer a reward of One Hundred and fifty dollars for the arrest
of said person or persons and their delivery to the sheriff
of Buchanan county at any time within one year from the
date of these presents.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal
(Seal) of the State of Missouri — Done at the City of
Jefferson this 21st day of November AD. 1881.
THOMAS T. CRITTENDEN.
By the Governor:
MICH'L K. McGRATH, Secretary of State.
504 MESSAGES AND PROCLAMATIONS OF
ON REMOVAL OF DISA BILITIES
DECEMBER 17, 1881
From the Register of Civil Proceedings, 1879-188$, p. 4?4
The State of Missouri, To all who shall see these presents —
Greeting:
WHEREAS Thomas M. Stark was, at the April term
eighteen hundred and eighty of the circuit court of Bates
county, sentenced to imprisonment in the penitentiary of
this state for the term of two years for the crime of felonious
assault, and thereby became disqualified to be sworn as a
witness or juror in any cause or to vote at any election or
to hold any office of honor profit or trust within this state.
Now THEREFORE — I, Thomas T. Crittenden, governor of
the state of Missouri, by virtue of authority in me vested
by law and for good and sufficient reasons appearing, do
hereby remove the aforesaid disabilities imposed on the
said Thomas M. Stark by reason of such conviction.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the Great Seal
(Seal) of the state of Missouri Done at the City of
Jefferson this seventeenth day of December A.
D. Eighteen hundred and eighty one.
THO. T. CRITTENDEN.
By the Governor
MICH'L K. MCGRATH, Secretary of State.
ON DECLARING CERTAIN COMMISSIONS
VACATED
JANUARY 6, 1882
From the Register of Civil Proceedings, 1879-188%, p. 483
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
By virtue of authority in me vested I, Thomas T.
Crittenden, Governor of the State of Missouri, hereby
GOVERNOR THOMAS THEODORE CRITTENDEN. 505
declare vacated, from and after the First day of February
eighteen hundred and eighty two the commissions hereto-
fore issued to William M. Thomas of the City and State of
New York and James H. Frush of Muttnomah county,
State of Oregon as commissioners of deeds for the State of
Missouri, they having failed to duly qualify as such com-
missioners as required by section 641 of the revised statutes
of the State of Missouri of 1879.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri Done at the City of
Jefferson this sixth day of January AD. eighteen
hundred and eighty two.
THOS. T. CRITTENDEN.
By the Governor
MICH'L D. McGRATH, Secretary of State.
REMOVAL OF DISABILITIES
JANUARY 17, 1882
From the Register of Civil Proceedings, 1879-1882, p. 490
The State of Missouri, To all who shall see these presents —
Greeting:
WHEREAS Charles Flowers was at the April term 1878
of the circuit court of Polk county, convicted of grand
larceny and sentenced by said court to imprisonment in the
penitentiary of this state for a term of two years, and thereby
became disqualified to be sworn as a witness or juror in any
cause or to vote at any election or to hold office of honor,
profit or trust within said state — Now THEREFORE, I,
Thomas T. Crittenden, Governor of the State of Missoiri,
by virtue of authority in me vested and for good and suffi-
cient reasons appearing, do hereby remove the disabilities
imposed on the said Charles Flowers by reason of such
conviction
506 MESSAGES AND PROCLAMATIONS OF
In Testimony Whereof, I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri Done at the City of
Jefferson this seventeenth day of January AD
1882.
THO. T. CRITTENDEN.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
ON REMOVAL OF DISABILITIES
FEBEUAKT 25, 1882
From the Register of Civil Proceedings, 1879-1888, p. 513
The State of Missouri, To all who shall see these presents,
Greeting:
Know ye that WHEREAS Alfred Hertz was, by the
judgment of the criminal court of Jackson county at its
February term 1880, sentenced to imprisonment in the
penitentiary of this state for the term of two years for the
crime of embezzlement; and was discharged from his said
imprisonment on the 9th day of September 1881,
Now THEREFORE I, Thomas T. Crittenden, Governor
of the State of Missouri, by virtue and authority of law and
for good and sufficient reasons appearing do hereby remove
all disabilities imposed upon the said Alfred Hertz by reason
of the aforesaid conviction.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
the State of Missouri Done at the City of
Jefferson this 25th day of February in the year
of our Lord One thousand Eight hundred and
Eighty-two, of the independence of the United
States the 106th and of the State of Missouri
the sixth second.
THO. T. CRITTENDEN.
By the Governor:
MIGH'L K. MCGRATH, Secretary of State.
GOVERNOR THOMAS THEODORE CRITTENDEN. 507
OFFERING A REWARD
FEBRUARY 28, 1882
From the Register of Civil Proceedings, 1879-1882, p. 515
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS A. R. Moore, stands charged by affidavit
with the crime of grand larceny in the county of Bates, and
has fled from justice and cannot be arrested by ordinary
process of law.
Now THEREFORE, I, Thomas T. Crittenden, Governor
of the State of Missouri, by virtue of authority in me vested
and for good and sufficient reasons appearing do hereby
offer a reward of One hundred dollars for the arrest, con-
viction and delivery of said A. R. Moore to the sheriff of
said county of Bates, at the county seat thereof at any time
within one year from the date of these presents.
In Testimony "Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri. Done at the City of
Jefferson this 28th day of February A. D. 1882.
THO. T. CRITTENDEN.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
OFFERING A REWARD
MARCH 1, 1882
From the Register of Civil Proceedings, 1879-188$, p. 516
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS, Campbell Engle stands charged by indict-
ment with the murder of Edward G. Godsey in the county
of Nodaway and has fled from justice and cannot be arrested
by ordinary process of law.
508 MESSAGES AND PROCLAMATIONS OF
Now THEREFORE, I, Thomas T. Crittenden, Governor
of the State of Missouri* by virtue of authority in me vested
and for good and sufficient reasons appearing do hereby
offer a reward of Two Hundred dollars for the arrest and
delivery of said Campbell Engle to the sheriff of said county
of Nodaway, at the county seat thereof at any time within
one year from the date of these presents
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the Great Seal
(Seal) of the state of Missouri. Done at the City
of Jefferson this first day of March AD 1882.
THO. T. CRITTENDEN.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
ON REMOVAL OF DISABILITIES
MARCH 1, 1882
From the Register of Civil Proceedings, 1879-1882, p. 517
The State of Missouri, To all who shall see these presents —
Greeting:
Know ye that- — WHEREAS James C. Byers was by the
judgment of the circuit court of Franklin county at its May
term 1874, sentenced to imprisonment in the county jail
of said Franklin county for a term of ten days for the crime
of petit larceny, and was discharged from his said imprison-
ment on the thirty first day of May eighteen hundred and
seventy four,
Now THEREFORE I, Thomas T. Crittenden, governor of
the State of Missouri, by virtue and authority of law,' and
for good and sufficient reasons appearing, do hereby remove
all disabilities imposed upon the said James C. Byers by
reason of the conviction aforesaid.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
GOVERNOR THOMAS THEODORE CRITTENDEN. 509
the State of Missouri — Done at the City of
(Seal) Jefferson this first day of March in the year of
Our Lord one thousand eight hundred and
Eighty-two, of the Independence of the United
States the One hundred and sixth and of the
State of Missouri the sixty second.
THO. T. CRITTENDEN.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
CALLING A SPECIAL SESSION OF THE GENERAL
ASSEMBLY
MARCH 27, 1882
From the Register of Civil Proceedings, 1879-1888, p. 535
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
By virtue of authority in me vested by the constitution
of the state of Missouri, I, Thomas T. Crittenden, governor
of the state of Missouri, do hereby convene the Thirty first
General Assembly of the state of Missouri in special session,
and I do hereby call upon the Senators and Representatives
of the general assembly aforesaid to meet in their respective
places in the Capitol in the City of Jefferson at the hour of
2 o'clock p. m., on Wednesday the nineteenth day of April
A. D. 1882 for the following purposes:
To apportion the state into fourteen Congressional
districts and provide for the election of representatives
therein.
To make appropriation for the expenses of this special
session of the General Assembly.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this 27th day of March AD. 1882.
THO. T. CRITTENDEN.
By the Governor:
MICH'L K. McGRATH, Secretary of State.
510 MESSAGES AND PROCLAMATIONS OF
OFFERING A REWARD
MARCH 30, 1882
From the Register of Civil Proceedings, 1879-1882, p. 538
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS, William G. Fox stands charged by indict-
ment with the murder of Charles Johns in the county of
Stoddard, and has fled from justice and cannot be arrested
by ordinary process of law
Now THEREFORE, I, Thomas T. Crittenden, governor
of the State of Missouri, by virtue of authority in me vested
and for good and sufficient reasons appearing do hereby
offer a reward of Two Hundred Dollars for the arrest and
delivery of said William G. Fox to the sheriff of said county
of Stoddard at the county seat thereof at any time within
one year from the date of these presents.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this 30th day of March AD. 1882
THO. T. CRITTENDEN.
By the Governor:
MIGH'L K. MCGRATH, Secretary of State.
OFFERING A REWARD
APRIL 1, 1882
From the Register of Civil Proceedings, 1879-1882, p. 540
STATE OF MISSOUBI, EXECUTIVE DEPARTMENT.
WHEREAS Hugh McMahan stands charged by indict-
ment with the murder of James Barker in the county of
Stoddard, and has fled from justice and cannot be arrested
by ordinary process of law,
GOVERNOR THOMAS THEODORE CRITTENDEN. 511
Now THEREFORE, I Thomas T. Crittenden, governor
of the state of Missouri by virtue of authority in me vested
and for good and sufficient reasons appearing do hereby
offer a reward of One hundred and fifty dollars for the arrest
and delivery of said Hugh McMahan to the sheriff of said
county of Stoddard at the county seat thereof at any time
within one year from the date of these presents.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri Done at the City of
Jefferson this 1st day of April A. D. 1882.
THO. T. CRITTENDEN.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
ON REMOVAL OF DISABILITIES
APRIL 7, 1882
From the Register of Civil Proceedings, 1879-1882, p. &4$
The State of Missouri, To all who shall see these presents —
Greeting:
Know ye that WHEREAS Joseph D. Keebaugh was at
the April term AD 1877 of the Howard county circuit court
convicted of forgery and sentenced to the penitentiary of
this state and thereby became disqualified to be sworn as a
witness or juror in any cause, or to vote at any election or
to hold any office of honor, profit or trust within said state
and the said Joseph D. Keebaugh having been discharged
from his said imprisonment.
Now THEREFORE I, Thomas T, Crittenden, governor
of the state of Missouri, by virtue of authority in me vested
by law and for good and sufficient reasons appearing do
hereby remove the disabilities imposed upon the said Joseph
D. Keebaugh by reason of such conviction and judgment.
512 MESSAGES AND PROCLAMATIONS OF
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the Great Seal
of the state of Missouri. Done at the City of
(Seal) Jefferson this seventh day of April in the year
of Our Lord One thousand eight hundred and
Eighty two, of the independence of the United
States the One hundred and sixth, and of the
State of Missouri the sixty second
THOS. T. CRITTENDEN.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
OFFERING A REWARD
JUNE 30, 1882
From the Register of Ciril Proceedings, 1879-1882, pp. 584-585
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS George W. Birdsong stands charged by
indictment with the crime of rape in the county of Moniteau
and has fled from justice and cannot be arrested by ordinary
process of law. Now THEREFORE I, Thomas T. Crittenden,
Governor of the State of Missouri, by virtue of authority
in me vested and for good and sufficient reasons appearing,
do hereby offer a reward of two hundred and fifty dollars
for the arrest and delivery of said George W. Birdsong to
the sheriff of said county of Moniteau at the county seat
thereof at any time within one year from the date of these
presents
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri Done at the City of
Jefferson this 30th day of June AD. 1882
THO. T. CRITTENDEN.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
GOVERNOR THOMAS THEODORE CRITTENDEN. 513
OFFERING A REWARD
JUNE 30, 1882
From the Register of Civil Proceedings, 1879-1882, p. 586
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS Howard Adams stands charged by indict-
ment with the crime of rape in the county of Moniteau and
has fled from justice and cannot be arrested by ordinary
process of law
Now THEREFORE I, Thomas T. Crittenden governor
of the state of Missouri by virtue of authority in me vested
and for good and sufficient reasons appearing do hereby
offer a reward of Two hundred and fifty dollars for the arrest
and delivery of said Howard Adams to the sheriff of said
county of Moniteau at the county seat thereof at any time
within one year from the date of these presents.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri Done at the City of
Jefferson this 30th day of June A. D. 1882
THO. T. CRITTENDEN.
By the Governor:
MICH'L K. McGRATH, Secretary of State.
OFFERING A REWARD
JULY 3, 1882
From the Register of Civil Proceedings, 1 879-1 888, p. 587
STATE OP MISSOUBI, EXECUTIVE DEPARTMENT.
WHEREAS Marion A. Holly stands charged by indict-
ment with the murder of John Pierce in the county of Pemi-
scot and has fled from justice and cannot be arrested by
ordinary process of law Now THEREFORE I, Thomas T.
17
514 MESSAGES ANJ& PROCLAMATIONS OF
Crittenden Governor of the State of Missouri by virtue of
authority in me vested and for good and sufficient reasons
appearing do hereby offer a reward of One hundred dollars
for the arrest and delivery of said Marion A. Holly to the
sheriff of said county at Gayoso, the county seat thereof
at any time within one year from the date of these presents.
In Testimony "Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri Done at the City of
Jefferson this 3rd day of July AD 1882
THO. T. CRITTENDEN.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
OFFERING A REWARD
JULY 10, 1882
From the Register of Civil Proceedings, 1879-1882, p. 591
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS Taylor Starks, and a party whose name is
to me unknown, stand charged with the murder of Charles
Edmonson in the county of Newton on the 17 day of June
1882, and have fled from justice and cannot be arrested by
ordinary process of law — Now THEREFORE I, Thomas T.
Crittenden, governor of the State of Missouri, by virtue
of authority in me vested and for good and sufficient reasons
appearing, do hereby offer a reward of One hundred and
fifty dollars each for the arrest and delivery of said Taylor
Starks and said unknown party to the sheriff of said county
of Newton at Neosho the county seat thereof at any time
within one year from the date of these presents.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri Done at the City of
Jefferson this 10th day of July AD 1882.
THO. T. CRITTENDEN.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
GOVERNOR THOMAS THEODORE CRITTENDEN. 515
OFFERING A REWARD
JULY 22, 1882
From the Register of Civil Proceedings, 1879-188$, p. 597
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS James H. Lewis, and George Lewis are
charged with the crime of highway robbery in the county
of Barton and have fled from justice and cannot be arrested
by ordinary process of law.
Now THEREFORE I, Thomas T. Crittenden, Governor
of the State of Missouri by virtue of authority in me vested,
and for good and sufficient reasons appearing, do hereby
offer a reward of One hundred and fifty dollars each for
the arrest and conviction of said James H. Lewis and George
Lewis at any time within two years from the date of these
presents.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the Great Seal
(Seal) of the State of Missouri. Done at the City of
Jefferson this 22nd day of July A. D. 1882.
THO. T, CRITTENDEN.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
OFFERING A REWARD
AUGUST 7, 1882
From the Register of Civil Proceedings, 1879-1882, p. 60S
STATE OF MISSOURI, EXECUTIVE DEPARTMENT,
WHEREAS Jonathan Lawless stands charged with the
murder of James English in the county of Platte and State
of Missouri, and has fled from justice and cannot be arrested
by ordinary process of law.
Now THEREFORE I, Thomas T. Crittenden, governor
of the State of Missouri, by virtue of authority in me vested
516 MESSAGES ANB PROULAMATIOKS OF
and for good and sufficient reasons appearing, do hereby
offer a reward of One Hundred and fifty dollars for the
arrest and delivery of said Jonathan Lawless to the sheriff
of said county of Platte, at Platte City the county seat
thereof, at any time within one year from the date of these
presents
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of the
(Seal) State of Missouri. Done at the City of Jeffer-
son this seventh day of August AD 1882
THO. T. CRITTENDEN
By the governor:
MICH'L K. MCGRATH, Secretary of State.
OFFERING A REWARD
AUGUST 8, 1882
From the Register of Civil Proceedings, 1879-1882, p. 606
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS John Williams stands charged by indictment
in the circuit court of St. Francois county with the murder
of Mathew Kinney in the county aforesaid on the 3rd day
of December 1871, and has fled from justice and cannot be
arrested by ordinary process of law.
Now THEREFORE I, Thomas T. Crittenden, govenor
of the state of Missouri, by virtue of authority in me vested
and for good and sufficient reasons appearing do hereby
offer a reward of One hundred and fifty dollars for the arrest
and delivery of said John Williams to the sheriff of said
county of St. Francois, at Farmington, at any time within
one year from the date hereof.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri Done at the City of
Jefferson this Eighth day of August AD 1882
THO. T. CRITTENDEN
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
GOVERNOR THOMAS THEODORE CRITTENDEN. 517
REMOVAL OF DISABILITIES
AUGUST 21, 1882
From the Register of Civil Proceedings, 1879-1882, pp. 610-611
The State of Missouri, To all who shall see these presents —
Greeting:
Know ye that WHEREAS John Burns was at the May
term 1881 of the Criminal Court of Pettis county convicted
of the crime of assault with attempt to kill and sentenced
to imprisonment in the county jail of said Pettis county of
this state, and thereby became disqualified to be sworn as a
witness or juror in any cause, or to vote at any election, or
to hold any office of honor, profit or trust within said state,
and the said John Burns having been discharged from his
said imprisonment, Now THEREFORE I, Thomas T. Crit-
tenden governor of the State of Missouri, by virtue of
authority in me vested by law, and for good and sufficient
reasons appearing, do hereby remove the disabilities im-
posed upon the said John Burns by reason of the conviction
and judgment aforesaid
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the Great Seal of
the State of Missouri. Done at the City of
Jefferson this twenty first day of August in the
(Seal) 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 Missouri the sixth third.
THO. T. CRITTENDEN.
By the Governor:
MIGH'L K. MG&RATH, Secretary of State.
518 MESSAGES AND PROCLAMATIONS OF
ON DECLARING A COMMISSION VACATED
SEPTEMBERS, 1882
From the Register of Civil Proceedings, 1879-1888, p. 619
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
By virtue of authority in me vested I, Thomas T.
Crittenden, Governor of the State of Missouri, hereby
declare vacated* from and after the first day of October
1882, the commission heretofore issued to Edward Taussig
of the city of London, England, as commissioner of deeds
for the state of Missouri, he having failed to qualify as such
commissioner as required by section 641 of the Revised
Statutes of the State of Missouri 1879.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this fifth day of September A. D. 1882.
THO. T. CRITTENDEN.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
OFFERING A REWARD
SEPTEMBER 18, 1882
From the Register of Civil Proceedings, 1879-1882, p. 625
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS it has been made known to me that William
Beavers, who was on the 8th day of August 1882 in the
circuit court of McDonald county, convicted of the crime
of burglary and larceny and sentenced to five years imprison-
ment in the penitentiary, has escaped from the sheriff of
said county and cannot be arrested by ordinary process of
law —
GOVERNOR THOMAS THEODORE CRITTENDEN. 519
Now THEREFORE I, Thomas T. Crittenden, Governor
of the State of Missouri, by virtue of authority in me vested,
and for good and sufficient reasons appearing do hereby
offer a reward of One Hundred and fifty dollars for the
arrest and delivery of said William Beavers to the sheriff
of said county of McDonald at Pineville the county seat
thereof at any time within one year from the date hereof.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri. Done at the City of
Jefferson this 18th day of September A. D.
1882.
THO. T. CRITTENDEN.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
OFFERING A REWARD
OCTOBEB 3, 1882
From the Register of Civil Proceedings, 1882-1885, p.
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS William Carter stands charged by indict-
ment with the murder of Jesse L. Fowler in the county of
Jasper and has fled from justice and cannot be arrested by
ordinary process of law.
Now THEREFORE I, Thomas T. Crittenden, governor of
the state of Missouri, by virtue of authority in me vested
and for good and sufficient reasons appearing do hereby
offer a reward of One hundred and fifty dollars for the arrest
and delivery of said William Carter to the sheriff of said
county of Jasper at the county seat thereof at any time
within one year from the date of these presents.
520 MESSAGES AND PROCLAMATIONS OF
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the Great Seal of
(Seal) the State of Missouri Done at the City of
Jefferson this 3rd day of October A. D. 1882
THO. T. CRITTENDEN.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
ON REVOKING THE PROCLAMATION OF
JULY 28, 1881
OCTOBER 7, 1882
From the Register of Civil Proceedings, 1888-1885, p. 6
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS — on the twenty eighth day of July AD.
1881, I, as governor of the state of Missouri, did issue a
proclamation offering certain rewards therein specified for
the arrest and conviction of certain express and train
robbers. Now by virtue of the power in me vested as
governor aforesaid I do hereby revoke and annul from and
after this date said proclamation and declare the offer of
said rewards to be no longer in force, for the reason that the
principal actors in, and perpetrators of the crimes therein
mentioned, are dead or are in the custody of the law of the
state.
I congratulate the people of Missouri on the restoration
of peace and the supremacy of the law over the entire
state, the result of the efficiency of the various officers of
the law who have contributed to this happy end.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri Done at the City of
Jefferson this 7th day of October AD. 1882.
THO. T. CRITTENDEN-
By the Governor:
MICH'L K. MCGRATH, Secretary of State
GOVERNOR THOMAS THEODORE CRITTENDEN. 521
ON THE DBA TH OF WILLARD P. HALL
NOVEMBER 6, 18S2
From the Register of Civil Proceedings, 1882-1885, p. 17
STATE OP MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS — we have learned with profound sorrow of
the death of the Honorable Willard P. Hall, a former gover-
nor of this state, who departed this life at his home in St.
Joseph on Friday the third day of November, instant:
Now THEREFORE I, Thomas T. Crittenden, governor of
the state of Missouri, by virtue of authority in me vested
do hereby direct that business be suspended in the several
departments of state today at 12 o'clock noon, and that
they remain closed during the day, as a token of respect
to the memory of this distinguished statesman, patriot,
jurist and citizen.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri Done at the City of
Jefferson this sixth day of November A. D. 1882
THO. T. CRITTENDEN
By the Governor: -
MICH'L K. MCGRATH, Secretary of State
ON THANKSGIVING
NOVEMBER 6, 1882
From the Register of Civil Proceedings, 1888-1886, p. 18
STATE OF MISSOUHI, EXECUTIVE DEPARTMENT.
WHEREAS the President of the United States has set
apart Thursday November thirtieth as a day of thanks-
giving and prayer; and
WHEREAS it is meet and proper that the people of Mis-
souri should unite in a general observance of that day
522 MESSAGES AND PROCLAMATIONS OF
Now THEREFORE, I, Thomas T. Crittenden, governor
of the state of Missouri, do hereby set apart the day designat-
ed by the president of the United States as a day of Thanks-
giving for the manifold blessings vouchsafed by Almighty
God to the people of Missouri, and of prayer for a con-
tinuation of the Divine favor, and I recommend that all
public offices be closed, and that the people abstain from
their customary pursuits upon that day, and that they
engage in such religious worship and devotional exercises
as to them may seem proper: Let all the people unite in
saying in the language of the Psalmist
'Thou visitest the Earth and waterest it; Thou
greatly enrichest it with the River of God, which is full of
water; Thou preparest them corn when Thou hast so
provided for it; Thou waterest the ridges thereof abundantly;
Thou settlest the furrows thereof; Thou makest it soft with
showers; Thou blessest the springing thereof; Thoucrownest
the year with Thy goodness, and Thy paths doth drop fat-
ness: They drop upon, the pastures of the wilderness, and
the little hills rejoice on every side. The pastures are
clothed with flocks, the valleys also are covered over with
corn — they shout for joy, they also sing."
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal
(Seal of the state of Missouri. Done at the City of
Jefferson this sixth day of November AD. 1882
THO. T. CRITTENDEN
By the Governor:
MICH'L K. MCGRATH, Secretary of State
OFFERING A REWARD
DECEMBER 6, 1882
From the Register of Civil Proceedings, 1882-1885, p. 82
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
\V KERENS — it has been made known to me that Jno. D.
Shea, who was at the May term 1882 of the St. Louis
GOVERNOR THOMAS THEODORE CRITTENDEN. 523
Criminal Court convicted of murder in the first degree,
has broke jail and escaped, and cannot be arrested by
ordinary process of law. Now THEREFORE, I, Thomas T.
Crittenden, governor of the state of Missouri, by virtue of
authority in me vested and for good and sufficient reasons
appearing do hereby offer a reward of one hundred and
fifty dollars for the arrest of said John D. Shea, and his
delivery to the sheriff of the City of St. Louis at any time
within one year from the date of these presents.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri. Done at the City of
Jefferson this 6th day of December A. D. 1882.
THO. T. CRITTENDEN
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
OFFERING A REWARD
DECEMBEK 14, 1882
From the Register of Civil Proceedings, 1888-1886, p. 88
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS — iGeorge H. Kelly stands charged by indict-
ment in the county of Butler with the crime of forgery and
has fled from justice and cannot be arrested by ordinary
process of law — Now THEREFORE — I, Thomas T. Crittenden,
governor of the state of Missouri, by virtue of authority
in me vested, and for good and sufficient reasons appearing
do hereby offer a reward of One hundred dollars for the
arrest of said George H. Kelly and his delivery to the sheriff
of said county of Butler, at Poplar Bluff, the county seat
thereof at any time within one year from the date of these
presents.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
524 MESSAGES AND PROCLAMATIONS OF
the state of Missouri-^-Done at the City of
(Seal) Jefferson this 14th day of December AD 1882
THO. T. CRITTENDEN
By the Governor:
MTCH'L K. McGRATH, Secretary of State
OFFERING A REWARD
JANUARY 5, 1883
From the Register of Civil Proceedings, 1888-1885, p. 100
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS James Levisay stands charged by affidavit
with the murder of Allman Huff in the county of Cass on
the 27th day of December 1882, and has fled from justice
and cannot be arrested by ordinary process of law.
Now THEREFORE, I, Thomas T. Crittenden, governor
of the state of Missouri, by virtue of authority in me vested,
and for good and sufficient reasons appearing, do hereby
offer a reward of Two Hundred dollars for the arrest of said
James Levisay and his delivery to the sheriff of said county
of Cass at Harrisonville, the county seat thereof at any time
within one year from the date of these presents.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri. Done at the City of
Jefferson this 5th day of January 1883.
THO. T. CRITTENDEN
By the Governor:
MICH'L K. McGRATH, Secretary of State
GOVERNOR THOMAS THEODORE CRITTENDEN. 525
ON REMOVAL OF DISABILITIES
JANUARY 10, 1883
From the Register of Civil Proceedings, 1882-1885, p. 104
The State of Missouri, To all who shall see these presents —
Greeting:
WHEREAS T. A. Felker was at the October term 1882
of the circuit court of Maries county convicted of selling
liquor without license and of selling liquor on Sunday and
thereby became disqualified to obtain a license to keep a
dram shop within this state — Now, THEREFORE, I, Thomas
T. Crittenden, governor of the state of Missouri, by virtue
of authority in me vested and for good and sufficient reasons
appearing do hereby remove the disabilities imposed on the
said T. A. Felker by reason of such conviction and judgment.
In Testimony Whereof, I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this tenth day of January A. D. 1883.
THO. T. CRITTENDEN
By the Governor:
MICH'L K. MCGRATH, Secretary of State
OFFERING A REWARD
JANUARY 29, 1883
From the Register of Civil Proceedings, 188S-1885, p.
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS — Columbus C. Shipman stands charged by
affidavit with the murder of Tiffey in the
county of Newton, and has fled from justice and cannot be
arrested by ordinary process of law, Now THEREFORE, I,
Thomas T. Crittenden, governor of the state of Missouri
526 MESSAGES AND PROCLAMATIONS OF
by virtue of authority in me vested and for good and suffi-
cient reasons appearing, do hereby offer a reward of one
hundred and fifty dollars for the arrest and delivery of said
Columbus C. Shipman to the sheriff of said county at Neosho,
the county seat thereof — at any time within one year from
the date of these presents.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this 29th day of January A. D. 1883.
THO. T. CRITTENDEN
By the Governor:
MICH'L K. MCGRATH, Secretary of State
SUSPENDING AN EXECUTION
FEBRUARY 8, 1883
From the Register of Civil Proceedings, 1888-1885, p. 189
The State of Missouri, To the sheriff of the county of Howell—
Greeting:
Know ye that, by virtue of authority in me vested
and for good and sufficient reasons appearing I, Thomas T.
Crittenden, governor of the state of Missouri do hereby
suspend the sentence and Execution of A. J. McGinnis until
the 16th day of March 1883, who was by the judgment of
the circuit court of Howell county at its April term 1882
sentenced to be hanged: And you the sheriff of said county
are hereby directed and commanded to carry out and
execute the said judgment and sentence of said circuit
court upon the said A. J. McGinnis, on the said 16th day
of March 1883 in manner and form as therein set forth in
every and all respects as you would and should have done
if this suspension and the aforesaid stay had not been made
and this extension of time given.
GOVERNOR THOMAS THEODORE CRITTENDEN. 527
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this 8th day of February AD. 1883.
THO. T. CRITTENDEN
By the Governor:
MICH'L K. McGRATH, Secretary of State.
OFFERING A REWARD
FEBRUARY 17, 1883
From the Register of Civil Proceedings, 1882-188S, p. 137
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS, Robert Nichols stands charged by indict-
mtent with the murder of Daniel J. Cook in the county of
Boone, and has fled firom justice and cannot be arrested by
ordinary process of law.
Now THEREFORE I, Thomas T, Crittenden, Governor
of the State of Missouri, by virtue of authority in me vested
and for good and sufficient reasons appearing do hereby
offer a reward of One hundred dollars for the arrest and
delivery of said Robert Nichols to the sheriff of said county
of Boone at Columbia at any time within one year from the
date of these presents.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this 17th day of February A. D. 1883.
THO. T. CRITTENDEN.
By the Governor:
MICH'L K, MCGRATH, Secretary of State.
528 MESSAGES AND PROCLAMATIONS OF
ON REMOVAL OF DISABILITIES
MARCH 14, INS*
from thf Keffixtfr o/ Civil Proceeding*, IRSX-lSSt, p. 13 ~>
The State of Missouri, To all who shall see these presents-
Greeting:
Know ye that— \\HEREAS John W. Kenyon was, at
the March term 1879 of the circuit court of Harrison county,
convicted of forgery in the third degree and sentenced to
the penitentiary of this state, and thereby became dis-
qualified to be sworn as a witness or juror in any cause or to
vote at any election, or to hold any office of honor, profit
or trust within said state, and the said John V,. Kenyon
having been discharged from his said imprisonment —
Now THEREFORE I, Thomas T. Crittenden, Governor
of the State of Missouri, by virtue of authority in me vested
by law, and for good and sufficient reasons appearing do
hereby remove the disabilities imposed upon the said John W.
Kenyon by reason of the conviction and judgment afore-
said.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri. Done at the City of
Jefferson this fourteenth day of March AD 1883.
THO. T. CRITTENDEN.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
ON REMOVAL OF DISABILITIES
MARCH 26, 1883
From the Register of Civil Proceedings, 1888-1885, p.
The State of Missouri, To all who shall see these presents —
Greeting:
Know ye that WHEREAS Daniel Florney was at the
August term 1874 of the circuit court of Lafayette county,
GOVERNOR THOMAS THEODORE CRITTENDEN. 529
convicted of arson in the third degree and sentenced to the
penitentiary of this state, and thereby became disqualified
to be sworn as a witness or juror in any cause or to vote at
any election or to hold any office of honor, profit or trust
within said state; and the said Daniel Florney having been
discharged from his said imprisonment, Now THEREFORE,
I, Robert A. Campbell Governor of the State of Missouri,
by virtue of authority in me vested by law and for good and
sufficient reasons appearing, do hereby remove the dis-
abilities imposed upon the said Daniel Florney by reason
of the conviction and judgment aforesaid
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri — Done at the City of
Jefferson this 26th day of March AD 1883.
ROBT. A. CAMPBELL,
By the Governor:
MICH'L K. MCGRATH, Secretary of State
OFFERING A REWARD
MAY 5, 1883
From the Register of Civil Proceedings, 1882-1885, p. 185
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS, Jefferson D. Bunch stands charged by affi-
davit with the murder of Thomas Nash in the county of
St. Francois, and has fled from justice and cannot be arrested
by ordinary process of law.
Now THEREFORE, I, Thomas T. Crittenden, Governor
of the State of Missouri, by virtue of authority in me vested
and for good and sufficient reasons appearing do hereby
offer a reward of One hundred dollars for the arrest and
delivery of said Jefferson D. Bunch to the sheriff of said
county of St. Francois, at Farmington, at any time within
six months from the date of these presents:
530 MESSAGES AND PROCLAMATIONS OF
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri Done at the City of
Jefferson this 5th day of May A. D. 1883.
THO. T. CRITTENDEN.
By the Governor:
MICH'L K. MCGRATH, Secretary of State
ON REMOVAL OF DISABILITIES
MAY 15, 1883
From the Reyitter of Civil Proceedings, 1882-1885, p. 189
The State of Missouri, To all who shall see these presents —
Greeting:
WHEREAS A. W. Delcour was at the October term 1878
of the circuit court of Washington county convicted of
petit larceny and thereby became disqualified to be sworn
as a witness or juror in any cause or to vote at any election
or to hold any office of honor, trust or profit, within said
state
Now THEREFORE I, Thomas T. Crittenden, governor
of the state of Missouri, by virtue of authority in me vested
by law and for good and sufficient reasons appearing do
hereby remove the disabilities imposed upon the said A. W.
Delcour by reason of the conviction
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri: Done at the City of
Jefferson this 15th day of May AD. 1883.
THO. T. CRITTENDEN.
By the Governor:
MICH'L K. MCGRATH, Secretary of State
GOVERNOR THOMAS THEODORE CRITTENDEN. 531
OFFERING A REWARD
MAY 15, 1883
From the Register of Civil Proceedings, 1882-1885, p. 190
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS, Robert Ashcraft stands charged by indict-
ment with the murder of Charles Click in the county of
Carter, and has fled from justice and cannot be arrested
by ordinary process of law:
Now THEREFORE, I, Thomas T. Crittenden, governor
of the state of Missouri, by virtue of authority in me vested,
and for good and sufficient reasons appearing, do hereby
offer a reward of One hundred and fifty dollars for the arrest
and delivery of said Robert Ashcraft to sheriff of said county
of Carter at Van Buren, the county seat thereof, at any time
within one year from the date of these presents.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this 15th day of May A. D. 1883.
THO. T. CRITTENDEN.
By the Governor:
MICH'L K. McGRATH, Secretary of State
OFFERING A REWARD
JUNE 1, 1883
From the Register of Civil Proceedings, 1888-1885, p. 199
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS — Clifton Wade stands charged by affidavit
with the murder of Robert Cummings in the county of
Monroe, and has fled from justice and cannot be arrested by
ordinary process of law. Now THEREFORE, I, Thomas T.
532 M^3SA0ES ANI> FROCIAMLATIONS OF
Crittenden, governor of the state of Missouri, by virtue
of authority in me vested* and for good and sufficient
reasons appearing, do hereby offer a reward of One hundred
dollars for the arrest and delivery of said Clifton Wade
to the sheriff of said county of Monroe, at Paris the county
seat thereof, at any time within one year from the date of
these presents.
In Testimony Whereof, I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this first day of June A. D. 1883
THO. T. CRITTENDEN.
By the Governor:
MICH'L K. MCGRATH, Secretary of State
ON DECLARING CERTAIN COMMISSIONS
VACATED
JUNE IS, 1883
From the Register of Civil Proceedings, 1882-1885, p. 205
OF MISSOURI, EXECUTIVE DEPARTMENT.
By virtue of authority in me vested, I — Thomas T.
Crittenden, governor of the State of Missouri, hereby de-
clare vacated, from and after the fourth day of July 1883,
the commissions heretofore issued to Richard S. Child, jr.
of Philadelphia, Pennsylvania, and L. C. Northrup of Omaha,
Nebraska, as commissioners of deeds for the state of Mis-
souri in said states, they having failed to qualify as such
commissioners as required by section 641 of the revised
statutes of the State of Missouri, 1879.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this 18th day of June A. D. 1883.
THO. T. CRITTENDEN.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
GOVERNOR THOMAS T«EOt>OK£ C3WWENDEN. 533
OX THE INDEBTEDNESS OF THE STATE OF MIS-
SOURI TO THE STATE BOARD OF
EDUCATION
JULY 1, l,s>.IJ
From the Register of Civil Proceedings, 1883-1885, pp.
The State of Missouri, To all who shall see these presents —
Greeting:
Know ye that it is hereby certified that the State of
Missouri is indebted to the State Board of Education of
said state, as trustee for the State School Fund of said state
in the sum of Twenty two thousand dollars payable twenty
years after date, upon which sum the said state hereby
promises to pay to the State Board of Education, as trustee
as aforesaid, interest semi-annually, at the rate of five per
centum per annum, out of any money in the State treasury
not otherwise appropriate said interest to be paid on the
first days of January and July of each year and applied to
the maintenance of free public schools in the State of Mis-
souri as provided by law.
This certificate of indebtedness represents certain sums
of money paid into the state treasury and placed to the
credit of the state school fund by virtue of several acts of
the general assembly of the State of Missouri entitled as
follows: "An act to regulate the appointment of notaries
public in all cities having a population of one hundred
thousand inhabitants or more." Approved Ivtarch 24,
1881; "An act to appropriate money for thfe support of the
State government for the years 1883 and 1&S4" approved
April 2nd 1883 and "Aft act to appropriate money for the
deficiencies in the appropriations for the years 1881 and
1882," approved April 2nd 18&3. Said sums of money were
derived from notaries public appointed in cities containing
one hundred thousand inhabitants or more, as provided in
said act of March 24, 1881, and from the Executors and
534 MESSAGES AND PROCLAMATIONS OF
administrators fund and the road and canal fund as pro-
vided in the said acts approved April 2, 1883.
The certificate is non-negotiable and is issued in com-
pliance with an act of the General Assembly of the State
of Missouri approved March thirty first 1883 and entitled
an "An act to provide for the permanent investment of any
moneys, remaining in the state treasury and belonging to
either the public school fund or seminary fund of the State,
or that may hereafter be paid into the state treasury, etc."
In Witness Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at office in the
city of Jefferson, Missouri this 1st day of July
1883.
THO. T. CRITTENDEN.
Governor
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
ON THE INDEBTEDNESS OF THE STATE OF MIS-
SOURI TO THE STATE BOARD OF
EDUCATION
JULY 2, 1883
From the Register of Civil Proceedings, 1888-1885, p. 211
The State of Missouri, To all who shall see these presents —
Greeting:
Know ye that it is hereby certified that the state of
Missouri is indebted to the State Board of Education of
said state, as trustee for the State Seminary Fund of said
state in the sum of Two hundred and forty two thousand
dollars, payable twenty years after date, upon which sum
the said state hereby promises to pay to the State Board
of Education, as trustee as aforesaid, interest semi-annually,
at the rate of five per centum per annum, out of any money
GOVERNOR THOMAS THEODORE CRITTENDEN. 535
in the state treasury not otherwise appropriated: said
interest to be paid on the first days of January and July of
each year, and applied to the maintenance of the Agri-
cultural College and School of Mines as provided by law.
This certificate of indebtedness represents certain sums
of money paid into the state treasury by the treasurer of the
Board of Curators of the State University on the twenty
seventh and thirtieth days of June 1883, said money being
the proceeds derived from the sale of Agricultural College
lands donated to the State of Missouri by virtue of an act
of Congress, approved July 2nd 1862, entitled "An act
donating public lands to the several States and Territories
which may provide colleges for the benefit of Agriculture
and the mechanic acts" — It is non-negotiable and is issued
in compliance with an act of the general assembly of the
State of Missouri approved March thirty first 1883 and
entitled "An act to provide for the permanent investment
of any moneys remaining in the state treasury and belong-
ing to either the public school fund or seminary fund of the
state, or that may hereafter be paid into the state treasury
etc."
In Witness Whereof I have hereunto set my hand
and caused to be affixed the great seal of the
(Seal) State of Missouri. Done at office in the City
of Jefferson, Missouri this second day of July
AD. 1883
THO. T. CRITTENDEN.
By the Governor:
MICH'L K. McGRATH, Secretary of State.
OFFERING A REWARD
JULY 14, 1883
From the Register of Civil Proceedings, 1888-1885, p. 216
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS Lane Britton is charged by affidavit with the
murder of Aaron Davis in the county of Jasper and has
5S6 MSSSMJES AND PROCLAMATIONS OF
fled from justice and cannot be arrested by ordinary proc-
ess of law — Now THEREFORE I, Thomas T. Crittenden,
governor of the state of Missouri, by virtue of authority in
me vested and for good and sufficient reasons appearing do
hereby offer a reward of One hundred dollars, for the arrest
and delivery of said Lane Britton to the sheriff of said
county of Jasper at any time within one year from the date
of these presents.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this 14th day of July A. D. 1883.
THO. T. CRITTENDEN.
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
OAT REMOVAL OF DISABILITIES
AUGUST 6, 1883
From the Register of Civil Proceedings, 188&-1888, p. 225
The State of Missouri, To all who shall see these presents —
Greeting:
WHEREAS Joseph Huber was by the judgment of the
Criminal Court of Johnson county convicted of selling
liquor without license and thereby became disqualified to
obtain a license to keep a dram shop within this state.
Now THEREFORE I, Robert A. Campbell, Governor of
the State of Missouri, by virtue of authority in me vested,
and for good and sufficient reasons appearing, do hereby
remove the disabilities imposed on the said Joseph Huber
by reason of such convictions and judgment.
In Testimony Whereof I have hereunto set my
hand -and caused to be affixed the .great seal of
GOVERNOR THOMAS THEODORE CRITTENDEN. 537
(Seal) the state of Missouri Done at the City of
Jefferson this sixth day of August .A. D. 1883.
R. A. CAMPBELL
By the Governor:
MICH'L K. MCGRATH, Secretary of State
ON REMOVAL OF DISABILITIES
AUGUST 7, 1883
From the Register of Civil Proceedings, 1882-1885, p. 22
The State of Missouri, To all who shall see these presents —
Greeting:
WHEREAS Joseph Hessler was by the judgment of the
Criminal Court of Johnson county, convicted of selling
liquor without license, and thereby became disqualified to
obtain a license to keep a dram shop within this state.
Now THEREFORE I, Robert A. Campbell, Governor of the
State of Missouri, by virtue of authority in me vested and
for good and sufficient reasons appearing, do hereby remove
the disabilities imposed on the said Joseph Hessler by
reason of such conviction and judgment.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this seventh day of August AD 1883
R. A. CAMPBELL
By the Governor:
MICH'L K. McGRATH, Secretary of State
538 MESSAGES AND PROCLAMATIONS OF
OFFERING A REWARD
AUGUST 13, 1883
From ike Register of Civil Proceedings, 1882-1885, p. 228
STATE OF MISSOUBI, EXECUTIVE DEPARTMENT.
WHEREAS John A. Pruitt is charged by indictment with
the murder of Samuel Gibson in the county of Camden and
has fled from justice and cannot be arrested by ordinary
process of law Now THEREFORE I Robert A. Campbell
Governor of the State of Missouri, by virtue of authority in
me vested and for good and sufficient reasons appearing do
hereby offer a reward of One hundred dollars for the arrest
and delivery of said John A. Pruitt to the sheriff of Camden
County at Linn Creek, the county seat thereof at any time
within one year from the date of these presents
In Testimony "Whereof, I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this thirteenth day of August AD.
1883.
ROBT. A. CAMJPBELL
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
OFFERING A REWARD
AUGUST 20, 1883
From the Register of Civil Proceedings, 1888-1885, p. 283
STATE OF MISSOUKI, EXECUTIVE DEPARTMENT.
WHEREAS, John Fickler is charged by affidavit with the
murder of Maurice Slatterly in the City of St. Louis, and
has fled from justice and cannot be arrested by ordinary
process of law. Now THEREFORE, I, Thomas T. Critten-
GOVERNOR THOMAS THEODORE CRITTENDEN. 539
den, governor of the state of Missouri, by virtue of authority
in me vested, and for good and sufficient reasons appearing
do hereby offer a reward of One hundred and fifty dollars
for the arrest and delivery of said John Fickler to the sheriff
of said city at St. Louis at any time within one year from
the date hereof.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson This 20th day of August AD 1883
THO. T. CRITTENDEN
By the Governor:
MIGH'L K. MCGRATH, Secretary of State
ON REMOVAL OF DISABILITIES
SEPTEMBER 1, 1883
From the Register of Civil Proceedings, 1888-1886, p. $S8
The State of Missouri, To all who shall see these presents —
Greeting:
Know ye that Thomas H. Gibson was by the Judg-
ment of the Circuit Court of Adair County, convicted of
selling liquor without license and thereby became dis-
qualified to obtain a license to keep a dram shop within
this state — Now, THEREFORE, I Thomas T. Crittenden
governor of the state of Missouri, by virtue of authority in
me vested and for good and sufficient reasons appearing
do hereby remove the disabilities imposed on the said
Thomas H. Gibson by reason of such conviction and judg-
ment.
In Testimony \Vhereof I have hereunto set my
hand and caused to be affixed the great seal of
the State of Missouri. Done at the City of
(Seal) Jefferson this first day of September in the year
of our Lord One thousand eight hundred and
542 MESSAGES AND PROCLAMATIONS OF
liquor without license and thereby became disqualified to
obtain a license to keep a dram shop within this state
Now THEREFORE I, Thomas T. Crittenden, governor of the
state of Missouri, by virtue of authority in me vested, and
for good and sufficient reasons appearing do hereby remove
the disabilities imposed on the said Stephen Kiggins by
reason of such conviction and judgment.
In Testimony Whereof, I have hereunto set my
hand and caused to be affixed the great seal of
the state of Missouri. Done at the city of
(Seal) Jefferson this first day of September in the year
of Our Lord One thousand eight hundred and
eighty three of the Independence of the United
States the one hundred and eighth and of the
state of Missouri the sixty fourth
THO. T. CRITTENDEN
By the Governor:
MICH'L K. McGRATH, Secretary of State
By AUG. S. VOGDES, Chief Clerk
ON REMOVAL OF DISABILITIES
SEPTEMBER 3, 1883
From the Register of Civil Proceedings, 1888-1885, p.
7 he State of Missouri, To all who shall see these presents —
Greeting:
Know ye that Lafayette Johnson was, on the thirtieth
day of October 1880 by a judgment of the criminal court of
Lafayette county, convicted of malicious and felonious
assault with intent to kill, and sentenced to imprisonment
in the penitentiary of this state, and thereby became dis-
qualified to be sworn as a witness or juror in any cause, or
to vote at any election, or to hold any office of honor, profit
or trust within said state, and the said Lafayette Johnson
having been discharged from his said imprisonment.
GOVERNOR THOMAS THEODORE CRITTENDEN. 543
Now THEREFORE, I, Thomas T. Crittenden, governor
of the state of Missouri, by virtue and authority of law, and
for good and sufficient reasons appearing, do hereby remove
the disabilities imposed upon the said Lafayette Johnson
by reason of the conviction and sentence aforesaid.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
the state of Missouri. Done at the city of
(Seal) Jefferson this third day of September in the year
of Our Lord One thousand eight hundred and
eighty three, of the Independence of the United
States the one hundred and eighth, and of the
state of Missouri the sixty fourth.
THO. T.. CRITTENDEN
By the Governor:
MIGH'L K. MCGRATH, Secretary of State.
By AUG. S. VOGDES, Chief Clerk
ON REMOVAL OF DISABILITIES
SEPTEMBER 4r 1883
From the Register of Civil Proceedings, 1888-1885, p. 24$
The State of Missouri, To all who shall see these presents,
Greeting:
Know ye that Christian Schricker was at the June
term 1874 of the circuit court of Johnson County convicted
of selling liquor without license and thereby became dis-
qualified to obtain a license to keep a dram shop within
this state —
Now THEREFORE, I, Thomas T. Crittenden, Governor
of the state of Missouri, by virtue of authority in me vested
and for good and sufficient reasons appearing do hereby re-
move the disabilities imposed on the said Christian Schricker
by reason of such conviction and judgment.
544 MENACES A*r0 PROCLAMATIONS OF
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
the state of Missouri. Done at the city of
(Seal) Jefferson this fourth day of September in the
year of our Lord one thousand eight hundred
and eighty three, of the Independence of the
United States the one hundred and eighth and
of the state of Missouri, the sixty fourth —
THO. T. CRITTENDEN
By the Governor:
MICH'L K. MCGRATH, Secretary of State
By AUG. S. VOGDES, Chief Clerk
OFFERING A REWARD
SEPTEMBER 10, 1883
From the Register of Civil Proceedings, 1882-1885, p. 2
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS Henry O'Brian is charged with the murder of
George West, in the county of Chariton and ha's fled from
justice and cannot be arrested by ordinary process of law.
Now THEREFORE, I, Thomas T. Crittenden, governor of
the state of Missouri, by virtue of authority in me vested
and for good and sufficient reasons appearing, do hereby
offer a reward of One hundred dollars for the arrept and
delivery of the said Henry O'Brian to the sheriff of said
county of Chariton, at Keytesville, the county seat thereof,
at any time within one year from the date of these presents.
In Testimony Whereof, I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the city of
Jefferson this 10th day of September AD 1883
THO. T. CRITTENDEN
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
GOVERNOR THOMAS THEODORE CRITTENDEN. 546
OAT REMOVAL OF DISABILITIES
OCTOBER 8, 1883
From the Register of Civil Proceedings, 188&-18&5, p.
The State of Missouri, To all who shall see these presents —
Greeting:
Know ye that — James G. Maxsey was at the April
term 1876 of the circuit court of Miller county convicted
of murder in the second degree and sentenced to the pen-
itentiary of this state — and thereby became disqualified
to be sworn as a witness or juror in any cause or to vote at
any election or to hold any office of honor, profit or trust
within said state and the said James G. Maxsey having been
discharged from his said imprisonment Now THEREFORE
I, Thomas T. Crittenden, governor of the State of Mis-
souri, by virtue of authority in me vested by law, and for
good and sufficient reasons appearing do hereby remove the
disabilities imposed upon the said James G. Maxsey by
reason of the conviction and sentence aforesaid
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
the state of Missouri. Done at the city of
Jefferson this eighth day of October in the
(Seal) year of Our Lord one thousand eight hundred
and eighty three of the independence of the
United States the one hundred and eighth and
of the State of Missouri the sixty fourth
THO* T* CRITTENDEN
By the Governor:
MICH'L K. McGRATH, Secretary of State
13
546 MESSAGES AND PROCLAMATIONS OF
ON THE INDEBTEDNESS OF THE STATE OF MIS-
SOURI TO THE STA TE BOARD OF EDUCA TION
NOVEMBER I, 1883
From the Register of Civil Proceeding*, 188&-1885, pp. 889-S90
The State of Missouri, To all who shall see these presents-
Greeting:
Know ye that it is hereby certified that the State of
Missouri is indebted to the State Board of Education of
said state, as trustee for the state seminary Fund, of said
state, in the sum of five thousand dollars, payable twenty
years after date, upon which sum the said state hereby
promises to pay to the State Board of Education, as trustee
as aforesaid, interest semi-annually, at the rate of five
per centum per annum, out of any money in the State
treasury not otherwise appropriated, said interest to be
paid on the first days of January and July of each year and
applied to the maintenance of the Agricultural College and
School of Mines as provided by law.
This certificate of indebtedness represents certain sums
of money paid into the state treasury by the treasurer of
the board of curators of the State University on the eighth
day of November 1883, said money being the proceeds
derived from the sale of the Agricultural College lands
donated to the State of Missouri by virtue of an act of
Congress, approved July second 1862, entitled "An act
donating public lands to the several states and territories
which may provide colleges for the benefit of agriculture
and the mechanics arts" It is non-negotiable and is issued
in compliance with an act of the general assembly of the
State of Missouri, approved March thirty-first 1883 and
entitled "An act to provide for the permanent investment
of any moneys remaining in the state treasury and belong-
ing to either the public school fund or seminary fund of
the state, or that may hereafter be paid into the state
treasury, etc."
GOVERNOR THOMAS THEODORE CRITTENDEN. 547
In Witness Whereof I have hereunto set my hand
and caused to be affixed the great seal of the
(Seal) State of Missouri. Done at office in the city of
Jefferson, Missouri this 1st November 1883
THO. T. CRITTENDEN
By the Governor:
MICH'L K. MCGRATH, Secretary of State
ON THANKSGIVING
NOVEMBER 2, 1883
From the Register of Civil Proceedings, 1882-1885, p. 264
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
In obedience to custom and in token of gratitude to the
Allwise source of every good, for the manifold blessings
bestowed upon us during the past year I, Thomas T.
Crittenden, governor of the State of Missouri, do hereby
designate Thursday the 29th day of November as a day of
Thanksgiving. In pursuance of the request of the President
of the United States I recommend that the people rest
from their accustomed labors on that day and that they
assemble at their respective places of worship and render
thanks and praise the Almighty God for that manifesta-
tion of Divine favor which has preserved us from pestilence
and blessed us with peace and prosperity and devoutly
implore a continuance of his mercy.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal
(Seal) of the state of Missouri. Done at the city of
Jefferson this second day of November A. D.
1883.
THO. T. CRITTENDEN
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
548 MJBSSA&BS AKD PBOCL-VKATIONS OF
ON TU£ ADOPTION OF RAILROAD STANDARD
OF TIME
NOVEMBER 8t 1883
from the Regitter of Civil Proceeding** 1888-1886, pp. $6r-£68
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS it has been unanimously agreed by the
managers of the railroads of the United States to adopt
standards of time which shall be uniform for belts of ter-
ritory some eight hundred miles wide and stretching in-
definitely north and south —
WHEREAS the state of Missouri lies in the great central
belt extending from the Gulf of Mexico to British America
and containing the greater portion of the Mississippi Valley
and
WHEREAS on and after the eighteenth day of November
1883 the time on all railroads in this central belt will be
uniform (instead of varying with the longitude as at present)
the standard being just six hours slower than Greenwich —
the standard nautical time of the World and being approx-
imately the mean solar time of St. Louis and Whereas
the most effective means of disseminating and maintaining
correct time is our system of railroads and telegraph lines,
as has been shown in the past by the general adoption time
along the different lines, and Whereas it will greatly conduce
to the comfort and convenience of all interests, industrial,
commercial and scientific, to adopt a standard of time
uniform, not only in Missouri, but throughout all our
neighboring states
THEREFORE — do I, Thomas T. Crittenden, governor
of the State of Missouri, urge and recommend the adoption
of the railroad standard or what will be known as the "Cen-
tral Time,'* by all corporations municipal and otherwise,
and by all citizens in the State of Missouri, and I further
recommend that the new standard be adopted from and
GOVERNOR THOMAS THEODORE CRITTENDEN. 549
after the date fixed by the railway companies, to wit; at
noon on the eighteenth day of November A. D. 1883.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the Great seal
(Seal) of the state of Missouri. Done at the city of
Jefferson this 8th day of November AD 1883.
THO. T. CRITTENDEN
By the Governor:
MICH'L K. McGRATH, Secretary of State
ON REMOVAL OF DISABILITIES
NOVEMBERS, 1883
From the Register of Civil Proceedings, 1882-1885, p. $68
The State of Missouri, To all who shall see these presents —
Greeting:
Know ye that WHEREAS Bell Harrison was at the May
term 1881 of the criminal court of Johnson county, con-
victed on two several indictments, of selling liquor without
license, and thereby became disqualified to keep a dram
shop within this state.
Now THEREFORE I, Thomas T. Crittenden, Governor
of the State of Missouri, by virtue of authority in me vested,
and for good and sufficient reasons appearing do hereby
remove the disabilities imposed on the said Bell Harrison
by reason of such convictions and judgments.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal
of the State of Missouri. Done at the city of
Jefferson this eighth day of November in the
(Seal) year of Our Lord one thousand eight hundred
and eighty-three of the independence of the
United States the one hundred and eighth and
of the state of Missouri the sixty fourth.
THO. T. CRITTENDEN
By the Governor:
MICH'L K. McGRATH, Secretary of State
550 MESSAGES AND PROCLAMATIONS OF
ON DECLARING A COMMISSION VACATED
NOVEMBER 19, 1883
From the Register of Civil Proceedings, 1 883-1885, p. £7$
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
By virtue of authority in me vested I, Thomas T.
Crittenden, governor of the state of Missouri, hereby
declare vacated, from and after the first day of December
1883, the commission heretofore issued to John C. Purkis,
as a commissioner of deeds for the state of Missouri in the
State of Rhode Island, he having failed to qualify as such
commissioner as required by section 641 of the Revised
Statutes of the State of Missouri 1879.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri. Done at the city of
Jefferson this 19th day of November A. D.
1883.
THO. T. CRITTENDEN
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
ON REMOVAL OF DISABILITIES
NOVEMBER 26, 1883
From the Register of Civil Proceedings, 1882-1885, p. 276
The State of Missouri, To all who shall see these presents,
Greeting:
Know ye that Charles Miller was, on the 25th day of
May 1882 by a judgment of the St. Louis Criminal Court,
convicted of larceny and sentenced to the penitentiary of
this state for a term of two years for larceny; and the said
GOVERNOR THOMAS THEODORE CRITTENDEN. 551
Charles Miller having been discharged from his said im-
prisonment
Now THEREFORE I, Thomas T. Crittenden, governor
of the state of Missouri, by virtue of authority in me vested
by law and for good and sufficient reasons appearing do
hereby remove the disabilities imposed upon the said
Charles Miller by reason of the conviction and sentence
aforesaid.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
the state of Missouri. Done at the city of
Jefferson this 26th day of November in the year
(Seal) of Our Lord One thousand eight hundred and
eighty three Of the Independence of the United
States the One hundred and eighth and of the
State of Missouri the sixth fourth.
THO. T. CRITTENDEN
By the Governor:
MIGH'L K. MCGRATH, Secretary of State
OFFERING A REWARD
DECEMBER 10, 1883
From the Register of Civil Proceedings, 1882-1885, p. $88
STATE OF MISSOUBI, EXECUTIVE DEPARTMENT.
WHEREAS — George Stewart stands charged with the
murder of Walter Tracy in the county of Macon and has
fled from justice and cannot be arrested by ordinary process
of law,
Now THEREFORE I, Thomas T. Crittenden, governor
of the state of Missouri, by virtue of authority in me vested,
and for good and sufficient reasons appearing, do hereby
offer a reward of One hundred dollars for the arrest and
delivery of said George Stewart to the sheriff of said county
532 MESSAGES AND PROCLAMATIONS OF
of Mf&OB, at the county seat thereof at any time within
cue year from the date of these presents
In Testimony Whereof ! have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the city of
Jefferson this 10th day of December A. D.
1883,
THO. T. CRITTENDEN
By the Governor:
K. MCGRATH, Secretary of State
ON REMOVAL OF DISABILITIES
DECEMBER 31, 1883
From the Register of Civil Proceedings, 1888-1835, p. $9$
The State of Missouri, To all who shall see these presents:
Greeting:
Know ye that WHEREAS George Miller was, at the
February term 1878 of the criminal court of Jackson County,
Missouri, convicted of petit larceny and thereby became
disqualified to be sworn as a witness or juror in any cause
or to vote at any election or to hold any office of honor,
profit or trust within said state. Now THEREFORE I,
Thomas T. Crittenden, governor of the State of Mis-
souri, by virtue of authority in me vested by law and for
good and sufficient reasons appearing, do hereby fully
pardon said George Miller for said offense and crime of
petit larceny and do hereby remove the disabilities im-
posed upon the said George Miller by reason of the con-
viction aforesaid
In Testimony Whereof, I have hereunto set my
hand and caused to be affixed the great seal of
the state of Missouri, Done at the city of
Jefferson this thirty first day of December in
(Seal) the year of Our Lord One thousand eight
GOVEfcNOft THOMAS THEODORE ClttTmt&EN. 553
hundred and eighty three of the Independence
of the United States the One hundred and eighth
and of the State of Missouri the sixth fourth.
THO. T. CRITTENDEN
By the Governor:
MICH'L K. McGRATH, Secretary of State
ON REMOVAL OF DISABILITIES
JANUARY 4, 1884
From the Register of Civil Proceedings, 1 888-1 88 5, p. £94
The State of 'Missouri, To all who shall see these presents
Greeting:
Know ye that WHEREAS William Keeton was at the
September term 1878 of the circuit court of Crawford
County convicted of petit larceny and thereby became di$^
qualified to be sworn as a witness or juror in any cause or
to vote at any election or to hold any office of honor profit
or trust within said state. Now THEREFORE I, Thomas T.
Crittenden, governor of the state of Missouri by virtue
of authority in me vested by law and for good and sufficient
reasons appearing do hereby remove the disabilities im-
posed upon the said William Keeton by reason of the con-
viction aforesaid
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
the state of Missouri: Done at the city of
Jefferson this fourth day of January in the year
(Seal) of our Lord One thousand eight hundred and
eighty four, of the Independence of the United
States the one hundred and eighth and of the
state of Missouri the sixty fourth.
THO. T. CRITTENBEN.
By the Governor:
MICH'L K. MCGRATH, Secretary of State
554 MESSAGES AND PROCURATIONS OF
OFFERING A REWARD
JANUARY 14T 1884
From the Register of Civil Proceeding, 1S8$-1885, p. £98
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS Thomas T. Dickson was convicted of murder
in the first degree in the circuit court of Stoddard County
and has escaped from jail of said County and is now a
fugitive from justice.
Now THEREFORE I, Thomas T. Crittenden, governor
of the state of Missouri, by virtue of authority in me vested,
and for good and sufficient reasons appearing, do hereby
offer a reward of Two hundred and fifty dollars for the arrest
and delivery of said Thomas T. Dickson to the sheriff of
said county of Stoddard at Bloomfield the county seat
thereof at any time within one year from the date of these
presents
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri. Done at the city of
Jefferson this 14th day of January AD 1884
THO. T. CRITTENDEN
By the Governor:
MICH'L K. MCGRATH, Secretary of State
ON REMOVAL OF DISABILITIES
JANUARY 18, 1884
From the Register of Civil Proceedings, 1882-1885, p. SOO
The State of Missouri, To all who shall see these presents —
Greeting:
Know ye that WHEREAS Charles K. Quick, was con-
victed of petit larceny in the county of Newton and thereby
GOVERNOR THOMAS THEODORE CRITTENDEN. 555
became disqualified to be sworn as a witness or juror in any
cause or to vote at any election or to hold any office of
honor, profit or trust within said state.
Now THEREFORE, I, Thomas T. Crittenden, governor
of the state of Missouri, by virtue of authority in me vested
by law, and for good and sufficient reasons appearing do
hereby remove the disabilities imposed upon the said
Charles K. Quick by reason of the conviction aforesaid.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the Great Seal of
the State of Missouri. Done at the city of
Jefferson this eighteenth day of January in the
(Seal) year of Our Lord one thousand eight hundred
and eighty-four, of the independence of the
United States the one hundred and eighth and
of the State of Missouri the sixth-fourth.
THO. T. CRITTENDEN
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
ON REMOVAL OF DISABILITIES
JANUARY 18, 1884
From the Register of Civil Proceedings, 1882-1885, pp. SOO-SQ1
The State of Missouri, To all who shall see these presents —
Greeting:
Know ye that WHEREAS John Childers was convicted
of petit larceny in the county of Newton, and thereby be-
came disqualified to be sworn as a witness or juror in any
cause or to vote at any election or to hold any office of
honor, profit or trust within said state.
Now THEREFORE, I, Thomas T. Crittenden, governor
of the state of Missouri, by virtue of authority in me vested
by law, and for good and sufficient reasons appearing do
hereby remove the disabilities imposed upon the said
John Childers by reason of the conviction aforesaid.
556 MBSSAOES AND PROCLAMATIONS OF
la Testimony Whereof I have hereunto set my
hand and caused to be affixed the Great Seal of
the State of Missouri — Done at the city of
Jefferson this eighteenth day of January in
(Seal) the year of Our Lord One thousand eight hundred
and eighty four; of the independence of the
United States the one hundredth and eighth and
of the State of Missouri the sixty fourth.
THO. T. CHITTENDEN
By the Governor:
MICH'L K, MCGRATH, Secretary of State
ON REMOVAL OF DISABILITIES
JANUARY 18, 1SS4
the Register of Civil Proceedings, 18SS-1885, p. 301
The State of Missouri, To all who shall see these presents —
Greeting:
Know ye that WHEREAS Nathan Owen was convicted
of petit larceny in the county of Newton and thereby be-
came disqualified to be sworn as a witness or juror in any
cause, or to vote at any election, or to hold any office of
honor, profit or trust within said state
Now THEREFORE, I, Thomas T. Crittenden governor
of the state of Missouri, by virtue of authority in me vested
by law, and for good and sufficient reasons appearing, do
hereby remove the disabilities imposed upon the said
Nathan Owen by reason of the conviction aforesaid
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the Great Seal of
the state of Missouri; Done at the city of
Jefferson this eighteenth day of January in the
(Seal) year of Our Lord one thousand eight hundred
and eighty four — of the independence of the
GOVERNOR THOMAS THEODORE CRITTENDEN. 557
United States the one hundred and eighth and
of the State of Missouri the sixty fourth
THO. T. CRITTENDEN
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
ON THE INDEBTEDNESS OF THE STATE OF MIS-
SOURI TO THE STATE BOARD OF EDUCATION
JANUARY 22, 1884
From the Register of Civil Proceedings, 1888-1885, pp. S04-S05
The State of Missouri, To all who shall see these presents —
Greeting:
Know ye that it is hereby certified that the State of
Missouri Is indebted to the State Board of Education of
said state, as trustee of the State Seminary Fund of said
state, in the sum of One hundred thousand dollars, payable
twenty years after date, upon which sum the said state
hereby promises to pay to the State Board of Education,
as trustee, as aforesaid, interest semi-annually at the rate of
five per centutn per annum, out of any money in the state
treasury not otherwise appropriated, said interest to be
paid on the first days of January and July of each year and
to be applied by the Board of Curators of the State Uni-
versity as required by law. This Certificate of Indebted-
ness represents a certain sum of money paid into the state
treasury by the treasurer of the Board of Curators of the
State University on the twentieth day of July 1883, said
sum of money being proceeds derived from the sale of One
hundred bonds of the State of Missouri of the denomina-
tion of One thousand dollars each, which were issued under
an act of the General Assembly, approved March 2$th
1872 entitled: **An act for the benefit of the State Uni-
versity, the Agricultural and Mechanical College of Mis-
souri and the school of Mines and Metallurgy, and to
558 MESSAGES AND PROCLAMATIONS OF
settle the account between the state and the seminary fund,
arising from the sale of the stock held by the state in the
Bank of the State of Missouri in trust for the seminary
fund— The Certificate is non-negotiable, inconvertible and
non transferable, and is issued in compliance with an act
of the general assembly of the state of Missouri, approved
March 31st 1883 and entitled "An act to provide for the
permanent investment of any moneys remaining in the
State Treasury and belonging to either the public school
fund or seminary fund of the state, or that may hereafter be
paid into the state treasury etc."
In Witness Whereof I have hereunto set my hand
and caused to be affixed the great seal of the
(Seal) state of Missouri. Done at office in the city of
Jefferson, Missouri, this 22nd day of January
1884.
THO. T. CRITTENDEN
By the Governor:
MICH'L K. MCGRATH, Secretary of State
ON THE INDEBTEDNESS OF THE STATE OF MIS-
SOURI TO THE STATE BOARD OF EDUCATION
JANUARY 30, 1884
From the Register of Civil Proceedings, 1882-1885, pp. S55-S56
The State of Missouri, To all who shall see these presents —
Greeting:
Know ye that — It is hereby certified that the State of
Missouri is indebted to the State Board of Education of
said state, as trustee for the State Seminary fund of said
state; in the sum of Five Thousand dollars payable twenty
years after date, upon which sum the said state hereby
promises to pay to the State Board of Education, as trustee
as aforesaid, interest semi-annually at the rate of five per
centum per annum, out of any money in the State Treasury
not otherwise appropriated, said interest to be paid on the
GOVERNOR THOMAS THEODORE CRITTENDEN. 559
first days of January and July of each year, and applied
to the maintenance of the Agricultural College and School
of Mines, as provided by law.
This certificate of indebtedness represents certain sums
of money paid into the state treasury by the treasurer of the
board of curators of the State University on the 30th day of
January 1884, said money being the proceeds derived from
the sale of the agricultural college lands donated to the
state of Missouri by virtue of an act of congress, approved
July second 1862, entitled "An act donating public lands to
the several states and territories which may provide colleges
for the benefit of agriculture and the mechanic arts" It
is non negotiable and is issued in compliance with an act of
the general assembly of the State of Missouri, approved
March 31st 1883 and entitled "An act to provide for the
permanent investment of any moneys remaining in the
state treasury and belonging to either the public school fund
or seminary fund of the state, or that may hereafter be
paid into the state treasury etc/'
In Witness Whereof I have hereunto set my hand
and caused to be affixed the great seal of the
(Seal) state of Missouri. Done at office in the city of
Jefferson, Missouri, this 30th day of Jan'y 1884.
THO. T. CRITTENDEN
By the Governor:
MICH'L K. MCGRATH, Secretary of State
OFFERING A REWARD
FEBRUARY 20, 1884
From the Register of Civil Proceeding, 1882-1885, p. Sid
STATE OF MISSOURI, EXECUTIVE OFFICE.
WHEREAS — James Wingfield is charged with the murder
of B. Hinck in the county of Dent, and has fled from justice
and cannot be arrested by ordinary process of law.
MESSAGES AND PROCLAMATIONS OF
Now THEBEFORE I, Thomas T. Crittenden, governor
of the State of Missouri, by virtue of authority in me
vested, and for good and sufficient reasons appearing, do
hereby offer a reward of One hundred and fifty dollars for
the arrest and delivery of said James Wingfield to the
sheriff of said county of Dent, at Salem the county seat
thereof, at any time within one year from the date of these
presents.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri* Done at the city of
Jefferson this 20th day of February A. D.
1884.
THO. T. CRITTENDEN
By th^ Governor:
MICH'L K. MCGRATH, Secretary of State
OFFERING A REWARD
MARCH 24, 1884
the Register of CMl Proceedings, 1888-1885, p. S$%
STATE of MISSOUBI, EXECUTIVE DEPARTMENT.
WHEREAS Fletcher Franklin is charged with the murder
of David W. Mullins in the county of Sullivan, and has
fled from justice and cannot be arrested by ordinary process
of law.
Now THEREFORE I, Thomas T. Crittenden, governor
of the State of Missouri, by virtue of authority in me vested,
and for good and sufficient reasons appearing, do hereby
offer a reward of Two hundred and fifty dollars for the
arrest and conviction of said Fletcher Franklin; one hundred
and fifty dollars to be paid on his arrest and delivery to the
sheriff of Sullivan County, at Milan the county seat thereof
at $ny tip$ within $ae year from the date hereof; and one
bufccjbnecl tJcilto t$ b$ paid <m conviction of the accused of
the crime
GOVERNOR THOMAS THEODORE CRITTBNDEN. 501
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the Great Seal
(Seal) of the State of Missouri. Done at the City of
Jefferson this 24th day of March A. D. 1884.
THO. T. CRITTENDEN
By the Governor:
MICH'L K. MCGRATH, Secretary of State
ON REMOVAL OF DISABILITIES
APRIL 4, 1884
From the Register of Civil Proceedings, 1882-1885, p. SS8
The State of Missouri, To all who shall see these presents —
Greeting:
Know ye that — WHEREAS Jacob Goetz was on the
eighteenth day of December eighteen hundred and seventy
seven, by a judgment of the St. Louis Criminal Court con-
victed of petit larceny and sentenced to imprisonment IB
the Workhouse of said city for a term of six months, and
the said Jacob Goetz having been discharged from his said
imprisonment, Now, THEREFORE, I, Thomas T. Crittenden,
governor of the state of Missouri, by virtue of authority in
me vested by law, and for good and sufficient reasons ap-
pearing, do hereby remove the disabilities imposed upon
the said Jacob Goetz by reason of the conviction and sentence
aforesaid.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
the State of Missouri. Done at the City of
Jefferson this fourth day of April in the year of
(Seal) our Lord one thousand and eight hundred and
eighty-four, of the independence of the United
States the one hundred and eighth and of the
State of Missouri the sixth fourth.
THO. T, CRITTENDEN
By the Governor:
MICH'L K. MCGRATH, Secretary of State
562 MESSAGES AND PROCLAMATIONS OF
OFFERING A REWARD
APRIL 5, 1884
From the Register of Civil Proceedings, 1888-1885, p. SS9
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS James Dickey stands charged by indictment
with the murder of James Manning in the county of Mc-
Donald, and has fled from justice and cannot be arrested
by ordinary process of law. Now THEREFORE, I, Thomas
T. Grittenden, governor of the State of Missouri, by virtue
of authority in me vested, and for good and sufficient
reasons appearing, do hereby offer a reward of two hundred
dollars for the arrest and conviction of said James Dickey;
One hundred dollars to be paid on the delivery of said
Dickey to the sheriff of McDonald county at Pineville,
the county seat thereof, at any time within one year from
the date hereof; and one hundred dollars on his conviction
of the crime aforesaid.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri — Done at the City of
Jefferson, this 5th day of April, 1884.
THO. T. CRITTENDEN
By the Governor:
MICH'L K. MCGRATH, Secretary of State
OFFERING A REWARD
APRIL 16, 1884
From the Register of Civil Proceedings, 1882-1885, p. 344
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS it has been made known to me that on Jan-
uary 21st 1884, in the county of Jefferson, Louis Bonecker
and Josephine Bonecker, his wife were murdered at their
GOVERNOR THOMAS THEODORE CRITTENDEN. 563
home in said county by some persons to me unknown; and
WHEREAS said person or persons have fled from justice and
cannot be arrested by ordinary process of law.
Now THEREFORE I, Thomas T. Crittenden, governor
of the state of Missouri by virtue of authority in me vested
and for good and sufficient reasons appearing do hereby
offer a reward of One hundred and fifty dollars for the arrest
and conviction of the murderer or murderers of said Louis
Bonecker and Josephine Bonecker.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the Great seal
(Seal) of the State of Missouri. Done at the city of
Jefferson this 16th day of April A. D. 1884
THOMAS T. CRITTENDEN
By the Governor:
MICH'L K. McGRATH, Secretary of State
ON THE INDEBTEDNESS OF THE STATE OF MIS-
SOURI TO THE STATE BOARD OF EDUCATION
APRIL 19, 1884
From the Register of Civil Proceedings, 188%-1885, pp. $56-887
The State of Missouri, To all who shall see these presents —
Greeting:
Know ye that it is hereby certified that the State of
Missouri is indebted to the State Board of Education, of
said state, as trustee for the State Seminary fund of said
state, in the sum of Thirty-five thousand dollars payable
twenty years after date, upon which sum the said state
hereby promises to pay to the State Board of Education,
as trustee as aforesaid, interest semi annually at the rate of
five per centum per annum, out of any money in the state
treasury not otherwise appropriated, said interest to be
paid on the first days of January and July of each year and
applied to the maintenance of the Agricultural College and
School of Mines as provided by law.
564 MESSAGES AND PROCLAMATIONS OF
This certificate of indebtedness represents certain
sums of money paid into the state treasury by the treasurer
of the board of curators of the State University on the
nineteenth day of April 1884, said money being the proceeds
derived from the sale of the Agricultural College Lands
donated to the state of Missouri by virtue of an act of
Congress approved July second 1862 entitled "An act
donating public lands to the several states and territories
which may provide Colleges for the benefit of Agriculture
and the Mechanic Arts" It is non-negotiable and is issued
in compliance with an act of the geneial assembly of the
State of Missouri, approved March thirty first — 188S, and
entitled **An act to provide for the permanent investment
of any moneys remaining in the State treasury and belong-
ing to either the public school fund or seminary fund of the
state, or that may hereafter be paid into the state treasury
etc"
In Witness Whereof I have hereunto set my hand
and caused to be affixed the great seal of the
(Seal) State of Missouri. Done at office in the city of
Jefferson Missouri, this 19th day of April
1884.
THO. T. CRITTENDEN
By the Governor:
MICH'L K. McGRATH, Secretary of State
OFFERING A REWARD
MAT 7, 1884
From the Register of Civil Proceedings, 1838-188$, p. S5S
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS Oliver L. Bell, is charged with the murder of
W, C. Whitehouse in the county of Crawford, and has fled
from justice and cannot be arrested by ordinary process of
law.
GOVERNOR THOMAS THEOXX>RE CRITTENDEN. 565
Now THEREFORE I, Thomas T. Crittenden, governor
of the State of Missouri, by virtue of authority in me
vested, and for good and sufficient reasons appearing, do
hereby offer a reward of One hundred dollars for the arrest
and conviction of said Oliver L. Bell of the crime afore-
said.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of the
(Seal) State of Missouri. Done at the city of Jeffer-
son on this 7th day of May AD* 1884.
THO. T. CRITTENDEN
By the Governor:
MICH'L K. MCGRATH, Secretary of State
ON DECLARING CERTAIN COMMISSIONS
VACATED
MAT 8, 1884
From the Register of Civil Proceedings, 1882-1885, p. 864
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
By virtue of authority in me vested I, Thomas T.
Crittenden, governor of the State of Missouri, hereby
declare vacated, from and after the first day of June 1884,
the commission heretofore issued to C. C. Burrill as a com-
missioner of deeds for the State of Missouri in the State of
Maine and the commission heretofore issued to J. L. Bright
as a commissioner of deeds for the state of Missouri the
state of New York They having failed to qualify as such
commissioners as required by section 641 of the revised
statutes of the state of Missouri, 1879.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the city of
Jefferson this 8th day of May AD. 1884.
THO. T. CRITTENDEN
By the Governor:
MICH'L K. MCGRATH, Secretary of State
566 MESSAGES AND PROCLAMATIONS OF
ON REMOVAL OF DISABILITIES
JUNE 2, 1884
From the Register of Civil Proceedings, 183^1885, pp. S66-S67
The State of Missouri, To all who shall see these presents-
Greeting:
Know ye that \\HEREAS Jasper H. Mooney was con-
victed in the circuit court of Andrew county and sentenced
to imprisonment in the penitentiary of this state for a
term of two years for the crime of perjury and the said
Jasper H. Mooney having been discharged from his im-
prisonment. Now THEREFORE, I, Thomas T. Crittenden,
Governor of the State of Missouri, by virtue of authority
in me vested by law, and for good and sufficient reasons
appearing do hereby remove the disabilities imposed upon
the said Jasper H. Mooney by reason of the conviction
and sentence aforesaid.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
the state of Missouri. Done at the city of
Jefferson this second day of June in the year of
(Seal) our Lord one thousand eight hundred and
eighty four, of the independence of the United
States the one hundred and eighth, and the
State of Missouri the sixty-fourth.
THO. T. CRITTENDEN
By the Governor:
MICH'L K. McGRATH, Secretary of State.
OFFERING A REWARD
JUNE 17, 1884
From the Register of Civil Proceedings, 1882-1885, p. $78
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS, it has been made known to me that on the
night of the seventeenth day of May 1884 at Wolf Island,
GOVERNOR THOMAS THEODORE CRITTENDEN. 567
near Wellington Lafayette county, Philip Schneider, the
mate of the steamer Montano, was taken from the boat by
some unknown persons and great violence committed upon
his person
Now THEREFORE I, Thomas T. Crittenden, governor
of the State of Missouri, by virtue of authority in me vested,
and for good and sufficient reasons appearing, do hereby
offer a reward of One hundred and fifty dollars for the arrest
and conviction of said unknown persons of the crime
aforesaid
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri. Done at the city of
Jefferson this 17th day of June 1884
THO. T. CRITTENDEN
By the Governor:
MICH'L K. MCGRATH, Secretary of State
OFFERING A REWARD
JUNE 18, 1884
From the Register of Civil Proceedings, 1882-1888, p. $74
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS L. Z. Johnson is charged with the murder
of Arch Ferrell on the 20th day of May 1884, in Phelps
county and has fled from justice and cannot be arrested
by ordinary process of law.
Now THEREFORE I, Thomas T. Crittenden, governor
of the state of Missouri, by virtue of authority in me vested
and for good and sufficient reasons appearing do hereby
offer a reward of One hundred dollars for the arrest and
delivery of said L. Z. Johnson to the sheriff of Phelps county
at Rolla at any time within one year from the date hereof.
568 MESSAGES AND PROCLAMATIONS OF
In Testimony Whereof I have heretuno set my
hand and caused to be affixed the great seal
(Seal) of the State of Missouri. Done at the city of
Jefferson this 18th day of June 1884.
THO. T, CRITTENDEN.
By the governor:
MICH'L K. McGRATH, Secretary of State.
OFFERING A REWARD
JUNE 21, 1884
From the Register of Civil Proceedings, 1882-1885, p. 376
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS, Lewis Wampler is charged with the murder
of John H. Anderson in the county of Bates, Missouri, and
having enticed the wife and five children of said Anderson
into Kansas and there murdering them, and has fled from
justice and cannot be arrested by ordinary process of law.
Now THEREFORE I, Thomas T. Crittenden, governor
of the state of Missouri, by virtue of authority in me vested
and for good and sufficient reasons appearing, do hereby
offer a reward of Three Hundred dollars for the arrest and
conviction of said Lewis Wampler of the crime aforesaid
if in the state of Missouri.
In Testimony \Vhereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri. Done at the city of
Jefferson this 21st day of June 1884
THO. T. CRITTENDEN
By the governor:
MICH'L K. MCGRATH, Secretary of State
GOVERNOR THOMAS THEODORE CRITTENDEN. 569
ON REMO VAL OF DISA BILITIES
JULY 12, 1884
From the Register of Civil Proceedings, 1882-1885, p. S8&
The State of Missouri, To all who shall see these presents —
Greeting:
Know Ye that WHEREAS James Cunningham was, at
the October term 1882 of the circuit court of Clark County,
convicted of grand larceny and sentenced to the peni-
tentiary of this state for the term of two years; and the said
Cunningham having been discharged from his said imprison-
ment Now THEREFORE I, Thomas T. Crittenden, governor
of the State of Missouri, by virtue of authority in me vested
by law, and for good and sufficient reasons appearing, do
hereby remove the disabilities imposed upon the said James
Cunningham by reason of the conviction and sentence
aforesaid. '
In Testimony "Whereof I have hereunto set my
hand and caused to be affixed the great seal of
the state of Missouri. Done at the city of
Jefferson this twelfth day of July in the year of
Our Lord one thousand eight hundred and
eighty-four, of the independence of the United
States the one hundred and ninth and of the
state of Missouri the sixth fourth.
THCU T. CRITTENDEN
By the Governor:
MICH'L K. McGRATH, Secretary of State
OFFERING A REWARD
JULY 14, 1884
From the Register <?/ Civil Proceedings, 18$8~188$, p. $89
STATE OF MISSOUBI, EXECUTIVE DEPARTMENT.
WHEREAS it has been made known to me that on the
third day of July 1884, in the county of Morgan one John
570 MESSAGES AND PROCLAMATIONS OF
W. Bonham was murdered on the public highway by some
unknown person who has fled from justice and cannot be
arrested by ordinary process of law. Now THEREFORE I,
Thomas T. Crittenden, governor of the state of Missouri,
by virtue of authority in me vested and for good and suffi-
cient reasons appearing, do hereby offer a reward of One
Hundred and Fifty dollars for the arrest and conviction
of said unknown person of the crime aforesaid.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the Great Seal of
(Seal) the State of Missouri. Done at the city of
Jefferson this 14th day of July AD. 1884.
THO. T. CRITTENDEN
By the governor:
MICH'L K. MCGRATH, Secretary of State
ON REMOVAL OF DISABILITIES
JULY 18, 1884
From the Register of Civil Proceedings, 1888-1885, p. S85
The State of Missouri, To all who shall see these presents —
Greeting:
Know Ye That WHEREAS James M. Gover was at the
June term 1881 of the circuit court of Cooper county con-
victed of grand larceny and sentenced to the penitentiary
for a term of four years; and the said James M. Gover having
been discharged from his said imprisonment.
Now THEREFORE, I, Thomas T. Crittenden, governor
of the state of Missouri, by virtue of authority in me vested
by law, and for good and sufficient reasons appearing, do
hereby remove the disabilities imposed upon the said James
M. Gover by reason of the conviction and sentence afore-
said.
GOVERNOR THOMAS THEODORE CRITTENDEN. 571
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
the State of Missouri: Done at the City of
(Seal) Jefferson on eighteenth day of July in the year
of Our Lord One thousand eight hundred and
eighty four, of the independence of the United
States the one hundred and ninth and of the
State of Missouri the sixty fourth.
THO. T. CRITTENDEN
By the governor:
MICH'L K. MCGRATH, Secretary of State
OFFERING A REWARD
JULY 23, 1884
From the Register of Civil Proceedings, 1882-1885, pp. $86-387
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
"WHEREAS, Wesley Pritchett is charged with the murder
of John Vermillion in the county of Lawrence and has fled
from justice and cannot be arrested by ordinary process
of law.
Now THEREFORE, I Thomas T. Crittenden, governor
of the state of Missouri, by virtue of authority in me vested
and for good and sufficient reasons appearing do hereby
offer a reward of One hundred and fifty dollars for the arrest
and conviction of said Wesley Pritchett of the crime afore-
said.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this twenty third day of July A. D.
1884.
THO. T. CRITTENDEN
By the governor:
MICH'L K. MCGRATH, Secretary of State
572 MESSAGES AND PKOCLAMATIONS OF
OFFERING A REWARD
AUGUST 16, 1884
From the Register of Civil Proceedings, 188$-1885, p. 392
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
\VHEREAS it has been made known to me that in the
county of DeKalb one John Godwin has been murdered by
some persons to me unknown and who have fled from justice
and cannot be arrested by ordinary process of law.
Now THEREFORE I, Thomas T. Crittenden, governor
of the State of Missouri, by virtue of authority in me vested,
and for good and sufficient reasons appearing do hereby
offer a reward of One hundred and fifty dollars for the arrest
of said unknown persons and their conviction of the crime
aforesaid.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the city of
Jefferson this 16th day of August AD, 1884.
THO. T, CRITTENDEN.
By the Governor:
MJCH'L K. MCGRATH, Secretary of State
OFFERING A REWARD
AUGUST 16, 1884
From the Register of Civil Proceedings, 1882-1885, p. S93
STATE OF MISSOUBI, EXECUTIVE DEPARTMENT.
WHEREAS, it has been made known to me that in the
county of DeKalb an outrage has been committed upon
the person of Mrs. Joseph Truex by some persons to me un-
known, and who have fled from justice and cannot be arrested
by ordinary process of law.
GOVERNOR THOMAS THEODORE CRITTENDEN. 573
Now THEREFORE, I, Thomas T. Crittenden, governor
of the State of Missouri, by virtue of authority in me vested,
and for good and sufficient reasons appearing do hereby
offer a reward of One hundred and fifty dollars for the arrest
and conviction of said unknown persons of the crime afore-
said.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the Great Seal of
(Seal) the State of Missouri. Done at the city of
Jefferson this 16th day of August AD 1884.
THO. T. CRITTENDEN
By the Governor:
MIGH'L K. MCGRATH, Secretary of State
OJV REMO VAL OF DISABILITIES
AUGUST 25, 1884
From the Register of Civil Proceedings, 1B8$-1885, p. S98
The State of Missouri, To all who shall see these .presents —
Greeting:
Know ye that — WHEREAS L. J. Pierce was at the May
Term 1881 of the circuit court of Howell county, convicted
of felonous assault and sentenced to the penitentiary of this
state and the said L. J. Pierce having been discharged from
his said imprisonment
Now THEREFORE, I, Thomas T. Crittenden, governor
of the state of Missouri, by virtue of authority in me vested
by law, and for good and sufficient reasons appearing, do
hereby remove the disabilities imposed upon the said L. J.
Pierce by reason of the conviction and sentence aforesaid
In Testimony Whereof, I have hereunto set my
hand and caused to be affixed the great seal of
the State of Missouri: Done at the city of Jeffer-
son this twenty fifth day of August in the year
(Seal) of Our Lord one Thousand eight hundred and
574 MESSAGES AND PROCLAMATIONS OF
eighty four — of the Independence of the United
States the one hundred and ninth and of the
State of Missouri the sixty fifth.
THO. T. CRITTENDEN
By the Governor:
MICH'L K. McGRATH, Secretary of State
ON REMOVAL OF DISABILITIES
SEPTEMBER 6, 1884
From the Register of Civil Proceedings, 1888-1885, p. 402
The State of Missouri, To all who shall see these presents —
Greeting:
Know ye that WHEREAS, Martin H. Griffith was, at
the August term 1881 of the circuit court of Douglas county
convicted of forgery and sentenced to the penitentiary of
this state for a term of four years, and the said Martin H.
Griffith having been discharged from his said imprisonment
Now THEREFORE I, Thomas T. Crittenden, governor
of the state of Missouri, by virtue of authority in me vested
by law, and for good and sufficient reasons appearing, do
hereby remove the disabilities imposed upon the said Martin
H. Griffith by reason of the conviction and sentence afore-
said.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
the State of Missouri. Done at the city of
Jefferson this sixth day of September in the year
(Seal) of Our Lord one thousand eight hundred and
eighty-four, of the independence of the United
States the one hundred and ninth, and of the
State of Missouri the sixth fifth.
THO. T. CRITTENDEN
By the Governor:
MICH'L K. McGRATH, Secretary of State
GOVERNOR THOMAS THEODORE CRITTENDEN. 575
ON REMOVAL OF DISABILITIES
SEPTEMBER 6, 1884
prom the Register of Civil Proceedings, 1882-1885, p. 40$
The State of Missouri, To all who shall see these presents —
Greeting:
Know Ye That WHEREAS William Clendenen was at
the September term 1879 of the Criminal Court of Saline
County convicted of selling liquor without license, and there-
by became disqualified to obtain a license to keep a dram
shop within this state — Now THEREFORE I, Thomas T.
Crittenden governor of the State of Missouri, by virtue of
authority in me vested by law and for good and sufficient
reasons appearing do hereby remove the disabilities imposed
upon the said William Clendenen by reason of said con-
viction and judgment
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
the State of Missouri. Done at the City of
Jefferson this sixth day of September in the year
(Seal) of our Lord one thousand and eighty four,
of the Independence of the United States the
One hundred and ninth and of the State of Mis-
souri the sixty fifth.
THO. T. CRITTENDEN
By the Governor:
MICH'L K. MCGRATH, Secretary of State
OFFERING A REWARD
SEPTEMBER 11, 1884
From the Register of Civil Proceedings, 1888-1885, p. 405
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS Jeff Treadway is charged with the murder
of William Gift, in the county of Marion on the 29th day
576 MESSAGES AND PROCLAMATIONS OF
of September 1883, and has fled from justice and cannot be
arrested by ordinary process of law.
Now THEREFORE I, Thomas T. Crittenden governor of
the State of Missouri, by virtue of authority in me vested,
and for good and sufficient reasons appearing, do hereby
offer a reward of One hundred dollars for the arrest and
conviction of said Jeff Treadway of the crime aforesaid.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the Great Seal
(Seal) of the State of Missouri. Done at the City of
Jefferson this llth day of September 1884.
THO* T. CRITTENDEN
By the governor:
MICH'L K. MCGRATH, Secretary of State.
OFFERING A REWARD
SEPTEMBER 18, 1884
Fron the Register of Civil Proceedings, 1888-1885, p. 408
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS — Howard Adams is charged by indictment
with the crime of rape in the county of Moniteau and has
fled from justice and cannot be arrested by ordinary proc-
ess of law,
Now THEREFORE, I, Thomas T. Crittenden, governor
of the State of Missouri, by virtue of authority in me vested
and for good and sufficient reasons appearing do hereby
offer a reward of One hundred Dollars for the arrest and
conviction of said Howard Adams of the crime aforesaid.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the Great Seal of
(Seal) the State of Missouri — Done at the City of
Jefferson this 18th day of September 1884.
THO. T. CRITTENDEN
By the Governor:
MICH'L K, MCGRATH, Secretary of State
GOVERNOR THOMAS THEODORE CRITTENDEN, 577
ON REMO VAL OF DISABILITIES
OCTOBER 16, 1884
From the Register of Civil Proceedings, 1882-1885, p. 41 6*
The State of Missouri, To all who shall see these presents —
Greeting:
Know ye that, WHEREAS George Haworth was, at the
February term 1881 of the circuit court of Wright county
convicted of petit-larceny and fined Twenty dollars, Now,
THEREFORE, I, Thomas T. Crittenden, Governor of the
State of Missouri, by virtue of authority in me vested by
law, and for good and sufficient reasons appearing, do hereby
remove the disabilities imposed upon the said George
Haworth by reason of the conviction and sentence afore-
said.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
the State of Missouri. Done at the city of
Jefferson this sixteenth day of October in the
(Seal) year of our Lord one thousand eight hundred and
eighty-four, of the independence of the United
States the one hundred and ninth and of the
State of Missouri the sixty fifth.
THO. T. CRITTENDEN
By the Governor:
MICH'L K. MCGRATH, Secretary of State.
ON REMOVAL OF DISABILITIES
OCTOBER 16, 1884
From the Register of Civil Proceedings, 1888-1885, pp. 416-417
The State of Missouri, To all who shall see these presents —
Greeting:
Know Ye that — WHEREAS, Nathaniel Haworth was
at the February term 1881, of the circuit court of Wright
578 MESSAGES AND PROCLAMATIONS OF
county, convicted of petit larceny and fined one hundred
dollars.
Now THEREFORE, I,* Thomas T. Crittenden, governor
of the State of Missouri, by virtue of authority in me vested
by law, and for good and sufficient reasons appearing, do
hereby remove the disabilities imposed upon the said
Nathaniel Haworth by reason of the conviction and sentence
aforesaid.
In Testimony Whereof, I have hereunto set my
hand and caused to be affixed the great seal of
the State of Missouri — Done at the city of
Jefferson this sixteenth day of October in the year
(Seal) of Our Lord one thousand eight hundred and
eighty four; of the independence of the United
States the one hundred and ninth, and of the
State of Missouri the sixty fifth —
THO. T. CRITTENDKN
By the governor:
MICH'L K. MCGRATH, Secretary of State
ON REMOVAL OF DISABILITIES
OCTOBER 24, 1884
From the Register of Civil Proceedings, 1882-1885, p. 4%0
The State of Missouri, To all who shall see these presents —
Greeting:
Know ye that — WHEREAS John Hackney was, at the
March term 1881 of the criminal court of Lafayette County,
convicted of manslaughter in the third degree and sentenced
to the penitentiary of this state for the term of three years;
and the said John Hackney having discharged from his
said imprisonment. Now THEREFORE, I, Thomas T. Grit-
tenden, governor of the State of Missouri, by virtue of
authority in me vested by law and for good and sufficient
reasons appearing, do hereby remove the disabilities im~
. GOVERNOR THOMAS THEODORE CRITTENDEN. 579
posed upon the said John Hackney by reason of the con-
viction and sentence aforesaid.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
the State of Missouri: Done at the City of
Jefferson this twenty fourth day of October in
(Seal) the year of Our Lord one thousand eight hundred
and eighty four, of the Independence of the
United States the one hundred and ninth, and
of the State of Missouri the sixty fifth.
THO. T. CRITTENDEN
By the governor:
MICH'L K. MCGRATH, Secretary of State
ON MAINTAINING ORDER AT THE POLLS
NOVEMBER 1, 1884
From the Register of Civil Proceedings, 188$-1885> pp.
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS it has come to my knowledge that the Fed-
eral authorities within the state have thought it necessary,
at the approaching election to be held within this state
under state laws, to appoint a large number of deputy
United States marshals who are to attend at various vot-
ing places in this state for the ostensible purpose of preserv-
ing the p^ace and protecting the electors of the state in the
exercise of the right of suffrage: And WHEREAS, it is to be
presumed, in favor of this extraordinary action of the
Federal government, that some unusual grounds of ap-
prehended danger, to the lawful electors in exercising such
right of suffrage, exists: *and WHEREAS it is the duty,
under the constitution and laws of this state, that the chief
executive of the state should employ all the agencies law-
is
580 MESSAGES AND PROCLAMATIONS OF
fully at his command to enforce the laws and protect the
citizen in the exercise of his lawful rights, to preserve the
public peace and order of the state; and believing that the
police power of the state is amply adequate for such pur-
pose. Now THEREFORE, I, Thomas T. Crittenden, governor
of the State of Missouri, do hereby call upon all sheriffs,
marshals* chiefs of police, constables and other peace and
police officers within this state to make such arrangements,
by the appointment of extra deputies or otherwise, as to
them shall seem most prudent within the law, as will insure
peace, good order and tranquility at every voting precinct
in Missouri, and as will protect and defend every citizen of
Missouri who is lawfully entitled to vote, of whatever
nationality, color or political faith, in his right to cast his
ballot without interruption, fear, hindrance, or interference
from any source. And, in the protection of the free people
of Missouri in the exercise of this high prerogative of free-
man, I call upon every honest citizen, who values his own
liberty, to assist any state or municipal officer in the pres-
ervation of the peace and the detection and arrest of all
persons who shall attempt illegally to vote, whenever re-
quired by such officers so to do. And I particularly call
upon the chief police officers of the various cities of Mis-
souri, and especially of St. Louis, Kansas City and St.
Joseph to give their officers special charge concerning this
matter, and to see that each voting precinct and polling
place is so protected as to prevent any interference with the
right of the citizen from any source.
In Testimony \Vhereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this 1st day of November AD. 1884.
THO, T. CRITTENDEN
By the Governor:
K. MC&RATH, Secretary of State
GOVERNOR THOMAS THEODORE CRITTEKDEN. 581
ON THANKSGIVING
KOVEMBEH 10, 1884
From the Register of Civil Proceeding*, 1888-1885, p. 4*9
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
In obedience to immemorial custom and in pursuance
of the suggestion of the president of the United States, I,
Thomas T. Crittenden, governor of the State of Missouri,
do hereby designate Thursday November 27th as a day of
Thanksgiving: and I recommend that on that day the
people abstain from all secular pursuits, and in their homes
or at their respective places of worship, they lift their
hearts and voices in praise, thanksgiving and adoration to
Almighty God as a just recognition of the tender mercy and
loving kindness so bomatifully lavished upom us. Let all
the people render devout praise for the peace, happiness and
prosperity of the country.
In Testimony Whereof I hav© hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the city of
Jefferson this 10th day of November A. D.
1884.
THCX T. CRITTENDEN
By the governor:
MICH'L K. MCGRATH, Secretary of State.
ON REMOVAL OF DISABILITIES
NOVEMBER 19, 1884
From the Register of Civil Preeee&nffe, 18S&-18S&, p. 4$$
The State of Mi$£&mri* To all who shall see these presents —
Greeting:
Know ye that — WHEREAS, Alfred Spencer was, at the
September term 1881 of the circuit court of Platte county,
convicted of manslaughter in the fourth degree and sen-
582 MESSAGES AND PROCLAMATIONS OF
tenced to the penitentiary of this state for a term of two
years, and the said Alfred Spencer having been discharged
from his said imprisonment, Now THEREFORE I, Thomas
T. Crittenden, governor of the State of Missouri, by virtue
of authority in me vested by law, and for good and sufficient
reasons appearing, do hereby remove the disabilities im-
posed upon the said Alfred Spencer by reason of the con-
viction and sentence aforesaid.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
the state of Missouri. Done at the city of
Jefferson this nineteenth day of November in
(Seal) the year of Our Lord one thousand eight hundred
and eighty four, of the independence of the
United States the one hundred and ninth, and
of the State of Missouri the sixty fifth.
THO. T. CRITTENDEN
By the Governor:
MICH'L K. McGRATH, Secretary of State
OFFERING A REWARD
NOVEMBER 19, 1884
From the Register of Civil Proceedings, 1888-1886, p. 4&4
STATE OP MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS Bob Clark (colored) is charged with the
murder of Samuel Davis at Birds Point, in Mississippi
county on the 5th day of September 1884, and has fled from
justice, and cannot be arrested by ordinary process of law,
Now THEREFORE, I Thomas T. Crittenden, governor of the
state of Missouri, by virtue of authority in me vested, and
for good and sufficient reasons appearing, do hereby offer a
reward of One hundred dollars for the arrest and conviction
of said Bob Clark of the crime aforesaid.
GOVERNOR THOMAS THEODORE CRITTEN0EN. 583
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri. Done at the City of
Jefferson this 19th day of November A. D.
1884.
THO. T. CRITTENDEN
By the Governor:
MICH'L K. McGRATH, Secretary of State
ON AN AMENDMENT TO THE STATE
CONSTITUTION
NOVEMBER 21, 1884
From the Register of Civil Proceedings, 1888-1885, p. 467-470
STATE OF MISSOURI, EXECUTIVE DEPARTMENT. .
WHEREAS the Thirty second General Assembly of the
State of Missouri, at its regular session begun and held on
the third day of January A. D. 1883, required by its con-
current resolution of March 29 AD 1883, the submitting
to the qualified voters of said state, to be voted on at the
general election to be held on the Tuesday next following
the first Monday in November AD 1884, the following
amendment to the Constitution of the State of Missouri,
concerning the Judicial Department, to wit:
Section 1. The jurisdiction of the St. Louis court of
Appeals is hereby extended so as to be co-extensive with
the counties of Monroe, Shelby, Knox, Scotland, Clark,
Lewis, Marion, Rails, Pike, Lincoln, Warren, St. Charles,
St. Louis, Jefferson, Ste. Genevieve, Perry, Cape Gir-
ardeau, Scott, Mississippi, New Madrid, Pemiscot, Dunk-
lin, Stoddard, Wayne, Bellinger, Madison, St. Francois,
Washington, Franklin, Crawford, Iron, Reynolds, Carter,
Butler, Ripley, Oregon, Shannon, Dent, Phelps, Pulaski,
Texas, Howell, Ozark, Douglas, Wright, Laclede, Webster,
Christian, Taney, Stone,, Greene, Lawrence, Barry, New-
584 MESSAGES AJTO PHOCIAMAT1ONS OF
ton, and McDonald, as well as the city of St. Louis; and
each judge thereof, when hereafter elected, shall be elected
by the qualified voters of the counties and of the city under
the jurisdiction of said court* and shall be a resident of the
said territorial appellate district.
See. 2L There is hereby established at Kansas City
aa appellate court, to be known as the Kansas City court of
appeals, the jurisdiction of which shall be co-extensive with
ai! the counties in the state, except thoie embraced in the
jurisdiction of the St. Louis court of appeals. There shall
be held in each year two terms of &aid Kansas City court of
appeals, one on the first Monday of Marcli and one on the
first Monday of October. Ttte Kansas City Court of
Appeals shall consist of three judges, who shall be elected
by tli« qualified voters of the counties under the jurisdic-
tion of said court, and shall be residents of said territorial
appellate district —
Sec. 3. The general assembly shall have power by
law to create one additional court of appeals, with a new
district therefor; to change the limits of the appellate dis-
tricts, and the names of the courts of appeals, designating
the districts by numbers or otherwise; to change the time
of holding the terms of said courts; to increase or diminish
the pecuniary limit of the jurisdiction of the courts of
appeals; to provide for the transfer of cases from one court
of appeals to another court of appeals; to provide for the
transfer of cases from a court of appeals to the Supreme
Court, and to provide for the hearing and determination of
such cases by the courts to which they may be transferred.
Sec. 4. The first term of said Kansas City court of
appeals shall be held on the first Monday of March in the
year 1885, and the first judges thereof shall, upon the adop-
tion of this amendment, be appointed by the governor of
said state for the term of four years each, beginning on the
first day of January, 1885» and at the general election in
the year 1888, the first election for the judges of said court
shall be held, and the provisions of the constitution of the
state concerning the organization, the judges, the powers,
GOVERNOR THOMAS THEODORE CRITTENDEN. 585
the jurisdiction and proceedings of the St. Louis court of
appeals as herein amended, shall in all appropriate respects
apply to the Kansas City Court of Appeals, and to such
additional court of appeals as may be by law created.
Sec. 5. In all causes or proceedings reviewable by the
supreme court, writs of error shall run from the supreme
court directly to the circuit courts and to courts having the
jurisdiction pertaining to circuit courts, and in all such
causes or proceedings, appeals shall lie from such trial
courts directly to the supreme court, and the supreme court
shall have exclusive jurisdiction of such writs of error and
appeals, and shall in all such cases exclusively exercise
superintending control over such trial courts.
Sec. 6. When any one of said courts of appeals shall
in any cause or proceeding render a decision which any one
of the judges therein sitting shall deem contrary to any
previous decision of any one of said courts of appeals, or
of the supreme court, the said court of appeals must, of
its own motion, pending the same term and not afterward,
certify and transfer said cause or proceeding and the original
transcript therein to the supreme court, and thereupon the
supreme court must rehear and determine said cause or
proceeding, as in case of jurisdiction obtained by ordinary
appellate process; and the last previous rulings of the
supreme court on any question of law or equity shall, in all
cases, be controlling authority in said court of appeals.
Sec. 7. All cases which may be pending inHhfc^upreme
court at the time of the adoption of this amendment, which
have. not been submitted, and which by its terms would
come within the territorial appellate jurisdiction of the
Kansas City Court of Appeals,' shall be certified and trans-
ferred to such court to be heard and determined by it.
Sec. 8. The supreme court shall have superintending
control over the courts of appeals by mandamus, pro-
hibition and certiorari.
Sec. 9. The state shall provide a suitable court room
at Kansas City in which the Kansas City Court of Appeals
586 MESSAGES AND PROCLAMATIONS OF
shall hold its sessions; also a clerk's office and furnished
offices for the judges.
Sec. 10. The judges of the Kansas City court of
appeals, and of such additional court of appeals as may be
created by law, shall each annually receive a salary of
three thousand five hundred dollars per annum, which
together with the entire salaries of the judges of the St.
Louis court of appeals, shall be paid out of the State treasury,
as the salaries of the judges of the supreme court are now
paid, unless otherwise provided by law.
Sec. 11. All provisions of the constitution of this
state, and all laws of this state which are inconsistent with
this amendment shall, so far as inconsistent, upon its
adoption be forever rescinded and of no effect.
And WHEREAS, it was certified to me by the secretary
of state, on the Twentieth day of November AD 1884,
that it is found from the returns of said Election that a
majority of the qualified voters of the state, voting for and
against said amendment, had voted at said election in
favor of said amendment —
Now THEREFORE I, Thomas T. Crittenden, governor
of the State of Missouri, in consideration of the premises
and in accordance with the requirements of sec. 6. of the
act of the general assembly of the State of Missouri, ap-
proved March 14, 1881 entitled "An act to provide for
the manner of submission of constitutional amendments to
a vote of the people," do hereby declare the amendment
aforesaid to be ratified by a majority of the qualified voters
of the state and to be valid and binding to all intents and
purposes as a part of the Constitution of the State of Mis-
souri.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the state of Missouri. Done at the city of
Jefferson this twenty first day of November A.
D. eighteen hundred and eighty four.
By the governor: THO. T. CRITTENDEN
MICH'L K. McGRATH, Secretarv of State
GOVERNOR THOMAS THEODORE CRITTENDEN. 587
OFFERING A REWARD
DECEMBER 17, 1884
From the Register of Civil Proceedings, 1882-1885, p. 484
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS Clifton Wade is charged by affidavit with
the murder of Robert Cummings in the county of Monroe
and has fled from justice and cannot be arrested by ordinary
process of law. Now THEREFORE I, Thomas T. Crittenden,
governor of the State of Missouri by virtue of authority
in me vested and for good and sufficient reasons appearing
do hereby offer a reward of One hundred dollars for the
arrest and delivery of said Clifton Wade to the sheriff of
said county of Monroe, at Paris the county seat thereof,
at any time within one year from the date of these presents.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the city of
Jefferson this 17th day of December A. D. 1884.
THO. T, CRITTENDEN
By the Governor:
MICH'L K. McGRATH, Secretary of State
ON REMOVAL OF DISABILITIES
DECEMBER 19, 1884
From the Register of Civil Proceedings, 1882-1885, p. 486
The State of Missouri, To all who shall see these presents —
Greeting:
Know Ye that WHEREAS Joseph B. Johnston was at
the March term 1884 of the circuit court of Nodaway county
convicted of illegal voting and sentenced to pay a fine of
Fifty dollars, and the said Joseph B. Johnston having paid
said fine and discharged
588 MESSAGES AND PROCLAMATIONS OF
Now THEREFORE I, Thomas T. Crittenden, governor
of the State of Missouri by virtue of authority in me vested
by law, and for good and sufficient reasons appearing do
hereby remove the disabilities imposed upon the said
Joseph B. Johnston by reason of the conviction and sentence
aforesaid.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
the State of Missouri. Done at the city of
Jefferson this 19th day of December in the year
(Seal) of our Lord One thousand eight hundred and
eighty-four of the independence of the United
States the one hundred and ninth, and of the
State of Missouri the sixty fifth —
THO. T. CRITTENDEN
By the Governor:
MICH'L K. MCGRATH, Secretary of State
OFFERING A REWARD
DECEMBER 29, 1884
from the Register of Civil Proceedings, 1882-1885, p. 490
STATE OF MISSOUBI, EXECUTIVE DEPARTMENT.
WHEREAS Giles Rice, jr., is charged by affidavit with
the crime of murder in the county of Chariton and has
fled from justice and cannot be arrested by ordinary process
of law, Now THEREFORE I, Thomas T. Crittenden,
governor of the State of Missouri by virtue of authority
in me vested, and for good and sufficient reasons appearing,
do hereby offer a reward of One hundred dollars for the
arrest of said Giles Rice, Jr,, and his delivery to the sheriff
of Chariton county at Keytesville the county seat thereof at
any time within one year from the date of these presents.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
GOVERNOR THOMAS THEODORE CRITTENDEN. 589
(Seal) the state of Missouri. Done at the city of
Jefferson this 29th day of December AD. 1884.
THO. T. CRITTENDEN
By the Governor:
MICH'L K. MCGRATH, Secretary of State
OFFERING A REWARD
JANUARY 3, 1885
From the Register of Civil Proceedings, 188%-1885> p. 498
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS John Patton is charged with the crime of
murder in the county of Reynolds, and has fled from justice
and cannot be arrested by ordinary process of law, Now
THEREFORE I, Thomas T. Crittenden, governor of the state
of Missouri, by virtue of authority in me vested, and for
good and sufficient reasons appearing do hereby offer a
reward of One hundred dollars for the arrest and conviction
of said John Patton of the crime aforesaid.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the city of
Jefferson this 3rd day of January AD. 1885.
THO. T. CRITTENDEN
By the Governor:
MICH'L K. MCGRATH, Secretary of State
ON REMOVAL OF DISABILITIES
JANUARY 0, 1885
From the Register of Civil Proceedings, 1882-1885, p. 496
The State of Missouri, To all who shall see these presents —
Greeting:
Know Ye that WHEREAS, William H. Heath was, at
the October term 1879 of the St. Louis Criminal Court,
590 MESSAGES AND PROCLAMATIONS OF
»
convicted of embezzlement and sentenced to the peniten-
tiary of this state for the term of ten years and the said
Heath having been discharged from his said imprisonment.
Now THEREFORE I, Thomas T. Crittenden, governor of
the State of Missouri, by virtue of authority in me vested
by law, and for good and sufficient reasons appearing do
hereby remove the disabilities imposed upon the said
William H. Heath by reason of the conviction and sentence
aforesaid.
In Testimony Whereof I have hereunto set my
hand and caused to be affixed the great seal of
the State of Missouri: Done at the city of
Jefferson this ninth day of January in the year
(Seal) of Our Lord one thousand eight hundred and
eighty five, of the Independence of the United
States the one hundred and ninth, and of the
State of Missouri the sixth fifth.
THO. T. CRITTENDEN
By the Governor:
MICH'L K. MCGRATH, Secretary of State
GOVERNOR THOMAS THEODORE CRITTENDEN. 591
MEMORANDA OF PROCLAMATIONS AND WRITS
OF ELECTION
MARCH 27, 1882
From the Register of Civil Proceedings, 1879-1882, p. 535
The Governor issued a writ to the sheriff of Franklin
county ordering a special election to be held in said county
on the 15th day of April 1882 for the purpose of electing a
representative from the second district therein to the
thirty first general assembly, to fill the vacancy caused by
the resignation of the Honorable Jos. S. Hayhurst.
MARCH 27, 1882
From the Register of Civil Proceedings, 1879-188%, p. 536
The Governor issued a writ to the sheriff of Rails
county ordering a special election to be held in said county
on the 15th day of April 1882 for the purpose of electing a
repfesentative to the Thirty first General Assembly from
said county to fill the vacancy therein caused by the death
of the Honorable Henry H. Priest.
MARCH 27, 1882
From the Register of Civil Proceedings, 1879-188%, p. 5S6
The Governor issued a writ to the sheriff of Atchison
county ordering a soecial election to be held in said county
on the 15th day of April 1882 for the purpose of electing a
representative to the Thirty first General Assembly from
MESSAGES AND PROCLAMATIONS OF
said county to fill the vacancy caused therein by the resigna-
tion of the Honorable Ezra M. Hurst.
MARCH 27, 1882
Prom the Register of Civil Proceedings, 1879-188%, p. 586
The Governor issued a writ to the sheriff of Dunklin
county ordering a special election to be held in said county
on the 15th day of April 1882 for the purpose of electing a
representative to the Thirty first General Assembly from
said county to fill the vacancy thereia eaused by the death
of the Honorable William M. Harkey.
MARCH 27, 1882
From the Register of Civil Proceedings, 1879-1882, p. 5S6
The Governor issued a writ to the sheriff of Johnson
county ordering a special Election to be held in said county
on the 15th day of April 1882 for the purpose of electing a
representative to the Thirty first General Assembly from
the Eastern district of said county to fill the vacancy therein
caused by the resignation of the Honorable "William J.
Workman.
AUGUST 29, 1882
From the Register of Civil Proceedings, 1879-188&, p. 617
The Governor issued writs of election to the sheriff of
the City of St. Louis and the sheriff of the county of St.
Louis ordering a special election to be held on the seventh
day of November 1882, in the second congressional district
(as established by the act of April 26, 1877 apportioning the
state into congressional districts) for the election of a
GOVERNOR THOMAS THEODORE CRITTENDEN. 593
representative in Congress from said district to fill the
vacancy in said district caused by the death of the Honor-
able Thomas Allen.
OCTOBER 3, 1882
From the Register of Civil Proceedings, 1888-1885, p. 1
The Governor issued writs of election to the sheriffs
of the counties of Daviess, Harrison, Gentry and "\Yorth,
composing the 28th Judicial Circuit, ordering a special
election to be held therein on the seventh day of November
1882 for the election of a judge of the said 28th judicial
circuit to fill the vacancy caused in said circuit by the death
of the Hon. John C. Howell.
OCTOBEB 5, 1882
From the Register of Civil Proceedings, 1882-1885, p. 4
The Governor issued ^rits of election to the sheriffs
of the counties of Buchanan and DeKalb, composing the
Twelfth Judicial Circuit, ordering a special election to be
held therein on the 7th day of November 1882 for a judge
of the circuit court to fill the vacancy in said 12th judicial
circuit caused by the death of the Honorable W. H. Sherman.
OCTOBER 5, 1882
From the Register of Civil Proceedings, 1882-1885, p. 4
The Governor issued a writ to the sheriff of Jackson
county, composing the Twenty fourth judicial circuit,
ordering a special election to be held therein on the 7th day
of November 1882 for a judge of the circuit court to fill the
vacancy in said 24th Judicial circuit caused by the death
of the Honorable S. H. Woodson.
594 MESSAGES AND PROCLAMATIONS OF
OCTOBER 9, 1884
From the Register of Civil Proceedings, 1888-1885, p. 414
The Governor issued- writs of election to the slicnuo
of the counties of Daviess, DeKalb, Gentry, Harrison and
Worth, composing the Fourth State Senatorial District,
ordering elections to be held in said counties on the Fourth
day of November 1884, for the election of a state senator
from said senatorial district to fill the vacancy therein
caused by the death of the Hon. Joseph Truex.
DECEMBEB23, 1884
From the Register of Civil Proceedings, 1882-1885, p. 488
The Governor issued writs of election to the sheriffs of
Buchanan and Andrew counties ordering an election to be
held in -said counties on Tuesday the 6th day of January
1885, for the election of a State senator from the second
senatorial district to fill the vacancy caused therein by the
resignation of Honorable R. T. Davis, presented to and
accepted by the governor on the 24th day of December
1884.
128577
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