353.9 Mo6m v.8
f ithlir Ethrarg
This Volume Is for
REFERENCE USE ONLY
The "
^Messages and 'Proclamations
01' Till
Qovernors
OF TUB
STATE of MISSOURI
tU'Jl) AND KWTIW HV
SARAH GUITAR
and
FLOYD C. SIIOKMAKKR, A. M.
SKCKI-.TAHV t>F TIIK KTATK l!i*m>KU'At<
VOLUMK VI 11
TUK STATE HISTORICAL SOCIETY IF MJSSOURI
COPYRIGHT 1926 BY
THK STATIC HISTORICAL SOCIKTY ()(' MISSOURI
PREPACK
This volume of Ihe "Messages and Proclamations of
I he (Governors of the Stale of Missouri*' includes the mes-
sages and proclamations of Governors William Joel Stone
(1893-1K97), and Lawrence Vest Stephens (1807-1901).
FLOYD 0, SHOKMAKKR.
Columbia, 192(1
cm)
CONTENTS VOLUME VIII
GOVERNOR WILLIAM JOEL STONE
PAGE
BIOGRAPHICAL SKETCH, By Oliver H. Hoss 3
INAUGUKAL ADDRESS 15
FlURT BlMNNIAL MESSAGE ... .20
EXTRA SEHBION MESSAGE . . .65
SECOND BIENNIAL MESSAGE . . . 78
VETO ]V1 EBHAGES
To tho House of Representatives ... . 112
Veto Recorded with the Secretary of State t . 118
Vote Rooordod with tho Secretary of State 120
Voto Recorded with tho Secretary of State. , . 121
Veto Recorded with the Secretary of State 123
Veto Rooordod with the Secretary of State. . , . 125
Veto Recorded with the Secretary of State . 129
To the Senate . . 136
To the HOUHO of Representatives . . . 136
To the IfoiiHo of Representatives . .... 138
To the HOUHO of Representatives . . . 139
To the Senate ... ... ... 141
To the HOUHO of Representatives 143
Veto Recorded with the Secretary of State '148
Voto Recorded with tho Secretary of State , 153
Veto Recorded with the Secretary of State . ... 153
Veto Recorded with the Secretary of State . . . 155
Voto Recorded with the Secretary of State 156
Voto Recorded wil.lt the Secretary of State . . , 157
Veto Recorded with the Secretary of State 158
Voto Recorded with tho Secretary of State .... 159
Voto Recorded with tho Secretary of State 160
Voto Recorded with the Secretary of State .... 161
St*I<X!IAL MlOHHAUUH
To tho Senate and tho HOUBO of RopreaoutativoB . , , 16
To the Senate and tho HOUHO of Representatives . . . 167
To the Honato and tho HotiBO of Representatives , . , 176
To tho Senate , 182
To the Senate and tho UOUHO of RoproHontativos , , ., 184
To tho Honato and tho House of Representatives , . . 185
To the Secretary of State * 187
To tlto HOUHO of Representatives 189
To tho Senate and tho House of Representatives . 190
(v)
vi INDEX
PAGE
To the House of Representatives ... . 194
To the Senate and the House of Representatives . 205
To the Senate and the House of Representatives 206
To the Senate and the House of Representatives . . 207
To the House of Representatives . . 209
To the Senate and the House of Representatives . . 210
To the Senate .... .210
To the House of Representatives . . . 212
To the Senate and the House of Representatives . 214
To the Senate and the House of Representatives . 215
To the Senate and the House of Representatives 217
To the Senate and the House of Representatives , 218
To the Senate and the House of Representatives . .219
To the General Assembly 220
To the Senate and the House of Representatives . 222
To the Senate and the House of Representatives . . 223
To the Senate and the House of Representatives . . 223
PROCLAMATIONS
Offering a Reward . . . 225
Offering a Reward . . 226
Offering a Reward . 226
Offering a Reward . . . 227
Offering a Reward . 228
Offering a Reward . . . 228
Offering a Reward ... . ... 229
Offering a Reward . . . 230
Offering a Reward . , , 230
Offering a Reward , . , . . 231
Offering a Reward , . .... 232
Offering a Reward . . , 233
Offering a Reward . .... 233
On Thanksgiving . 234
On Relinquishment of Land ... ... 235
Calling an Extra Session of the General Assembly . . 230
On Relinquishment of Land 240
On Relinquishment of Land 243
On Piling of Bond for Removal of Capital to Sodalia . , 247
MEMOBANDA OF PKOCLAMATIGNS AND WBITB OF E&WOTION
March 21, 1893 252
October 12, 1893 252
November 10, 1893 252
November 10, 1893 . ....... 253
November 10, 1893 2113
November 13, 1893 253
November 21, 1893 253
November 21, 1893 254
INDEX vii
PAGE
December 1, 1893 . . . 254
January 15, 1804 . 254
January 27, 1894 . 255
March 8, 1894 . 255
March 28, 1894 255
April 7, 1894 . . 255
May 19, 1894 . 256
May 19, 3894 . . . 256
June 25, 1894 . . 256
July 23, 1894 . 256
August 20, 1894 257
September 18, 18>94 . 257
October 10, 1894 257
November 13, 1894 . 257
November 20, 1894 . 258
November 26, 1894 . 258
December 3, 1894 258
December 7, 1894 . .258
December 8, 1894 259
December 21 , 1894 . 259
January 3, 1805 259
January 11, 1895 . . , 260
January 14, 1895 . ... 260
January 10, 1895 . . 260
January 25, 1895 . . . 260
January 25, 1895 .... ... .261
March 11, 1895 . . ... 261
March 11, 1895 ... . .261
March 28, 1895 . . ... .261
March 28, 1895 . .... . .262
April 2, 1895. . 262
April 3, 1895 , .262
April 25, 1895 ... ... .262
May 11, 1895 . ... 263
May 31, 1895 .... . . , 263
Juno 29, 1895 ... 263
July 1, 1895 .263
July 3, 1895 ... 264
July 13, 1895 264
July Itt, 1805 264
July 20, 1895 .... 265
July 29, 1805 ... 265
July 31, 1895 , 265
AuffUBt 1, 1805 ... 266
September 7, 1805 266
Boptombor 21, 1895 . .... . 266
October 2, 1895 .... 266
October 11, 1895 . ....... 267
November II, 1895 267
vm INDEX
PAGE
November 11, 1895 . . . . . . . * 267
December 20, 1895 267
February 7, 1896 . 268
February 26, 1896 . . 268
February 28, 1896 . . ,268
February 29, 1896 . 268
February 29, 1896 . . . 269
March 2, 1896 . 269
March 9, 1896 . 269
March 27, 1896 . 269
March 28, 1896 270
March 30, 1896 . 270
April 6, 1896 . 270
April 6, 1896 . . 270
April 13, 1896 ... 271
April 18, 1896 . 271
May 9, 1896 . . 271
June 16, 1896 . 271
June 20, 1896 . . 272
June 29, 1896 . . 272
July 14, 1896 . . ' 272
July 15, 1896 . 272
September 8, 1896 . . . 273
October 12, 1896 ... . 273
October 26, 1896 ... . 273
October 30, 1896 . . . 273
November 2, 1896 . ... 274
November 12, 1896 . ... 274
November 16, 1896 . . . 274
November 30, 1896 . . , 274
December 12, 1896 . 275
December 22, 1896 . . . 276
December 28, 1896 270
GOVERNOR LAWRENCE VEST STEPHENS
BIOGBAPHICAL SKETCH, By Roy D. Williams .... 279
INAUGURAL ADDBESS . ... 284
FIRST BIENNIAL MESSAGE .... , 293
SECOND BIENNIAL MESSAGE . . #74
VETO MESSAGES
To the Senate . . 4^3
To the House of Representatives 4H7
To the Senate . . ... 488
Veto Recorded with the Secretary of State . , . , 401
Veto Recorded with the Secretary of State 492
Veto Recorded with the Secretary of State . 493
To the House of Representatives 50 1
INDEX IX
PAGE
To the Senate . . 505
To the House of Representatives . 508
To the Senate . .511
To the Senate . . . 512
Veto Recorded with the Secretary of State 516
Veto Recorded with the Secretary of State . 516
Veto Recorded with the Secretary of State . . 519
Veto Recorded with the Secretary of State 520
Veto Recorded with the Secretary of State . 524
SPECIAL MESSAGES
To the Senate and the House of Representatives . 527
To the Senate and the House of Representatives . 52
To the Senate and the House of Representatives . 531
To tbo Senate . . . 532
To tho Senate and tho House of Representatives . . 532
To tho Senate and tho House of Representatives 533
To tho Senate and the House of Representatives . . 534
To tho Senate and tho House of Representatives . . 534
To tho Sonalo and tho House of Representatives . . 535
To tho Senate and tho House of Representatives . . 538
To tho Secretary of Slate . 547
To tho Senate and tho House of Representatives 553
To tho Senate and tho HOUBO of Representatives . 553
To tho Senate and tho House of Representatives . 554
To tho Sonato and tho House of "Representatives . * 554
To tho Honato and tho House of Representatives . 555
PttOOLtAMATlONH
On Rolinquinhmont of Land , 556
On an Amendment to tho State Constitution . . . 559
On an Amendment to tho State Constitution , 500
On an Amendment to tho Slate Constitution. . . 502
On an Amendment to tho Slate Constitution .... 504
On an Amendment to tho Slate Constitution, . . . 500
On an Amendment to tho Slate Constitution . . . 508
On an Amendment to tho Stato Constitution, . 570
MEMORANDA OF PHOOLAMATIONH AND WKITH OF ELECTION
March 2, 1897 572
March 0, I.X97 ....... 572
April 0, 1897 572
May 17, 1897 573
May 17, 1897 573
May 17, 1897 573
May 17, 1897 573
May 1M, 1897 573
May 27, 1897 574
Juno 2, 1897 574
INDEX
PAGE
June 2, 1897 574
June 8, 1897 574
June 22, 1897 574
June 28, 1897 575
July 13, 1897 575
July 14, 1897 . 575
July 23, 1897 . . 575
July 23, 1897 . . 576
July 30, 1897 . . . 576
August 18, 1897 . 576
September 6, 1897 . 576
September 11, 1897 576
November 1, 1897 . . 577
November 19, 1897 577
November 19, 1897 , . 577
December 13, 1897 . 577
December 21, 1897 . 578
December 31, 1897 57S
January 15, 1898 . 578
January 24, 1898 578
January 27, 1898 579
March 2, 1898 . 570
March 29, 1898 579
April 6, 1898 579
April 19, 1898 . , 580
May 2, 1898 580
May 28, 1898 . 580
June 14, 1898 . 580
July 1, 1898 . ... 581
July 1, 1898 . 581
July 12, 1898 . . . . 58!
July 19, 1898 , . , 581
August 26, 1898 . . , 582
September 2, 1898 , ... , 582
September 15, 1898 . , . 582
September 24, 1898 . . . 582
September 26, 1898 583
October 13, 1898 . , tftftf
October 17, 1898 . .... 583
October 29, 1898 . f>84
November 28, 1898 584
December 1 , 1898 . . .... 584
December 9, 1898 . . . ^M
December 9, 1898 , ..... r>85
December 27, 1898 . 5^5
December 29, 1898 585
February 8, 1899 . , 585
February 8, 1899 ... D80
February 16, 1899 . . f K SO
PAGE
February 17, 1899 . 586
February 21, 1899 . , 586
February 27, 1899 587
March 1, 1899 . 587
March 7, 1899 587
March 9, 1899 . . 587
March 9, 1899 588
March 10, 1899 588
March 10, 1899 . 588
April 10, 1899 . . 589
April 13, 1899 . 589
April 18, 1899 . 589
May 1, 1899 . 589
May 2, 1899 . . 590
May 4, 1899 , . 590
May 5, 1899 . . . 590
May 6, 1899 . . 590
Juno 19, 1899 . . 501
Juno 20, 1899 . . 591
July 5, 1899 . . 591
July 12, 1899 . 592
July 34, 1809 ... ... 592
July 17, 1899 . . 592
August 8, 1899 . ... 593
September 25, 1899 . . ... 593
October 23, 1899 . . . 593
October 23, 1899 ... 593
October 28, 1899 .... . .594
October 31, 1899 , ... .... 594
December 11, 1899 ... . .594
December 1 1 , 1899 594
January 7, 1900 .... , , 595
January 7, 1900 . 595
February 13, 1900 . ... . 595
March 2, 1900 ... 596
March 31, 1900 596
April 3, 1900 ... 596
April 0, 1900 ... 596
April 7, 1900 , 597
April 23, 1900 , ...... 597
April 25, 1000 597
April 25, 1000 598
Juno 18, 1000 598
Juno 23, 1900 598
Juno 20, 1000 598
Juno 26, 1000 599
July 18, 1000 .......... 599
August 20, 1000 599
August 23, 1000 .... 599
INDEX
PAGE
August 24, 1900 ... .600
September 28, 1900 .... . . 600
October 23, 1900 ... . 600
November 3, 1900 .... 600
GOVERNOR WILLIAM JOEL STONE
WILLIAM, JOEL STONE
Governor 1893-1897
WILLIAM JOEL STONE
BY
OLIVER H. Hoss
William J. Stone was born May 7, 1848, in Madison
county, Kentucky. The family from which he was descended
originally came from England to the ancient colony of Mary-
land in an early day. The first American ancestor was
governor of Maryland under Lord Baltimore and a later
ancestor was a signer of the Declaration of Independence.
Later the family moved to Virginia. The great-grandfather
of William J. Stone was a soldier in the Revolutionary "War
from Virginia and his son, John Stone, who was born there,
subsequently moved to Madison county, Kentucky, early
in the previous century, where he died at the age of ninety-
four in the year 1863. The father of the subject of this
sketch was William Stone, born in Culpeper county, Vir-
ginia, in 1813, and went with his father to Kentucky, where
he married Miss Mildred Phelps. In 1863 he went to Daviess
county, Indiana, and from, there moved to Waco, Texas.
He was twice married, his second wife being Miss Dora
Johnson. His first wife died in 1852, the second wife in
1880. After the death of the latter, the father of William
J. Stone moved to Nevada, Missouri, where he died in 188L
William J. Stone was the youngest of four children by
his father's first marriage. lie worked on his father's farm
in Madison county, Kentucky, and attended school until
1863, when, going to live with his sister at Columbia,
Missouri, he enjoyed the privilege of a three years' course
of study at the University of Missouri, to which was added
a thorough commercial education at Stewart's Commercial
College at St. Louis* OB his return to Columbia, he entered
the law office of his brother-in-law, Hon. Squire Turner,
and two years later, 1867, was admitted to the bar. A
partnership was then established with Judge A. B. Carleton,
at Bedford, Indiana, but continued only about two years,
(3)
4 MESSAGES AND PROCLAMATIONS OF
when Mr. Stone came to Nevada, Missouri, and engaged in
the practice of his profession.
From 1872 to 1874 he served as prosecuting attorney of
Vernon county, Missouri. In 1874 he was married to Miss
Sarah Louise Winston, daughter of Col. W. K. Winston of
Cole county, Missouri. Mrs. Stone is a woman of many
social graces, possessing that innate refinement which is the
chief charm of womanhood. The children of Governor
Stone are Kimbrough Stone, now Judge of the United States
Circuit Court, Miss Mabel Stone, who lives with her
mother at Kansas City, Missouri, and Mildred SLone,
married to John G. Parkinson of St. Joseph.
After he served as prosecuting attorney of Vernon
county, Mr. Stone formed a law partnership with C. R.
Scott of Nevada, which continued a number of years, then
with Judge D. P. Stratton, and later with Granville S. IIoss.
Mr. Stone was an able lawyer, an eloquent advocate, and
was eminently successful at the bar. He was frequently a
delegate to the Democratic state conventions and in 187(5
was a presidential elector.
In 1884 William J. Stone was nominated for congress
from what was then the old twelfth congressional district
of Missouri, and served in congress with distinction for three
terms and declined to run again for the nomination for a
fourth term. Mr. Stone's record in congress is a record of
hard work in behalf of the people of his state and of hi
country. He was chairman of the subcommittee on public
lands. As a consequence of his work on this committee it
was disclosed that hundreds of thousands of acres of public
land were claimed by railroads as land grants to induce the
building of railroads in the Northwest, and to which public
lands the railroads had no just right or claim.
William J. Stone's main work in the House of Repre-
sentatives was in connection with the forfeiture of land grants
to Pacific railroads, and came to a climax in July, 1888,
He fought constantly for the forfeiture of all these lands
held by the railroads, where the facts showed a failure of
compliance by the corporations with the terms and condi*
GOVERNOR WILLIAM JOEL STONE 5
tions of the grants. He charged fraudulent entries, bribery
and perjury against the roads, together with wholesale viola-
tions of the terms of the grants.
Mr. Stone grew in mental stature while he was in con-
gress and many of his warmest friends in his old congressional
district were positively angry with him because he would
not stand for a fourth nomination and term in congress, but
Mr. Slone had told those who were contemplating contesting
the nomination with him in 1888 that if they would not
contest his third nomination he would not run again for
that office and would leave the field open for the others.
There was talk of forcing the nomination on him against his
wishes. A few clays before the congressional convention
met at Butler, Missouri, in 1890, Mr. Stone went to the law
office of a young friend of his in Nevada, and said: "I
wish you would go up to Butler and attend the convention
and put a stop to my nomination, and in all events abso-
lutely forbid the convention to nominate me. You see I
told the boys two years ago that if they would let me have
the nomination for the third time without a fight and con-
test, I would get out of their way at this time and I want to
keep my word, of course, because I think a man ought to
keep his word in politics the same as in anything else."
The young friend of Mr. Stone carried out his instruc-
tions and the convention at Duller nominated the Hon.
David A. DeArmond, who served with such distinction in
congress for Lwcnly years thereafter. Anyone familiar
with the life and character of William J. Stone cannot fail
to be impressed with the absolute integrity and unflinching
honesty of the man. The writer remembers that the late
General J. B. Weaver of Iowa made a speech at the court-
house in Nevada, in 1890, in which Congressman Weaver
said: "You people of Vcrnon County ought to be mighty
proud of your congressman, William J. Stone, because I
personally know that he turned his back on millions of
dollars when he was in congress,"
After completing his term in congress Mr, Stone came
back to his home in Nevada, Missouri, and continued in the
6 MESSAGES AND PROCLAMATIONS OF
practice of his profession. In 1892 he became the nominee
of his party for governor of Missouri and, being chosen
to that office at the ensuing election, William J. Stone gave
to the State of Missouri one of its ablest and cleanest admin-
istrations.
It will be remembered that there was a financial strin-
gency and panic beginning in 1893 and on top of that the
American Railway Union strike and the miners' strike, all
of which tended to disturb business and create a spirit of
industrial discontent. It was in this year thai the Coxcy
movement had its genesis. The result of all these distur-
bances was that the military arm of the state was called into
requisition in many states in the union, including three slates
bordering on Missouri Kansas, Iowa, and Illinois. Al-
though Missouri was a great railroad and a great mining
state and these disturbances were as powerful in Missouri
as in other states, the situation was handled so well by
Governor Stone that the disturbances were reduced to a
minimum and at no time did the Governor find it necessary
to declare martial law or call out the state troops. This,
of course, was clue to the firm, but common-sense, manner
in which Governor Stone handled the situation.
Besides the economic depression and disturbances, the,
reduction of the state revenue began about the first part of
Governor Stone's administration. Under the state constitu-
tion the rate of taxation for state purposes automntieally
changed from 20 to 15 mills when the assessed valuation
reached $900,000,000. Up to the beginning of Governor
Stone's administration the assessed valuation had been a
few millions under $900,000,000, thus affording the maximum
revenue. The reduction of the rate of taxation for stale
purposes from 20 mills to 15 mills resulted in a loss of one-
fourth of the tax rate with no compensating increase in the
assessed valuation. Again in 1892, just before the beginning
of his term as governor, the main building of the State
University had burned, and during his administration the
buildings at one of the State normal schools had also been
destroyed by fire. In the face of this financial condition, the
GOVERNOR WILLIAM JOEL STONE 7
affairs of the state were so handled that not only were all
state needs met, repairs and addition to the eleemosynary
and educational institutions made, including the present
main building at the University of Missouri, but the state
bonded dob I was very materially reduced.
At the beginning of his term this bonded debt amounted
to $6,680,000, consisting of $1,380,000 at six per cent and
15,300,000 at three and a half per cent. During Governor
Stone's administration, all of the six per cent bonds and
$300,000 of the three and a half per cent bonds were paid,
thus reducing the total debt by $1,680,000, disposing of all
of the higher per cent bonds and reducing the annual interest
demand by almost $100,000. As important items in con-
nection with this subject it may be said that the reduction
of the annual revenue through the change of rate of taxation
was about $500,000, and that during this time nearly
$800,000 was expended in connection with additions and
repairs at educational and eleemosynary institutions. Gov-
ernor Stone's famous fifth I against an organized railroad
lobby resulted in the enactment of the Railroad Fellow
Servants Law. Governor Stone's administration as governor
was so wise and able that it attracted the attention of people
in oilier states of the Union.
Governor Stone's political career in Missouri was un-
paralleled in the Slate's history. He was the only man who
was elected as congressman, governor, and United States
senator from Missouri. For several years before and after
Mr. Stone's term as governor, the governorship of Missouri
had been considered as a political graveyard, but by the
sheer force of Mr. Stone's ability he reversed all this and
went out of the office of governor far stronger with the people
thai) when he went in. lie was a leader among leaders.
It was well known among political leaders of the state
at the close of Governor Stone's administration that there
were urgent demands on him to run for the senate in 1897
but the Governor turned a deaf ear to these pleas in def-
erence Lo the fact that while that gifted orator and slates-
man, George G, Vest, was fast declining in physical health
8 MESSAGES AND PROCLAMATIONS OF
and strength, yet Governor Stone modestly refused to enter
the contest against Senator Vest, whom he so much ad-
mired. And it was only after Senator Vest announced his
forthcoming retirement that Governor Stone consented Lo
become a candidate for the United States Senate. He was
elected to the Senate and took his seat in that body on March
4, 1903, in which place he continued to serve until the dale
of his death, April 14, 1918.
When Senator Stone was re-elected to the senate in
1909, he was given a place on the Finance Committee, and
as such was charged with much of the responsibility for the
position of the minority on the Payne-Aldrich bill. His work
in the senate during the first Wilson administration was
varied and distinguished. In 1913 he became chairman of
the Committee on Indian Affairs, and as such had charge
of the Indian appropriation bill, at that time a measure
involving questions of vital interest to the West. lie was
ranking Democratic member of the Committee on Finance.
He was also ranking majority member on Ihc Commit 1 0,0,
on Foreign Relations and, upon the death of Senator Baron
of Georgia early in 1914, Senator Slone was made chairman.
In addition to this work, of itself sufficient to tax the endur-
ing strength of any man, he rapidly advanced in I lie confi-
dence and favor of all with whom he came in contact and
was called upon to look after many matters of concern lo
the administration.
As chairman of the Committee on Foreign Relations he
had charge of the thirty Bryan peace treaties, which (ho
Secretary of State had negotiated with foreign governments,
all of them receiving ratification.
A memorial session of the Congress was hold to com-
memorate the life and service of Senator Stone. Lack of
space precludes the insertion of extracts from the large
number of eulogistic addresses delivered on this occasion by
senators and representatives who had labored with him in
the public service for many years, and 1 quote from only
two, Senator James A. Reed and Congressman L. C. Dyer,
of Missouri.
GOVERNOR WILLIAM JOEL STONE 9
"Men of the Senate, you have seen him toil un-
remittingly by day. You know how he labored in
committees far into the night. When, some three years
ago, the great finance bill was pressing, he undoubtedly
broke his health by the tremendous labor he underwent.
At that time he survived a sick spell that threatened to
bring the end. He never was strong again; and yet he
came to this body when he was so feeble that he could
scarcely walk. He sat with his committees. He toiled
and wrought unceasingly. Not a detail of duty was
allowed to escape his vigilance and industry. And so,
worn out and troubled, this old soldier serving a life
enlistment in the army of patriotism, came to answer
the question that has been so often referred to today.
'Is it my duty to vote to plunge my country into the
great European war or is it my duty to seek to hold her
back? 5 I know his heart on that. I talked with him.
I said to him:
" 'II is the decree of Fate; war will be de-
clared. A vote against it will mean your political
ruin. You are old and you have no property.'
"I wish great God of justice, how I wish! all
the people of his state could have looked into his eyes
as I was looking then and could have seen his soul as I
saw it revealed and could have heard his voice, tremu-
lous with emotion, as he answered:
" '1 know what it means to me. I know this
war is coming. I know the people are aflame with
the spirit of battle. I know that it is inevitable;
but would you have me consider my personal wel-
fare in a ease that involves the lives of millions of
men, the heartaches of countless mothers, the
breaking up of homes? I cannot vote to send our
boys into lius conflict, to involve our country in
this struggle, the end of which we cannot see, and
the results to our country and our civilisation we
10 MESSAGES AND PROCLAMATIONS OF
cannot prophesy. I cannot so vote until further
efforts have been made to avert the fearful sacri-
fices.'
"And so he cast his vote against the declaration of
war. Was it not a brave thing to do? Had he voted for
war, he would not have been voting to send himself to
war or into any danger. He would have been acclaimed
a great leader. When he voted against war, he voted
his own crucifixion for months; perhaps forever. Had
he voted for war, he would not have voted to send his
own son, for he was a distinguished Federal judge,
beyond the age to be sent to war.
"He would not have voted to send a single close per-
sonal relative so far as I know. He was not thinking of
himself. He was thinking of the sons of other fathers, the
grown-up 'babies' of other mothers, the husbands of
wives, the fathers of children who would die on distant
battle fields. He was looking at the orphans that were
to be, the army of cripples that would soon march
across our land. He was thinking of our country and the
dangers that lurked after the war as well as in the war.
"So he endured the torture of attack, Ihc obloquy
of slander, the shafts of abuse, and stood up bravely
and without shrinking. But as the war went on each
day he gave his thought, his heart, his energy to the
success of the American Army. I say here what has
already been, in substance, said: it was the grim ad-
vance of Germany's hosts that did much to break him
down and to hasten the inevitable end. Day after day
I was in his office, calling generally in the morning,
finding him there almost invariably pacing the floor,,
In his hand a newspaper describing how the French were
being driven back and back and how the gallant Kngibh
were being forced to retreat; telling of assaults with
poison gas and deadly shells that broke the heroic ranks
of our allies and carpeted the ground with UiousundH of
their gallant dead.
GOVERNOR WILLIAM JOEL STONE 11
"I saw him then and know how his soul agonized.
I know how his body quivered with excitement and
sympathy for our friends and for our cause. It was not
hard then to discover that the old patriot and lover of
his country could not longer withstand the agony. At
last the strain became too great, the vital cord snapped.
In the fullness of his intellectual power, at the zenith
of his greatness, he halted. His work for country and
for humanity had ceased.
"There is no speech or tongue that can quite do
justice to a life like his. Faithful to friends and true
to every trust, through life's long battle he fronted every
foe. His arm was never lowered in the strife. He never
struck an unkind or ungenerous blow. He folded the
mantle of honor about him and laid down upon life's
battlefield and sank into that peaceful slumber death
brings the brave. There is no stain or taint upon Ms
life, and at its end his friends and all the world can
write. 'Well done, thou good and faithful servant.' "
Senator Reed, of Missouri.
"Senator Stone gave the great part of his life to
the service of the people of Missouri and the people of
the Nation. He rendered conspicuous, able, and bril-
liant service,, and although of a different political party
from him, I say most truthfully and candidly that I
think Senator Stone was one of the ablest public servants
that Missouri has ever had, I feel that we have lost
a public servant, and feel privileged to enter in the
Record my judgment, as one of the Representatives of
Missouri, as to the able public service of Senator William
Joel Stone," Congressman Dyer, of Missouri.
Senator Stone had a constructive mind of an unusually
high order and was always working and planning for the
welfare and happiness of the people of our country. He
devoted the best years of his useful life in ceaseless toil for
the public good, without any thought of personal gain for
himself. He had never acquired material wealth, even in a
12 MESSAGES AND PROCLAMATIONS OF
moderate amount, but used his great talents for the benefit
of his country and in doing this he preserved for this genera-
tion the best traditions of that wise, brilliant and patriotic
statesmanship which has created and guided our Republic.
No statesman ever had a higher regard for an official trust
than William Joel Stone.
In accordance with a wish previously expressed, his
body was buried in the family lot in Deepwood Cemetery
at Nevada, Missouri.
During all of his official life he maintained his member-
ship in the Masonic bodies at Nevada. He was a member of
Osage Lodge No. 303, A. F. & A. M., Royal Arch Chapter,
and the Commandery of Knights Templar. He did not
maintain membership in any denominational church, but of
Senator Stone it might well be said: "His was a faith too
large for creeds."
A posthumous incident illustrating Senator Stone's
high ideals is here set forth as taken from the St. Louis
Star of March 8, 1926:
"Sam Lazarus, St. Louis capitalist and railroad owner
and builder, who will be buried today, helped many persons
by friendly tips to acquire wealth, but Lazarus had one close
friend who never would accept a tip of that kind and who
threw away a chance to make an honest forttme because he
considered it unethical for a man in public office to make
money that way. The friend was the late United Slates
Senator Stone of Missouri.
"Lazarus told the story a year ago to a reporter for The
Star whom he knew, but jokingly insisted that il should not
be printed 'till after I'm dead.' Lazarus' objection was that
it would be bringing himself too much publicity for a friendly
act.
"As told by Lazarus, when he started one of his railroad
building projects in Texas during Stone's career as senator,
he determined on several townsites in advance. The country
was raw prairie and the land could be bought for from $5 to
$20 an acre.
GOVERNOR WILLIAM JOEL STONE 13
" 'Stone was a poor man and I knew it,' Lazarus said.
'He had his salary as Senator and that was about all. He
threw away scores of opportunities to become wealthy
d through his position in the senate. It was money that could
f) have been made without transgressing any law, and by most
A persons would have been regarded as legitimate.'
^ " 'I told Stone about my railroad and suggested that he
ft buy 100 acres where one of the future towns was to be and
] hold it, as I knew there was bound to be a big rise in value
- as soon as the road was built. I had made similar large
1 investments myself.'
" 'Stone first said he had no money to invest. I offered
to lend it but he refused. He said it might not look well for a
United States Senator to engage in a transaction of that sort
ecause the railroads were being regulated by the govern-
- ment through the Interstate Commerce Commission and
there were questions coming up frequently regarding rail-
road legislation on which he had to vote.'
" { l didn't say anything to Stone about it, but I was
convinced in my own mind that Stone was wrong, so I
Q bought 100 acres at a future townsite and had the deed put
Q in his name and recorded, without his knowledge. I made
^ out a note for the amount of the investment at 6 per cent
^ interest and left it unsigned. Stone never knew a thing
about it for three years.'
y " 'The railroad was built and the town ready to be laid
^ out, and the land jumped in value to $100 an acre. It was
/ a good time to sell, so I wrote Stone, who was in Washington,
1 telling him what I had done, enclosing the deed for him to
n, sign, and the note. I told him I'd make the sale for him and
/ remit the difference, amounting to almost $10,000/
" 'Back came a letter from Stone with the unsigned note,
telling me he would have nothing whatever to do with the
transaction, even to signing the deed, unless I would promise
not to send him the profit or any share of it. l l had nothing
to do with this, Sam, you know it. I can't afford to jeopard-
ize my reputation for honesty by even taking part in a
friendly deal like this/ Stone wrote* Til never touch a
14 MESSAGES AND PROCLAMATIONS OF
cent of it. Nobody ever has accused me of using my in-
fluence as a senator or my personal friendship to make money
for myself, and I'll not begin now.'
"Lazarus said Stone later signed the deed to permit
Lazarus to sell the land, but the Senator was so indignant
that Lazarus never renewed the offer and took the profit
himself.
"Senator Stone died a poor man."
GOVERNOR WILLIAM JOEL STONE 15
INAUGURAL ADDRESS
JANUARY 9, 1893
From the Journal of the House of Representatives, pp. $5-27
Senators and Representatives:
As an independent and co-ordinate department of the
State government, elected to your high offices by the same
constituency which has commissioned me, with great
powers confided to you to be employed independently, and
yet for the general good in patriotic co-operation with those
designated by the people to exercise the functions and powers
of other departments, I greet you,
I shall not, on this occasion, discuss in detail, or with
adequate suggestion even, any question of legislative or
administrative policy. If, during the progress of your en-
suing session, I shall at any time deem it important to
advise with you upon any particular subject of public
interest, I will do so by special communication.
I am content now to express the hope, which I devoutly
cherish, that all of us who are to be associated in the ad-
ministration this day inaugurated may, without regard to
party opinion or affinity, be always inspired by sentiments
of elevated patriotism, and, so far as may be possible, act
in harmonious concert with the sole purpose of advancing
the state and of being useful to the great people who have
honored and trusted us. In practical administration we
should exercise simplicity without boorishness, economy
without parsimony, courage without audacity, candor with-
out gush, diplomacy without deception, publicity without
indiscretion, and patriotism without pretense. In other
words, we should practice what we preach. Public office
is a public trust; but they are trusts which should not be
multiplied or continued except to meet some imperative
public demand, and should always be administered with the
16 MESSAGES AND PROCLAMATIONS OF
most discriminating and exacting fidelity. Not a farthing
of public money should be expended which is not essential
to the public welfare; but whatever is necessary for the
development and expansion of the State and the promotion
of the general good should be promptly appropriated.
Public expenditures should be made with studied economy
and absolute integrity, and yet we should take large and
progressive views of all questions, so that this great Slate
of ours may not be impeded in her onward march to that
imperial supremacy which lies before her.
We should remember that we are but the repre-
sentatives of the people; that the powers we are about to
exercise have been committed to us as a matter of confidence
and trust by those thousands still occupied in the fields and
shops and counting-rooms of the State; that the business
we are commissioned to transact is their business. This is
a government of the people, and we are but their agents.
They have a right to be informed at all times as to the state
and condition of their public affairs. There is little legiti-
mate occasion for public officials to lock up public secrets
and exclude the people from their confidence. The people
are justly suspicious of secrets, and they will resent any
trick or deception imposed upon them. I believe, there-
fore, in dealing openly and frankly with the people of the
State, relying confidently upon them to second and approve
any effort we may make to carry the State on along the
pathway of a higher and nobler development. If we shall
approach our duties and discharge them in this spirit, I
am sure the public expectation with regard to us will not be
wholly disappointed, and we can hope to add something of
value to the splendid achievements wrought out by the
administrations which have preceded us, one of the most
successful and illustrious of which is this day concluded,
As Missourians, we should feel an honest pride in our
noble state. Nature was in her smiling mood when she
poured her bounteous blessings with lavish hand on this
fair domain we call Missouri. With plains of broad ex-
panse; with valleys nestling along the greatest rivers in the
GOVERNOR WILLIAM JOEL STONE 17
world, of themselves enough to make an empire; with rugged
hills and mountain chains high lifted like sentinels on our
border; with vast forest lands, opulent beyond estimate in
their towering burdens; w r ith mines of lead, zinc, iron, coal
and other minerals, of easy access to industrial use, inex-
haustible in supply and rich as the fabled Golconda; with a
soil of such diversity and universal fecundity that the
products of our fields compete with the cotton of Mississippi,
the corn of Illinois, the tobacco of Virginia and the wheat
of the Dakotas, and with a climate of such pleasing variety
that it dissipates the drowsy ennui of sluggish monotony
while it paints for all of us the rose of health what more
could we ask of a generous and indulgent Providence?
I do not hesitate to affirm, with a perfect confidence in the
absolute accuracy of the statement, that nature has done
more for Missouri than for any other state in the American
Union. And in material and intellectual growth no state
in the Republic, where celerity of development has become
the phenomenon of modern times, has outstripped Missouri
in the bounding rapidity and substantial character of her
progress. Her fields and pastures, her mines and forests,
her mills and factories are unexcelled by any state in the
diversification and value of their products. With her sloping
hills and winding valleys thickly dotted with the pleasant
homes of the noblest type of American husbandmen; with
beautiful and prosperous towns scattered everywhere like
clustering jewels on her breast and mighty cities throbbing
with the activities of prodigious enterprise; with her vast
net-work of natural and artificial lines of transportation
bringing the sources of production into easy and sympa-
thetic touch, and, through her great commercial capitals,
into close connection with the markets of the world; with
her multiplied hundreds of school-houses, seminaries, col-
leges and universities, cathedrals and eleemosynary insti-
tutions, splendidly equipped and richly endowed, attesting
her high attainment in intellectual, benevolent and moral
culture; with her 3,000,000 of splendid people, hailing
from every clime, but welded into a homogeneous and sym-
18 MESSAGES AND PROCLAMATIONS OF
metrical whole, with love of liberty as the common bond
and the immaculate flower of their patriotism her men
distinguished for their courage, intelligence and hospitality,
and her women unsurpassed for loveliness and gentle grace
Missouri, lustrous and glorious, is worthy the place she fill?
as the central star in the constellation of sovereignties com-
posing the American republic. In population and wealth,
in industrial and intellectual achievement, she stands in the
first rank among all the states, and pre-eminent among those
lying west of the Mississippi. She is worthy our dearest
love and of our most considerate and unselfish service.
The hope I have to-day is that we, gentlemen, may be in-
strumental in advancing the State somewhat further along
the shining pathway of her great career, augmenting her
power, increasing her importance, and adding to her oppor-
tunity of blessing those who live within her borders and
contribute to her prosperity and renown.
We need to cultivate and to manifest on all occasions
a more intense and self-assertive pride in our noble State,
in her people and institutions, in what she is and is capable
of being such as characterizes, to their credit, the sons
of Virginia and Massachusetts in their devotion to their
mother homes. We should learn for ourselves and teach
our children to love Missouri above all other states and
places in the world. We should feel for Missouri I he
thrilling fervor of that impassioned love which the Irish-
man cherishes for the Emerald Isle or the Scotchman for
the crags and glens of his native highlands. The honor
and good name of the State should be as precious to every
Missourian as those of his wife and daughter. Our highest
ambition should be to excel in honest and capable service,
striving each to do his utmost in the exaltation of the
commonwealth.
Duly impressed with the dignity and importance of the
trust committed to my hands, I approach the discharge of
the responsible duties I this day assume with grave distrust
of my own ability; but, conscious of the rectitude of my
desire and the patriotism of my motives, invoking the
GOVERNOR WILLIAM JOEL STONE 19
Divine guidance and relying upon the considerate co-
operation of my fellow-citizens, I shall go forward sus-
tained by that high hope which fills my heart, of being
useful to my state and therefore not wholly unworthy of
my station.
WM. J. STONE.
20 MESSAGES AND PROCLAMATIONS OF
FIRST BIENNIAL MESSAGE
JANUARY 1, 1895
From the Appendix to the Journals of the General Assembly, ISO 5
STATE OF MISSOURI, EXECUTIVE DEPAETMENT, JEFFERSON CITY,
January 1, 1895.
To the Senate and House of Representatives of the Thirty-eighth
General Assembly of Missouri:
The revenues of the State are derived from a direct
tax of twenty-five cents on the one hundred dollars levied
upon the real and personal property of individuals and
corporations, from license taxes, a tax on premiums received
by insurance companies, a tax on merchants and manu-
facturers, an incorporation tax, taxes against express com-
panies, interest on deposits, and from several minor mis-
cellaneous sources. All the moneys derived from Slate luxa-
tion are primarily divided into two funds, namely, the
"State Interest fund" and the "Revenue fund/' By the
act of April 18, 1889, it is provided that a tax of ten cents
on the hundred dollars shall be levied to meet the Interest
on the public debt, and to provide a fund for the reduction
of the principal of the debt, in compliance with Iho Consti-
tution, which requires the annual payment of at least $250,-
000 thereof. All sums arising from this tax, together wilh
two-fifths of the merchants' taxes, are first paid into I lie
"Interest fund." After deducting so much thereof as may
be necessary to pay the interest accruing during the year
for which the taxes were levied, the remainder is, by order
of the Fund Commissioners, transferred to what is called
the "Sinking fund," which is a fund specially set apart for
redemption of bonds.
By the act of March 24, 1892, it is provided that the
sum of 15 cents on the hundred dollars valuation shall be
levied for State revenue. All sums arising from this lax.
GOVERNOR WILLIAM JOEL STONE
21
together with the license tax, the insurance tax, the in-
corporation tax, three-fifths of the merchants' tax, etc.,
are paid into the "Revenue fund." Out of the moneys
covered by this fund the entire current or running expenses
of the State government are paid; that is, out of this fund
are paid the salaries of all legislative, executive and judicial
officers; all departmental expenses; all sums necessary for
the construction and maintenance of eleemosynary, edu-
cational and penal institutions; all sums required to pay
criminal costs; in short, every current demand of any de-
scription coming against the public treasury. It is also
provided by the Constitution that not less than 25 per
cent of the State revenue shall be applied annually to the
support of the public schools, and for some years past one-
third of the ordinary revenues have been appropriated for
that purpose. So that the current expenses of the govern-
ment have really been met by using only about two-thirds
of the "Revenue fund." The tax levied for current ex-
penses upon real and personal property, and upon the prop-
erty of railroad, bridge and telegraph companies, is only 10
cents on the hundred dollars, the remaining 5 cents, levied
under the act of 1892, being set apart for the support of
public schools, and thus returned to the people.
During the years 1893-4 the total revenue received
into the State treasury from all sources of taxation amounted
to the sum of $5,990,550.10. Of this aggregate sum,
$2,953,026.45 were received in 1893 and $3,037,523.45 in
1894, It was divided as follows:
1893.
1894.
Total.
Interest fund
Revenue fund
$924,825.45
2,028,201,20
$1,031,043.19
2,006,480.26
$1,955,868.64
4,034,681.46
Totals
$2,953,026.65
$3,037,523.45
$5,990,550,10
22 MESSAGES AND PROCLAMATIONS OF
REVENUE FUND, 1893-4
First, as to the Revenue fund: From the foregoing
it will be seen that during the last biennial period, the sum
realized from all sources of taxation and set apart to meet
the demands against this fund amounted to $4,034,681.46.
The total appropriations made by the 37th General As-
sembly, payable out of this fund, amounted to $4,025,934,
which includes $1,227,000 set apart in compliance with the
appropriation for the support of the public schools. Of
these appropriations, I estimate that $422,704 were for
purposes that may be termed extraordinary that is, appro-
priations made for special purposes, such as the construction
of public buildings, and do not need to be again provided
for. But the remainder of these appropriations, which.,
after excluding that paid to the public schools, amounted
to $2,376,230, were made to meet the ordinary expenses of
the government that is, for purposes necessary to be again
provided for, such as salaries of officers, support of State
institutions and the like. Of the sum thus appropriated
for ordinary expenses, it is estimated that about $100,000
will not be actually used, and will revert to the treasury.
By deducting this sum, it will be seen that the actual ordi-
nary expenses of the State government for the years 1893-4
amounted to about $2,276,230.
REVENUE FUND, 1895-6
Referring your honorable bodies to the several depart-
mental reports for more detailed statements of receipts
and expenditures for the last biennial period, and uin# the
summary above made for comparison, I now direct attention
to the same subject as it relates to the ensuing correspond-
ing period.
Upon consultation, with my associates in the State
government, and after careful calculation, it is estimated
that the amount which will be paid into the Revenue fund
during the next two years will aggregate about $4,200,000
GOVERNOR WILLIAM JOEL STONE 23
This will be an increase in receipts over the two previous
years of about $200,000, probably less, due to the develop-
ment of the State and the increase in the value of property.
Against these receipts we have set the sums that will be
required to meet the ordinary current expenses, which,
including the public school moneys, we estimate will reach
a total of $3,754,580. This estimate exceeds the total of
the ordinary appropriations for the preceding two years
(including school moneys for both periods) by $151,350.
About one-half of this estimated increase will be occasioned
by a larger distribution to the public schools resulting from
a larger revenue, and the remainder is attributable to the
recommendations made for increased appropriations for
the support of the National Guard, the Bureau of Geology
and Mines, and certain of the Stale institutions. A state-
ment setting forth in detail the items of the recommenda-
tions agreed upon will be given in the Auditor's report. It
will suffice at this time to explain the principal items.
INCREASES EXPLAINED
(a) The last General Assembly appropriated $18,000
for the support of the National Guard of Missouri. I desire
to recommend an increase of $17,000 on this account, which,
if agreed to, will make a total appropriation of $35,000.
The National Guard of this State is composed of a body
of splendid men loyal, law-abiding and patriotic. The
force has always been prompt to obey orders and put itself
at the service of the State. In times past it has rendered
actual and important service in the preservation of public
order. 1 do not believe in invoking the military power ex-
cept in cases of urgent and grave emergency, I am happy
to aay that during my incumbency as Governor I have not
found it necessary to call the militia into the field on active
duty; but on several occasions I have deemed it necessary
to require that the force be put in condition for immediate
service. To all calls made in this behalf the troops have
responded with alacrity and without a moment's hesitation.
24 MESSAGES AND PROCLAMATIONS OF
The maintenance of a fairly well-equipped militia is not
only in conformity to our theory of government, but it is a
positive necessity. The presence of an adequate and
efficient force of this kind removes all excuse for the em-
ployment of the regular army in purely domestic affairs.
It was never intended by the fathers thai the Federal
military should be used, without invitation, to do, or aid
in doing, those things which are incumbent upon the militia,
which is a National as well as a State organization. It is
always to be greatly hoped that there will be no need to
employ the military, but when the necessity does arise it is
often of the highest moment. The present force is not
large, although I think large enough to meet any probable
contingency. The force consists of one brigade, composed
of four regiments of infantry and two batteries, aggre-
gating 2,134 men. The last appropriation is inadequate
for a proper support. It amounted to a per capita of about
$8.42 when distributed. Out of this the different companies
paid for armories, for traveling and encampment expenses,
and all other expenses to which they were subject. For
lack of funds, no brigade encampment was held during the
last two years, and even the regimental encampments \vere
abandoned in 1893. This is unfortunate. The brigade
should meet at least once in two years, and ro^inicnlal
encampments should be held in the alternate yeans. The
discipline, efficiency and esprit dc corps are greatly improved
by the competition excited and examples set at I hose en-
campments. As the men receive no compensation for I heir
services, a reasonable sum to cover expenses should be
appropriated.
(b) The Board of Geology and Mines, for reasons
stated in its report, and to which I refer, recommends an
increase of $9000 above the last appropriation for the
prosecution of the survey.
(c) The last General Assembly created the ofliee of
Inspector of I ead, Zinc, Iron and other Mines, at a salary
of $1500 per year, but failed, through oversight, to make
any provision for the payment thereof. The necessity
GOVERNOR WILLIAM JOEL STONE 25
for the new Inspector was immediate and pressing, and I
accordingly made an appointment to fill the office. To
provide for the future salary of this officer, an appropriation
of $3000 will be required.
(d) As the ordinary revenue receipts for the ensuing
two years will probably exceed those for the last two by
about $200,000, and as one-third of that amount will be
appropriated for the support of public schools, it is esti-
mated that the appropriation made for that purpose will
be increased about $70,000.
(e) The increases in the ordinary appropriation for
the educational and eleemosynary institutions it is esti-
mated will aggregate about $55,700. The items of these
several increases, with the reasons therefor, can be best
elaborated when I come to consider the subjects to which
they respectively relate.
FOR EXTRAORDINARY EXPENSES
Assuming that the estimates herein made are correct,
and that the appropriations to be made will substantially
conform thereto, then, by substracting the ordinary ex-
penses, amounting to $3,754,580, from the revenue receipts,
estimated at $4,200,000, there will remain a balance of
$445,420, Out of this balance all extraordinary appropria-
tions must be paid. After consultation with my colleagues
in the executive departments, we have estimated the extra-
ordinary expenditures lor the ensuing two years at the
sum of $428,600, which we have distributed as follows:
Criminal costs deficiency ,
All other deficiencies.
Appropriations for miscellaneous objects
Extraordinary appropriations for eleemosynary, educa-
tional and penal institutions
$100,000
8,000
40,000
280,000
The items of this latter estimate, with the reasons
therefor, will be hereafter explained when I come to discuss
the subjects to which they respectively relate*
26 MESSAGES AND PROCLAMATIONS OF
Summarizing the foregoing estimates relating lo receipts
into the revenue fund and expenditures for 1895-6, the result
may be stated as follows:
Estimated receipts
Ordinary expenditures. .
Remainder .
Extraordinary expenditures.
Final "balance .
$4,200,000
3,754,580
$445,420
428,600
$16,820
ADDITIONAL BEVENUE NEEDED
Thus it will be seen that the estimated revenue, if
fully collected, will be barely more than sufficient lo meet
the estimated demands upon it. I do not see how these
demands can be materially reduced without detriment to
the public service. The estimates exceed the last appro-
priations by less than $200,000. One-third of that will go
to the public schools, and the remainder is for the construc-
tion of necessary public buildings, arid for the special pur-
poses above explained. It would not be safe to have the
line of difference between appropriations and estimated
receipts as small as it here appears. When appropriations
are made they must be met or" the credit of Ihe State will
suffer. Estimates of receipts may or may not be rtwliscod.
Therefore, notwithstanding the importance of the appro-
priations recommended, I would greatly question the wisdom
of making all of them without also making some provision
for increasing the revenue; otherwise, a considerable .shortage
in collections might seriously embarrass the administration.
A number of the improvements proposed, however impor-
tant, must be postponed or additional sources of State reve-
nue must be provided. These are questions requiring your
most thoughtful attention. It is nay purpose to submit
at an early day some additional observations upon this line
for your consideration.
GOVERNOR WILLIAM JOEL STONE 27
INTEREST FUND
During the biennial period terminating December 31st,
1894, the sum of $1,955,868.64 was paid into the "Interest
fund." Of that sum, $1,063,875.18 were appropriated and
used to pay interest on the bonded debt, on the certificates
held by the State in trust for the Public School and Seminary
funds and the incidental expenses of the Fund Commission-
ers. The remainder, amounting to $891,943.46, was trans-
ferred to the "Sinking fund" for use in the redemption and
retirement of bonds. In addition thereto there were $52,-
172.17 balance in the Sinking fund on January 1, 1893;
and $7000 were added thereto by a transfer from the Semi-
nary fund. For a redemption of bonds the last General
Assembly appropriated $1,000,000. In 1893 the Board of
Fund Commissioners purchased $36,000 of unmatured 6%
bonds on the basis of 4%, and called in for redemption at
par, $214,000 of 3 Hi % option bonds, making a total of
$250,000 paid on the principal of the bond debt. During
the year 1894, namely, in the months of April and July, the
Fund Commissioners paid $414,000 of maturing 6% bonds.
This makes a total of $664,000 of bonds actually retired
between January 1, 1893, and December 31, 1894. This
leaves a balance of $336,000 of the $1,000,000 appropriated
for the redemption of bonds. The Fund Commissioners
did not see proper to use that sum, or any part thereof,
for the reason that on January 1, 1895, $409,000 6% bonds
matured. In addition thereto, the sum of $118,000 of 6%
bonds will mature in April and July of the present year.
In view of this large amount of bonds maturing in 1895,
the Fund Commissioners deemed it imprudent to use the
balance remaining in the Sinking fund for the retirement
of bonds during the past year, but thought it wiser to leave
the same to the credit of the fund for use during the current
year. That balance now amounts to $286,538.48. I am
gratified to say that the State Treasurer, with the approval
of the Fund Commissioners, was able to make an arrange-
ment to meet the $409,000 of bonds maturing on the 1st
28 MESSAGES AND PROCLAMATIONS OF
instant, thus fully protecting the public credit. This sum
the Treasurer will carry as a cash item until an appropriation
is made to meet it.
For the next biennial period, 1895-96, it is estimated
that the total receipts into the Interest fund will aggregate
$2,060,000. Of this it is estimated that $889,955 will be
required to pay interest accruing during that period. That
will leave a balance of $1,170,045 to be transferred to the
Sinking Fund and made available for the payment of bonds.
DEBT
On January 1, 1895, the bonded debt of the State
amounted to $6,016,000. It consisted of $930,000 of <>%
bonds and $5,086,000 of 3J^% option bonds. Of the (i
per cents, the entire amount will mature during 1895-90,
except $11,000, which will mature July 1, 1897. Including
the balance, $286,538.48, remaining over unexpended in Ihc
Sinking fund, as above stated, it is estimated that the total
sum available for bond redemption during the ensuing
two years will aggregate $1,456,583. Subtracting this
amount from the total debt outstanding January I, 1895,
there will remain the sum of $4,559,417, which will represent
the total bonded debt remaining unpaid at the close of this
administration, on January 1, 1897; and that entire debt,
except $11,000, will consist of bonds bearing only 3J^%.
If the interest tax of ten cents on the one hundred
dollars shall be continued during the next administration,
even on the present basis of valuation, the entire bonded
debt will be completely extinguished by the end of the
administration of my successor in office. But, in view of
an ever-growing decrease in the annual interest charge
resulting from the retirement of bonds, and in view also oi
the rapid development of the State and the consequent
constant increase of property valuations, I believe it safe
to predict that the State will be wholly free of bonded
indebtedness within five years from this date. If this pre-
diction shall be realized, then within the next five years the
GOVERNOR WILLIAM JOEL STONE 29
interest tax will cease, and the entire State government can
be administered by a property tax not exceeding fifteen
cents on the one hundred dollars valuation. The practical
certainty of realizing this expectation I am sure should
afford occasion for general congratulation.
PUBLIC INSTITUTIONS
I pass now to the consideration of the public institu-
tions of the State, and among other things, as already indi-
cated, will briefly discuss their respective financial necessi-
ties and requirements. These institutions are educational,
eleemosynary and penaL
EDUCATIONAL
Although a little out of the line of my present purpose,
it may not prove uninteresting, while on the subject of
educational institutions, to say a word about the common
schools.
The public educational system of the State, consists of
district schools, high schools, normal schools, institutes and
the University. The district or common schools are those
whose courses of instructions range from the elements of the
common branches to an eight-years' course in primary and
grammar grades. There are about 10,000 of these district
schools in the State. The high schools, so called, arc a part
of the common school system, but the scope of their work
is not well defined. What are called high schools, however,
are maintained in almost all cities and towns of any con-
siderable importance. In a general way, the curriculum em-
braces more advanced mathematics and English than is
taught in the common schools, together with elementary
Latin, civil government, physiology, etc. Our educational
system was constructed with a view to articulating the
university courses with those of the high schools, although
the organization and practical operation of the system is
not yet as complete as could be desired. For the support
of the common and high schools, permanent funds have
30 MESSAGES AND PROCLAMATIONS OF
been provided, aggregating $10,864,569. Of this, $3,141,-
538 are represented in certificates of indebtedness issued
by the State, and the remainder is represented in county,
township and district funds, loaned out by the county courts
on both real and personal security. The interest arising
from these several funds, aggregating nearly $11,000,000, is
annually distributed for the support of the public schools.
In addition thereto, one-third of the State revenue is de-
voted to the same purpose, and local taxes are also levied
by the district directors. During the year 1894 the sum of
$7,417,041 were collected, distributed and receipted into
the treasuries of the respective districts for the maintenance
of the common and high schools of the State. The availa-
able permanent school funds of Missouri are the largest of
any state in the Union. No state has done, or is doing,
more for public education through the agencies of the
common schools than ours. And I feel safe in saying that
no fact in our history does more to honor the people, or to
exalt the State, than this, and nothing should furnish
greater cause for pleasure and pride to every patriotic
Missourian.
NORMALS
The State has established three normal schools, located
at Kirksville, Warrensburg and Cape Girardcau. In a
general way, the scope of their work contemplates special
instruction in the branches taught in the public schools and
a thorough training in pedagogics, or the science of teaching.
In my opinion, these schools are performing a most excellent
work. As already stated, there are about 10,000 district
schools in the State. There must be at least one teacher
for each of these schools, and in many of them several are
employed. Year after year the Normals send forth scores
of trained and well-equipped young men and women to sup-
ply these local schools. That alone should commend I hem
to our highest favor. But that is not all. From year lo
year, also, many of these educated teachers drift away iulo
other states and become potent factors in the educational
GOVERNOR WILLIAM JOEL STONE 31
work of their new homes. They go like missionaries to
bear our civilization, to speak our praises and spread our
fame. Think how many men and women in the Western
states have come from the schools of the East! When Vir-
ginia or Massachusetts wishes for any reason to touch the
people of the West, she finds her labor made easier by reason
of the work done by her children sent to us. The old states
have sons and daughters among us strong men and women
who still love, and are capable of rendering them a service.
Missouri is one of the greatest of the Central States, and the
greatest of the trans-Mississippi states, and it should be a
mighty and influential force in the Republic. If we care
to strengthen our hold upon other states, or to increase our
influence upon outside public opinion, I am confident no
agency will be found more effective than the army of edu-
cated men and women we are sending from our schools to
take part in the development of other commonwealths.
With reference to the needs and financial support of
these institutions, and, for that matter, of all the other insti-
tutions, I shall refer your honorable bodies to the reports
of the respective boards and chief officers for their estimates.
As a rule, I believe that the various recommendations which
these officials make would deserve favorable consideration
if the finances of the State would justify it. Each board,
however, speaks for its own institution, without reference
to the needs of other institutions or of the State. But,
having in view the sources and probable amount of the
State revenue, and taking the whole field into consideration,
covering all the institutions and all the requirements of the
government, I have, after full consultation with my associ-
ates in the executive departments, and in obedience to the
mandate of the Constitution, undertaken to make such
estimates for these different institutions as will meet what
seems to be most urgent, without too far exceeding the prob-
able limits of our income. In making these estimates I
have separated the ordinary expenditures from those which
may be considered extraordinary or special; and I have
thought that it might be useful for the purpose of com-
32
MESSAGES AND PROCLAMATIONS OF
parison, to accompany each estimate with a statement of
the last appropriation.
For the normal schools the following recommendations
are made:
1. KirJksville Normal The appropriations for 1893-4
were:
Ordinary
Extraordinary .
Total .
Recommended for 1895-6
Ordinary, for salaries . .
Ordinary repairs
Total . . .
Extraordinary .
Total
$25,000
1,500
$26,500
$25,000
1,000
$26,000
3,000
$29,000
The sum stated as extraordinary is (a) for the con-
struction of granitoid walks, $2000; (b) for water-mains,
$700, and (c) for seating the gallery in the auditorium, $300,
All these are considered urgent. The total amount recom-
mended exceeds the last appropriation $2500.
2. Warrensburg Normal The appropriation for 1893-4
was:
Ordinary, for support
Recommended for 1895-6:
Ordinary, for salaries
Ordinary repairs and improvements.
$27,500
$27,500
2,500
$ao,ooo
That is an increase of $2500 over the last appropriation*
This school is large and prosperous, and the sum recom-
mended is far less than it needs.
GOVERNOR WILLIAM JOEL STONE 33
3. Cape Girardeau Normal. The appropriations for
1893-4 were:
Ordinary, for salaries .
Improving grounds . .
$27,000
Recommended for 1895-6:
For salaries
Repairs and improvements .
$22,000
5,000
$22,000
3,000
$25,000
That is a decrease of $2000 as compared to the last
appropriation. The amount for support is the same, but
the fund for improvements and repairs is reduced.
LINCOLN INSTITUTE
Lincoln Institute is located at Jefferson City, and was
established for the exclusive use of negroes. It was orig-
inally intended as a Normal school for the training of
colored teachers; but its work has since broadened beyond
that scope. True, it has a Normal department, but it also
has an Industrial department and other departments. It
has become a college for the higher education of colored boys
and girls. The Institute is doing good work and should be
well supported. I regard it as the duty of the State to
afford this class of Missourians the most liberal opportuni-
ties for improvement and advancement.
I regret to say that during the month of August, 1894,
the main building of the institute was destroyed by a fire
resulting from a stroke of lightning. Along with the build-
ing, the scientific apparatus and college library were de-
stroyed. This misfortune has greatly embarrassed the
school. The Board of Regents and the Faculty have en-
countered great difficulty in their efforts to carry on the
school with the limited facilities remaining, and they de-
serve the highest credit for the success with which they have
34
MESSAGES AND PROCLAMATIONS OF
prosecuted the work. The reconstruction of this building
will entail a considerable expense on the State. The sum
of $10,062.99 of insurance carried on the building has been
collected and paid into the State treasury. I think at least
$30,000 should be appropriated to construct a new building.
That sum will be sufficient to erect a more commodious and
imposing structure, and one in every way better adapted
to the uses of the institute than the one destroyed. It will
construct a building large enough to answer the wants of
the school for years to come. If this recommendation should
be agreed to, the actual expense to the treasury would be
only $20,000, as the insurance money would constitute a
part of the appropriation.
The appropriations for 1893-4 were:
Ordinary salaries, repairs, etc.
Recommended for 1895-6:
Ordinary salaries, etc
Industrial department.
Repairs . ;
Extraordinary, for building (including insurance
money)
Equipping same
Heating new and old buildings
Partly replacing apparatus destroyed by lire
Partly replacing library destroyed by fire
To complete President's house
$25,000
$ IS, 000
r> , ooo
1,000
$2*1,000
$30,000
5,000
-1,000
1,000
500
500
$41,000
If these recommendations should be agreed lo, the
appropriation for the Institute made at this time would ex-
ceed the last by the sum of $40,000, including the insurance.
Although this is quite a considerable sum, I am confident
a proper regard for the interests of this important school
requires its appropriation.
GOVERNOR WILLIAM JOEL STONE 35
UNIVERSITY
The crown of our great educational system is the Uni-
versity. We should make it as resplendent as possible.
There is nothing within the range of human knowledge that
a Missouri boy desires to know that he should not have
ample opportunity to learn in the schools of his own State.
He should not be required to go abroad to enjoy advantages
denied him at home. Our common and high schools are
unexcelled, if not unrivaled, by those of any other state.
Our University should also be lifted to a plane correspond-
ingly high, and placed in position to compete with any
similar institution on the globe. To make such a university,
two things at least are primarily needful:
L The boys of the State must stand by it.
2. The State itself must stand by it, support it with
money and administer it with wisdom.
Why should our boys turn from their own State and
go to eastern universities or to Europe to be educated? Our
University receives no aid of that kind from the East. Why
should their schools be built up at the expense and to the
detriment of our own? I appeal to the young men of
Missouri to rally around the University of their own State;
build it, strengthen it, and make it the acknowledged equal
of any in the Union. If it is inferior now, if it is deficient
in any respect, the young men of Missouri should make it
their special duty to discover and apply the remedy. They
should do their full part in this great and patriotic work.
In no way can they render the State a more important
service. They should remember that nothing contributes
more to the glory of an American commonwealth than a
splendid, successful and famous university. Such institu-
tions may bo easily recalled that have done more than any
other one thing to make the .states in which they are located
conspicuous before the world. And the reputation which a
great university gives to a state is of that enlightened char-
acter that elevates and strengthens it in the esteem oi
mankind. I have only words of praise for the splendid col-
36 MESSAGES AND PROCLAMATIONS OF
leges established and maintained throughout the State by
the different church organizations or by local enterprise.
The young men of Missouri are wise to take advantage of
these institutions; but when they go beyond them and seek
wider fields of knowledge, they should turn their footsteps
to their own University, and not go elsewhere. Thus, they
begin on the threshold of manhood to serve and Lo develop
the great State whose affairs, public and commercial, will
soon be committed to their hands. But if it is to be ex-
pected that our young men will make generous response to
this call, the State itself must do its duty.
A great progressive University cannot be created in a
day or by a word, nor can it be sustained by alms. It can-
not thrive as a mendicant. If it prospers it must have
ample means to support it. During the last four years I he
General Assembly has done fairly well in this behalf. But
we cannot stop where we are. If we clo not advance we
will retrograde. The work to be done is yet far from com-
pletion. We must supply the institution with whatever
is really necessary, and it should be done as rapidly as the
nature of the case will permit. A medical building, gym-
nasium, green-house, dairy buildings, fish-hatchery and a
well-equipped system of dormitories for the accommodation
of students, are all absolutely essential to a complete Uni-
versity establishment. They are indispensable. But equally
if not more important even than these, is the proper equip-
ment of the buildings already erected. After the plant,
so to speak, has been constructed, it would be a wise thing
if a good round sum could then be set apart each year for a
series of years, for an endowment fund, until at least $2,000,-
000 was raised thereby. That, added to the present endow-
ment, would raise the total to $3,000,000. The annual
interest arising from such a fund would make the University
self-sustaining would put it upon its feet and assure to
Missouri a glorious temple of learning commensurate with
the dignity of the State and worthy of its greatness.
In this connection it may be of interest to note the
endowments and annual incomes of the leading universities
GOVERNOR WILLIAM JOEL STONE 37
in other states with which ours must come in competition.
The endowment of Cornell University amounts to $6,000,-
000; of Yale, $3,500,000; Harvard, $13,000,000; Columbia,
$9,000,000; California, 14,300,000; Chicago, $5,500,000;
Texas, $571,000 in money and 2,000,000 acres of land;
while the present endowment of the Missouri University
amounts to only $1,193,958. The annual incomes of the
above named competing universities range from $236,000,
received by the University of California, to $987,000, the
amount realized by Harvard. The universities of Ohio
and Minnesota each have an annual income of $170,000;
thai of Wisconsin, $260,000, and that of Michigan, $320,000.
The permanent annual income of the Missouri University
is from two principal sources, namely, interest on State
endowments, amounting in round numbers to $61,000, and
the congressional endowments of the College of Agriculture
and Mechanic Arts, amounting at this date to about $33,000
the two making a total of $91,000. Only the $61,000 are
available, however, for the ordinary support of the Uni-
versity. There are no other sources of revenue, except the
small sums paid in the way of contingent fees or tuition,
and one or two unimportant, miscellaneous items. Thus
it will be seen that, in comparison with those of other great
universities, the endowments and the income of the Missouri
University are shamefully diminutive,
All these disadvantages cannot, of course, be remedied
in a day or a year. They are too numerous to remove by a
single stroke. But I am confident you will agree that each
succeeding General Assembly should perform its part and
do everything possible to advance this great work to a
speedy consummation. With a view to the exigencies of
the public service in other directions, I regret that I am
unable at this time to mitkc such recommendations as are
desired by the Board of Curators, or such as the present
needs of the institution demand, but I will venture to urge
the most liberal appropriations warranted by the condition
of the public treasury. A medical building is an immediate
and pressing necessity to supply adequate, or even respecta-
38 MESSAGES AND PROCLAMATIONS OF
ble, accommodations for one of the great departments of the
University. That department is now practically out of
doors, being housed in an old frame building which is scarcely
fit for a barn, is a positive disgrace to the campus, and ought
to be removed. To construct a medical building I recom-
mend an appropriation of $40,000. The main building,
which will be an ornament to the University and a credit
to the State, will be completed during the ensuing summer,
and an appropriation to furnish and equip it will be necessary.
For general support, including salaries, fuel and the like,
an appropriation will also be necessary. No appropriation
for this purpose was made by the Thirty-seventh General
Assembly, but in lieu thereof nearly $60,000 of back interest
due on a part of the endowments were appropriated, as may
be seen by reference to the act.
Appropriations for 1893-4 :
For main building
$250,000
For grading, walks, gas-fitting, etc
14,000
For new building at School of Minos.
15,000
For equipping same
10,000
Total
$289 , 000
Recommendations for 1895-6:
For medical building ,
140,000
For mounting and casing State exhibit ,
3 , 000
For furnishing and equipping main building
23,500
For general support , ,
00 000
Total
$12(5,500
The "State exhibit," for the mounting and casing of
which an appropriation of $3000 is recommended, consists
of the large and valuable collection of ores, woods, fish,
birds, etc., exhibited by the State at the World's fair, and
which the Thirty-seventh General Assembly directed to bo
deposited in the University museum. The sum returned
by the World's Fair Commissioners to the treasury will be
sufficient to pay one-half the expense necessary to properly
mount and case it.
GOVERNOR WILLIAM JOEL STONE 39
AMENDMENTS TO LAWS
Under the direction of the Board of Curators, the
Secretary of the Board has prepared a pamphlet showing
the defects in the laws relating to the University, and sug-
gesting desirable amendments. I commend this document
to your thoughtful notice. I desire especially to call atten-
tion to the necessity of amending the law relating to the
appointment of cadets to the University. The present
statute authorizes Senators and Representatives to appoint
these cadets; but no provision is made for their appointment
in case of vacancies in the offices of Senator or Representa-
tive. In consequence of this, it so happens that at the
present time two or three counties, or districts, are without
representation at the University. Numerous applications
have come to me to fill these vacancies, but I have found
myself clearly without authority in the premises. Some
amendment to the law should be made.
Apropos to this subject, I suggest the advisability of so
amending the act passed by the Thirty-seventh General
Assembly, requiring the eleemosynary and penal institu-
tions to deposit their monthly receipts with the State Treas-
urer, as to make it applicable to the educational institutions
supported by the State. The new law has been productive
of great good in the administration of the institutions to
which it applies, and I sec no reason why it should not be
extended to the normal schools and the University, and
every reason why it should be.
ELEEMOSYNARY INSTITUTIONS
The eleemosynary institutions consist of three insane
asylums, located at Fulton, St. Joseph and Nevada; a
School for the Deaf and Dumb, at Fulton; a School for the
Blind, at St Louis; the Reform School for Boys, at Boon-
vine, and the Industrial Home for Girls, at Chillicothe. All
of these institutions are well managed, and some are exceed-
ingly well managed. They merit, and, I have no doubt,
will receive, the fostering care of the State.
40 MESSAGES AND PROCLAMATIONS OF
1. Fulton Asylum. Appropriations for 1893-4:
Ordinary ....
Extraordinary .
Total .
Recommended for 1895-6:
Ordinary
Extraordinary
Total .
149,000
7,000
$50 , 000
$43,000
12,000
$55,000
The amount recommended for ordinary expenditures
is $6000 less than the amount appropriated two years aifo,
but is the full sum asked for by the Board of Managers for
that purpose. The reasons for the decrease arc explained
in the report of the Managers, and fully demonstrate what
may be accomplished by careful and intelligent adminis-
tration. Of the 112,000 recommended for extraordinary
expenditures, $2000 are for a laundry and $10,000 for re-
modeling thirteen wards. I am assured that the laundry is
much needed, and I know from personal inspection that the
wards should be remodeled. They are in the old building,
constructed many years ago, and are poorly liyhlccl and
ventilated. They are little short of dark and unwholesome
prisons. The total amount, ordinary and extraordinary,
which I have recommended, is $1000 less than the total
amount carried by the last appropriation.
2. St. Joseph Asylum. Appropriations for 1X93-4:
Ordinary. . .
Extraordinary .
Total
Recommended for 1895-6:
Ordinary
Extraordinary
Total .
$;),/><)()
11,800
$51,300
2,000
$41,500
GOVERNOR WILLIAM JOEL STONE 41
Of the $2000 recommended as extraordinary, $1,000 are
for repainting the interior walls of a large number of wards
which have become much defaced, and $1000 are for the
erection of a green-house. If the whole sum recommended
should be appropriated, it would still be $9800 less than the
last appropriation the result of an excellent administra-
tion by those in charge.
3. Nevada Asylum. Appropriations for 1893-4:
Ordinary
$51 600
Recommended for 1895-6:
Ordinary
$51,600
Extraordinary
10,000
This asylum was established under an act of the General
Assembly approved March 19, 1885. The main building
is one of the finest structures of its kind in the country.
Unfortunately, a large amount of the stone used in the
building has proved to be utterly worthless. I am informed
that this stone was subjected to all the ordinary tests
whereby its quality could be determined, but in spite of the
reports of experts, time has demonstrated its utter unfitness.
Large quantities used for water-tables, window-sills, plat-
forms, etc., are disintegrating and falling to pieces. So
rapidly and to such an extent has this disintegration pro-
ceeded, that the entire building is in danger. Expert archi-
tects and builders have recently examined the structure with
a view to determining what it will cost to remove the rotten
stone and replace it with sound material. One architect
reports that this work of repair will cost about $10,000;
another places it at under $2,000; while the contractor who
erected the building, an experienced and careful man, esti-
mates that these repairs can be made for about $3000.
The absolute necessity, however, of having the work done
at once, and the apparent wisdom of having it well done,
has induced me to recommend an appropriation of |1 0,000,
or so much thereof as may bo necessary. I do this because
42
MESSAGES AND PROCLAMATIONS OF
of the utter lack of agreement in the estimates made. If
the whole amount is not needed it will not be expended;
but its appropriation would prevent any possible delay,
which might be hazardous, for lack of sufficient means.
This asylum is also well conducted, but the fact that it is a
new institution, and that its sources of income are less than
those of the other asylums, makes it for the present some-
what more expensive to maintain.
4. School for the Deaf and Dumb. Appropriations for
1893-4:
Ordinary
Extraordinary .
Recommended for 1895-6:
Ordinary, support, etc.
Extraordinary
$112,500
3,225
$115,725
$113,500
1,000
$114,500
The amount recommended as ordinary exceeds the
ordinary appropriation made two years ago by $1000, and
is for the purpose of employing an additional teacher. The
$1000 recommended as extraordinary is for the improvement
of the grounds,
5. School for the Blind. Appropriation for 1X93-4:
Ordinary, support, etc .
Ordinary, salaries
Recommended for 1S95-6:
Ordinary, support, etc.
Ordinary, salaries
$35,000
24,000
$34,000
25,000
$50,000
The amount asked by the Board of Managers, and
which I recommend, is in the aggregate the same as that
GOVERNOR WILLIAM JOEL STONE 43
appropriated by the last General Assembly. The Board,
however, for reasons stated in its report, which I approve,
and to which I refer your honorable bodies, recommend
that $1000 be taken from the support fund and added to the
salary fund.
I wish in this connection to call attention to a claim
amounting to $2000, presented by the city of St. Louis to
the Board of Managers for improvements made on Morgan
street in front of this school. The improvements were made
under the law providing for a special tax for street recon-
struction. The work was well done and no doubt an appro-
priation should be made to meet the special tax therefor.
I desire, also, especially to direct the attention of your
honorable bodies to the recommendation of the Board of
Managers with reference to disposing of the property now
occupied by this institution, with a view to removing the
school to a more eligible site.
Both of these schools provided for the education of the
unfortunate children of the State are among our noblest,
most beneficent and useful charities, and I commend them
to the continued favor of the people's representatives.
6. Reform School for Boys. Appropriation for 1893-4:
Ordinary
Extraordinary ,
Total .
Recommended for 1895-6:
Ordinary
Extraordinary .
Total .
$29,000
6,500
$35,500
$29,000
15,000
$44,000
Of the extraordinary appropriation recommended, $6000
are for a new cottage for boys; $2600 are for store-room and
cold-storage; $1400 for carpenter and blacksmith machinery,
boiler and engine for industrial building; $500 for equipping
laundry; $1000 to purchase a brick machine and engine;
44 MESSAGES AND PROCLAMATIONS OF
$1000 to purchase twenty knitting machines, and $500 for
heating the shops. I know that all these improvements are
very much desired, and most of them are necessary. The
total amount recommended exceeds the total of the last
appropriation by $8500.
This school was established under an act passed in 1887,
and is doing excellent work. One hundred and seventy-two
boys are now confined there. It has been in operation only
a few years. During that time it has discharged 225 boys.
A special effort is made by the superintendent to keep track
of those discharged. He has recently furnished me a report
in detail showing the record he has been able to keep of
those released. Of the 225 dismissed from the school, 14 4
are permanently employed, and are doing well; 16 arc doing
moderately well, 9 are doing badly, although still a I liberty;
21 have been sent to prison, and 35 have disappeared, and
nothing is known of their whereabouts or of their conduct.
These results cannot but commend this excellent institu-
tion to universal public favor.
COMMUTED BOYS
In connection with this school, I desire to call the at-
tention of the General Assembly to a matter which has
already become an abuse. It is contrary to the statutes of
the State to sentence a boy under 16 years of age to the
penitentiary, A boy under that age committing a felony,
ordinarily punishable by imprisonment in the penitentiary,
must be sent to the Reform school, or sentenced to the county
jail, in the discretion of the trial judge. In the case of boys
between the ages of 16 and 18, it rests in the discretion of
the judge whether they shall be sentenced to the peniten-
tiary, or sent to the Reform school. Of one thing I fed
quite sure, namely, that it is a rare case when any boy under
18, or even 20, years of age should be sent to the peni-
tentiary. It may be interesting in this connection to state
that there are now 323 boys in the penitentiary under 20
years. Unless the crime is unusually heinous, or the criminal
GOVERNOR WILLIAM JOEL STONE 45
unusually hardened, I regard it as almost inhuman, and a
disgrace to our civilization, to sentence a child 16 or 17 years
of age to a long service in the penitentiary, where all his
surroundings will tend to debase his nature and to confirm
him in criminal habits. I think all our circuit judges will
agree to this statement; and yet many of them are con-
stantly sentencing children of this kind to the penitentiary.
My attention has been called to several instances of children
in the penitentiary who claimed to be under 16, and who
were able to satisfy me from evidence that they were under
that age. In all such cases I have commuted the sentence
to confinement in the Reform school. And right here lies
the abuse of which I speak: If the trial judge in the first
instance orders the confinement of boys in the Reform
school, they are sent there at the expense of the county of
their residence; but if they are sent to the penitentiary and
the Governor commutes the sentence, then they go to the
Reform school at the expense of the State, for the reason
that no other provision is made in such cases for their
support. It has now come to be quite a common practice
for trial judges to sentence these lads to the penitentiary,
expecting them to be sent to the Reform school by executive
order, thereby relieving the counties of their circuits from
the burden of maintaining them, and casting it upon the
State at large. It needs no argument to prove that the
State should support all these boys or none. It is mani-
festly unfair to those counties having circuit judges who clo
their duty without seeking to shift the burden of it, to
allow a practice by which the legal and just liabilities of
other counties, blessed with more provident judges, are
added to their own. This reprehensible practice can be
broken up by so amending the commutation law as to provide
thai in cases where the Governor shall commute the sen-
tence of boys from imprisonment in the penitentiary to
confinement in the Reform school, they shall be sent there
at the expense of the county from which they were sentenced
or in which they reside, I commend this subject to your
thoughtful consideration.
46 MESSAGES AND PROCLAMATIONS OF
7. Industrial Home for Girls. Appropriations for
1893-94;
Ordinary ,
Extraordinary .
$14,100
Recommended for 1895-96:
Ordinary
Extraordinary .
$14,000
100
814,200
25,600
$39,800
The $200 recommended increase in the ordinary ex-
penditures is due to the growth of the institution. The items
for which the extraordinary appropriation is recommended
are as follows: New cottage for girls, $20,000; furnishing
and heating same, $5500; fruit trees, $100. The amount
recommended would increase the total appropriation over
the last by $25,700. The new building is absolutely and
immediately necessary if the work is to be continued and
the institution made adequate to meet the demands upon
it. For some months past the Home has been overcrowded,
the number now restrained there being 63. There is no
room for a single additional inmate. Girls entitled to the
benefits and privileges of the school arc constantly being
denied entrance thereto because of utter inability to ac-
commodate them.
The school is accomplishing a great work in helping
wayward and homeless children along the rough paths they
are obliged to tread. This institution was also established
by an act passed in 1887. It has been in active operation
about five years, and during that time fifteen girls have been
discharged therefrom. Two of these remained at the
Home only a few days, and were then returned to their
respective counties as wholly unfit subjects for admission.
Of the remaining thirteen who have been dismissed, only
one is known to have turned out badly, although all trace
has been lost of two others. They have disappeared and
GOVERNOR WILLIAM JOEL STONE " 47
nothing is known of them. Nine out of the remaining ten
are doing well, and the other one is now reported as doing
moderately well. Seven of those discharged have since
married, and the others are honestly employed.
PENITENTIARY
The penitentiary is perhaps the most difficult of all
the State institutions to manage, and furnishes more per-
plexing problems for solution than any other. Warden Pace
has been obliged to confront obstacles of the most harassing
description, which have required the greatest care and
prudence and the most exacting attention to overcome.
Under the circumstances he has every reason to congratulate
himself upon what, in justice to him, I denominate the
phenomenal success of his administration. The condition
of the prison when he received it was such that he was
compelled to expend some $13,000 in making repairs, the
necessity for which had existed for some time and could not
be longer delayed. For the first half of 1893, the receipts
of the prison for labor employed under contract made the
institution even more than self-sustaining. Then came the
panic, which has been so prolonged and disastrous. The
men working under contract were employed by companies
engaged in different lines of manufacture. Each company
doing business at the prison is under contract to employ a
minimum number. During the first six months of Warden
Pace's administration the shops were run at their full
capacity. The contracts then called for 1030 men, but
nearly every contractor had a number of extra men at work.
At one time during that period the number of men em-
ployed in the shops was 1202, which was 172 in excess of
the requirements of the contracts.
But the prison manufacturers were affected by the
panic in the same way as those on the outside. They found
it necessary to curtail the limits of their operations. To such
an extent did this go that the number of men actually worked
by the contractors fell off from 1202 to 888 during the fall
48 MESSAGES AND PROCLAMATIONS OF
of 1893, which was 314 men less than the minimum covered
by the contracts. It often happened during August, and
subsequent months in 1893, and the earlier months of 1894,
that scores of men being paid for by the contractors were
lying idle in their cells. When the men employed in excess
of the contracts were laid off, the loss fell upon Ihe institu-
tion; when men contracted for were left in their cells, the
loss fell upon the contractors. The direct and palpable
effect of the panic on the penitentiary was to decrease the
receipts from *$75 to $100 per day. In addition to that, as
if that were not enough, the inmates of the prison increased
with astonishing rapidity. This increasing number of
admissions became noticeable during the fall months of
1893, and has continued almost without intermission ever
since. The number of convicts at the penitentiary on
January 1, 1893, was 1689. It had grown to 1867 on Janu-
ary 1, 1894, and to 2178 on December 31 of that year. In
these two years the number of convicls has increased 29
per cent.
But in spite of decrease in revenue on the one hand, and
increase in responsibilities on the other both of which
untoward contingencies were wholly beyond the control of
the Warden he has managed the institution with such
remarkably good judgment and skill as to make it almost
self-sustaining. During the last two years the penitentiary
has cost the tax-payers $25,709.29 for maintenance, ex-
clusive of construction and repairs. But the Warden reports
that he now has on hand supplies which cost $'1,(>1(U>1 that
were paid for out of this sum so expended for maintenance.
Subtract the cost of these supplies from the $25,709-29
drawn from the treasury for maintenance, and the actual
expense to the tax-payers for this purpose during the last
two years will be $21, 092. (58. During the two previous years,
1891-92, even under the extremely economical management
of Warden Morrison, the sum of $18,810, also exclusive of
repairs, etc., was drawn from the treasury for like support,
*This Is an obvious error, but is exactly as printed in tho Appendix.
GOVERNOR WILLIAM JOEL STONE 49
although the prison then contained nearly 500 fewer con-
victs than now; while for the first two years of Mr. Morrison's
administration, 1889-90, the sum of $70,325, exclusive of
repairs, was drawn from the treasury for the support of the
prison; that is, the expenses incurred for clothing, food,
salaries, etc., exceeded the earnings by that amount. And
these most gratifying results have been accomplished with-
out any diminution in the sufficiency or quality of the food
and clothing furnished the convicts, and without any
detriment to the sanitary conditions of the prison; but,
on the contrary, the high standard of the institution in
these particulars has been not only upheld but advanced.
During the last two years extensive and valuable
additions have been made to the penitentiary. The most
important of these is the new power plant. The power-
house is one of the most complete establishments of the
kind in the State. The new boiler-plant located therein
can supply sufficient power to operate all the machinery in
all the establishments of the penitentiary. A slaughter-
house, complete in its appointments and ample for the
uses of the prison, has been erected. A third story has been
added Lo one of the buildings occupied by the Giesecke Boot
and Shoe Co., thereby adding a new shop 60x180 feet in
dimensions. In addition thereto, other extensive improve-
ments and repairs have been made to the buildings, ma-
chinery, etc. The aggregate actual cost in money for the
improvements made amounts to $50,539.54, which were
expended for machinery, hardware, cement, lumber, and
the like. All other material used and the labor employed
were furnished by the institution itself.
An appropriation of $8000 was made by the last General
Assembly for the purpose of purchasing a body of land
adjoining the prison, containing about forty acres, and
known as the "Minor tract." The property was obtained
and has been conveyed to the State at a cost of $7000,
This will be a valuable addition to the penitentiary, affording
opportunity to enlarge the prison quarries, while the ground
50 MESSAGES AND PROCLAMATIONS OF
can be used in producing vegetables for consumption,
thereby saving a large expense on thai account.
IMPROVEMENTS NEEDED
As the business depression incident to the panic dis-
appears, the industries prosecuted at the prison revive. A
steady improvement is perceptible, and the future holds out
the prospect of a constantly growing prosperity. With the
increase in business comes an increasing demand on the
part of contractors for additional men. The number of
men contracted for and employed on December 31, 1894,
was 1030.
The institution is now confronted by two things, which
occasion serious embarrassments, namely: the lack of cell-
room for convicts, and the lack of sufficient shop-room for
the use of contractors. A word of explanation:
First. The present cell-buildings were constructed
with a capacity of accommodating 1604 prisoners. A larger
number cannot be admitted to the cells without over-
crowding. All the cells are now filled beyond their normal
capacity. At present there are 2008 men crowded into them.
This is a source of great discomfort to the prisoners, and
also greatly endangers their health. But that is not all.
Notwithstanding the fact that over 400 more men have
been put into the cells than they were constructed to receive,
there are still nearly 200 more for whom no cells arc pro-
vided. About half of the chapel has been converted into a
dormitory, where these prisoners are confined at night under
guard. The necessity for a new cell-building is imperative.
Its construction cannot longer be delayed. Plans for a new
building have been prepared by gentlemen familiar with
prison architecture, and it is estimated that the construc-
tion of a building with proper modern appliances, ample for
even immediate demands, will require a cash expenditure
of about $100,000.
Second. All the shops provided for contractors are now
occupied. They cannot comfortably accommodate a larger
GOVERNOR WILLIAM JOEL STONE 51
number of workmen than are now employed therein. A
few more have been employed in these shops, but the in-
convenience and unwisdom of overcrowding is too manifest
for discussion. If it is desirable to extend the contract
system, then opportunity must be afforded for utilizing the
men. New shops must be built. There are three or four
buildings now used by contractors, to each of which a third
story might be added. That would no doubt answer the
needs of the institution in this behalf for the present and
for the immediate future. If these additions are made, it
is estimated that they will require a cash outlay of about
$25,000. I believe the most feasible thing that could now
be done would be to make these improvements. But whether
this should be done or an entirely new building erected is a
question I submit for your determination.
Of almost equal importance is the necessity for a
laundry, storehouse and hospital. It is thought that a new
building can be devised in which all these can be combined.
To construct a building of this description will necessitate
a further expenditure of at least $25,000.
After consultation with the Warden and Inspectors, I
feel obliged to recommend the appropriation of at least
$200,000, to be used in the construction of new buildings,
the support of the institution, and in making ordinary
repairs. If $150,000 should be actually used in the con-
struction of new buildings, there would still remain the sum
of $50,000 for maintaining the institution. I assume that
the experience of the next two years will not be more trying
than those of the last two; and if this prediction shall be
verified, the sum of $50,000 will be ample to meet any excess
above earnings required foY ordinary support. I believe
it will be found sufficient, unless business conditions become
much worse than I anticipate, or some serious calamity over-
takes us. I also recommend the usual appropriation of
$1000 for the library and to supply reading matter to con-
victs* I am informed that the Board of Inspectors recom-
mend that the salary of the prison physician be increased
from $1200 to $1500 per annum. The large increase in the
52 MESSAGES AND PROCLAMATIONS OF
number of convicts has added greatly to the labors and
responsibilities of that official, and I believe the recom-
mendation of the Inspectors should receive your favorable
consideration.
PARDONS
Section 8 9 article V of the Constitution requires the
Governor to report to each General Assembly the number
of pardons, commutations, etc., granted during the previous
two years, with the reasons therefor. Herewith I shall
transmit a statement in detail, made in compliance with the
provisions of the Constitution referred to. In a general way,
it is sufficient to say that during the biennial period just
closed I have granted 107 pardons and 34 commutations,
making a total of 141 for the two years and an average of
70 y% per year, as follows:
Pardoned on the merits of the application, 17; pardoned
that they might be tried for more serious offenses, or to be
used as witnesses in important prosecutions, 6; pardoned on
the recommendation of the prison physician and inspectors
because of dangerous sickness, 33; pardoned solely to restore
citizenship in cases where the beneficiaries had been previ-
ously discharged from prison, 37; holiday pardons granted in
conformity to a custom long established, 9; commutations
made to shorten the terms of sentences imposed by I he
courts, 14; commutations from death to life imprisonment,
5; commutations of the sentences imposed upon children,
from the Penitentiary to the Reform school, 15. The
Lieutenant-Governor also granted three pardons while
temporarily occupying the executive office, For I lie purposes
of comparison, it may not be inappropriate to stale that
during the two previous years the number of pardons and
commutations granted by my honorable predecessor were as
follows :
GOVERNOR WILLIAM JOEL STONE 53
Pardoned from the penitentiary .
Commutations
Pardons to restore citizenship. . .
Total
87
79
34
200
BOARD OF PARDONS
Apropos to the subject of pardons, I desire to invite the
attention of the General Assembly to the advisability of
establishing a board of pardons, or a board of pardons and
inspection. The penitentiary has grown to be a stupendous
concern, and its magnitude and importance will continue
to increase with the growth of the State. There are now
fully 1000 applications for pardons pending before me. The
pressure from this source is very great. Mothers, wives,
daughters, relatives of all degrees, friends and attorneys,
are constantly streaming in to press these applications upon
executive consideration. Aside from the tremendous and
unceasing strain on nervous vitality resulting from the
harassing incidents connected with these petitions, a vast
amount of time is consumed in giving them attention.
Scarcely a day passes that a considerable part of it is not
absorbed in this way, and it not unfrequently happens that
whole days, sometimes several succeeding days, are taken
up almost entirely in listening to applications for clemency.
The cares and duties imposed upon the Governor have
greatly multiplied in recent years, and important public
business is often much delayed by the number and per-
sistency of those who come to importune the Executive for
favors to prisoners confined in the penitentiary.
Would it not be well to follow the example set by many
of the leading states and establish a Board of Pardons?
Under the Constitution the pardoning power is vested in the
Governor, and I presume he cannot be divested of it without
amending the fundamental law. It is possible that the power
to grant absolute pardon cannot be conferred by statute
upon a board, but it could be empowered to examine into
54 MESSAGES AND PROCLAMATIONS OF
cases and to make recommendations. Without attempting
to abridge the original power of the Governor himself, he
could be authorized to refer applications to the board to be
examined and reported upon. In that way the Governor
could be relieved from these distressing annoyances, and a
vast amount of valuable time now given to these investiga-
tions be saved and devoted to public business. On the other
hand, fitting opportunity would be afforded prisoners for a
more prompt, patient and intelligent examination into
meritorious applications for executive relief. I believe that
fully 95 per cent of these applications for clemency are
without merit, or at least not entitled to serious considera-
tion. I believe there are comparatively few instances in
which executive authority is justified in disturbing the judg-
ments of the courts. Solemn judicial sentences should not
be vacated except for paramount reasons; but, at the same
time, no citizen should be permitted to suffer injustice, even
though the mandate under which he is held has the sanction
of a court.
I believe there are in the aggregate quite a number of
cases which do deserve executive consideration. With
2200 prisoners confined in the penitentiary, of all sexes and
of all ages from 16 to three-score and ten, convicted of
crimes of all grades and by all classes of testimony, it would
be strange if there are not some who are the victims of
passion, prejudice, mistake or conspiracy. The duty of
passing upon these applications is a trying and delicate one.
The man, or men, who can discharge it successfully and in
the right spirit, must combine the power of resistance with
patience, and the quality of mercy with a high capacity for
correct discrimination. I believe a humane and jus I ad-
ministration of a great institution like this requires (hat
there should be some one or more connected with it who could
properly investigate meritorious applications for clemency,
and be clothed with power to relieve in proper cases.
The Board of Pardons could also be made a Board of
Inspection for the penitentiary. In that event, it should be
vested with adequate powers to make it an important factor
GOVERNOR WILLIAM JOEL STONE 55
in conducting the affairs of the institution. The present
Board of Inspectors composed of the Auditor, Treasurer
and Attorney-General is possessed of very limited au-
thority, and has practically nothing to do with the adminis-
tration of the penitentiary. Besides, these gentlemen are
necessarily occupied with the duties of their own offices,
and have but little time to devote to the work of inspection.
The Inspectors should constitute an advisory board, and
they should be men familiar with business pursuits, especi-
ally with manufacturing pursuits, and should also thoroughly
familiarize themselves with the management of large and
important prisons. A Board of Inspectors, clothed with
adequate powers, and composed of at least two thoroughly
experienced business men, having an extensive knowledge
and practical idea about manufacturing, and one level-
headed lawyer capable of advising while considering ques-
tions relating to the duties of the Board, would be of some
real use to the institution. The force of these observations
is recognized by the present Board of Inspectors. They
have stated to me that they would cheerfully surrender the
inspectorships they hold and support an effort to establish
such a board as I have suggested. I cannot now discuss the
subject at greater length, but express the hope that it will
receive your thoughtful consideration.
ELECTRIC LIGHTS
Before dismissing the Penitentiary from further notice,
there is another subject to which I desire to call attention,
although it is one which does not directly concern the prison.
The expense to the State for furnishing gas and electric
lights to the capitol, supreme court building, armory, capitol
grounds and executive mansion is over $3000 per year.
The expense for electric lights alone amounts to about
$2000 per annum. These interior lights do not run later
than 1 o'clock, at which hour the circuit is broken. The
light furnished has been poor and extremely unsatisfactory.
The incandescent globes, or lamps, purporting to have a
56 MESSAGES AND PROCLAMATIONS OF
16-candle power, do not, as they are operated at the public
buildings, furnish ordinarily a light of more than half that
power. Upon inquiry, I have ascertained that a dynamo of
the finest and most approved description, capable of sup-
plying 1200 lamps and maintaining a steady light of full
16-candle power, together with engine, wire, poles, and
everything necessary to establish a plant to supply the State
buildings with adequate light, can be purchased and put in
operation for a sum not exceeding $5000. An all-night
electric plant is now operated at the penitentiary. A new
dynamo and engine for working the plant suggested could
be located at the prison and operated in conjunction with
the one already there. The same men, and substantially
the same power, now used to maintain the penitentiary
plant could be used to operate the one proposed. The
additional expense would be inconsiderable.
I repeat, all the machinery necessary to establish and
operate such a plant can be purchased, the wires put up
and the lights set aglow for a sum not exceeding $5000.
This is not a matter of conjecture. Warden Pace, aided by
Mr. Vance, the electrician at the prison, at my request,
has fully investigated the subject. The Warden has cor-
responded with several leading houses engaged in the busi-
ness of manufacturing electrical apparatus and in establish-
ing plants of the kind under consideration, and Mr. Vance,
who is himself familiar with such matters, has personally
interviewed the agent of one of the most prominent of these
firms, and from information thus elicited the Warden assures
me that he can with $5000, and possibly a less sum, put in
all machinery necessary for lighting the public buildings
at the capital, and that he can operate the same without any
additional expense of consequence. If this should be done,
the cost of the plant would be returned by the amount
saved on account of it within the next two years, and [here-
after these buildings would be supplied with far belter
light than now, practically without expense to the State.
1 suggest, therefore, that the sum of $5000 be appropriated
for this purpose.
GOVERNOR WILLIAM JOEL STONE 57
IMMIGRATION
I ask your consideration of the propriety of providing
agencies and means for properly advertising our wonderful
resources, with a view to inducing capital and desirable
immigrants to seek investments and homes in our midst.
Other states have surpassed us in enterprises of this char-
acter, and, with far inferior resources, have kept apace with
us in the march of progress. Several times within the last
two years I have been invited by the authorities of both
Western and Southern states to join with them in move-
ments intended to promote industrial development, but have
been unable to respond for lack of means at my disposal
for that purpose. A board of immigration is authorized
by the present law, but for lack of means it has long since
fallen into "innocuous desuetude." Whether it would be
advisable to revive this board, or to adopt some more direct
and less cumbersone agency, is something for your con-
sideration in the event you should determine to take any
action whatever with regard to the subject. In my opinion
the sum of $10,000 might be wisely expended in this direc-
tion.
BENTON'S STATUE
The olid hall of the house of representatives in the
national capital has been converted into what is termed
"Statuary hall." The room is crowded with noble memories
that thrill the hearts of patriotic Americans whenever they
stand within its historic walls. Sufficient space has been
set apart therein for each state to place the statues of two
of their most distinguished men. Most of the states have
already placed statues in the spaces reserved for them.
Missouri alone, of all the larger states, is without repre-
sentation. This has been a subject of wonder to thousands
of our fellow-citizens residing In other states, as it should be
a cause for shame and humiliation to every Missourian. I
doubtless under-estimalc when I say that every year fully
1,000,000 people march in and out of this hall and view the
58 MESSAGES AND PROCLAMATIONS OF
stately statues standing there. In Missouri's space there
is nothing to catch the eye, but only vacancy to reproach
us. Every consideration of honor, pride and interest re-
quires that this disgrace should be terminated. It is in-
cumbent upon the legislatures of the several states to desig-
nate those whose statues it is desired should be placed in
this hall. I feel safe in saying that every citizen of the Slate
will agree that one of those to be placed there by Missouri
is that of Thomas Hart Benton. Whatever difference of
opinion you may have as to who should stand as his com-
panion in this company of America's ipimortal men, I am
confident there will be entire agreement that Mr. Benton is
at least one of those deserving this honor at our hands. 1
recommend that the sum of $6500 be appropriated to be
used in having this statue made and placed in the hall
referred to.
RESUME
The principal object of this communication is now ac-
complished. Conscious that Senators and Representatives,
absorbed with their personal affairs up to the hour of leaving
home, come here without accurate information or well-
defined ideas of the financial and business affairs of the
government in detail, I thought the greatest service 1 could
render you would be to lay these matters before you with
such plainness and circumstantiality as would enable you
to proceed with your work intelligently and without un-
necessary delay. My object, therefore, has been to furnish
information and to advise with you on the following sub-
jects:
1. The sources of State revenue.
2. The funds into which it is divided, and the purposes
to which they can be applied.
3. The amount of revenue received, and the expendi-
tures made during the last two years,
4. Estimated receipts and expenditures for the en-
suing two years.
5. The present condition of the public debt.
GOVERNOR WILLIAM JOEL STONE 59
6. A brief statement concerning the condition of the
several State institutions, with recommendations for ap-
propriations to meet what I estimate to be the immediate
and urgent needs of each.
Having done this much, I will close this message with-
out entering upon the discussion of other subjects, although
there are many of great importance which must attract
our attention. Some of these are subjects, however, which I
believe should be separately treated in special communica-
tions. Criminal costs, election laws, bank inspection, trusts
and corporations, revenue laws (embracing assessments,
licenses, etc.), are all subjects of sufficient importance to
require separate and careful treatment. They cannot now
be adequately discussed without extending this communi-
cation beyond a reasonable limit. I shall doubtless take
occasion at an early day to submit my views upon these
subjects, or some of them, for your consideration.
CESSION TO THE UNITED STATES
I transmit herewith a copy of a communication from
the Secretary of War, relating to the cession by this State
to the United States of exclusive jurisdiction over certain
lands to be used by the general government in connection
with the improvement of the Osagc river, and also the draft
of a bill prepared by him providing for the cession. Con-
gress has appropriated funds for commencing the construc-
tion of a lock and dam at or near the mouth of the Osage
river, and the United States have secured title to certain
parcels of land as a site therefor, but the laws of the United
States require that the government thereof shall hold juris-
diction over the sites for all public works before such works
can be begun. The bill prepared by the Secretary of War
is framed for the purpose of having such jurisdiction ceded
to the United States. To prevent any delay in the proposed
improvement, which is an important one, I respectfully
urge the earliest possible action upon the measure proposed.
60 MESSAGES AND PROCLAMATIONS OF
UNIFORMITY OF LEGISLATION
I transmit herewith a copy of a communication re-
ceived from Henry R. Beekrnan, Esq., president of the New
York Commission for Promoting Uniformity of Legislation,
and also chairman of the joint conference, embracing the
commission so far appointed by other states. It is evident
to every man of experience that the utter absence of uni-
formity in the laws of the several states creates much con-
fusion, is a source of great inconvenience, and often of posi-
tive injustice. An intelligent and well-directed movement to
remedy this evil and to secure approximate uniformity of
legislation should unquestionably receive our approval and
support. I submit the matter for your consideration.
RETROSPECTIVE
From a business point of view, the last two years have
been characterized by the most trying experiences. In the
summer of 1893 a financial panic broke like a storm upon
the country. It is not within my province to discuss at this
time the causes for this tremendous convulsion, I speak only
of its bad effects. These have been protracted and severe.
Many of the greatest financial establishments of the Central,
Western and Southern states were overthrown. Falling,
they brought wide-spread distress upon the country. The
large transportation, mining and manufacturing corpora-
tions and other industrial associations, found it necessary
to suspend or curtail their operations. Business^ terribly
depressed, has been limping with heavy $tcp. These condi-
tions have provoked repeated, and often angry, controversies
between large employers of labor and their workmen. These
controversies have related usually to hours of work or wages
paid, or to both; and it not unfrequently happened thai a
struggle, which was purely local at its inception, widened
from one exciting cause or another until the industries, and
even the good order, of a half dozen or more slates became
involved. Of this latter kind there were three conspicuous
GOVERNOR WILLIAM JOEL STONE 61
instances, namely, the so-called Coxey movement, the great
coal miners' strike, and the still greater railroad strike led
by the American Railway Union. During the progress of
these struggles the states round about us in every direction
were involved in fierce and riotous tumults by the warring
forces. In Pennsylvania, Ohio, Indiana, Illinois, Iowa,
Kansas, Colorado, Alabama, and other states, the military
power was invoked by public authority, and in nearly all
these states there were bloody and fatal conflicts between
the strikers and the soldiery.
Throughout these trying ordeals Missouri bore herself
with a dignity so conspicuous that it cannot but emphasize
the splendid character of our people. As of necessity, the
State was more or less affected by the storm raging around
us. Missouri is one of the first states of the Union. Upon
its soil is one of the largest cities in the Republic, besides
other great centers of population. Winding over its hills
and along its plains and valleys are 6565 miles of railroad,
to operate which about 25,000 men are employed. This is
also one of the principal coal mining states, there being over
10,000 men employed in that industry. The general situa-
tion here was substantially the same as that in the other
large stales. Several divisions ot the " Coxey army" came
into Ihe State, but they were so managed that they passed
through and disappeared, almost without attracting public
attention to their presence. The movement did not find
support with our people. The efforts made by a half-
dozen visionary agitators in our large cities to interest
workingmen in the crusade were unsuccessful. The motley
and incongruous hordes of Coxeyitcs who swarmed over the
country on their way to Washington had among them no
contingent from Missouri.
In obedience to a call made by the national officers ol
the Miners' Union, the coal miners of this State abandoned
their shafts and pits. But while the miners and the militia
in Pennsylvania, West Virginia, Ohio, Indiana, Illinois,
Kansas and Alabama were engaged in open war, and the
authority of those states was being strained to the utmost,
62 MESSAGES AND PROCLAMATIONS OF
the miners of Missouri, under exciting and sometimes ex-
asperating conditions, remained passive and maintained
their reputation as patriotic and law-abiding citizens. Dur-
ing the railroad war, while both the militia and the regular
army were galloping over many of our neighboring states;
while battles were being fought, property destroyed and
men slain; while passion was high, excitement intense and
tumult universal, no instance of disorder occurred in this
State of sufficient magnitude to attract more than a passing
notice. Many thousands of men abandoned their posts,
and for a few days several railroads were more or less
embarrassed because of these local conditions: but it is a
well-known fact that the railroads of Missouri were far more
affected by what occurred without than within the State.
The peace of this great State was scarcely broken. At
Moberly, Springfield, Thayer and Birds Point a number of
striking employes congregated and sought to obstruct the
movement of trains. The roads against which these at-
tempts were made are the Wabash, the Kansas City, Ft
Scott & Memphis and the Iron Mountain. To these points
I dispatched one or more members of my staff, to three of
them I sent the Assistant Attorney-General, and to one of
them I also sent the Superintendent of Insurance, to en-
courage and aid the local officers in suppressing disorder
and preserving the peace. There were no outbreaks, no
savage rioting, no destruction of life or property anywhere.
The harm done consisted in a temporary obstruction to the
transportation of passengers and freight by delaying the
movement of trains. But that disorder was soon sup-
pressed, never continuing for more than three or four clays.
There was some little friction at one or two other point**,
but so inconsequential as to be unworthy of special mention.
Throughout this entire conflict, no instance of disorder
occurred which could not be easily controlled by the local
constabulary. There was never a time when there was any
real need for outside assistance.
Throughout these months of weary, terrible, exasperat-
ing controversy, breaking forth now and then into ferocious
GOVERNOR WILLIAM JOEL STONE 63
and sanguinary conflict, the peace of Missouri was scarcely
disturbed. There has been no occasion whatever for the
employment of military force. The local officers and the
posse comitatus have been found amply able to meet every
emergency. Although I greatly lament the misfortune which
overtook our sister states, I will not deny the gratification
it affords me to again call public attention to the exceptional
record made by Missouri, because the contrast is so highly
creditable to our people.
It is also safe to say that Missouri suffered as little
from the panic in its financial and industrial interests as
any other Western or Southern state. As a rule, with only
a few exceptions, our large financial and industrial establish-
ments stood unshaken, and maintained their high credit
unimpaired in spite of the strain upon them. Our farmers
have been blessed with abundant crops, and today their
bins and barns are filled to overflowing with the products
of the field and meadow. We have had no disasters of flood
or fire, no decimating epidemics, no overwhelming calamity,
no great misfortune. All this gives reason for congratula-
tion. If peace and plenty could make a happy and contented
people, Missouri would have no cause to complain. Every
condition necessary to a prosperous community exists in
this commonwealth. If our people are discontented, if
they are not prosperous, if prevailing conditions are un-
propi lions, then the cause or causes therefor are general,
not local; they relate to national and not to State affairs.
The work you have come to do is interesting and im-
portant. Possibly some new legislation along lines not
hitherto attempted in this State can be entered upon with
profit, but I question whether our code cannot be most
improved and the public interests best advanced by careful
amendments designed to cure defects in the laws already
upon the statute books. But whatever you do I hope will
be done with discreet judgment and thoughtful care, and
with the single object of promoting the public good. Our
personal and party rivalries should be lifted to a high plane.
They can find their best expression in the efforts we make
64 MESSAGES AND PROCLAMATIONS OF
to excel each other in devoted service to the State. Those
who bring a high and unselfish patriotism to the discharge
of public duty will render the most faithful service to their
constituencies and contribute most to the honor and glory
of the State. I wish you a pleasant sojourn at the capital
and a profitable session of the General Assembly.
WM. J. STONE.
GOVERNOR WILLIAM JOEL STONE 65
EXTRA SESSION MESSAGE
APEIL 23, 1895
From the Appendix to the Journals of the General Assembly, 1895
Gentlemen of the Senate and House of Representatives:
I have felt it my duty to convene the General Assembly
in extraordinary session, to consider several questions of
high public importance.
I.
I ask the General Assembly to enact a law governing
elections held for the election of public officials in cities
having a population of 100,000 and over. The desire for a
better law, applicable to such cities, is so universal, and the
necessity for it so generally conceded by right-thinking
people, that I feel as if I need do little more than submit the
subject for your consideration; there is certainly no occasion
for an elaborate discussion of it. The residents of St. Louis
and Kansas City are impressed with the belief, which,
unhappily, is justified by experience, that gross frauds in
elections held under the existing law have been and can be
committed. Even when this law is administered by the
most honest and painstaking officials, it is practically im-
possible to prevent fraudulent registration and voting on a
comparatively large scale. The number of frauds, and the
facility with which they may be committed, can, of course,
be greatly augmented by the connivance of dishonest
officials; but, as I have said, it is extremely difficult, if not
practically impossible to so administer the present law as to
prevent a large number of fraudulent registrations, and, in
consequence, a large number of fraudulent votes.
There is no doubt of the truth of this statement. The
necessity of a better law is therefore self-evident. The
ballot-box should be guarded with the utmost vigilance
66 MESSAGES AND PROCLAMATIONS OF
against crime, and be protected, as far as possible, from
every description of fraud. Election machinery should be
constructed with the sole object of securing a fair and honest
election. No patriotic citizen, no honest man, can object
to that. Every qualified elector has a right to cast one vote,
to be fully protected in the exercise of that right, and to have
his ballot honestly counted. The public will, fairly expressed
at the polls, should be promptly and implicitly obeyed.
To the extent that these plain and familiar truths are de-
parted from, the public right and safety are invaded and
our institutions of government imperiled. In my opinion,
any man who contests the accuracy of this view, or who acts
on a contrary principle, is the slave of partisan passion, or
is absolutely dishonest. Those party bosses who seek to
control party politics for personal ends, and who stand
ready, when there is need, to unite even opposing forces by
covert cooperation for mutual gain, are the worst enemies
of fair elections. So far as they can they will put obstacles
in the way of legislation and of successful administration,
and this often with much adroitness, and with much pro-
testing and plausible pretense of Mr play. No man who
really merits the title of "boss" desires a fair election, for a
fair election diminishes his power and interferes with his
occupation.
Party advantage should not be sough I in the enact-
ment or administration of election laws. There can be, no
party advantage in the efficient and honest administration
of wholesome laws. Any law which, by its terms, affords
one individual or party an advantage over another, is a bad
law. A perfect law, which will entirely prevent fraud, is,
perhaps, impossible, but a law can be enacted which will
make fraudulent practices exceedingly difficult and hazard-
ous, and thus minimize the evil. If the gentlemen of the
two houses will come to the consideration of HUB subject,
not in a spirit of narrow partisanship, but with the sole
desire of advancing the public weal, remembering that what-
ever their politics they are all Missourians, and should be
interested in the honor of the State, there will be no serious
GOVERNOR WILLIAM JOEL STONE 67
difficulty in reaching a satisfactory result. I express the
hope that wise counsel will prevail, and that a law designed
wholly to promote the public good may be speedily agreed to.
II.
I ask the General Assembly to enact a law defining the
relations between railroad corporations and their employes,
and also to define and fix the legal liability between such
corporations and their employes for injuries suffered by one
employe, as the result of the culpable negligence of another
employe, while engaged in the service of the same corpora-
tion. Nearly 60 years ago, two servants of an English
butcher were riding on a wagon, used by their master in his
business, and by reason of some defect in the wagon, or
some negligent act of one of the servants, or partly from
both causes, the other servant was injured. Suit for damages
was instituted by the injured man against his master, and
in that case it was held by Lord Abinger, in the Court of
Exchequer, that the master was not liable to one servant
for injuries received as the result of the negligence of
another servant engaged in the same common service, unless
the master was himself guilty of negligence in employing
or retaining the servant whose negligence caused the injury.
From this case sprang the doctrine of the master's exemp-
tion from liability for injuries received by one of his servants
by reason of the negligence of a fellow-servant. Upon this
precedent other cases were decided, until the rule laid down
by Lord Abinger has come to be generally accepted as the
doctrine of the common law.
This rule of the common law, as administered by the
courts, is sweeping in its application. Very few exceptions
to the rule have been admitted. It has been broadened in
its application until it covers all classes of servants, without
regard to the nature of their employment. Whether this
rule, as applied to the servants of a master engaged in the
simple and purely private business of a butcher, is just, it is
needless now to argue. But the difference in condition, and
68 MESSAGES AND PROCLAMATIONS OF
in the character, purpose and scope of the employment of
the servants of an English butcher and those of a great semi-
public railway corporation, is so marked and clear as in
my mind to separate them and place them on a different
footing. How can any just comparison be made between
two servants of a butcher, familiar with each other by daily
association, acquainted with the simple methods and harm-
less means employed in the conduct of a business almost
wholly free from danger, and the prosecution of which they
are ordinarily in contact and in the presence of each other;
and the servants of a great railroad corporation, numbering
thousands, scattered for hundreds of miles, employed in
widely different classes of labor, having no direct connection,
and in the main unacquainted with each other, and all,
or nearly all, engaged in a work of peculiar hazard? Can
any just comparison be made in the condition, responsibility
or the nature of the employment between two butcher boys
driving a wagon, loaded with tallow, along a public street,
and a railway engineer and conductor in control of a train
of cars, loaded with human beings, and flying with the speed
of a wind along a railroad track? The difference is so com-
plete and emphatic as to make comparison absurd. And
ought there to be no difference in the nature and measure
of responsibility of such masters as these to their respective
servants?
Let me suppose a case: A passenger train starts out of
St. Louis at night, encountering a storm so black that the
fire-eye of the locomotive seems only to make the darkness
visible, and dashes away over hills, along winding valleys,
around obscure curves, at a speed of 40 miles an hour, with
the engineer at his post, his hand upon the throttle and his
eyes watching for any signal of danger, when suddenly
there is a jar, a lurch, a crash, and the engineer is buried in
the ruin. An incompetent, negligent or vicious switchman
has failed to do his duty. By reason of the carelessness,
negligence or indifference of this switchman, employed to
perform certain duties, the engineer is crushed or burned
to death or terribly mutilated. With the employment of
GOVERNOR WILLIAM JOEL STONE 69
the switchman the engineer had nothing to do; he had no
connection with him; he did not even know him. The
engineer was in no sense to blame; he had simply discharged
his duty to the fullest limit. Under the law of Missouri the
engineer would have no legal claim for damages against
his employer. Is that right?
Let me suppose the case of a train that should have been
side-tracked, but on the contrary, was ordered to proceed,
and in consequence of which a collision occurred with terrible
effect on trainsmen and passengers. The disaster was due
to a dispatcher who misunderstood or was incapable of
understanding his orders, or was guilty of some gross negli-
gence. The trainmen were not to blame; they simply obeyed
orders and discharged their duty. Should they be denied
all right of redress against an employer who takes a man
into his service so incompetent or negligent as to precipitate
such disasters? It will not do to say that the employer was
unaware of the habits or inefficiency of the switchman or
dispatcher. It should be his duty to keep himself informed.
Passengers injured in such wrecks would have a cause of
action. Why should it not be equally the duty of the master
to protect its employes in such cases as I have stated?
Disasters of the kind described have occurred. It
would not be difficult to multiply instances similar in nature,
if not in detail. Such cases illustrate the unreasonable in-
justice of the harsh rule of the common law, and demonstrate
the necessity of some material modification of it. The force
of this necessity has been recognized both in England and
America.
In Kngland, where the doctrine of exempting the master
was first announced, it has been greatly mitigated by statu-
tory enactment, and in its application to servants operating
railway trains almost wholly abrogated.
A number of the American states have entirely changed
the rule of the common law, in so far as it applies to the
employes of railroad corporations. Section 2002 of the Iowa
code provides that
70 MESSAGES AND PROCLAMATIONS OF
"Every corporation operating a railway shall be liable
for all damages sustained by any person, including employes
of such corporation, in consequence of the neglect of agents,
or by any mismanagement of the engineers or other employes
of the corporation, and in consequence of the willful wrongs,
whether of commission or omission, of such agents, engineers
or other employes, when such wrongs are in any manner
connected with the use and operation of any railway on or
about which they shall be employed. And no contract which
restricts such liability shall be legal or binding."
Laws of similar import, and more or less comprehensive,
in the different states, have been enacted in Georgia, Wis-
consin, Kansas, Florida, Massachusetts, Minnesota, Mon-
tana, Wyoming and others. In Mississippi the new and
better doctrine was incorporated in the constitution adopted
in 1890. The 193d section of that instrument provides that
"Every employe of any railroad corporation shall have Ihc
same right and remedies for any injuries suffered by him
from the act or omission of said corporation or its employes,
as are allowed by law to other persons, not employes/' do.
When the necessity of a more humane and enlightened
rule one more in harmony with the altered conditions of
our later civilization is being so generally recognised, both
in our own country and abroad, why should Missouri stand
obstinate in the path of progress, and cling stubbornly to
an ancient precedent which is fast coming under the ban of
universal disapproval? Why should not Missouri enact a
law for the proper protection of the 25,000 men employed
in operating the railroads of this State? Why should Mis-
souri postpone to the very last, much less deny, any modi-
fication of a rule, unjust in itself, which never had legislative
sanction, but exists purely as the creation of judicial prec-
edent, and which stands almost universally condemned by
public opinion?
I venture to assert that there are not ten men in a
thousand who would conscientiously deny that a right of
action should exist in such cases as I have above described.
Why then do we persist in perpetuating a rule of law which
GOVERNOR WILLIAM JOEL STONE 71
shuts the door of the court-room in the face of men who have
suffered injuries for which, in all good conscience and fair-
ness, as a matter of wise public policy and simple justice,
they should have redress?
I will not say, for I do not so believe, that there is no
man honestly and conscientiously opposed on principle to
a measure of the kind in question. It would be difficult to
propose any important measure of legislation or public
policy which would be free from criticism or opposition from
all quarters; and there are some men, often some very good
men, so constituted that their natural sphere is one of opposi-
tion. But this I say, without fear of serious contradiction,
that a statute of the character proposed could be easily
enacted, if the tremendous influences of the railroad cor-
porations were not concentrated in constant and active
opposition.
Is there one to doubt that such a law would find a place
on the statute books if that opposition did not exist? And
why do the corporations oppose it? Only because it would
result in increasing to some extent their own pecuniary
liabilities. I know of no other reason for their opposition.
But exemptions from pecuniary liability in this behalf is in
itself the denial of a right to others which should not be
denied. Considerations of that character cannot justify
the maintenance of a rule of law which, if not wrong in its
inception, has been so widened in the scope of its application
that manifest injustice is now frequently done under its
operation? I would not do the least injustice to railroad
corporations. But they should do justice themselves; they
should not seek an advantage, nor strive to avoid just
responsibilities. Especially shoruld they not resort to vicious
or improper means to perpetuate an advantage that ought
not to exist at all. In view of the premises, I confidently
appeal to the General Assembly to enact a just and liberal
measure of legislation on this subject, while at the same time
I urge the necessity of exercising every possible care in its
preparation, so as to prevent any abuse of its provisions.
72 MESSAGES AND PROCLAMATIONS OF
I may be pardoned for adverting at this juncture to a
contention put forth since my proclamation convening (.he
General Assembly, to the effect that while the Governor
may submit any given subject of legislation at a special
session, he can only do so in general terms and cannot, in
anywise, limit the extent to which the General Assembly may
go when it comes to deal with that subject. From that
premise it is contended that when the Legislature is called
for the purpose of defining by law the relations and liabilities
which should exist between railroad corporations and their
employes, that call authorizes the law-making power, under
the constitution, to take jurisdiction of the whole field of
fellow-servant legislation, and to embrace in their enact-
ments all other classes of employers and employes.
The language of the Constitution is as follows:
"The General Assembly shall have no power, when
convened in extra session by the Governor, to act upon
subjects other than those specially designated in the procla-
mation by which the session is called, or recommended by
special message to its consideration by the Governor after
it shall have been convened."
The subject "specially designated" in I he proclama-
tion is to define the relations between railroad corporations
and their employes, and to fix Ihe legal liability of such cor-
porations for an injury done to one employe by the negli-
gence of another employe. Railroads are semi-public cor-
porations, engaged in a semi-public business, and their
servants are subject to peculiar and extraordinary clangers
in the prosecution of a service in which the public, in one
sense, is as much concerned as are the corporate must era
in another sense. I am unable to perceive any possible
similarity or logical connection between such corporations
and a private corporation or individual engaged in mining
or manufacturing or other purely private pursuit. But
however that may be, I still submit, with due respect, that
the language of the Constitution is so simple, concise and
plain that it cannot be misunderstood, and that any effort
to construe it can only result in confusion.
GOVERNOR WILLIAM JOEL STONE 73
One of the subjects "specially designated" in the
proclamation is "to make an appropriation for the expenses
of this extra session of the General Assembly." Does this
authorize the General Assembly to take possession of the
whole field of appropriations? Would the limited authority
conferred by the call to appropriate money to pay the ex-
penses of this session authorize an appropriation to construct
a public building or for any other purpose? I do not believe
that the contention referred to is well founded. Who makes
this contention? Who desires a larger field to work in?
Who is especially solicitous to embrace every master and
servant? Other employers are not knocking for admission
or clamoring to be taken in. Other servants, although
willing to share in the benefits of such a law, have, through
their industrial organizations, expressed an unwillingness to
interfere in the consideration and passage of the measure
specially submitted.
Who then are the ardent advocates of opening the door
to all employments. So far as I have observed, this con-
tention has proceeded from railroad circles. At all events,
whoever else may incline to favor a "general law," the agents
and lawyers of the railroads are the special advocates of that
policy. But how does the inclusion of other servants and
masters in a bill or law benefit the railroad corporations?
What practical difference does it make to them? Do rail-
road attorneys make this contention as philanthropists in
the interest of humanity, or in the hope that by enlisting a
multitude of opposing interests they will be the better able
to defeat all legislation? Is not this movement merely an
exploit for recruits? But some have said that to confine the
operation of a so-called fellow-servants' bill to railroad cor-
porations and their employes is class legislation. Might
not the same thing be said with equal force concerning the
laws enacted in the interest of miners? Of the law for factory
inspection? of the law giving preferred liens to mechanics,
landlords, etc. or the law providing that no property shall
be exempt from execution for wages due a house servant or
common laborer? Are not the statutes replete with so-called
74 MESSAGES AND PROCLAMATIONS OF
"class legislation?" Why should there be any especial
sensitiveness on that subject at this particular juncture?
Railroads, as I have said, are semi-public corporations.
In this respect they are different from almost all other cor-
porations. They are clothed by law with peculiar and extra-
ordinary powers, rights and privileges. They are employed
in the public business, and deal daily with the people of the
State. There are strong reasons, founded in public policy,
aside from any abstract question of right, why the servants
of such corporations should receive the recognition they ask.
These reasons have influenced legislative thought in England
and in many American states, where laws of this kind spe-
cially applicable to railway employes have been enacted.
In my opinion the various objections urged against the pro-
posed legislation are wholly untenable. So firmly am I of
this opinion, that I am unwilling to believe that a Missouri
General Assembly will refuse to pass a liberal law on the
lines proposed, when opportunity is given for a fair con-
sideration of the subject.
III.
I ask the General Assembly to enact a law to sustain,
and, if possible, to suppress the practice of lobbying, which
has grown into an alarming evil at the capital It has come
to pass that certain railroads maintain an organized lobby
at the State capital during the sessions of the General
Assembly. This practice has prevailed for a number of
years. It is maintained ostensibly for the purpose of
"protecting" the interests of railroads against the assaults
of the people's representatives.
In the prosecution of this service the lobby agents of
these corporations have assumed that every measure which
looks to the regulation or control of railroads, or by which
they are affecled, is an "at lack" upon Ihem, This is an
insult to the people of the State, for it assumed that they
are viciously disposed, and that they are incapable of ad-
ministering, or unwilling to administer, public affairs in
GOVERNOR WILLIAM JOEL STONE 75
the spirit of right, honor and justice, and that it is neces-
sary for the railroads to resort to extraordinary agencies to
protect themselves against the hostility of the very sover-
eignty which created them.
Because the people of the State do now and then deem
it wise and provident to enact some law to prevent abuses,
and for the better government of such corporations, they
are regarded as enemies, and every proposal to enact such
a law is resented as a declaration of war. And so to "pro-
tect" themselves against the people who created and sup-
port them, the corporations organize a band of crafty
"diplomats," a coterie of skillful manipulators in the art
of lobbying, and maintain them at the capitol of the State.
These corporate agents, employed to influence public offi-
cials, have grown in numbers and audacity until they have
become a positive nuisance, a menace and a disgrace to the
State. Not only do they interfere in legislation which refers
exclusively to railroads, but they do not hesitate to thrust
themselves officiously into important measures which relate
wholly to other subjects. The bad and long-continued
example of the railroad lobby has become infectious. Others
have fallen under its pernicious influence, until now the
agents of more than one special interest are kept at the
capitol to "protect" their employers against the repre-
sentatives of the people. About the streets and hotels they
are ubiquitous; they swarm in the corridors of the capitol;
they frequent committee rooms and public offices, and are
almost as familiar to the halls of legislation as those entitled
to seats by virtue of their commissions.
This practice is demoralizing in the extreme, if nothing
more, and every consideration of honor, decency and good
government requires that it should be stopped. The rail-
roads themselves should be the first to put an end to this
miserable practice of organized professional lobbying, which
they inaugurated, and for the growth and continuance of
which they are chiefly responsible. I protest that they
should not persist in a practice that brings only reproach
upon the State. The people arc not hostile to railroads,
76 MESSAGES AND PROCLAMATIONS OF
but quite the contrary. Whatever prejudice may exist is
chiefly the result of injudicious policies adopted and per-
sisted in by the roads themselves. Railroads are necessary
to the well-being of the State. They are great enterprises,
requiring large investments of capital, and in the successful
operation of which the highest intelligence and the most
exacting attention are demanded. Any causeless prejudice
against them is stupid and contemptible; any unreasonable
hostility toward them would be the height of folly.
If railroads will simply attend to their legitimate busi-
ness and do right, I have the utmost confidence in the belief
that they would have nothing to fear. It seems clear to me
that the interests of these great corporations can be best
promoted by methods that tend to elevate, not to lower, the
standard of public administration. They ought to be the
very last to introduce practices that exercise a corrupting
or demoralizing influence on public affairs. But in any event,
the arrogance of the lobby should be restrained by putting
some severe check upon its constant, impertinent inter-
ference in legislation.
The right of any citizen to be heard in a proper way
before a committee of the Legislature, or before any execu-
tive officer or body, is one that cannot and ought not be
denied. A fair and intelligent presentation of the views of
those having interests at stake, so far from being forbidden,
should be invited. But a band of lobbyists organised and
maintained as a permanent institution, to hang aboul public
offices and the halls of legislation, with Ihe sole object of
interfering with public affairs, and with authority to use
any means however questionable to promote their ends, is
altogether another thing. That kind of thing is wrong,
wholly and irretrievably wrong. This evil of professional
lobbying has invaded other states as well as Missouri, and
scandals of the most disgraceful character have frequently
occurred.
The necessity of exercising public authority to lessen*
and if possible to suppress, the evil has been very generally
recognized. Particularly have the old commonwealths of
GOVERNOR WILLIAM JOEL STONE 77
Massachusetts and Virginia, representing the best types of
the Puritan and the Cavalier, struck a blow at this vice
which Missouri would do well to imitate. It is unnecessary
that I should say more at this time. The subject does not
require further elaboration, for the evil to which I direct
attention is so patent, so glaring, so pronounced, and has
been so generally observed and commented upon, that
nothing I can say could make plainer or more imperative
the necessity of devising some adequate means of ridding
the State of its debasing influence.
To these several subjects I have the honor to invite the
careful and considerate attention of the General Assembly,
and since two of them have been already considered at
great length and exhaustively discussed, both in committee
and in the House and Senate, I indulge the hope that you
may be able to reach an agreement without serious difficulty
or much delay.
WM. J. STONE.
78 MESSAGES AND PROCLAMATIONS OF
SECOND BIENNIAL MESSAGE
JANUABY 8, 1897
From the Appendix to the Journals of the General Assembly, 1897
Gentlemen of the Thirty-ninth General Assembly :
As the administration of which I have been a part is
now near to its close it is due that I should render at least
a brief account of what has been accomplished.
The Constitution provides that whenever the taxable
valuations of the State shall amount to $900,000,000 the
rate of taxation levied for State revenue purposes shall not
exceed 15 cents on the one hundred dollars. Just preceding
the beginning of this administration in 1893 the total valua-
tions of the State were raised from a few millions below the
nine hundred million mark to a few millions above it.
Prior to that the State revenue tax amounted to 20 cents on
the one hundred dollars. The effect of raising the valua-
tions above $900,000,000 was to reduce the revenue tax
from 20 cents to 15 cents on the hundred dollars. This
resulted in a loss of one-fourth of the State revenue. The
increase which in the first instance carried the aggregate
valuations above $900,000,000 was so insignificant as com-
pared to the valuations of the previous year that it amounted
to practically nothing in the way of compensating for I he
loss sustained by the reduction in the tax rate. The effect
of this can be better understood when it is known that this
reduction decreased the annual revenue about $500,000.
The valuations have increased somewhat by natural accre-
tion and development during the last four years, about
$100,000,000 of values having been added since 1893. This
increase would no doubt have been much larger except for
the protracted and universal business depression under
which the country has suffered a depression which has
operated to greatly reduce the market prices of almost every
GOVERNOR WILLIAM JOEL STONE 79
class of property. The tax gathered from the increased
valuations since 1893 has not been sufficient to replace more
than a small proportion of the immense loss of revenue
sustained by the reduction in the tax rate to which I have
alluded. Ordinarily one would suppose that as the popula-
tion and public necessities of a state increase, its revenues
should increase in a corresponding ratio; but, anomalous as
it may seem, this administration at the very beginning of its
career was confronted by the necessity of administering the
affairs of a State, constantly and rapidly growing in popula-
tion and the requirements of the public service, with a
largely diminished treasury. During this period we have
often been hard pressed to meet the demands authorized by
legislative appropriations; but I am happy to say that with
very few exceptions we have been able promptly to discharge
every legitimate obligation, and wherever deficiencies of any
consequence have occurred they have grown out of appropria-
tions over which the State officials have had no direct con-
trol. The total deficiencies for the current biennial period
will amount to $305,467. Of this sum $256,500 are covered
by a deficiency in the appropriation made to pay the criminal
costs of the State, and $41,344 in the appropriation made for
the assessing and collecting of the revenue; leaving but $6,623
of deficiencies arising from all other sources. The Treasury
is now prepared to meet any lawful demands that may be
made against it, and at the end of the current revenue year
it will have a substantial balance to its credit. None of the
deficiencies can be paid out of this balance, however, as no
money can be withdrawn except in pursuance of an appro-
priation; and deficiencies result, as you know, only when
appropriations have been exhausted. Although we have
encountered many difficulties and have been compelled to
resort to every legitimate expedient to escape embarrass-
ment, I am pleased to report that we have succeeded in
meeting the appropriations, and the Treasury will be de-
livered to the incoming administration in a solvent condition,
with the credit of the State unimpaired.
80 MESSAGES AND PBOCLAMATIONS OF
DEBT REDUCTION
On January 1, 1893, the bonded debt of the State
amounted to $6,680,000. It consisted of $1,380,000 of 6
per cent bonds and $5,300,000 of 3^ per cent option bonds.
During this administration, besides promptly paying the
interest as it matured, the whole of the 6 per cent bonds
have been paid, and $300,000 of the 3H per cents have been
called and retired making a total reduction in the principal
of the debt of $1,680,000, The bonded debt now consists
of even $5,000,000 of 3H P e r cents option bonds. The
annual interest on the bonded debt as it stood in January,
1893, was $268,300; while the annual interest charge on the
debt as it stands to-day is only $175,000 facing a total
saving on this account of $98,300 per annum.
As the principal of the debt is reduced from year to
year, it will require less and less of the tax specially levied
to meet the debt to pay interest, and more and more of that
fund will be available for the retirement of the principal.
If the property valuations of the State remain substantially
as they now are and the present rate of taxation is continued,
the incoming administration, according to my calculation,
will be able to pay nearly $4,000,000 of the principal debt
in the next four years, leaving the total bonded debt at that
time at about $1,000,000. That can easily be retired during
the first year of the succeeding administration. So it can
be confidently asserted that, even though there shall be no
material change for the better in business and financial
conditions, the State will be free from a bonded debt wilhin
five years from this date. If, happily, the country shall be
blessed in the meantime with a restoration of prosperity, a
consummation often promised but still deferred, and yet
one we all devoutly wish for- valuations would of neces-
sity greatly increase, and the larger collections resulting
therefrom might enable the next incoming administration lo
turn the State over to its successor practically, if not wholly,
relieved of a bonded debt At all events, we have now
reached a point where we can safely set a limit within which
GOVERNOR WILLIAM JOEL STONE 81
the public debt will be extinguished. When that much to
be desired result is accomplished the tax now levied to meet
the bonded debt will cease and the public burden be lightened
to that extent.
PUBLIC INSTITUTIONS
Notwithstanding the severe stringency of the times the
public institutions of the State have not only been kept
up to the high point of efficiency they had previously at-
tained, but they have made substantial progress in many
important particulars. During the last four years the main
building of the University, known as Academic Hall a
superb structure has been erected at a cost of $250,000.
At the School of Mines a new edifice, known as the Metal-
lurgical Laboratory, has been constructed and well equipped
at a cost of $25,000, and valuable additions have been made
to the college grounds. A new science building has been
added Lo the Warrensburg Normal; the main building of
Lincoln Institute, which was destroyed by fire, has been
rebuilt on a far more imposing scale; two new buildings
one 76 x 86 feet, and one 40 x 60 feet and a green house
26 x 100 feet, and also a building for employes, with a large
store room attached, have been erected at the St. Joseph
asylum, and 110 acres added to the grounds; one new cottage
or family building, and one new school building have been
built at the Industrial Home for Girls; a new cottage for
boys, a new dining hall and chapel, a large shop building,
a large brick barn, a new bakery, a large store room with
cold storage, and a new ice house of 500 tons have been
built at the Reform School for Boys; a magnificent new
boiler plant, with four large boilers, which now furnishes
steam-power for all shops and factories and heats all build-
ings; one large four-story brick building, the lower story
of which is used for a laundry and the three upper stories
for shops by contractors; one large three-story cell building,
not yet quite complete, equipped with the best modern im-
provements, and capable of accommodating 528 prisoners;
one large slaughter house, with cold storage, and the whole
82
MESSAGES AND PROCLAMATIONS OF
thoroughly well provided with the latest improvements, have
all been added to the penitentiary, together with 40 acres
of valuable land adjoining the prison, known as the "Minor
tract." In addition to the foregoing other important and
valuable improvements have been made to these and the
other public institutions of the State. During these four
years nearly $800,000 have been expended in additions and
repairs to the penal, eleemosynary and educational establish-
ments of the State. This sum, however, does not by any
means represent the full value of the improvements, as the
buildings erected at the penitentiary and the reform school
were largely constructed out of materials furnished by those
institutions and almost wholly by prison labor. Because
of the financial stress we have sometimes found it difficult
to provide the money necessary to make these improve-
ments. None were made that were not deemed imperatively
essential to the public service, while many others, earnestly
demanded and the need of which was almost as urgent., have
been denied for the lack of means to supply them.
INCREASE NUMBER OF INMATES
The strain on the Treasury has been made all the more
severe by reason of the large increase in the number of in-
mates admitted to the penal and eleemosynary institu-
tions. The full force of this statement will appear by refer-
ence to the following table, showing (a) the number of the
inmates of these institutions on January 1, 1893, (b) the
number now, (c) the number increased (cl) and the per cent
of increase:
PENAL
Number
Number
inmates
inmates
Number
Per con I
Institution.
Jan. 1,
Jan* 1,
in-
increase.
1893.
1897.
creased.
P<Gnitntiary ...
1 689
2 170
481
About ttO%
Industrial Homo for Girls
38
83
50
Over 150%
Reform School for Boys,
144
320
176
Over 122%
GOVERNOR WILLIAM JOEL STONE
83
ELEEMOSYNARY
Number
Number
inmates
inmates
Number
Per cent
Institution.
Jan. 1,
Jan. 1,
in-
increase.
1893.
1897.
creased.
Fulton asylum
529
647
118
Over 22 %
St. Joseph, asylum
613
816
203
Over 33 %
Nevada asylum
379
582
203
Over 53 %
School for the Blind ....
98
111
13
Over 13 %
School for Deaf and
Dumb
284
347
163
About 58 %
Total in all
3,769
5 076
1,307
Over 34 %
This large increase in the number of persons admitted
to these institutions has filled most of them to their maximum
capacity, and the administration has been at times greatly
embarrassed on that account. But notwithstanding all
drawbacks I am gratified that I am able to state that all
the public institutions of all kinds are in excellent con-
ditionmost of them in far better condition than they have
been for many years.
PUBLIC ORDER, ETC.
In January, 1895, at the convening of the 38th General
Assembly, in my annual message of that date, I took oc-
casion to review the occurrences of the preceding two years,
constituting the first half of this administration. Those
were troublous years in the United States. They stand
almost unparalleled in our history for the number and
frequency, the wide extent and vehement purpose, of the
industrial upheavals that shook the country. During that
period we had the "Goxey movement," the great coal
strike, the greater railroad strike under the leadership of
the American Railway Union, and numerous other strikes
of less importance, but scarcely less significance. To
preserve the public peace and for the protection of life and
84 MESSAGES AND PROCLAMATIONS OF
property the authorities of a dozen states surrounding
Missouri in every direction found it necessary to call out
their military forces; and in some of the states even the
army of the United States was employed although I have
always thought and contended that that action on the
part of the National Government was unnecessary and
could not be justified except under the most latiludinarian
construction of the Federal Constitution. Not only were
the states referred to converted into great military camps,
but they were the theatre of frequent scenes of tumuli and
sanguinary conflicts. Although Missouri had several large
cities within her borders; although she had 25,000 men cm-
ployed in operating her railroads, and 10,000 in operating
her coal mines; and although she occupied the very center
of the region where the storm raged the fiercest, she slood,
if not serene, at least comparatively unmoved amid shocks
that strained the powers of her sister states to their utmost
limits. In this commonwealth there were no lawless dis-
turbances except at three or four points, and those of little
moment and of short duration. No lives were lost, no
blood was spilled, no property destroyed, and not a soldier
was put into the field. While entirely prepared to employ
extraordinary force if necessary, we preferred to rely on the
civil authority to maintain the peace and we were happy
to find that authority sufficient for every emergency. No
man more than I appreciates the importance, or more
earnestly advocates the maintenance of a thoroughly dis-
ciplined and well-equipped military organization; It is a
great conservative force, and is necessary in all large com-
munities to meet extraordinary emergencies; but I am utterly
opposed to an indiscriminate or hasty use of the military
power in civil affairs. I believe it will rarely happen in
this country that the civil officers and the posse, connlattis
will not be able to preserve order and protect the rights of
all. Our people should not be accustomed to the habit of
using or relying upon the military. Such a habit tends to
destroy the self-reliance and independence of the citizen,
to unduly exalt the military and to diminish the dignity of
GOVERNOR WILLIAM JOEL STONE 85
the civil authority. The frequent use of military force
accustoms the people to its presence and begets a growing
disposition to rely upon it. Whenever the disposition to
depend upon the bayonets of the army for protection be-
comes fixed in the minds of the people, we will have reached
a point full of danger to our institutions and to liberty itself.
I infinitely prefer a policy which will preserve that rugged
manhood and sense of self-reliance which teaches the people
that they are abundantly able to take care of themselves.
I believe, generally speaking, that the people of Missouri
are inspired by that spirit of patriotic independence to
which I refer; and to its presence here, in a form so pro-
nounced, I chiefly attribute our comparative escape from
those lawless outbreaks that have so afflicted other com-
munities.
During the biennial period, 1895-6, now just closed,
nothing of unusual import has occurred. The population
of the State has been greatly augmented by immigration.
It is impossible to state the number of persons who have
moved into the State during the last two years or the last
four years. It is well known, however, that during these
years large numbers of immigrants have settled in the
State. They have located in every section, although by
far the greater number have gone into the Southern counties
and into the city of St. Louis. Large areas of hitherto
unoccupied lands have been taken up and converted into
farms and orchards; and the population of St. Louis has
grown from a city of 451,770 in 1890 to a city fairly es-
timated at 700,000 at this time. The census of 1890 gave
the population of the State at 2,679,184. Based on the
presidential vote of 1892, reckoning five inhabitants to one
voter, the population was then estimated at 2,702,915.
The presidential vote of 1896 exceeded that of 1892 by 133,-
450; and calculating from the same basis, of five to one,
this vote will show an increase in population since 1892 of
667,250. The population of the State is now estimated at
3,370,165. The wealth of the State has also been largely
increased by importation, investment and improvement of
86 MESSAGES AND PROCLAMATIONS OF
property. During the whole period under consideration
312 miles of railroad have been laid, many valuable mines
discovered and opened up, a large number of costly build-
ings have been erected in our principal cities, and a mul-
titude of other valuable improvements made improve-
ments which add greatly to our aggregate wealth and serve
to meet the growing demands of our commerce and business.
These improvements these substantial evidences of prog-
ress made in the face of the most adverse conditions, not
only prove the enterprising spirit of our people, but they
stand, many of them, as real adornments to the State. In
the last two years production in all the principal industries
has been abundant, and the business affairs of the people
have gone steadily along without interruption from any
cause. There have been no upheavals, no turbulent com-
motions, no excessive or unusual violations of law to mar
the public peace. The local conditions within the State have
in all respects been favorable to the highest measure of
prosperity; and if the people have not enjoyed that degree
of good fortune which the circumstances about them would
seem to warrant, the failure is due to causes not created
by them or in anywise connected with the government of
the State, but is due to causes which our people alone can-
not remedy.
TRAIN ROBBING, ETC.
While all I have said above about good order is true I
do not mean to say that crime has become less frequent
than formerly. I believe it is true in Missouri, as it is
equally true in all the states, that crimes committed for
gain such as larceny, burglary and the like- have been
increasing for several years. The growing length of the
Criminal Court dockets and the rapid increase in the num-
ber of convicts sent to penal institutions, furnish conclusive
proof that the number of crimes committed becomes greater
every year. This is doubtless largely due to the severe and
long protracted depression in business and the consequent
lack of employment. No doubt want has driven many to
GOVERNOR WILLIAM JOEL STONE 87
crime. I fear there are unfortunates who are often con-
fronted with the hard alternative of choosing between theft
and starvation. Especially is this true in the larger cities.
In times of great depression, when work is scarce and
difficult to obtain, thousands of needy people drift into the
large cities hoping to find better opportunities for em-
ployment. In this they are usually disappointed. Indeed
this influx only accentuates conditions already bad by add-
ing to the number of idle hands and making it all the more
difficult for the kindly and charitable to care for those in
need. Necessity then becomes the mother of crime. Be-
sides it is but natural that the evil disposed those con-
stituting the criminal classes should seek the city rather
than the country to do their pilfering. Therefore it is
that the proportion of crimes committed in cities is relatively
larger than those committed in rural communities. It has
been said that during the last two or three months of the
last year there was an unusual number of criminals in S^.
Louis and an unusual number of crimes committed. Tkat
may be true; but if so the presence of criminals there in
larger numbers than usual is no doubt due in part to* the
fact that several National conventions were held in 'that
city during the past summer. Large gatherings of that
character attract that class of criminals who commit thefts,
burglaries and robberies- the kind of crimes prevalent in
St. Louis during the period indicated, and of which some
complaint has been made. Undoubtedly during that period
a large number of burglaries, thefts and like crimes were com-
mit led in St. Louis, but that there was any material increase
in the number of crimes as compared to corresponding
periods in former years the police officials deny. However
that may be it is indisputable that a large number of crim-
inals have infested St. Louis and a great number of burglaries,
larcenies, etc., have been committed, but the same thing
can be said with equal truth of all the principal cities of the
country. The newspapers of Chicago, Cincinnati, Phila-
delphia, New York and other great centers have been filled
with stories of criminal depredations and criticisms of the
88 MESSAGES AND PROCLAMATIONS OF
police. As to St. Louis, it is unquestionably true that the
number of police officers employed is grossly inadequate to
a proper protection of the city. It is by far the smallest
force doing police duty in any of the large cities of the
Union. The population of St. Louis is about one-half that
of Chicago, but the police force of St. Louis is only about
one-fourth the size of that of Chicago. The territory to be
patrolled in St. Louis is as large as that of New York, but
the force employed is less than one-sixth the size of that
which guards the Eastern Metropolis. The same situation
is relatively true when comparison is made with the other
leading cities of the country. The police commissioners of
St. Louis have made repeated efforts to have the force in-
creased, but so far the legislative council for some reason
has declined to provide the means necessary for the em-
ployment of additional men. Again, it is most unfortunate
.that some of the minor judicial functionaries, before whom
persons arrested by the police are usually brought in the
firt instance, have not co-operated with the police in their
efforts to preserve order and punish crime, but on the con-
trary have manifested an unaccountable spirit of hostility
to these officers of the law. Notwithstanding all these
embarrassments, crime is now perceptibly diminishing in
the city, and the brief period when depredations were
sufficiently numerous to attract more than ordinary atten-
tion is apparently at an end. As a general rule the sub-
ordinate executive officers of the State, both in and out of
the cities, have been faithful and efficient. Speedy arrest
has generally followed the commission of crime, and I he
courts have usually inflicted punishment with certainty and
promptitude.
In this connection I desire to call special attention to
the crime of train robbery. During the last three years
several of these crimes have been committed. Trains have
been stopped and express cars rifled, and on one occasion a
conductor was shot and seriously wounded, I care neither
more nor less for railroads and express companies than
for other corporations or citizens, but the crime is one which
GOVERNOR WILLIAM JOEL STONE 89
calls for more than ordinary attention, and the necessity for
its suppression is so great that it should be visited by the
most extreme punishment. It is a crime perpetrated by
masked desperadoes, who go prepared to commit murder
if it is necessary either to success or escape. Not only are
those in charge of trains subjected to great hazard, but the
lives of passengers women and children as well as men
are put in jeopardy. It is a crime which for reckless despera-
tion and bold defiance of law stands almost without a
parallel. It surpasses all others in its detrimental effect
on the State. When such crimes occur with frequency, an
impression becomes widely current that life and property
are unsafe within the jurisdiction where they prevail. It
is a crime which should be absolutely extirpated. That
cannot be accomplished by penitentiary sentences. The
Thirty-eighth General Assembly, alive to the importance of
the subject, made the crime a capital offense. The inflic-
tion of capital punishment, however, was left to the dis-
cretion of the jury. Several convictions have been had
since the enactment of the law referred to, but only pen-
itentiary sentences were pronounced. In my opinion the
men who perpetrate this crime should be hung, and I believe
the law should be so amended as to provide that every per-
son convicted of it should suffer death. The Governor
should also be authorized to offer a reward of at least one
thousand dollars for the arrest and conviction of any person
guilty of the offense. The measure I propose is severe, but
this crime should not be permitted in the State, and milder
remedies will not be sufficient to prevent it.
FUTURE ESTIMATES.
I turn now from this review of the past to the con-
sideration of questions which concern the future.
With the Governor-elect and Auditor Seibert I have
made careful estimates of the treasury resources and liabil-
ities for the ensuing two years. I will not detain you with a
detailed statement of these estimates, as they will appear
90 MESSAGES AND PROCLAMATIONS OF
fully in the Auditor's report. I shall deal only with ag-
gregates. We have estimated the total revenues for the
next two years at $4,300,000. This covers all sources now
provided by law from which revenue can be derived. It
does not, of course, include the special tax levied to meet the
public debt, but does embrace all sources of income avail-
able for general purposes. The expenditures we have
estimated at $4,500,000. This estimate places the expendi-
tures at some 1200,000 above the probable receipts. I do
not believe that the public service can be maintained with
even tolerable efficiency on appropriations falling below the
estimates we have made. Indeed, these estimates have
been made so conservatively that I fear you will find it
difficult, if not impossible, to keep within the limits they
prescribe; and even if you succeed in doing that several of
the State institutions will still have far less than they need
and ought to be provided with. As I have shown already
many of the eleemosynary and penal institutions are now
fuA 1 to overflowing, and further provision for those en tilled
to admission to those establishments cannot be much longer
postponed. No provision for this emergency, however, is
contemplated in the estimates we have made. Again,
the estimates for the University and Normal schools are, in
our judgments, far below their real requirements. The
estimates have not been based, as such estimates ought
to be, on the needs of the public service, but they represent
what we regard as the best possible apportionment of an
insufficient revenue. The situation is still further em-
barrassed by the probable fact that your honorable body
may desire to provide additional agencies with a view to
improving the administration of the government, and
thereby creating additional sources of outlay. So far
our revenue has been equal to our appropriations, and al-
most, if not quite, equal to our expenditures. But the fust
accumulating needs of the State have now brought us to a
point where it is evident that some plan must be devised
for relieving the strain on the treasury. I low can this
best be done? The rate of general taxation cannot be
GOVERNOR WILLIAM JOEL STONE 91
raised it being already at the highest point permitted by
the Constitution. Therefore, if relief is sought it must be
(1), by raising the valuations of property; (2) by providing
some entirely new source or sources of revenue in the form of
special or license taxes; (3), by providing a different plan
from that heretofore followed of distributing the existing
revenue; or, (4), by cutting off or reducing some of the
ordinary demands against the treasury. As to the first
and second of these I shall not in this communication at-
tempt any recommendations, although I think there are
several avenues to relief that might be fairly opened in these
directions. With regard to the third proposition I desire to
make one or two suggestions. First, I believe the whole
tax paid by foreign insurance companies should be retained
by the State. Under the present law the whole tax is paid
into the State treasury, but one-half of it is afterwards
distributed to the counties. The apportionment to the
counties is made on the basis of the number of school
children in each, although the money does not go into the
school fund. The total foreign insurance tax received in
1895-6 amounted to $433,803. Of this the sum of $216,-
905.50, being one-half of the whole, was distributed as
indicated above. The amount received each year by the
several counties, with a few exceptions, is insignificant
most of them receiving sums varying in amount from about
$200 to about $1000. Of course, those counties and cities
having the greatest populations receive larger distributive
shares. None of them, however, would be seriously in-
jured by the loss incident to the retention of the entire tax
by the State. If this suggestion should be concurred in
by the Legislature, and the law amended accordingly, it
would result in strengthening the treasury by at least
$216,900 during the ensuing biennial term.
In the second place, the proportion of the revenue
appropriated two years ago for the support of the public
schools might be slightly reduced so as to relieve the treasury
without detriment to the schools. The Constitution pro-
vides that "in no case shall there be set apart less than
92 MESSAGES AND PROCLAMATIONS OF
twenty-five per cent of the State revenue * * * to be
applied annually to the support of the public schools,"
Up to 1888 only one-fourth of the revenue was appropriated
for that purpose. From 1888 to 1895 this appropriation
was increased to one-third of the ordinary receipts. During
that period what were called extraordinary receipts that
is, the interest on State deposits, notary public commission
fees, fees collected by the departments, and other similar
sources of revenue which were not the result of some fixed
imposition of the law, but were incidental only, were not
included in the totals from which the public school ap-
propriations were withdrawn. All these were retained in
the treasury. But in 1895 the act appropriating money
for the public schools was so framed as to require the dis-
tribution of one-third of all receipts, both ordinary and
extraordinary. The effect of this was to divert to Lhe
support of the schools about $50,000 of the extraordinary
revenues which had theretofore been applied to other pur-
poses. I am personally opposed to any material curtail-
ment of the appropriation for school purposes; but in view
of the circumstances to which I have adverted, I believe
it would be advisable to so phrase the next appropriation
act as to save the whole of these so-called extraordinary
revenues to the treasury for general use.
If these two recommendations should be adopted, the
sum available to meet current appropriations for general
purposes would be increased by about $270,000,
The fourth proposition stated above that of cutting
off or reducing some of the ordinary demands against the
treasury presents questions of the greatest difficulty. I
have no doubt that much could be accomplished in this
behalf by a careful, painstaking, intelligent revision of the
more important statutes such as those relating to the
assessment and collection of the revenue and the administra-
tion of justice by the courts. To do this work thoroughly,
however, would perhaps require more time and labor than
you can possibly devote to it. Criminal costs constitute
the most onerous of all the burdens the treasury must bear.
GOVERNOR WILLIAM JOEL STONE 93
They have grown until they have become almost intoler-
able. If the rate at which they have increased in recent
years is maintained it will not be long until they swamp the
treasury unless some provision is made for a large addition
to the receipts. How to remedy this evil is a question.
Crime will be committed and must be punished. The ac-
cumulation of costs follows inevitably upon the enforce-
ment of the law. That can not be a Voided. But I be-
lieve our judicial system could be reorganized on a plan that
would greatly diminish the total of these costs, and by which
the responsibility of paying them could be more judiciously
divided between the counties and the State. The larger
proportion of the costs accrue from prolonged detentions in
county jails and from unnecessary continuances and changes
of venue. How can these evils be prevented or modified?
COUNTY CIRCUITS
In the first place, I believe that the Constitution should
be amended so as to authorize the prosecution of all crimes
by indictment or information, with the exception, possibly,
that indictments might be required in capital cases. I
think an amendment to that effect should be submitted.
If it should be agreed to it would save the necessity in
hundreds of cases of bringing witnesses before the grand
jury, and thereby escape incurring a vast amount of costs
on that account. With such an amendment to the Con-
stitution, I believe it would be an improvement to abolish
our present judicial circuits and to establish in their stead a
circuit court with a separate judge in each county. Possibly
it might answer in some instances to put two or three of the
smaller counties into one district. We now have 33 judges
exercising criminal jurisdiction whose salaries, paid by the
State, amount to $65,500 per annum, and in addition have
an allowance for expenses. If a judge should be assigned
to each county, or a number equal to that, and should be
paid $2,000 per year, the expense on that account would be
$228,000 or $152,500 more than is now paid to criminal
94 MESSAGES AND PROCLAMATIONS OF
judges. If this should be done there should be no stated
terms of court, but the courts should be at least constructive-
ly open at all times. A grand jury might be called once or
twice a year to examine into such matters as might require
its attention. Whenever a felony was committed and the
offender arrested he should be at once proceeded against by
information; or a special grand jury might be summoned if
the case required it. Speedy conviction following arrest
would avoid a large cost bill resulting from jail confinement.
The laws relating to continuances and changes of venue
ought also to be so amended as to prevent unnecessary
delays in reaching conclusions. Again, I believe it would
be proper to restrict the liability of the State for costs to
those incurred in capital cases and in the higher degrees of
felony, such as burglary in the first degree, robbery in the
first degree and the like leaving all other trial costs to be
paid by the counties. I think it can be fairly demonstrated
that if a system like this was in operation now, it would
save the State at least $150,000 a year. On the other hand,
I do not believe it would, as a general thing, entail any
special hardships on the counties. The people must pay the
costs in any event, whether it comes from the State or the
county treasury. The effect of the proposal here made
would be to make the burden local instead of general.
But I believe it safe to say that the expense of prosecutions
would be greatly lessened if the officials felt a direct ac-
countability to their several constituencies for their action.
It might also be a wise provision of law to require a docket
fee of, say, $5, in every individual civil action for the pur-
pose of creating a county fund to pay criminal costs, I
venture the opinion that the additional burden for criminal
costs imposed on the counties, if the suggestion here made
should be formulated into law, would not exceed an average
of $1,200; and that outlay would be in large measure com-
pensated for by the docket fees above proposed.
The foregoing, of course, is but a suggestion by no
means fully developed and subject, I know, to objection.
It may not meet your approval, and, even if it should,
GOVERNOR WILLIAM JOEL STONE 95
I doubt whether it is practicable for you to attempt legisla-
tion on a scale so broad in the limited time at your com-
mand. But, however that may be, the time has come when
those charged with the responsibilities of government must
pass from the field of objection to that action from a
position of mere negation to one of positiveness and
devise some remedy for the difficulties that beset us.
DISTRIBUTION OF SCHOOL MONEY
Apropos to the foregoing, I desire to recommend an
amendment to the law fixing the date for the distribution
of the public school moneys. As the law now stands,
those moneys are distributed to the several counties on an
apportionment made in July of each year. The distribution
takes place at a time when the treasury is usually at the
lowest ebb, and least prepared to meet a drain so enormous.
The district schools rarely open before September, and the
directors of those schools have no real use for the money
before October. In consequence, any money distributed in
July or August lies in the county depositories until October.
If the money should remain in the State treasury during that
interval it would draw interest for the benefit of the State,
and at the same time save the treasury from embarrassment.
By October the fall receipts are coming in, and the treasury
is then in better condition for large disbursements. This
amendment to the law can do no possible harm; it can
result only in good, and it is important that it be made.
NEEDS OF INSTITUTIONS
I cannot now enter into a specific statement in detail
of all the various needs of the different institutions. As I
have stated heretofore there is scarcely one of them that
does not stand in actual need of improvements not included
in the estimates we have made. But I shall be compelled
to refer the General Assembly to the reports of the officers
in charge of these institutions for a more comprehensive
account of their condition and wants. I wish, however,
96 MESSAGES AND PROCLAMATIONS OF
to emphasize the necessity of providing additional ac-
commodations for the indigent insane and for the girls
sent to the Industrial Home. A hospital should also be
provided for the School for the Deaf and Dumb. With
nearly 350 children at this school it should require no
argument to prove that a hospital is indispensible. The
necessity of it has been demonstrated on more than one
occasion when diseases in epidemic form have prevailed.
The lives of the little ones who attend the school are often
needlessly imperiled because of the inability of the officials
to separate those afflicted with contagious diseases from
contact with their fellows. I wish also to express my entire
concurrence in the recommendation of the board of managers
that the salary of the superintendent of this institution
be raised to $2,000 per annum. It is now fixed by law
at $1,500. The attendance at the school has doubled
since the present salary was established, and the importance
of the institution has greatly grown in every way. The
character and responsibilities of the place are such thai
any man competent and worthy to fill it merils better
compensation than that now provided.
Better hospital facilities are also imperatively de-
manded at the penitentiary. This is clearly demonstrated
in the reports of the Warden and prison physician, a care-
ful examination of which I take leave to beg the proper
committees of the two houses to make.
Two years ago I deemed it my duty to recommend an
increase in the salary of the physician in charge of the prison
hospitals. The position is one of great importance and
should command medical talent of a high order. Although
my recommendation of two years ago was not concurred
in, or at least acted upon, I still regard the salary as grossly
inadequate and I again recommend that it be substantially
increased.
The Executive Mansion should be repainted both
inside and out at an early day, and it stands in absolute
need of other extensive repairs. It should also be re-
furnished. It was newly furnished about eight years ago,
GOVERNOR WILLIAM JOEL STONE 97
but since then practically nothing in the way of furnishing
has been added. The Mansion is used as a semi-public
building. It is frequently thronged by large numbers of
people and the use to which its furnishing is subjected
makes it necessary that it should be replaced every seven
or eight years. In addition to the ordinary contingent
fund I recommend a special appropriation to be used in
making the repairs and procuring the furnishings referred to.
THE UNIVERSITY
We now have laid the foundation of a great university
but have little more than that. If the institution is
liberally supported by the people and wisely managed by
those in charge of it, we can soon build up here in our im-
perial State the greatest university in the southwestern
section of the Union. I would regard that consummation
as one of the proudest achievements within our reach
one that would reflect the highest honor and redound in the
greatest benefits to the people. Aside from the natural
and patriotic desire all of us should feel to supply our sons
and daughters with the best possible educational facilities,
the presence of a superb and famous university in the State
would do more perhaps than any other one thing to lift
the State into universal esteem and attract to it the favor-
able notice of mankind. It will not do to say that the
University is not the school of the poor boy, or that it is
not now what it ought to be. As a matter of fact a majority
of the University students are the sons and daughters of
those denominated as the common people. But if it were
true that the children of the poor do not for any reason
enjoy to any large extent the advantages of the institution,
then their opportunities for enjoying them should be made
easier. It more often happens than otherwise that those
who rise to great and deserved prominence in the State or
nation, and who add the greatest lustre to their country's
history, have come from what are regarded as the humbler
walks of life. There are hundreds of boys and girls whose
98 MESSAGES AND PROCLAMATIONS OF
possibilities of usefulness and greatness can not be estimated
if they were only given opportunities for full development.
Our common and intermediate schools are indispensable.
They perform a noble work and should be supported with
unstinted generosity. But those schools can not take the
place of the University. The University is the final train-
ing school where those prepared for admission to it are
rounded out and specially equipped for successful labor in
the fields of their choice. It should be supported in a
t>ro*3ttl and catholic spirit, provided with every needed
facility, and administered along such practical lines as
will strengthen and build it up, so that none desiring its
advantages will be denied them. If it is not now such a
school as it ought to be we should on that account strive all
the more to make it what we would have it. Somewhere
in the southwest, and in the near future, a splendid univer-
sity will arise one that will shine resplendent above all
rivals. Illinois, Iowa, Kansas, Nebraska and Texas are
all fighting for this distinction. When success is once
achieved it will be hard to wrest the laurel from the victor.
Unquestioned supremacy once obtained is apt to be per-
manent. Missouri holds the key lo the situation, and, if
we but utilize our advantage, we can win this prize. If
we are to succeed the people must take hold of the University
with a firm but affectionate hand and lift it right up beyond
the reach of danger and send it forward with that confident
strength that overwhelms opposition and makes victory
sure.
The University cannot be properly, even decently,
supported out of the present revenues and in accordance
with the present methods of making appropriations without
detriment to other important interests. The truth is this
institution ought to be taken out of the general squabble
for appropriations which occurs at every regular session of
the General Assembly and be provided with a permanent
and sufficient income of its own. The sum which can now
be set apart out of the general revenue for the University is
grossly and shamefully inadequate to answer its just de-
GOVERNOR WILLIAM JOEL STONE 99
mands. It ought to be sustained from a permanent fund.
It should not only be spared the humiliation of becoming a
biennial mendicant, but it should be placed in a position of
absolute independence. Many of the states now levy
a special tax, or set apart by law a certain per cent of their
aggregate revenues, for their Universities, varying in
amount from one-fifth to one-twelfth of one mill per annum
on every dollar of assessment or collections. This is done
in Ohio, Indiana, Illinois, Wisconsin, Minnesota, Michigan,
Kansas, Nebraska, California, and perhaps other states.
In Missouri the University gets what it can out of what
some have not inaptly designated as "the general scramble."
Why should not our University be treated with as much
consideration as are those of other states? Not long since
the Hon. John R. Kirk, Superintendent of Public Instruc-
tion, recommended that the General Assembly should set
apart for the benefit of the University an equivalent of one-
sixth of a mill per annum upon every dollar of the assessed
value of the taxable property of the State; and in support
of his recommendation he expressed the hope that if that
policy should be adopted it would "remove the question of
properly supporting the University from the arena of
public and local politics, and place it securely on the plat-
form of those high interests whose support is secured
through the action of a just and unfailing rule." If that
recommendation should be agreed to it would result in
creating an annual revenue of about $165,000, based on
present valuations. The sum realized from such a tax
would, of course, increase from year to year with the in-
crease of valuations; but that would be as it should, for the
necessities of the institution would increase with the growth
of the State. In the general spirit and object of this recom-
mendation, and in its wisdom as a policy, I most heartily
concur; but whether it could be entered upon at this time,
without making provision for additional sources of revenue,
is questionable, because of the amount it would absorb
out of the aggregate. However, the suggestion is one that
can be made practicable by enlarging the revenues, and I
100 MESSAGES AND PROCLAMATIONS OF
earnestly invoke your attention to it with the hope that it
may be regarded with favor.
In my last annual message I suggested the scheme of
setting aside a certain sum each year out of the general
revenue for a University endowment fund until the endow-
ment should reach $3,000,000. That policy could not then
be entered upon for the lack of money. The same obstruc-
tion to that avenue of relief still exists. I wish now, in
addition to all I have heretofore said in this and former
communications on the subject, to suggest another plan
for the solution of this University problem and that is to
enact a law directing the fund commissioners to issue a
State certificate of indebtedness, non-negotiable and non-
transferable, to be held in trust for the Seminary fund, in
an amount and at a rate of interest sufficient to sustain the
school, and thereby transfer the liability of its support from
the Revenue fund to the Interest fund. The certificate
should be for at least $2,000,000, and should bear interest
at the rate of five per cent. That would create an annual
revenue of $100,000, which, added to the interest on the
present endowment, would make a total income reasonably
sufficient to accommodate the needs of the institution for
years to come, put it on its feet and make it independent.
This plan, if carried out, would also instantly remove the
pressure on the Revenue fund and leave it in good condition
to meet the other demands against it. The "Interest
fund" is the fund created by the tax of ten cents on the
hundred dollars levied to meet the public debt. The public
debt consists of bonds and certificates of indebtedness.
The bonds, as I have already shown, are payable at the
pleasure of the State, and, under present conditions, can all
be retired within the next half decade. The certificates of
indebtedness are not payable at all. The certificates, all
non-negotiable and non-transferable, are held in trust by the
State treasury for the benefit of the Public School and
Seminary funds by far the greater part for the public
schools. The annual interest on these certificates is ex-
pended every year to support the school or schools to which
GOVERNOR WILLIAM JOEL STONE 101
the interest belongs. No provision is made for paying the
principal, nor is it contemplated that the principal will
ever be paid. The certificates constitute a permanent
debt, if "debt" it can be called. The interest, however, on
the certificates is paid out of the "Interest fund," just as
the interest on the bonds is paid. In like manner the in-
terest on the new- proposed certificate, if authorized, would
come from the same fund. The effect would be to increase
by $100,000 per year the amount that would otherwise be
withdrawn from the fund to pay interest, and diminish
to that amount the sum that would be annually transferred
to the Sinking fund to retire bonds. It would result in
delaying for a few months the final liquidation of the bonded
debt. That, however, I am sure no one would regard as a
matter of consequence. Here, then, is an easy solution of
this perplexing problem, if this can be done. It would
transfer the burden of maintaining 'the University to a fund
in splendid condition to assume it without doing injury to
any other interest. It would be the means of realizing
at once the hopes of all the friends of higher education by
placing the University on a plane of independence. It
would put an end to all the exasperating consequences
incident to the methods and policies heretofore pursued,
and would start the institution, confident and self-reliant,
on a career of progress almost certain to put it beyond
neighboring competition and make it one of the really great
Universities of the Republic. And all this would be done
without increasing the present burden of taxation a single
farthing. It is merely to shift the responsibility of main-
tenance from the "Revenue fund" to the "Interest fund."
Can this be done under the Constitution of the State? Ex-
cept for the doubt I entertain on that question I would not
hesitate to urge without reserve the instant adoption of the
scheme. I am not without doubt, however, as to the con-
stitutionality of the proposition. The power to levy taxes
is limited by the Constitution. Section 8, Article X of
that instrument provides that
102 MESSAGES AND PROCLAMATIONS OF
The State tax on property, exclusive of the tax neces-
sary to pay the bonded debt of the State, shall not exceed
twenty cents on the hundred dollars valuation; and when-
ever the taxable property of the State shall amount to nine
hundred million dollars, the rate shall not exceed fifteen
cents.
This provision absolutely fixes the tax limit for general
revenue purposes. But that is "exclusive of the tax neces-
sary to pay the bonded debt of the State."
Section 14, Article X provides that
* * Hereafter there shall be levied and collected an
annual tax sufficient to pay the accruing interest upon the
bonded debt of the State, and to reduce the principal thereof
each year by a sum not less than two hundred and fifty
thousand dollars; * * * and whenever said bonded
debt is extinguished, or a sum sufficient therefor has been
raised, the tax provided for in this section shall cease to be
assessed.
This section, by reference to another, also provides
that this tax to meet the debt shall be "appropriated and
paid out" for the following purposes:
First, for the payment of all interest upon the bonded
debt of the State that may become due during the term for
which each General Assembly is elected;
Second, for the benefit of the Sinking fund, which shall
not be less annually than two hundred and fifty thousand
dollars.
Now, this section, 14, authorizes a tax to pay the inter-
est and reduce the principal of the "bonded debt," and
for that only; while the section first quoted limits the
amount of the tax which may be levied for general pur-
poses. If this was all the Constitution had to say on the
subject, how would the question stand? If this was all
the Constitution had to say, there would be no inhibition
against issuing the certificate of indebtedness. But even
then, a question would arise as to the source from which
the money would be derived to pay the interest on it,
provided the general revenue tax, now amounting to fifteen
GOVERNOR WILLIAM JOEL STONE 103
cents on the hundred dollars, did not produce a sum suffi-
cient for that purpose. As the "debt tax" is levied for the
purpose of paying interest on the bonds and reducing the
principal thereof, it might be questioned whether any part
of that tax could be used to pay interest on a non-payable
certificate of indebtedness. There a doubt arises. But
what I have quoted is not all the Constitution has to say
on the subject. Section 44, Article IV provides that
The General Assembly shall have no power to contract
or to authorize the contracting of any debt or liability on
behalf of the State, or to issue bonds or other evidences of
indebtedness thereof.
That is the language of the Constitution. There are
some exceptions specifically made to the general rule, but
none of the exceptions are pertinent to the question under
consideration. The language quoted is broad. It denies
to the Legislature the power to "contract any debt of
liability" or "to issue bonds or other evidences of indebted-
ness." That leaves but one question open, and that is one
of construction. What do the words "debt or liability"
mean, as they are here used? Bonds or other forms of
indebtedness payable to an individual holder any obliga-
tion to pay something to one standing as a creditor would
beyond doubt fall within the prohibition. But a certificate
of the kind suggested is not a debt of that character. Can
it be properly said to be a debt at all? The certificate
would be an obligation of the State payable, in effect, to
itself. It would never leave the possession of the State.
It could never become the subject of individual ownership.
It would therefore, I assume, be an obligation the State
could change, perhaps cancel, at pleasure. It would simply
be a means provided by the State to support one of its
own institutions, which, if not supported in that way,
must be in another; and no matter what way may be chosen
it can only be done by taxation. Let us test it in this way.
Let us suppose our general revenues to be sufficient to
justify a provision of this nature out of them. Let us
suppose the Legislature to be desirous of setting apart a
104 MESSAGES AND PROCLAMATIONS OF
certain amount of the annual revenues for the support of
the University, and to put it in a form to make that amount
both certain and permanent. Would not the Legislature
have the power to authorize the issuing of an interest-
bearing certificate, and to direct that so much of the general
revenue be set apart each year as would be necessary to
pay the interest, and that it be applied to the maintenance of
the University, in lieu of a special annual appropriation?
For years past, the institution has been supported by specific
appropriations out of the general fund. Could not the
Legislature, if it cared to, establish a fixed charge by general
law against that fund in place of an uncertain and varying
charge fixed by special appropriation laws passed from time
to time? If a certificate, the principal of which is non-
payable, but the interest on which is made a charge on the
revenue fund, can be constitutionally issued, then the
constitutional question involved in this discussion, if not
eliminated, is narrowed to one of funds. If it be conceded
that a certificate of indebtedness can be issued as a charge
on the Revenue fund, then the certificate is not such a
"debt" or "evidence of debt" as the 44th section of Article
IV forbids the General Assembly to contract; and the only
question remaining is whether it can be made a charge on
the Interest fund. To my mind this presents the greatest
difficulty. As I have already shown, Section 14, Article X
provides for a tax "to pay the accruing interest upon Ihc
bonded debt and to reduce the principal thereof," etc.;
and it also provides that "whenever said bonded debt is
extinguished, the tax provided for in this section shall cease
to be assessed." Five years hence the bonded debt will
be extinguished. What then would become of the cer-
tificate of indebtedness? If the tax should then cease it
would thereafter be necessary to pay the interest out of the
Revenue fund or cancel the certificate. And if that be
true would it not be violative of the Constitution to xise
any part of the Interest fund for any purpose other than
that of paying interest on the bonded debt and reducing the
principal? Can a permanent debt or obligation be created
GOVERNOR WILLIAM JOEL STONE 105
so as to continue any portion of the interest tax after all
bonds have been paid and retired? To both of these ques-
tions the General Assembly, at least, has made answer on
more than one occasion. In 1881, and several times since,
the Legislature has authorized the issuing of non-payable,
non-negotiable, and non-transferable certificates of in-
debtedness, to be held in trust for the benefit of the Public
School and Seminary funds. The interest now paid an-
nually on these certificates amounts to $248,757; and it is
paid out of the Interest fund. It would require too much
space to explain the history of all these certificates. Prior
to the adoption of the present Constitution $2,009,000 of
bonds had been taken up, but, instead of being cancelled,
were held in the treasury vaults for the use of the schools.
They constituted a part of the bonded debt of the State,
however, when the present Constitution was adopted in
1875. In 1881 the Legislature directed that these bonds
be cancelled and that a public school certificate of indebted-
ness be issued in their stead. Again, in 1891, when the
United States returned the direct tax due this State, amount-
ing to $646,958, that money was first transferred to the
Seminary fund, and a five per cent certificate of indebted-
ness issued therefor; the money was then transferred to the
Sinking fund and used to retire bonds. The bonds, which
were payable at the pleasure of the State, were cancelled;
but a certificate of indebtedness, the principal of which is
not payable at all, was created to take their place. Now,
it seems quite clear to me that if the Legislature had power
in 1881 and 1891 to change the payable bonded debt into
a non-payable obligation held by the State itself, and make
that a permanent charge on the Interest fund, it has equal
power now to impose an additional burden upon that fund
a burden of the same nature and created in substantially
the same way and for precisely the same purpose. There
are repeated legislative precedents for doing what is now
suggested. I am free to say, as I esteem it my duty to do,
that I am not without doubt as to the constitutional power
of the General Assembly in the premises, but I lay the
106 MESSAGES AND PROCLAMATIONS OF
proposition, with the foregoing suggestions, before you for
your thoughtful consideration.
My interest in the University is so great, and there is
so much that might be said about it that I am loth to dis-
miss its affairs with such an imperfect discussion of them;
but the nature of this document will not admit of further
elaboration. I will close my reference to the institution
with a brief quotation from a recent letter from President
Jesse, in which he says:
"It seems to me that all departments of the State
government that have for their object scientific work
should be connected with the University. This means the
saving of expense to the State, and the strengthening of
the University. It would be a good thing to make the
University the home of the State Geological and Natural
History Survey, of the State Board of Health, of the Fish
Commission, and of a commission for inquiry into adultera-
tion of foods, drugs, fertilizers, etc." I warmly endorse
this suggestion, and hope it may not only meet with your
approval, but that you will give to it such legislative sanc-
tion as will make it effective.
I desire also to recommend a special appropriation
for the maintenance of a chair in the University on the
theory and practice of medicine, according to the homeo-
pathic view. This is desired by a large number of good
people in Missouri, and the importance of this great school
of medicine is such as to deserve this recognition; besides,
it is a chair which in the natural fitness of things ought to
be established at the University.
To prevent any misunderstanding, perhaps I ought to
say that when I speak of the University I include the School
of Mines.
PUBLIC SCHOOL SUPERVISION
A large number of the leading teachers of the State have
pressed upon my attention the importance of county super-
vision of the public schools. Supervision of these school
is now had in the larger cities and towns and in several
GOVERNOR WILLIAM JOEL STONE 107
counties. It is desired to make county supervision obliga-
tory instead of permissive, as it now is by law. The reasons
for this change in the law are strongly and fully stated in a
pamphlet recently issued by authority of the State Teachers'
Association, and which, I am informed, will be furnished
each Senator and Representative. Whatever tends to
better the public schools should have our cordial and prompt
support; and it seems to me that the pamphlet referred to
makes it very clear that the change in the law therein
advised should be made.
TEXT-BOOK LAW
In this connection and as apropos to the foregoing, I
desire to press upon your attention the necessity of revising
and perfecting a School Text-Book law. This should be
done both for the sake of uniformity and economy. There
is not a constituency represented in either House that
would not be benefited by such a law.
BOARD OF PARDONS
In my last annual message I called attention to the
advisability of establishing a Board of Pardons. The sug-
gestion seemed at that time to meet with general approval,
and a bill establishing a Board of Pardons and Prison In-
spection was introduced. It failed of passage, however,
chiefly, if not wholly, because of objections made by some
to so much of the measure as related to inspection. I
renew my recommendation for a Board of Pardons, and
for the same reasons I gave in my former message. I need
not repeat those reasons here, as those who may care to
examine them can do so by reference to pages 28-9 of the
appendix to the Journals of 1895.
MISSOURI-IOWA BOUNDARY
Some years past a dispute of a most troublesome nature
arose between the people of Mercer county, Missouri, and
Decatur county, Iowa, as to the true location of the boundary
108 MESSAGES AND PROCLAMATIONS OF
between the two states. The controversy became so
passionate and was the cause of so many open breaches of
the peace that I found it necessary to call the attention of
the last General Assembly to it. That body wisely enacted
a law empowering the Governor to take steps to effectuate
a speedy settlement of the issue. Under my direction the
Attorney-General instituted a suit in the name of this
State against the State of Iowa in the Supreme Court of the
United States to have the line ascertained and fixed by a
decree of that tribunal. The line was surveyed and re-
located by a commission appointed by the court, and the
action of the commission has been confirmed; and so I am
pleased to report that this exasperating incident is at an
end*
BANK INSPECTION
I desire to call especial attention to the report of the
Secretary of State with reference to bank inspections.
The system of inspections established by him is thorough,
and the work done under his supervision has been con-
ducted along lines the most intelligent and praiseworthy.
Since the Secretary undertook this work about eighteen
months ago he has caused 713 examinations to be made.
Twenty-eight banks have been closed at his instance (al-
though four of those have since been permitted to resume);
eighteen banks have been forced into voluntary liquidation,
and eight into voluntary assignments. Fifty banks have
gone out of business since the inspection law was passed.
This shows how necessary it was that such a law should have
been enacted. Unfortunately the law limited the number of
inspectors to two. That number is not sufficient for the
work. There are now 583 banks subject to State inspec-
tion. The number of inspectors ought to be increased.
There is no reason why they should not be as the increase
would entail no additional burden on the tax-payers.
GOVERNOR WILLIAM JOEL STONE 109
BUILDING AND LOAN SUPERVISION
The Thirty-eighth General Assembly also enacted a
law placing building and loan associations under State
supervision. The duty of supervising these institutions
was assigned to the State Treasurer, but the great bulk of
the actual work of supervision was delegated by Mr. Stephens
to his deputy, Hon. H. L. Gray, who has proved to be a
most capable and efficient officer. I beg leave to call your
attention to the following extract from a recent communica-
tion from the head of this bureau:
"By an act of the last General Assembly building and
loan associations were placed under the supervision of the
State Treasurer. His first annual report to the Governor
is printed and is being distributed; it gives the financial
condition of each association as well as a review of the law,
its workings and its defects, with suggestions of needed
amendments. There are 284 of these societies in Missouri,
having resources of over $26,000,000. All the states, I
believe, which have relatively as many of these corporations
as ours, have supervision. All quasi public corporations
need inspection, and, without invidious comparison, build-
ing and loan associations need it especially as they do
business for the most part with those of small means;
they arc organized for the purpose of encouraging thrift
and home building, which is accomplished by self-imposed
small monthly payments. Then, too, for the past ten
years there has been a tendency to enlarge the scope and
change the methods of these institutions, which, in the
judgment of the supervisor, has been carried beyond author-
ity under the law, and beyond prudence even if the law
permitted. As the report to which I have referred, in-
dicates the changes thought to be desirable, I respectfully
recommend it to you, rather than to undertake to do that
which want of space forbids.
"Only 12 associations have been placed in the hands of
receivers by the supervisor; he informs me that about 50
are in liquidation, or have liquidated under his advice;
110 MESSAGES AND PROCLAMATIONS OF
others have matured and gone out, having accomplished
the purpose for which they were chartered. Each associa-
tion has been examined, some twice, and I am informed
that with but few exceptions they are solvent and are pro-
moting their business in a way to bring satisfactory results."
REVENUE LAW AMENDMENT
I desire to invite particular attention to the following
extract from a recent communication of Auditor Seibert
to me, and to express my entire concurrence in his recom-
mendations:
"Experience has demonstrated that our revenue sys-
tem is seriously defective and needs improvement. The
records of the courts show that thousands of dollars are
lost to the State every year by reason of informalities in the
assessors' books, tax books, delinquent lists, etc. Again,
there is no uniformity in the settlements with the treasury
department by officers handling public moneys, nor suit-
able safeguards against errors in accounting. These defects
could be cured by amending the law to authorize and re-
quire the State Auditor, who is charged by law with the
duty of supervising the revenue service, to prepare and
furnish forms of all books and blanks used in the assess-
ment of property, preparing tax books, collecting taxes,
making settlements and keeping accounts with the State,
under the laws now in force. To enable the Auditor to
enforce the use of the forms prepared by him and ascertain
the facts necessary for him to know before accepting and
approving reports and settlements made to him and allow-
ing claims against the State, he should be authorized to*
employ two competent persons as special agents to make
examinations, check up books and accounts and report to
him."
CONCLUSION
In concluding this communication, which is the last I
will have the honor of making to the General Assembly, 1
express the hope that your sojourn at the Capital will be
pleasant, and that your work may prove of advantage to
GOVERNOR WILLIAM JOEL STONE 111
the State. I have seen much recently in the press that
this Legislature would be unusually hostile to corporations
and other special interests. To these reports I have given
little credence, but if I can venture to do so without offense,
I would advise that all legislation should be along high
lines and characterized by wise conservatism and the spirit
of absolute justice. The State can not afford to make war
on any legitimate interest for war means to tear down
and destroy, not to create and build up. The property of
corporations is the property of the citizen. It is entitled
to the same measure of protection accorded the posses-
sions of others, and should be required to bear only its
just and equal proportion of the public burdens. Just
laws for the government of corporations should exist, but
no law which unfairly discriminates against them should be
enacted. No important legislation should be attempted
until the situation it deals with is fully understood and the
effect of the legislation thoroughly weighed. The thing
I counsel is moderation; the thing I advise against is in-
justice. A spirit of resentment should never give direction
to public policy, nor wield an influence over those charged
with public functions. No man is worthy to fill public
station who consents to do wrong, however great the tempta-
tion, or fears to do right, no matter who or what he antag-
onizes. I hope this General Assembly especially will labor
solely and incessantly to promote every legitimate interest
of the State, and advance still higher Missouri's proud and
unsullied standard.
I can not close without expressing the high apprecia-
tion I feel for the uniform courtesy with which I have been
treated by those associated with me in the government of
the State. Whatever measure of success this administra-
tion has attained is due chiefly to the intelligence and
fidelity with which my colleagues have administered the
affairs of their several departments and bureaus, and for
their cordial co-operation I am glad of this opportunity to
confess my profound sense of obligation.
[Wn. J. STONE.]
112 MESSAGES AND PROCLAMATIONS OF
VETO MESSAGES
TO THE HOUSE OF REPRESENTATIVES
MARCH 16, 1893
From the Journal of the House of Representatives, pp. 1028-1025
STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OP JEFFERSON,
March 16, 1893.
To the Speaker of the House of Representatives:
Sir I return herewith House bill No. 442, entitled
"An act to repeal chapter 162, of the Revised Statutes of
Missouri, 1889, entitled 'Township organization,' and also
to repeal all acts amendatory to said chapter."
I return this bill without my approval.
Personally, I am not favorable to that system of
county government organized and existing under the pro-
visions of the township organization law. It was in force
for some years in the county of my residence. Whenever a
proposition to adopt it was pending in that county, I
always voted against it, and whenever a proposition to
abolish it was pending, I always voted for it. I was induced
to this because I have considered the system more com-
plicated, cumbersome and expensive than that system
of government existing in the other counties. It multiplies
offices and increases somewhat the expenses of administra-
tion, both to the State at large and to the counties them-
selves. The difference in the cost to the State, however, is
not great, as can be seen by a careful examination of the
Auditor's report. This difference is not, in my judgment,
large enough to make it a material consideration in deter-
mining whether the law should be repealed or permitted to
stand.
Although, generally speaking, I am in sympathy with
the reasons which have been assigned by those who have
GOVERNOR WILLIAM JOEL STOKE 113
favored this repealing act, I am constrained from other
considerations to withhold my assent to the measure. The
meaning and scope of the bill under consideration do not
seem to me to be clearly defined, but on the contrary, its
provisions are such as are likely to lead to complications
and confusion.
Section 1 provides that the township law and all
amendatory acts "are hereby repealed, except so far as
may be necessary to settle up the affairs of townships exist-
ing under said chapter, as herein provided." This section
repeals the law, subject to certain conditions or exceptions,
viz.: "except so far as may be necessary to settle up the
affairs of townships existing under said chapter, as herein
provided." So far then as the application of the township
law may be necessary to the settlement of the affairs of the
townships, it is to be continued in force to the extent pro-
vided for in the succeeding sections. Now, section 2 pro-
vides as follows: "From and after this act goes into effect,
no further proceedings shall be had in any township, except
such as may be necessary in order to collect the debts due
to and to pay those due by such township, to sell and dis-
pose of all property of such township, and such other pro-
ceedings as shall be absolutely necessary for a full and com-
plete settlement of the affairs of each township; but for
said purposes each officer of each township as now con-
stituted shall retain his full authority." This section then
provides that after the act becomes operative, all further
proceedings by which, I suppose, is meant all further
corporate business shall cease, and the right to transact
any such business shall terminate.
That is the first general proposition contained in the
section. But that proposition is made subject to exceptions,
for the section provides that the townships shall still have
the right to transact their business to the extent that it
may be necessary to collect and pay their debts, to dispose
of their property, or to do any other thing necessary for a
full and complete settlement of their township affairs; and
114 MESSAGES AND PROCLAMATIONS OF
to that end the township officers shall retain their full
authority.
Let a case be supposed. Let it be supposed that some
one township in a county may have a public debt of, say
fifty thousand dollars (150,000). Under the limitations
placed on the taxing power, it may not be possible to pay
the debt for several years, and besides, it might be ex-
cessively burdensome on the people to attempt the collec-
tion of taxes sufficient to pay it sooner. In such a case,
would not the township organization law continue in force
and remain operative in that township as long as that
debt might remain unpaid? If such should be a proper
construction of this section, then there might be one or
two townships in a given county acting under the township
law, w r hile the remainder of the county would be operating
under the general law. The example here given, if it be well
taken, serves to illustrate the confusion to which this bill,
if enacted into a statute, might lead. The section provides
that the township law shall remain in force, and the town-
ship officers continue to exercise their authority, as long as
it is necessary to transact any business required for the full
settlement of the municipal affairs.
It seems to me that if the township law is to be repealed,
then some different provision should be made for the settle-
ment of township business. It could be easily enough ac-
complished through the medium of the county court, and
thereby avoid the introduction of these confusions into the
law.
Again, section 4 provides as follows: "As soon as the
act takes effect, the township clerk, justices of the peace
and constables, and all other officers having any records,
papers, books or documents pertaining to his or their
offices, shall deliver the same to the county clerk, to be by
him disposed of as ordered by the county court. Papers,
books and documents so delivered by constables ancl justices
of the peace shall be delivered to their successors to be
appointed by the county court."
GOVERNOR WILLIAM JOEL STONE 115
Section 5 provides that "from and after this act takes
effect, all laws then in force in relation to counties not under
township organization, and applicable, shall be applicable
to all counties affected by this act."
Under the provisions of these sections, therefore, as
soon as the act takes effect, all the officers of every town-
ship now organized under the township law are peremptorily
required to deliver their books, papers and documents to
the county clerk; and all books, papers and documents so
delivered by justices of the peace and constables are to be
turned over to their successors, who shall be appointed by
the county court.
Now, recurring again to section 2, if it should so
happen that certain townships had debts to pay, or to
collect, or had other business necessary to be transacted,
no matter how long it might take to complete it, the officers
of such townships would be required to continue in the
exercise of their authority, and could not, therefore, con-
form to the provisions of section 4; nor could the general law
become operative in those townships as required by section
5, without conflicting with the provisions of section 2.
Again, it is provided in the bill that "The several
county courts shall fill all vacancies and perform all things
within their authority necessary to put all of said laws
(that is, all general laws) into full and complete force in
their respective counties." The provision that the county
court shall fill all vacancies raises some doubt as to whether
the power to appoint county officers is intended to be
vested in the county court in those counties affected by this
bill, or to leave that power where it now is with regard to
counties not under township organization. In my own
judgment, the power of appointment now confided to the
Governor under the general law would not be taken from
him under the provisions of this bill, but I find that there is
considerable doubt in the minds of others upon this ques-
tion. It would be unwise to leave a question of this charac-
ter involved in obscurity and doubt.
116 MESSAGES AND PROCLAMATIONS OF
There are other objections to the bill of a kind similar
to those above presented, but I do not care to elaborate
this view at too great length. My attention has been
called to the fact that the bill under consideration is a
literal copy of the act repealing the township organiza-
tion law, approved March 5, 1877; but I can not see that
that fact lessens materially the force of the objections here
urged.
I will state one other reason why I can not approve this
bill. The people of the State took sufficient interest in
township organization as a governmental policy to provide
in the Constitution that the Legislature might enact a
township organization law. The Constitution likewise pro-
vides that if such a law should be put upon the statute
books, and it should be adopted in any county by the vote
of the people, it should remain as the law in that county
until it should be abolished by a vote of the people thereof.
I do not wish to be understood as saying that there is any
constitutional objection to the repeal of the township law.
I think it can be repealed. I mean simply to say that, in
my judgment, it was contemplated by the people, when
they adopted these provisions of the Constitution, that if a
majority of the representatives of the people in the two
Houses of the General Assembly thought such a law was
desirable, it might go upon the statute books, and when
adopted by any county, it should remain the law of that
county until the people thereof should abolish it by a
majority vote, or until it should be repealed and wiped
from the Statute books of the State. Although the Legis-
lature may repeal the law, I greatly doubt whether it would
be a strict compliance with the spirit of the Constitution
to do so after counties had adopted it, had adjusted their
affairs to the system, and conducted their business for years
thereunder, not only without consulting, but absolutely in
contravention of the will of the people residing in such
counties.
I do not think that ought to be clone unless there is
some commanding reason why it should be. No such
GOVERNOR WILLIAM JOEL STONE 117
reason suggests itself to my mind, on the contrary, I am in
favor of the doctrine of local self-government. I believe
in leaving matters of this kind to the judgment and wish
of those immediately concerned. If the people of Carroll
county, for instance, prefer this system of county govern-
ment, why should the people of Cole county, or any other
county, object? The only reason occurring to me upon
which a sound objection could be predicated is that the
assessment and collection of the State revenue in counties
operating under the township system is somewhat more
expensive to the State than in the other counties of similar
class not operating under that law. This difference, how-
ever, as I have already said, is small and comparatively
unimportant.
Some of the counties of the State have been under this
system for years; many of the townships have erected
buildings for township use; the people have become accus-
tomed to the system and prefer to have it continued. I
do not feel disposed to overthrow these conditions, or to
disturb the people of these counties in the exercise of a
privilege and a preference which in nowise affects the local
rights or affairs of any other county, and which do no
material injury to the State. The people of every county
are at liberty to adopt this system if they wish; it is not
imposed upon them except by their own act; and they can
at any time dispense with it if they believe it to be to their
interest to do so.
WM. J. STONE,
Governor.
118 MESSAGES AND PROCLAMATIONS OF
VETO RECORDED WITH THE SECRETARY
OF STATE
APKIL 1, 1893
From the Journal of the Senate, pp. 646-647
JEFFERSON CITY, April 1, 1893.
To the Secretary of State:
Sir House bill No. 395, entitled "An act to amend
section 8666 of article II, of Chapter 164, of the Revised
Statutes of 1889, by inserting the words 'or of any other
city in this State having a population of not less than one
hundred thousand,' between the words 'St. Louis' and 'or*
in the 9th line of said section, and by striking out the word
'funded/ in the tenth line of said section," was received by
me within ten days last before the adjournment of the
General Assembly. In compliance with the provisions of
the Constitution in such cases made and provided, I return
the bill herewith, with my disapproval. My objections to
approving the bill may be briefly stated thus: The security
of the public funds deposited with banks should be the
first, if not the only, consideration. Under the law as it
stood in 1879, the only security which banks were author-
ized to give the State Treasurer for money deposited with
them, were bonds of the United States or of the State of
Missouri, which were to be equal in amount to the amount
of money deposited with the banks. Such security made the
deposits absolutely safe. There could never be any ques-
tion about its sufficiency. There was never any need of
examining market reports to ascertain the values at which
bonds were quoted; there was never any danger of having
bonds of questionable validity or uncertain value held as
security for the public money. Since 1879 the law has
been so amended that it now provides that the treasurer
(with the approval of the Governor and Attorney-General),
may take a personal bond equal to at least twenty-five
GOVERNOR WILLIAM JOEL STONE 119
per cent of the amount of the accepted bid made by any
bank, and in addition thereto, bonds of the United States
or the State of Missouri, "or, in their discretion, the regis-
tered bonds of the city of St. Louis, or, in their discretion,
the registered funded bonds of any county in this State
worth not less than par, to an amount at least equal in
value to the amount of the deposits with such banks or
banking institutions."
From being authorized to take only bonds of the United
States or the State of Missouri, according to the law of
1879, the treasurer is now authorized to take a personal
bond, and registered bonds of the city of St. Louis, or the
funded bonds of any county in the State. And now it is
proposed to still enlarge the range and character of the
securities which may be taken for these deposits by in-
cluding the registered bonds of any city in the State having
a population of one-hundred thousand inhabitants, or the
registered (instead of funded) bonds of any county in this
State.
I think this legislation tends in a wrong direction.
Every step taken in this direction is calculated to impair
the character and value of the securities which may be
offered for the safe-keeping of the public funds. I think
it wise to check further progress along this line. Every
proper facility, of course, should be afforded the banks,
and they should be dealt with so as to occasion them as
little embarrassment as possible, consistent with the ab-
solute safety of the public interests. The bonds of the
United States or of this State are not yet so scarce as to
put them out of reach, or to make them unavailable. It
may be said if the higher priced securities are exacted, the
banks can not afford to bid as high for the State deposits;
but I imagine there is very little in that, and in any event,
I think absolute Security should be the first consideration.
Respectfully,
WM. J. STONE,
Governor.
120 MESSAGES AND PROCLAMATIONS OF
VETO RECORDED WITH THE SECRETARY
OF STATE
APEIL 18, 1893
From the Journal of the Senate, p. 647
JEFFERSON CITY, April 18, 1893.
To the Secretary of State:
Sir I herewith return House bill No. 178, entitled
"An act to amend section 5033, chapter 65, of the Revised
Statutes of Missouri of 1889, concerning the fencing of
public highways in counties that have passed the general
stock law restraining horses, mules and cattle, by adding a
new section thereto to be known as section 5033a." This
bill was received by me within the ten days next preceding
the adjournment of the General Assembly. I return the
same without my approval, and, in compliance with the
constitutional requirements in such cases made and pro-
vided, state my objections thereto:
First The title is clearly defective. It does not
comply with that section of the Constitution which requires
that the subject matter of the bill shall be clearly stated
in the title. By the title it is proposed to "amend" sec-
tion 5033 "by adding a new section thereto to be known as
section 5033a." I do not well see how section 5033 can be
amended by the enactment of an entirely new section,
referring to an entirely different subject. The title does
not propose to amend the chapter by the addition of a new
section, but to amend a certain section of a certain chapter
by the addition of a new section. The title does not in-
dicate in any manner whatever what subject is to be treated
by the proposed new section. The subject-matter of the
new section is not "clearly stated in the title;" indeed, it is
not stated at all.
GOVERNOR WILLIAM JOEL STONE 121
Second Coming to the body of the bill, I find that
not only one but three new sections are enacted, all of
which relate to different subjects. The three new sections
are numbered 5033a, 5033b and 5033c. There is nothing
in the title of the bill making any reference whatever to the
proposed sections, numbered 5033b and 5033c.
Third Section 5033b provides that the entire "article,"
of which the proposed section is to be made a part, shall be
"suspended" in certain counties until the legal voters of
such counties shall decide to enforce the same therein.
Now, section 5033 referred to in the title is a part of chapter
65 of the Revised Statutes; but the chapter is not divided
into articles at all. It is difficult, therefore, to determine
what the proposed section 5033b really means.
For the reasons indicated, I disapprove the bill.
Respectfully,
WM. J. STONE,
Governor.
VETO RECORDED WITH THE SECRETARY
OF STATE*
APEIL 18, 1893
From the Journal of the Senate, p. 6^8
JEFFERSON CITY, April 18, 1893.
To the Secretary of State:
Sir Under the provisions of the Constitution in such
cases made and provided, I return herewith Senate bill
No. 190, entitled "An act to amend chapter 86 of the
Revised Statutes of the State of Missouri of 1889, entitled
'Insane persons/ by adding a new section thereto, to be
known as section 5563a," without my approval.
The bill is an amendment to the law relating to insane
persons and the management of their estates. It provides
that "appeals shall be allowed from any final order or
122 MESSAGES AND PROCLAMATIONS OF
judgment of the probate court under this chapter at any
time during the term or within six months thereafter, in
like manner and with the same effect as appeals are allowed
in cases of administration of the estate of deceased per-
sons."
If an amendment to the existing law is necessary to
allow a review of proceedings had in the probate court
with relation to the persons and estates of insane persons,
then it seems to me that the time provided in the bill
under consideration within which an appeal may be taken
is manifestly too long. It seems to me if this proposition
should become a law it would lead to confusion. If a
citizen is declared insane, and an order made appointing
a curator to manage his estate, six months would be allowed
in which to prosecute an appeal. In the meantime, the
guardian or curator would be at a loss to know what course
he should pursue. The execution of his bond, the taking
charge of the estate, the disposition of assets, and the con-
duct of the entire business, no matter how urgent or im-
portant to the preservation of the estate, must all be delayed
for half a year, waiting to see if an appeal will be taken,
or done at the risk of having the whole proceedings re-
viewed and reversed, and the expense incident to the work
thrown upon the guardian. This illustrates the objections
to the bill as they occur to me. Why this long period of
six months for prosecuting appeals was allowed I am at a
loss to understand. It is a radical departure from the rule
and practice obtaining in all other classes of judicial pro-
ceedings. So believing, I withhold my approval.
Respectfully,
WM. J. STONK,
Governor.
GOVERNOR WILLIAM JOEL STONE 123
VETO RECORDED WITH THE SECRETARY
OF STATE
APRIL 18, 1893
From the Journal of the Senate, pp. 648-649
JEFFERSON CITY, April 18, 1893.
To the Secretary of State:
Sir I return herewith Senate bill No. 217, entitled
"An act providing what effect shall be given to fire insurance
policies containing clauses relating to the vacancy or non-
occupancy of the property insured, and to prevent the
avoidance of that part of the policy concerning which no
false, fraudulent or mistaken misrepresentations have been
made;" which bill was received by me within the ten days
next before the adjournment of the General Assembly.
I return the same without my approval, and in compliance
with the provisions of the Constitution in such cases made
and provided, I thus state my objections briefly:
The bill provides that any provision in any fire in-
surance policy hereafter issued, which provides for avoid-
ing the policy by reason of the vacancy or non-occupancy
of the property insured, shall be without force and effect,
unless the insurance company shall affirmatively show that
the vacancy or non-occupancy contributed to the damage
claimed by the injured. The bill also provides that any
provision rendering the policy void by reason of any false
or fraudulent representation made by the insured as to
any part of the property insured, shall be effective only
as to that part of the property concerning which the false
representation was made, and that the policy shall remain
in force and effect as to that part of the property concern-
ing which no false or fraudulent representation has been
made.
It is manifest, it seems to me, that a vacant building
is more liable to the danger of destruction by fire than one
124 MESSAGES AND PROCLAMATIONS OF
occupied. The risk taken upon a vacant building, having
no one to guard or protect it, is upon an entirely different
basis from that taken on a building occupied and in use.
I think insurance companies should have an undisputed
right to insist by the terms of their contracts that where a
building insured is to remain in the occupancy of some
person, the policy shall become void if it becomes vacant
without the consent of the insurer. This seems so clear
to me that the mere statement of the proposition is to
make it unanswerable.
Equally objectionable is the other provision of the
bill, which provides that a- false and fraudulent representa-
tion, made by the person insured with reference to a part
only of the property insured, shall not affect his right to
recover for that part of the property concerning which no
false or fraudulent representation was made. A contract
is an entire thing. The representation made as to the
whole property might be the inducement leading the insurer
to take the risk. Now, to hold that a provision inserted
in the contract to the effect that its validity shall depend
upon the truth and good faith of the representations made
by the insured concerning the property insured, shall be
binding only as to that part of the property concerning
which a fraud was perpetrated, but shall not be enforced
as to other property, is to offer a premium upon wrong-
doing and hold out an inducement lo fraud. It would set
aside safeguards which every well-conducted insurance
company should be permitted to establish for its own pro-
tection.
Respectfully,
WM. J. STONE,
Governor.
GOVERNOR WILLIAM JOEL STONE 125
VETO RECORDED WITH THE SECRETARY
OF STATE
APRIL 19, 1893
From the Journal of the Senate, pp. 64.9-651
JEFFERSON CITY, April 19, 1893.
To the Secretary of State:
Sir Under the provisions of section 12, article 5 of
the Constitution, and of the laws enacted in pursuance
thereof, I transmit herewith to your office House bill No.
418, entitled "An act to repeal section six thousand six
hundred and thirty-two (6632), chapter one hundred (100),
article one (1), of the Revised Statutes of Missouri, 1889,
entitled legislature,' and to enact a new section in lieu
thereof, to be known as section 6632."
This bill was received by me on the 22d day of March,
being within ten days before the final adjournment of the
Thirty-seventh General Assembly. I return this bill,
without my approval. I disapprove the measure because
il increases as I think, unnecessarily, the number of legis-
lative employes, and the amount now provided as com-
pensation for many of them. The statute now regulating
the employment and compensation of these employes is as
follows:
SEC. 6632. Per diem of Assistant Secretary of Senate
and others. The Assistant Secretary of the Senate, the
Assistant Chief Clerk of the House, the Engrossing Clerk
and the Enrolling Clerk of the Senate, the Engrossing
Clerk and Enrolling Clerk of the House, the Official Re-
porter of the Senate and the Official Reporter of the House,
the Chaplain of the Senate and the Chaplain of the House,
the Reading Clerk of the Senate during a Revising Session,
the two Reading Clerks of the House, and during a Revising
Session the Chief Clerk of the Joint Committee on Revision,
from the date of their appointment, shall each receive
126 MESSAGES AND PROCLAMATIONS OF
five dollars per day for their services; the Folder of the
Senate and the Folder of the House shall each receive
four dollars for their services; the Sergeant-at-Arms and
Doorkeeper of the Senate and the Sergeant-at-Arms and
Doorkeeper of the House, committee clerks and other
clerks, the Superintendent of Heating and Ventilation of
the Senate and House shall each receive three and one-
half dollars per day for their services; pages and laborers
shall each receive one and one-half dollars per day; and
other employes shall each receive two dollars per day
the allowance in every case to be only for the time actually
consumed in the work of the Senate and the House, as the
case may be.
SEC. 6633. Compensation of other clerks and em-
ployes. The compensation of all officers, clerks and em-
ployes of either house, not otherwise fixed by law, shall
be fixed as soon as practicable after their election or appoint-
ment, and the pay of officers, clerks or employes shall not
be increased or diminished during their respective terms of
office, or during the time which they may be employed or
appointed, either by appropriation out of the contingent
funds of either house or otherwise, in any manner whatever.
The bill under consideration provides as follows:
SEC. 6632. The Assistant Secretary of the Senate, the
Assistant Chief Clerk of the House, the Engrossing Clerk
and Enrolling Clerk of the House, the Engrossing Clerk
and the Enrolling Clerk of the Senate, the Official Reporter
of the Senate and the Official Reporter of the House, the
Chaplain of the Senate and the Chaplain of the House, one
Reading Clerk in the Senate and two Reading Clerks in
the House, and during a revising session the Chief Clerk
of the Joint Committee of Revision, shall each receive
as full compensation for their services the sum of five dollars
per day; the Folder of the Senate and the Folder of the
House shall each receive as full compensation for their
services the sum of four dollars per day; the Sergeant-
at-Arms and Doorkeeper of the Senate and the Sergeant
at-Arms and Doorkeeper of the House, the Assistant Ser-
GOVERNOR WILLIAM JOEL STONE 127
geant-at-Arms and the Assistant Doorkeeper of the Senate
and the Assistant Sergeant-at-Arms and the Assistant
Doorkeeper of the House, all committee clerks, docket
clerks, minute clerks, endorsing clerks, bill clerks, printing
clerks, calendar clerks, journal clerks, copying clerks,
resolution clerks, postal clerks, assistant enrolling and
assistant engrossing clerks, one superintendent of heating
and ventilation for the Senate and one for the House, the
postmaster of the House and the postmaster of the Senate,
shall each receive as full compensation for their services
the sum of three dollars and fifty cents per day; all watch-
men, mail-carriers, sweepers, janitors or other employes,
by whatever name, other than those hereinbefore specifically
named, excepting pages, shall each receive as full compensa-
tion for their services the sum of two dollars and fifty cents
per day, and all pages shall be allowed, as full compensation
for their services, the sum of one dollar and fifty cents per
day the allowance in every case to be only for the time
actually consumed in the work of the Senate or the House,
as the case may be. This act shall apply to the present or
future session of the General Assembly.
By comparison it will be readily observed that a very
considerable increase in the number of legislative employes
is provided for in the pending measure. The bill creates
the offices of Senate Reading Clerk, Senate and House
doorkeepers and assistant doorkeepers, Senate and House
assistant sergeants-at-arms, Senate and House postmasters,
Senate and House mail-carriers, etc., etc. Most of these
new offices are wholly unnecessary to the proper conduct of
legislative business. For instance, what possible need
can there be for the employment of a postmaster for either
of the houses? Or if a postmaster is desired as a luxury
or an ornament, what possible use can there be for a mail-
carrier? I am aware that both houses in recent legislatures
have been in the habit of appointing both postmasters and
carriers. This, however, is done without authority of law
and without any purpose to subserve the public interests.
The United States posLoffice at Jefferson City is distant
128 MESSAGES AND PROCLAMATIONS OF
about three blocks from the State capitol. These mail-
carriers, I am informed, are in the habit during the session
of the General Assembly of sauntering over occasionally
from the capitol to the postoffice, for the purpose of gather-
ing the mail belonging to the members of the House or
Senate, as the case may be, and returning with it to the
capitol, where it is delivered with proper circumspection
and ceremony to that other legislative dignitary known as
the postmaster, who occupies a few minutes of his valuable
time in distributing it in the boxes provided for that pur-
pose and belonging to the members of the body. Only
a small fraction of the time of these employes can possibly
be devoted to what are supposed to be their official duties.
There is absolutely no necessity for these places. They were
created without authority of law, evidently and solely for
the purpose of providing a job for importunate hangers-on.
This is an abuse which has grown already almost
into the proportions of a public scandal. The law now
provides for the appointment of necessary "committee
clerks and other clerks." The fact is that a large number
of unnecessary clerks are appointed at different sessions
of the Legislature. In many cases, committees that rarely
meet at all during the entire session have clerks appointed
to serve them. Committees are multiplied, the number
increased, seemingly for the sole purpose of giving oppor-
tunity to employ a clerk and pay him a salary for doing
absolutely nothing. Clerks have been appointed who drew
their salaries regularly, without even being in attendance
upon the legislature. Clerks have been appointed under
assumed names, and have been paid their salaries without
having performed any service therefor. Why Senators and
Representatives will do things of this kind surpasses the
power of plain people to understand, but none the less it
is done, and there is seemingly no way to prevent it. Twice
as many people are employed about the Legislature as arc
needed.
The existing statute provides, as I have said, for the
appointment by each house of all necessary "committee
GOVERNOR WILLIAM JOEL STONE 129
clerks and other clerks." I know that under the general
authority conferred by the language "and other clerks,"
a great many ridiculous and unnecessary appointments
have been made. The measure under consideration pro-
poses to sanction many of these outrages by giving to
future legislatures direct statutory authority and excuse
to repeat them. The bill authorizes not only "all com-
mittee clerks," but in addition thereto "docket clerks,
minute clerks, endorsing clerks, bill clerks, printing clerks,
calendar clerks, journal clerks, copying clerks, resolution
clerks, postal clerks," etc. The two houses are to be
furnished not only with postmasters and mail-carriers,
but with postal clerks also. I will venture to say that not
a day passes during the sessions of the Legislature that
as much mail does not come to either of the executive
officers of the State as comes to all the members combined
of either of the houses of the General Assembly, and yet all
these executive officers manage to get their own mail from
the postoffice, while it requires mail-carriers, postal clerks
and postmasters, specially appointed and paid for that
purpose, to serve the members of each house in conveying
their mail to and fro between the postoffice and the capitol,
and in its distribution. I protest against this sort of thing
as being the very essence of bad government, I cannot
consent to approve such a measure.
Respectfully,
WM. J. STONE,
Governor.
VETO RECORDED WITH THE SECRETARY
OF STATE
APEIL 21, 1893
From the Journal of the Senate, pp. 652-655
JEFFERSON CITY, April 21, 1893.
To the Secretary of State:
Sir I return herewith House bill No. 304, entitled "An
act to amend section 7079 and to repeal section 7080,
130 MESSAGES AND PROCLAMATIONS OF
chapter 116 of the Bevised Statutes of the State of Mis-
souri, relating to mortgages and deeds of trust."
This bill was received by me within the ten days next
preceding the adjournment of the General Assembly. . I
return the same without my approval, and, in compliance
with the provisions of the Constitution in such cases made,
I state briefly my objections to the measure.
The first section of the bill is an amendment to section
7079 of the Revised Statutes. The second section of the
bill repeals section 7080 of the Revised Statutes.
Section 7079 of the Revised Statutes provides that:
All real estate which may be sold by the trustees, or
anyone representing them in any deed of trust hereafter
made according to the terms of said deed, without the said
deed of trust having been first foreclosed according to
this section, and which shall be bought in at said sale by the
cestui que trust or his assignee, or by any other person for
them, or either of them, shall be subject to redemption by
the grantor in said deed, or his executors, administrators
or assigns, at any time within one year from the date of
said sale, on payment of the debt and interest accrued
by said deed of trust, and all legal charges and costs in-
curred in making said sale up to the time of redemption;
and at such sale the purchaser shall receive a certificate of
purchase, setting forth the property sold and the amount of
purchase money received, which certificate shall be delivered
to the trustee, upon the application for a deed, at the expira-
tion of twelve months.
Section 7080 of the Revised Statutes is as follows:
No party shall have the benefits of the preceding sec-
tion until he shall have given security to the satisfaction
of the circuit court for the payment of the interest to
accrue after the sale, and for all damages and waste that
may be occasioned or permitted by the party whose property
is sold. In case the circuit court is not in session, such secur-
ity may be taken by the clerk of said court.
That section the bill proposes to repeal
GOVERNOR WILLIAM JOEL STONE 131
The provisions of section 7079, above quoted, the
bill proposes to strike out and in lieu thereof to insert the
following :
Deeds of trust in the nature of mortgages may, at the
option of cestui que trust, their executors or administrators
or assigns, be foreclosed by them and the property sold
in the same manner in all respects as in case of mortgages;
and all real estate which may be sold under any deed of
trust, mortgage or other similar instrument, given as
security for debt, according to the terms thereof, without
foreclosure in court, shall be subject to redemption by the
grantor in such instrument, his executors, administrators
or other persons claiming under him, within one year from
the date of such sale, upon payment of the debt and interest
secured by such instrument, and all legal charges and costs
incurred in making such sale, and all necessary expenses
incurred in preserving said property up to the time of
redemption, including any taxes which may have been
paid, and interest on all moneys paid, after deducting any
net income from such real estate received by the purchaser
or those claiming under him: Provided, that there shall
be no right to redeem as above provided, in any case where
the owner of the equity of redemption after such sale,
wrongfully, and for 30 days after demand, in writing, with-
holds possession from the purchaser or those claiming
under him; and in all cases where real estate is sold without
foreclosure in court, such sale shall operate as an absolute
discharge of such debt.
Under the provisions of the existing law, in all cases
where real estate is sold by the trustees under powers
conferred by deeds of trust and is bought in at the sale by
the cestui que trust or his assignee, or any person for him,
it is subject to redemption by the grantor, his executors,
administrators or assigns, at any time within one year from
the date of the sale, on the payment of the debt and in-
terest secured by the deed of trust, and all charges iucident
to making the sale.
132 MESSAGES AND PROCLAMATIONS OF
The bill under consideration proposes that when real
estate is sold by the trustee without foreclosure in court,
it shall be subject to redemption by the grantor or his
executors, administrators or assigns, at any time within
one year from the date of the sale, upon the payment of
the debt, interest, costs, taxes and expenses incurred in
preserving the property up to the time of redemption,
deducting therefrom any net income received during the
year from the property by the purchaser.
So far the provisions of section 7079, Revised Statutes,
and the provisions of the bill are substantially the same.
But the bill contains these further provisions: (1) That
there shall be no right of redemption in any case where the
mortgagor or owner of the equity wrongfully withholds
possession from the purchaser for thirty days after demand
in writing; and (2) that whenever real estate is sold by
the trustee, without foreclosure in court, the sale shall
operate as an absolute discharge of the debt secured.
The first of these proposed changes is in favor of the
creditor, in that the right of redemption is destroyed if
possession of the property is withheld by the debtor for
thirty days after sale and demand for possession. The
second of the proposed changes is in favor of the debtor,
in that it provides that where the property is sold by the
trustees without foreclosure in court, it shall operate as
a complete satisfaction of the debt.
If this bill should become a law it would not affect or
operate upon existing deeds of trust. The remedy sub-
sisting when a contract is made is a part of the obligation,
and it cannot be so impaired as to lessen the value of the
contract. The deeds of trust already outstanding as a
rule authorize the sale of the property covered by them on
breach of the conditions of the deeds. Under the law as
it now stands, a creditor, in case of sale, is required to credit
his debt by the net amount of the purchase money received
from the sale. I think a statute now passed subsequent to
the date of an existing deed providing that in case a sale
be made under the terms of the contract and by virtue of
GOVERNOR WILLIAM JOEL STONE 133
its powers, it shall operate to satisfy and extinguish the
debt, without regard to the amount actually bid or received
as the proceeds of the sale, would be violative of the Con-
stitution, if it were sought to apply its provisions to such
existing deeds. Hence, if this bill should be approved and
placed upon the statute books, it would apply only to deeds of
trust and contracts executed after it went into effect.
What would be its effect on the enforcement of future
contracts? Two ways are provided in the bill for fore-
closing deeds of trust: (1) By foreclosing in court. (2) By
a sale made by the trustee under the powers conferred upon
him by the deed. In case of foreclosure in court no right
of redemption is given, and in such case the sale does not
operate to satisfy the debt, but the creditor will be re-
quired only to credit his claim by the amount actually
received from the sale. The result then would be that
substantially all deeds of trust would be foreclosed in court.
What good would that do the debtor? It would operate to
delay the sale until the foreclosure proceedings could be
brought to a conclusion. Ordinarily it would require
from eight to twelve months to secure a judgment of fore-
closure and sale under execution. By foreclosure, there-
fore, it would require from eight to twelve months longer
time to effect a sale of the property than would be required
if the sale should be made by the trustee. So far as I
can see, this delay constitutes the only benefit that could
accrue to the debtor under the provisions of the bill. But,
on the other hand, he would lose all right of redemption
whatever, and all the largely increased costs of the fore-
closure proceeding would fall upon him.
If this bill should become a law, future deeds of trust
would no doubt invariably contain a provision to the effect
that in case of foreclosure attorneys' fees should be taxed
as costs in the case and charged against the debtor and made
a lien on his property. Any possible good that might come
to the debtor is therefore offset, if not more than offset,
by the hardships that would accrue to him as the result of
foreclosure.
134 MESSAGES AND PROCLAMATIONS OF
Where money is loaned and secured by a mortgage on
real estate, the encumbrance can only be released by the
payment of the debt. If the market value of the property
mortgaged is in excess of the debt secured, there will rarely
be any occasion for foreclosure, since when the debt matures
new loans can, generally speaking, be readily negotiated.
Under the present law, where sales are made by trustees and
the property is purchased by cestui que trust, or on his
account, the mortgagor has a year within which to redeem,
provided he executes a bond, to be approved by the circuit
court or clerk, that he will pay the debt and costs within
that period. Now, if the property sold has a market value
equal to or in excess of the amount secured, there is no
reason why the debtor cannot execute such a bond or
negotiate a new loan to meet the expiring one.
Taken all in all, it seems to me that the provisions of
the bill would not substantially better the condition of
mortgaged debtors. On the other hand, it would tend, in
many instances unnecessarily, to harass and annoy creditors.
I assume that in cases where the mortgaged property in
value largely exceeds the debt secured, and the debtor
fails to renew or replace the loan, the creditor might direct
the property to be sold by the trustee. In such cases the
creditor, becoming the purchaser, would be entitled to
possession within thirty days, and if possession should not
be given accordingly the debtor would lose all right to
redeem. But there are many instances where the mortgaged
property is not sufficient to cover the debt secured, and
often in such cases other personal or collateral security is
taken. Now, in cases of this character, the creditor would
be compelled to foreclose in court, thereby being delayed
and sometimes endangered in the collection of his debt,
and the debtor and his securities be burdened with attor-
neys' fees and other costs incident to foreclosure.
Aside from all considerations of this character, how-
ever, I seriously doubt whether laws of this description tlo
not ultimate in more harm tl^an good. Unfortunately our
western people are borrowers. The mortgage indebtedness
GOVERNOR WILLIAM JOEL STONE 135
of the western states is very large, though it is less in Mis-
souri than in most of the surrounding states. It is also
true that we are compelled in a very large measure to obtain
money owned by people residing outside of the State,
chiefly in the northeastern states. This strikes me as an
abnormal condition of things; but so it is, whatever the
cause may be, and as to that it is not proper here to inquire.
These mortgages that we owe are maturing now, month
after month and day after day. Many of them are being
paid off, but very many of them it is necessary to renew.
Interest rates in Missouri are constantly decreasing, not
rapidly, but the tendency is certainly downward. The
enactment of measures such as the one under consideration
must tend inevitably to increase the interest rate and the
difficulty of making loans.
Instead of making the path easier to the debtor class
I fear such measures would tend to multiply their diffi-
culties. And as to those who are not in debt already I
see no reason for increasing their burdens or lessening
their opportunities of borrowing money whenever they need
to do so in the conduct of their business. Merchants,
grain producers and dealers, those who feed and ship live-
stock, and others who have constant occasion to make
loans on comparatively short time, would find real estate a
less desirable security to offer to the banks, and those
who wished to borrow outside capital on longer time would
meet with the same difficulty, finding the borrowing capacity
of their property decreased and the interest rate for money
increased. Missouri has attained a high rank among the
commonwealths of the Union. The credit of the State,
counties and municipalities, and the credit of the people
themselves, has risen from year to year until today it is
unexcelled; Many hardships unhappily occur which fall
heavily upon debtors, but that would happen under almost
any system of laws. Our western people have a grossly
inadequate supply of money, but Missouri and Missourians
have a splendid credit. We ought to have a larger volume
of circulation in this State and throughout the west, but we
136 MESSAGES AND PROCLAMATIONS OF
should be slow to enact laws that tend to exclude capital
or to impair our credit.
I believe the best interests of the State will be sub-
served by withholding my approval of this bill.
Respectfully,
WM. J. STONE,
Governor.
TO THE SENATE
JANUARY 24, 1895
From the Journal of the Senate, p. 116
STATE OF MISSOUEI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON,
January 24, 1895.
To the President of the Senate:
I have the honor to return, without my approval,
Senate joint and concurrent resolution authorizing and
instructing the Secretary of State to forward to the Clerk
of the Circuit Court of DeKalb county, Mo., the notarial
bond of Isom F. Atterberry, approved March 21, 1892.
Respectfully,
WM. J. STONE,
Governor.
TO THE HOUSE OF REPRESENTATIVES
MARCH 2, 1895
From the Journal of the House oj Representatives, pp. 768-769
STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF
March 2, 1895.
To the Speaker of the House of Representatives:
I have the honor herewith to return House bill No,
230, entitled
GOVERNOR WILLIAM JOEL STONE 137
"An act to encourage the breeding of and improvement
in trotting, running and pacing horses in the State of Mis-
souri."
My objection to this bill is that it does not comply
with section 28, article 4, of the State Constitution, which
provides that:
"No bill * * * shall contain more than one subject,
which shall be clearly expressed in its title."
This provision has been construed by the Supreme
Court to be mandatory, and not simply directory. The
purpose of the act, as expressed in the title, is to encourage
the breeding of and improvement in horses.
The first section of the bill declares that it shall be a
crime for any person to enter any horse, under a false
name or in a wrong class, to compete for any prize or
premium in a contest of speed.
The second section prescribes the penalty at imprison-
ment in the penitentiary or jail, or by a fine.
The third section provides that for the purposes of the
act the name of any horse entered for a race shall be the
name under which the horse has previously performed,
etc.
The fourth section provides that the records and books
of racing and fair associations shall be admitted as evidence
in cases brought under the act. That is the entire bill.
I do not think the subject of the act is clearly expressed
in the title. If the General Assembly concurs in this view,
and still desires to have the bill enacted, it can yet be done
during the present session.
Respectfully,
WM. J. STONE,
Governor.
138 MESSAGES AND PROCLAMATIONS OF
TO THE HOUSE OF REPRESENTATIVES
MARCH 11, 1895
From the Journal of the House of Representatives, pp. 936-987
To the Speaker of the House of Representatives:
I have the honor to herewith return, without my ap-
proval, House bill No. 423, entitled "An act in relation to
the construction and operation of street railway tracks
across railroad tracks, and the stringing of wires over rail-
road tracks, and the maintenance of street railway tracks
heretofore constructed, and wires heretofore strung."
1. I greatly doubt whether the title of the bill com-
plies with the constitutional provision that "no bill shall
contain more than one subject, which shall be clearly ex-
pressed in its title."
2. I think section three of the bill unwise. Sections
one, two and four have my approval, but I regard the pro-
visions of section three as announcing a remarkable if
not dangerous proposition. As shown by the title of bill,
its provisions are intended to affect not only lines of street
railway hereafter to be constructed, but those already con-
structed and in operation. Section three provides that it
shall be unlawful for a railroad company to permit a street
railway company to construct, maintain or operate a trolley
wire or electric wire across its track at a height of less than
22 feet above the top of the rail of the railroad company, or
without the trolley wire being provided with fenders,
etc. The section does not say that it shall be unlawful for
a railroad company to consent, but unlawful to permit
a street railway company to construct or operate its tracks
or wires contrary to the provisions of the bill. The bill
then provides that if a street railway company shall re-
fuse to conform its tracks and wires to the provisions of
the bill, the railroad company shall have the right, and it
shall be its duty, to remove the tracks, wires, etc., of the
GOVERNOR WILLIAM JOEL STONE 139
street railway company from over and across the tracks of
the railroad company; and section four provides that if
any railroad company shall violate any of the provisions
of the bill, it shall be subject to the penalty of one hundred
dollars per day for each and every day of such violation.
By the provisions of this measure the railroad com-
pany is made judge, jury and executioner. It is given
authority to cut wires and tear up tracks, and thus destroy
or injure the property of other citizens without the inter-
vention of any public authority, or without asking leave of
any person whatever. Unquestionably, trolley wires should
be strung sufficiently high and be sufficiently guarded to
protect the property of railroads or the lives of their em-
ployes from danger, and a law fixing penalties for a failure
to do so would be well-timed. But I do not think it safe,
even if constitutional, to clothe one private person or corpora-
tion with such arbitrary power over the rights and property
of any other person or corporation as the third section of
this bill undertakes to confer.
[Wn. J. STONE.]
TO THE HOUSE OF REPRESENTATIVES
MARCH 11, 1895
From the Journal of the House of Representatives, p 937
To the Speaker of the House of Representatives:
I have the honor to return, without my approval,
House bill No. 195, entitled "An act to prohibit the deten-
tion of persons alleged to be insane without previous author-
ity therefor, and to prescribe punishment for the viola-
tion of this act."
My objection to this bill refers principally to the second
section. That section provides that every person, as-
sociation of persons, corporation or institution who (or
which) shall detain or imprison any person without being
140 MESSAGES AND PROCLAMATIONS OF
thereto authorized under and by virtue of an order from
the county court of the county or the board of health of
the city in which such person is to be detained, imprisoned
or deprived of liberty for alleged insanity, shall be guilty
of a felony and subject to certain severe penalties.
The general purpose of the bill is praiseworthy. It
was framed evidently with the object of preventing the
imprisonment of any person under the claim or pretense of
insanity, without due process of law. But the bill is in-
artificially constructed. Under the provisions of section 2,
it would be unlawful to detain any person in an asylum
without an order from the county court of the county or
board of health of the city in which the asylum is located;
or, in the language of the bill, without an order from the
county court of the county or board of health of the city
"in which such person is to be detained, imprisoned or de-
prived of his or her liberty."
I presume such a construction is not in accordance
with the intention of the bill, but it seems to me that under
the letter of the bill no person could be detained at an in-
stitution for the insane, without an order from the county
court of the county or board of health of the city in which
the institution should be located. Such a measure would
involve the law of the State relating to institutions of this
character in the greatest confusion, and would be altogether
impracticable. If the bill provided, as was no doubt in-
tended, that no person should be confined in an institution
for the insane without an order from the county court of
the county or board of health of the city in which such
person resided or from which he should be sent, it would
be in harmony with the present law relating to asylums,
and therefore unobjectionable. But such is not the case.
I think the bill ought not to become a law in its present
form.
[WM. J. STONE.]
GOVERNOR WILLIAM JOEL STONSE 141
TO THE SENATE
MARCH 22, 1895
From the Journal of the Senate, pp. 814-815
STATE OF MISSOURI, EXECUTIVE DEPARTMENT, JEFFERSON CITY,
March. 22, 1895.
To the President of the Senate:
I have the honor herewith to return to the Senate,
without my approval Senate bill No. 217, entitled
An act to preserve the purity of the navigable waters
of this State.
This bill provides that it shall be unlawful for any
municipal corporation of this State to dispose of garbage,
dead animals, etc., by placing the same in the navigable
waters of the State, and provides that all ordinances of
any city which authorize any such thing to be done are
repealed: Provided, that nothing in the act should be
construed to interfere with or apply to the sewers of any
municipality. All persons violating the act are made
guilty of a misdemeanor, punishable by fine and imprison-
ment.
Only three cities in the State are affected by the pro-
posed measure, as there are but three that make provision
by ordinance and contract for the collection and disposition
of garbage. Of these cities St. Louis is the most important.
That city already has cremating establishments at which
the garbage of the city is collected and burned under con-
tracts made in pursuance of ordinance. The garbage of
that city is not thrown into the river, but is cremated.
Therefore, although the law would apply to St. Louis, it
would not necessitate any change in the method of handling
garbage now in vogue in that city. At Kansas City and
St. Joseph, it is different; they have no crematories or
reduction works. A large part of the garbage, so called,
collected in those cities is discharged in the Missouri river.
142 MESSAGES AND PROCLAMATIONS OF
I am informed by the mayor and health officers of Kansas
City that dead animals are not thrown into the river at
that place, but are taken to desiccating or rendering es-
tablishments and there disposed of. I am told that a
similar practice prevails at St. Joseph. If this bill should
become a law, its effect would be to compel Kansas City
and St. Joseph to establish crematories for the consumption
of garbage. This would necessitate a large outlay of public
money. Ought it to be done at this time, and on such brief
notice? The good resulting from the law would be to
prevent the throwing of garbage into the river. The
garbage consists chiefly of refuse matter taken from the
kitchen. It would be far better, of course, to have this
refuse matter cremated than to have it thrown into the
river. But when we reflect that all the sewerage of the
cities is discharged into the river, it is manifest that the
bulk of the matter which defiles the water would still find
its way into the river. If this bill should become a law,
it would keep out the garbage only, which is far less hurtful
than the sewerage, and which constitutes but a small part
of the unhealthful matter discharged into the river when
compared to the larger volume transmitted through the
sewers. The Missouri river is the only navigable river of
the State which would be materially affected by the bill,
and, as already stated, St. Joseph and Kansas City on the
banks of that river, would be the only cities immediately
affected by it. I am informed there is no town in Mis-
souri between St. Joseph and Kansas City which obtains
its water supply from the river. There is no Missouri
town above St. Joseph that would be affected by the bill.
Atchison, Leaven worth and Kansas City, Kas. ? are situated
on the bank of the river only a few miles above Kansas
City, Mo. Those cities would not, of course, be amenable
to any law of this State. In view of these facts, I do not
see how either St. Joseph or Kansas City would be benefited
by this bill. Independence, Lexington, Boonville, Jeffer-
son City, Washington and St. Charles are the towns below
Kansas City which obtain their water supply from the
GOVERNOR WILLIAM JOEL STONE 143
Missouri river. Independence is the only one of these
towns near enough to Kansas City to be much endangered
by the discharge of injurious matter into the water; but
that danger, whatever it may be, is greater from the sewerage
than the garbage. The other towns are far enough below
Kansas City to be practically free from danger, I am
advised by the officials of Kansas City that the finances of
the municipality are in such condition that it would greatly
embarrass the city if it should be required at this time to
expend a considerable sum in the erection of crematories.
In view of the facts I have here suggested, I think it
best to withhold my approval of this bill, and to again sub-
mit the matter to the thoughtful consideration of the Gen-
eral Assembly. The time will come, no doubt, when it
will be necessary for the preservation of the public health
to prevent the emptying of either sewerage or garbage
into the waters of the State, but I do not believe that the
conditions now existing make it necessary to enact a law
like the one now under consideration.
Respectfully,
WM. J. STONE,
Governor.
TO THE HOUSE OF REPRESENTATIVES
MAECH 23, 1895
From the Journal of the House of Representatives, pp. 1249-1250
To the Speaker of the House of Representatives:
I have the honor herewith to return, without my ap-
proval, House bill No. 445, entitled "An act to regulate the
practice of the science of healing diseases and injuries without
the use of drugs, known as osteopathy."
This bill provides that it shall be unlawful for any per-
son in this State to practice the science of healing diseases
and injuries without the use of drugs, known as osteopathy,
without having first received a diploma from a legally
144 MESSAGES AND PROCLAMATIONS OF
chartered or established school of osteopathy, and being
duly registered as a practitioner by the clerk of the county
court of the county in which he or she may reside. It
further provides that any person who receives a diploma
from such a school may present the same to the county
clerk of the county of his or her residence, and upon making
proof before the clerk that the diploma is genuine that is,
was issued by such a school and that he or she is a per-
son of good character, shall be registered, and shall thereafter
be authorized to practice the science of healing of diseases
and injuries without the use of drugs, known as osteopathy,
in the State of Missouri. It also provides that if any such
registered practitioner shall attempt to treat any patient
while in a state of intoxication or under the influence of
opiates, his license may be revoked. It also provides that
nothing in this act shall be construed to interfere with the
rights of legally registered physicians and surgeons to
practice medicine and surgery, as taught by recognized
medical schools under existing laws, or to confer any right
upon any person graduating from a school of osteopathy to
practice medicine or surgery by the use of drugs, or to
perform any surgical operation requiring the use of surgical
instruments. A violation of the law is made a penal offense,
punishable by a fine of not less than fifty nor more than
two hundred dollars. That is the bill, as presented to me.
Medicine and surgery are sciences. A judicious or
successful practice of them requires a good general educa-
tion, and a thorough knowledge of anatomy, chemistry,
physiology, the obstetric art, the use of surgical instruments,
and the like. The world has been greatly imposed upon by
ignorant physicians, as well as by empirics and charlatans
who play upon the fears and credulity of suffering human-
ity. The enlightened and learned men of the profession
those who despise deception and accept as true only those
things that are demonstrated before the world have labored
assiduously for years to elevate the profession, and to ex-
clude from its ranks those who do not possess the knowledge
necessary to qualify them to deal intelligently with matters
GOVERNOR WILLIAM JOEL STONE 145
directly affecting human life. By the force of public
opinion and legal enactment, much has been accomplished
in this direction. The law is undoubtedly imperfect. I
think it safe to say that men are today licensed to practice
medicine who are not qualified to properly discharge the
delicate and important duties imposed upon a physician.
This of course should be corrected. We now have a statute
which forbids any itinerant vender of any drug, nostrum,
ointment or appliance of any kind, intended for the treat-
ment of disease or injury, to use the same in the treatment
of diseases, whether by prescription, manipulation or other
expedient, without paying a heavy license, which is prac-
tically prohibitory, and subjecting him to heavy penalties
for a violation thereof. The effect of this bill would be to
practically repeal that statute. Any person licensed to
practice osteopathy, whatever that may be, could, any-
where in the State, treat any disease, injury or deformity
by appliance, manipulation or process not requiring the
use of drugs or surgical instruments, and call it the practice
of the science of osteopathy. Who would know whether
he was practicing osteopathy or practicing something
else?
Osteopathy, whether called a science, an art, or by
some other name, is a secret. Only those initiated into its
mysteries know what it is, or would know whether any per-
son professing to practice it was acting in good faith or other-
wise. Under this bill any licentiate would be authorized
to establish a school of osteopathy and to issue diplomas.
What would prevent the filling of the State with people
practicing any secret art, under the pretense of osteopathy
and under the protection of their diplomas? The bill does
not require any course of instruction in anatomy or physi-
ology, or the knowledge of any science, or knowledge of
anything, except osteopathy. Osteopathy consists of some
description of manipulation of the human body or some
part of it. I am informed by gentlemen of the General
Assembly and others, who profess from personal observa-
tion and experience, and from conversation with those
146 MESSAGES AND PROCLAMATIONS OF
practicing the art, to know whereof they speak, that it is
claimed by the promoters and practitioners of osteopathy
that the greater number of human diseases are occasioned
by the displacement of some muscle or bone, or some un-
natural pressure upon a nerve; and that some method has
been invented or some discovery made whereby the exact
point of displacement or pressure causing disease can be
located; and that the cause can be removed by a process of
manipulation. How all this can be done is a secret. This
secret is called the science of osteopathy.
The treatment of many kinds and phases of human
diseases by the art of manipulation is not a new thing. It
has been practiced with more or less success for many years.
I have known people who have received great benefit from
what is termed the massage treatment. This treatment is
practiced at nearly all bathing places, and is not unfre-
quently prescribed by physicians. It certainly can not
be contended that the manipulators who administer the
massage treatment in connection with water or Turkish
baths should be required to have a diploma or a license.
The principle of giving statutory recognition of, and sanc-
tion to, a secret process of treating human ills, does not
receive my approval. I do not believe any such thing
should be designated in the law as a science, or that any
mysterious contrivance or practice should be recognized
by legislative indorsement. With all due respect, I call
attention to the fact that Senators and members have voted
to authorize the establishment of schools of osteopathy to
empower them to issue diplomas, to regulate the registering
of licentiates, and to forbid any person, under penalty,
to practice the science or art, or whatever it may be, without
a diploma from such a school, without knowing or being
able to know what osteopathy is. It is a secret.
I am told that many people have received great benefits
by submitting themselves to these manipulations. I have
no reason to doubt that. But if that be a good reason for
statutory recognition of osteopathy, the same reason would
obtain with equal force if applied to Christian science,
GOVERNOR WILLIAM JOEL STONE 147
mesmerism, and other secret practices. We have all heard
how the sick have been cured, the lame made to walk and
the blind to see, by those who practice Christian science,
mesmerism, etc. I knew an excellent lady in Kansas City
who had been sick for many months, was wasted by linger-
ing disease, and almost bereft of hope, who was induced to
submit herself to the treatment of a Christian scientist.
In an incredibly short time she was restored to health. A
Senator in Congress related in my presence the experiences
of his wife, who had been almost helpless for several years.
She was induced to try Christian science. In two or three
months she was seemingly a sound woman. Only recently
a young lady at Sedalia, who had been lame for months,
was suddenly restored by some mysterious operation of
mesmerism.
But what is Christian science, and what the art by
which the mesmerist can command the lame to take up
their beds and walk? Shall the State give legal recognition
to all these things before they are explained, and while
their practices are still enveloped in mystery? I believe
it would be unwise legislation, and that it would open a
door which an enlightened public opinion has closed to
prevent imposition. I withhold my approval from this
measure with regret, because its enactment into law is so
much desired by many good people whom I would be
pleased to gratify; but my judgment is so pronounced
against it that I feel constrained to return it without my
approval to the General Assembly, for its further considera-
tion.
Respectfully,
WM. J. STONE,
Governor.
148 MESSAGES AND PROCLAMATIONS OF
VETO RECORDED WITH THE SECRETARY
OF STATE
MARCH 26, 1895
From the Journal of the Senate, pp. 838-84-0
JEFFEHSON CITY, March 26, 1895.
To the Secretary of State:
Sir I have the honor herewith to transmit to you
House bill No. 768, entitled
An act to appropriate money to pay the deficiencies
in the expenses of the State government for the years
1893 and 1894.
Which reached me within the ten days next before the
adjournment of the General Assembly.
The bill is approved, except the fourteenth item thereof,
which is an appropriation of $135 for services and expenses
of V. M. Hines as chairman of the Visiting Committee in
1892, and of $50 to Samuel P. Davisson for services as a
member of said Visiting Committee the total of the item
being one hundred and eighty-five ($185) dollars. To
this item of appropriation in the bill I object and withhold
my approval. I object to this item for the following reasons :
1. It purports to be for a deficiency, when in fact
there was no deficiency at the date of the passage of the
bill. The Thirty-seventh General Assembly made an
appropriation to pay the expenses of the committee ap-
pointed to visit State institutions, of which Messrs. Hines
and Davisson were members under the appointment of
Governor Francis. That appropriation was available from
the date of the approval of the act making it, March 23,
1893, until March 23, 1895.
2. Under the law, it is made the duty of the Governor
to appoint a visiting committee on the first of December
following each general election, to be composed of one
Senator and two members of the House, It is the duty of
GOVERNOR WILLIAM JOEL STONE 149
the committee to inspect the various institutions of the
State, and to report the result of their investigation to the
General Assembly, within ten days after the meeting thereof,
in the following January. In this instance, the committee
did not make their report until between fifty and sixty
days alter the assembling of the Legislature. The ques-
tion then arose, and was discussed between two members
of the committee and myself, as to the time for which they
are entitled to draw pay for their services thereon. The
law allows the members of the committee five dollars per
day and expenses while engaged in the discharge of their
duties. It is the duty of the chairman, or acting chairman,
of the committee, to certify the accounts for per diem and
expenses, to the Governor, who, after examining the same,
is required to certify them to the Auditor for payment, if
found to be correct. In my view of the law, I held at that
time that the members of the committee were not entitled
to receive pay beyond the first ten days ot the session, and
then only in the event that that time was actually occupied
in the necessary performance of their duties as committee-
men.
On March 1, 1893, Senator Hines, as chairman of the
committee, certified the accounts for per diem and expenses
of the members of the committee from the date of their
appointment on December 1, 1892, to the meeting of the
General Assembly, on January 4, 1893, a period of thirty-
five days. Those accounts I certified to the Auditor and
they were paid. Subsequently Mr. Fogle, the representative
from Schuyler county and a member of the committee,
presented an account for per diem for the first ten days of
the session, to wit, from January 4 to January 14, and also
for certain expenses incurred in visiting institutions at
Fulton, which account was properly certified by the chair-
man of the committee. That account was also approved
by me and duly paid. Mr. Hines never at any time pre-
sented an account to me as required by law, for the ten
days of service rendered, if any was rendered, immediately
following the convening of the General Assembly. Some
150 MESSAGES AND PROCLAMATIONS OF
time in January last, during the late session of the 38th
General Assembly, Mr. Davisson, who is now a Senator,
presented an account to me for $70, being per diem and
expenses for the first ten days of the session of 1893. I
had understood that he was not in Jefferson City during
those ten days, but was confined at home by sickness. I
said to him that I could not certify the account for pay-
ment unless Mr. Hines, the chairman of the committee,
would certify the same to me as correct. He afterward
sent the account to Senator Hines at his home, and, sub-
sequently presented the same to me the second time. 1
again examined the account and returned the same to
Senator Davisson with the following letter:
State of Missouri, Executive Department,
Jefferson City, Mo., February 8, 1895.
Hon. S. P. Davisson, Jefferson City, Mo.:
Dear Sir I have examined the account you submit
for my approval. This account is for services rendered and
expenses incurred by you as a member of the committee
appointed by Governor Francis in 1892 to visit and inspect
state institutions.
On March 1, 1893, an account for your per diem, ex-
penses, etc., was submitted to me and approved. That
account was for 35 days, to wit, from December 1, 1892,
to January 4, 1893, inclusive, at $5 per day, amounting to
$175. The sum of $112.10 was also stated in said account
for expenses. That account, aggregating $287.10, was
approved and paid in March, 1893.
The account now presented is for 10 days' services,
to wit, from January 4 to 14, 1893, being the first ten days
of the session of the 37th General Assembly, at $5 per day,
amounting to $50, and also for 10 days' board at $2 per
day, amounting to $20 making a total of $70, The
law requires that these accounts shall be submitted to the
chairman of the committee, who shall certify to their
accuracy, and thereupon they shall be submitted to the
Governor for his approval. I think you are entitled to
GOVERNOR WILLIAM JOEL STONE 151
receive per diem and expenses for the first 10 days of the
session, provided the service was actually rendered and the
expense actually incurred. As to whether the service was
rendered or expense incurred, the Governor can be in-
formed only by the certificate of the chairman of the com-
mittee. The certificate of the chairman attached to your
account already allowed, like that attached to the accounts
of the other members of the committee, is in these words:
I hereby certify that I have examined the above ac-
count, and find it correct.
March 1, 1893. V. M. HINES, Chairman.
The certificate attached to the account now under
consideration is in these words:
I hereby certify that S. P. Davisson was a member of
the committee above mentioned during the time charged
for in this account.
V. M. HINES, Chairman.
He does not certify that any service was rendered by
you for the period claimed, or that any expense was in-
curred: he does not certify that the account is correct, but
simply that you were a member of the committee. As I
recall the matter, you were not in fact present with the
committee during the ten days claimed for, but on the
contrary you were sick at home. If, as a matter of fact,
you were not engaged in the work of the committee during
those ten days, I do not see upon what theory your claim
for per diem, and especially your claim for a board account
at the rate of $2.00 per day, can be allowed. Of course, I
may be mistaken as to the facts. If the service was ren-
dered or the expense incurred, you should be paid; but I
respectfully suggest that the chairman of the committee
should in this instance, as he did on the other accounts,
certify that he has examined the items of the account and
that they are correct. During the first ten days of the
session you drew your per diem as a member of the Legis-
lature. If you were unable to attend to your extra duties
as a member of the committee, and did not go away from
152 MESSAGES AND PROCLAMATIONS OF
Jefferson City in the discharge of the duties of that com-
mittee, how can a claim for board be maintained?
I beg you to believe that I desire to treat your claim
with the utmost fairness, and it is disagreeable to be obliged
to withhold my approval of the account presented; but I
do not see how I can justify myself in approving it without a
proper certificate from the chairman, or without some satis-
factory information as to the real facts in the case. I have
no doubt if you should return the account to Senator Hines,
he would make the necessary certificate if the facts would
warrant him in so doing.
I herewith return the account.
Respectfully,
WM. J. STONE,
Governor.
Now, with money already appropriated and lying in
the treasury available to pay these accounts, if they were
fairly due, I am at a loss to understand why the require-
ments of the law should be entirely ignored, and a new and
special appropriation be made at this time and tacked on
to the deficiency bill with which to pay them. The amounts
involved are not large, and the gentlemen in whose behalf
the appropriation is made are distinguished citizens one
has been, and the other is, a Senator in the General Assembly.
1 confess a natural reluctance to withhold my approval of
the appropriation, but it is an example that ought not to
be set. I do not even know that Senator Hines claims
that any sum is due him for services as a member of that
visiting committee. If he does so claim, I do not under-
stand why he permitted two years to pass without filing the
claim for payment in the usual course of administration.
If Senator Davisson rendered the services for which he
claims, then I do not understand why the chairman of the
committee should decline to certify that the items of his
account are correct as required by law.
Respectfully,
WM. J. STONE,
Governor.
GOVERNOR WILLIAM JOEL STONE 153
VETO RECORDED WITH THE SECRETARY
OF STATE
APEIL 1, 1895
From the Journal of the Senate, p. 855
JEFFERSON CITY, April 1, 1895.
To the Secretary of State:
Sir I have the honor to forward to you herewith,
without my approval,
House bill No. 533, entitled
An act to punish the falsely marking or stamping of the
karat on any article of merchandise, gold or solid gold, and
to prohibit the manufacture and sale thereof,
Which reached me within the ten days next before the
adjournment of the General Assembly.
The enrolled bill does not follow the text of the bill as
reported from the committee.
This measure, as presented to me, is utterly unintelli-
gible and meaningless, and for that reason I withhold my
approval.
Respectfully,
WM. J. STONE,
Governor.
VETO RECORDED WITH THE SECRETARY
OF STATE
APEIL 8, 1895
From the Journal of the Senate, p. 846
JEFFEKSON CITY, April 8, 1895.
To the Secretary of State:
Sir: I have the honor herewith to transmit to you
House bill No. 798, entitled
An act to appropriate money for the support of the
State government, the payment of contingent and incidental
154 MESSAGES AND PROCLAMATIONS OF
expenses of the State departments, the public printing, the
State pensioner, and for the payment of certain other de-
mands against the State for which no appropriation has
heretofore been made, for the years 1895 and 1896.
This act is approved, except as to section 35.
Section 35 appropriates four hundred dollars, or so
much thereof as may be necessary, for the redemption
of Union military bonds which may be presented for pay-
ment in 1895 and 1896. These bonds were authorized by
an act approved March 9, 1863, and subsequent supple-
mentary acts. They were, issued to pay the militia, or for
indemnity for expenses incurred in suppressing the rebellion.
They were issued in denominations of $1, $3, $5, $10 and
$20, and were made payable out of a special fund designated
as the "Union Military fund," to supply which certain
revenues were provided. The bonds were made payable
twelve months after date, and to bear 6 per cent interest.
The total amount authorized by the act approved March
9, 1863, was $3,000,000. By an act approved February 20,
1865, an additional issue of $2,000,000 was authorized,
and by an act approved December 20, 1865, a further
issue of $1,400,000 was authorized. The total amount of
these Union military bonds authorized and issued under the
acts referred to was $6,400,000.
By reference to the Auditor's report for the years
1883-4 it appears that between March 31, 1864, and March
24, 1883, $6,406,126 of these bonds were redeemed and
canceled. The Auditor's report also shows that on these
bonds the sum of $406,726.52 was paid as interest. Thus
it will be seen that the aggregate amount of Union military
bonds paid by the State up to the last date mentioned was
$6,126 greater than the amount issued. Since March 24,
1883, the Thirty-third, Thirty-fifth and Thirty-sixth General
Assemblies made appropriations to take up certain of these
bonds, as follows: In 1885, $153; in 1889, $272, and in
1891, $11 making a total of $436. It appears, therefore,
that $6562 more of these bonds have been paid than were
ever authorized to be issued. In view of this, I do not see
GOVERNOR WILLIAM JOEL STONE 155
upon what theory an appropriation should be made to pay
such additional bonds as might be presented during the next
two years. Evidently several thousand dollars of fraudu-
lent bonds have been already presented and paid. If it is
claimed that genuine bonds of this issue are still outstand-
ing, it would seem that ordinary prudence would require
that some investigation be made and such action taken as
will protect the State from imposition, before additional
appropriations are agreed to.
Respectfully,
WM. J. STONE,
Governor.
VETO RECORDED WITH THE SECRETARY
OF STATE
APRIL 8, 1895
From the Journal of the Senate, p. 856
JEFFERSON CITY, April 8, 1895.
To the Secretary of State:
Sir I have the honor to forward to you herewith,
without my approval indorsed thereon,
House bill No. 676, entitled
An act to provide for the payment of expenses of trial
of causes and changes of venue,
Which reached me within the ten days next before the
adjournment of the General Assembly.
I think this measure, if enacted into law, would result
in much confusion and would be difficult to observe in
practice. I cannot see that any good would result from it,
but it would lead to much confusion.
Respectfully,
WM. J. STONE,
Governor.
156 MESSAGES AND PROCLAMATIONS OF
VETO RECORDED WITH THE SECRETARY
OF STATE
APRIL 9, 1895
From the Journal of the Senate, p. 856
JEFFERSON CITY, April 9, 1895.
To the Secretary of State:
Sir I have the honor herewith to forward to you,
without my approval indorsed thereon, the following bills
which reached me within the ten days next before the
adjournment of the General Assembly:
House bill No. 781, entitled
An act concerning primary elections in cities now having
and hereafter having one hundred thousand inhabitants or
more.
Unquestionably the present primary law is very de-
fective, and should be materially amended; but in my judg-
ment the bill now before me is worse even than the present
law. If this measure should find a place upon the statute
books it would result in confiding party nominations almost
wholly to the local party committees. Past experience
should serve as a warning against a return to that system.
I feel confident that this bill ought not to become a law.
Senate bill No. 32, entitled
An act to amend section 1656, of chapter 30, article 5,
of the Revised Statutes of Missouri of 1889, entitled "Cities,
towns and villages."
In my judgment, this bill is in conflict with the Consti-
tution, and seeks to confer powers upon boards of alderman
that it would be unsafe to clothe such bodies with.
Respectfully,
WM. J. STONE,
Governor.
GOVERNOR WILLIAM JOEL STONE 157
VETO RECORDED WITH THE SECRETARY
OF STATE
APEIL 19, 1895
From the Journal of the Senate, pp. 856-857
JEFFERSON CITY, April 19, 1895.
To the Secretary of State:
Sir I have the honor to forward to you herewith,
without my approval indorsed thereon,
House bill No. 175, entitled
An act to amend section 7079, of chapter 116, and
section 7091, of chapter 116, of the Revised Statutes of the
State of Missouri, as amended by an act entitled an act to
amend section 7091, of chapter 116, of the Revised Statutes
of the State of Missouri, 1889, entitled "Mortgages and
deeds of trust," approved March 30, 1893, and to enact
a new section, to be known as section 7091 a, relating to
mortgages and deeds of trust, and providing for redemption
in cases of foreclosure, and to repeal section 7080 of said
chapter.
This bill reached me within the ten days next before
the adjournment of the General Assembly.
A bill almost identical with this passed the 37th General
Assembly. I then felt it my duty to withhold my approval.
And for the same reasons, which are fully stated in my mes-
sage to the Secretary of State of April 20, 1893, I withhold
my approval of the present measure.
Respectfully,
WM. J. STONE,
Governor.
158 MESSAGES AND PBOCLAMATIONS OF
VETO RECORDED WITH THE SECRETARY
OF STATE
APEIL 19, 1895
From the Journal of the Senate, pp. 857-858
JEFFEKSON CITY, April 19, 1895.
To the Secretary of State:
Sir I have the honor to forward to you herewith,
without my approval indorsed thereon, the following House
bills, which reached me within the ten days next before the
adjournment of the General Assembly:
House bill No. 323, entitled
An act entitled "An act to establish a court of criminal
correction in all counties in this State having a population
of 60,000 inhabitants and not over 100,000 inhabitants,
in which there now is or hereafter may be established a court
of exclusive criminal jurisdiction, and to divest justices of
the peace of jurisdiction in criminal cases in such counties,
and to define the powers and duties of such court of criminal
correction when the same is established."
House bill No. 462, entitled
An act to repeal sections 2, 3, 6, 7 and 12 of an act
entitled "An act to establish a criminal court in Buchanan
county, and to provide for the appointment and election
of the judge thereof, fixing his compensation, and to define
the powers and jurisdiction of said court," approved March
24, 1885, and to enact five new sections in lieu thereof.
Section 1 of House bill No. 323 provides for the estab-
lishment, in counties having a population of 60,000 and not
over 100,000 inhabitants, of a court of record, to be called
"The Court of Criminal Correction." The 17th section of
this bill provides that all jury trials in said court shall be by
a jury of six men, unless a less number be agreed upon.
The Constitution of the State provides that in courts of
record juries must consist of twleve men. Thus it will
be seen that in a most important particular the bill referred
GOVERNOR WILLIAM JOEL STONE 159
to is in conflict with the Constitution, and for that reason
alone my approval should be withheld. But there are other
reasons which seem to me to be conclusive why this bill,
No. 323, should not become a law. It would apply to
Buchanan county only. It provides that the judge of the
criminal court shall be ex officio judge of the court of crimi-
nal correction. The 4th section of the bill provides that the
court of criminal correction shall be in session each and
every day in the week except Sundays and State and national
holidays. At the sessions of this court the criminal judge
is required to preside. He is made a committing magis-
trate. If he could hold both courts at the same time, I
still believe it would be unwise to have the criminal judge
hear the evidence, bind a prisoner over to answer at the
criminal court, then instruct the grand jury, and afterward
preside at his trial on indictment. I believe the proposed
system of judicial administration would result in inextricable
confusion. If a court of criminal correction is really neces-
sary in Buchanan county, it is clear to me that it ought to
be entirely distinct from the criminal court, and subject to
its supervision.
If bill No. 323 fails to become a law, there is no occasion
for the passage of bill No. 462, as the latter is simply a
supplementary enactment to the former. Accordingly, I
withhold my approval of both.
Respectfully,
WM. J. STONE,
Governor.
VETO RECORDED WITH THE SECRETARY
OF STATE
APRIL 19, 1895
From the Journal of the Senate, p. 858
JEFFEKSON CITY, April 19, 1895.
To the Secretary of State:
Sir I have the honor to forward you herewith, without
my approval indorsed thereon,
160 MESSAGES AND PROCLAMATIONS OF
Senate bill No. 272, entitled
An act to create election districts for justices of the
peace and constables in the city of St. Louis, and to pro-
vide for the election and appointment of such justices and
constables, and to prescribe the qualification and jurisdiction
of such justices and constables, and to provide for the ad-
ministration of justice before such justices of the peace.
Which reached me within the ten days next before the
adjournment of the General Assembly.
In my opinion this act does not comply with sections
53 and 54, of article 4 of the Constitution of the State.
In addition to this objection, the bill fails to provide jus-
tices of the peace for a large part of the city. Almost the
entire delegation representing the city of St. Louis in both
houses have requested me to withhold my approval of the
bill.
Respectfully,
WM. J. STONE,
Governor.
VETO RECORDED WITH THE SECRETARY
OF STATE
APRIL 19, 1895
From the Journal of the Senate, pp. 858-869
JEFFERSON CITY, April 19, 1895.
To the Secretary of State:
Sir I have the honor to forward to you herewith,
without my approval indorsed thereon,
Senate bill No. 322, entitled
An act to amend chapter 47, article 8, of the Revised
Statutes of Missouri, 1889, entitled "Offenses against public
morals and decency," by adding a new section thereto, to be
known as section 3849a.
This bill provides that no person shall establish or carry
on any soap factory, candle factory, oil factory, etc., etc.,
GOVERNOR WILLIAM JOEL STONE 161
without first obtaining a permit from the county court, or,
in the City of St. Louis, from the mayor. The measure,
if it should become a law, would not only affect factories
hereafter established, but those already in operation. It is
no doubt true that establishments of the kind mentioned
are frequently offensive to the neighboring residents, but
the law for the suppression of nuisances is ample and com-
plete. It dees not seem a prudent thing to empower a single
executive officer to arbitrarily deny a license and thereby
make it an offense for the owners of such establishments
already in operation to continue their business. In many
of these enterprises large investments have been made. I
am unable to approve a proposition that might now result
in practically destroying these investments upon the mere
say-so of a single executive officer, without any right of
redress in the courts. If any establishment now existing
is a nuisance, it can be abated by a resort to the law. If the
bill referred only to factories to be hereafter established I
would approve it, but in its present form I feel that I ought
to withhold my signature.
Respectfully,
WM. J. STONE,
Governor.
VETO RECORDED WITH THE SECRETARY
OF STATE
APRIL 19, 1895
From the Journal of the Senate, p. 859
JEFFERSON CITY, April 19, 1895.
To the Secretary of State:
Sir I have the honor to forward to you herewith,
without my approval indorsed thereon,
Senate bill No. 405, entitled
162 MESSAGES AND PROCLAMATIONS OF
An act to amend section 3812, article 6, chapter 47,
of the Revised Statutes of Missouri, 1889, regulating the
location of bawdy houses,
Which reached me within the ten days next before the
adjournment of the General Assembly.
I am strongly inclined to doubt the constitutionality of
this measure. But aside from that,, there appear to me to
be abundant reasons founded in public policy why the bill
should not become a law. I state one proposition which
seems to me to be alone sufficient to prove the unwisdom of
the measure. The bill provides that the Board of Police
Commissioners may establish certain districts within which
the maintenance of a bawdy-house shall be only a misde-
meanor, and that the keeping of such a house outside said
districts shall be a felony. Although the statute making the
keeping of bawdy-houses a misdemeanor is not expressly
repealed, it does seem that when prostitutes are compelled
to reside within given boundaries, there is an implied agree-
ment that they will not be molested. I can not get my con-
sent to approve the bill
Respectfully,
WM. J. STONE,
Governor.
GOVERNOR WILLIAM JOEL STONE 163
SPECIAL MESSAGES
TO THE SENATE AND THE HOUSE OF
REPRESENTA TI VES
FEBEUABY 21, 1893
From the Appendix to the Journals of the General Assembly, 1893
STATE or MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON,
February 21, 1893.
To the Senate and House of Representatives of the Thirty-
seventh General Assembly:
I have the honor to transmit herewith preamble and
resolutions adopted by the World's Fair managers for Mis-
souri, relating to the disposition of the exhibits to be made
by this State at the "World's Columbian Exposition" at
Chicago during the present year, to which I respectfully
and urgently invite the attention of the General Assembly.
By reference to section 8 of the act of March 27, 1891, pro-
viding for the collection, arrangement and display of the
products of this State at said exposition, it will be observed
that it is provided, among other things, "that at the termi-
nation of the fair all mineral specimens, or peculiar speci-
mens of wood and engravings, be turned into the State
Bureau of Geology and become a part thereof, except such
engravings and other articles and specimens as may be
placed in the charge of said commissioner by private citi-
zens, and the proceeds of all property sold which was built
or made by reason of this appropriation shall be turned
into the State revenue."
It will be thus seen that at the close of the fair, mineral
specimens and peculiar specimens of wood and engravings
are to be turned into the Bureau of Geology for preservation
and safe-keeping, and that all other property belonging to
164 MESSAGES AND PROCLAMATIONS OF
the State shall be sold and the proceeds turned into the
revenue fund. That part of the exhibits required to be
turned over to the Bureau of Geology, while constituting an
important feature of the exhibition, will, in fact, be but a
comparatively small part of the whole. The greater part
of these exhibits, under the law as it now stands, would be
sold and the proceeds paid into the treasury. I regard this
as an unfortunate provision of the statute. The collection
the State will have at Chicago will be a large and valuable
one. Aside from that part required to be delivered to the
Bureau of Geology, there will be a specimen of every fish
known to our waters, of every bird to be found in the State,
and a large number of animals, all preserved in the highest
art of the taxidermist. There will also be a magnificent
collection of agricultural and horticultural products, ex-
hibiting the productive capacity of the State in these re-
spects. There will dso be an extensive collection of all
stone and wood to be found within our borders, and a great
variety of other specimens illustrating the natural wealth
and the industrial achievements of the State. There will
also be a large number of beautiful and artistic exhibition
cases, obtained at considerable outlay, that ought not to be
sacrificed.
This exhibition, I have no doubt, will prove of inesti-
mable value to the State as an exhibition of our resources
at this great exposition. The exhibits collected there be-
longing to the State will have been gathered at a cost of
$75,000 to $80,000. They will be extensive in quality and
variety, and rare and valuable as a collection. It would
require a large sum to replace them. In consequence I
would esteem it a misfortune to have the greater part of this
collection sacrificed for a song under the hammer of the
auctioneer. The entire exhibit ought as far as possible, to
be preserved. In my judgment it would be the part of
wisdom and economy to repeal that part of section 8 quoted
above, and in lieu thereof to provide that the entire collec-
tion should be preserved and returned by the commission
to this State at the termination of the Chicago Exposition,
GOVERNOR WILLIAM JOEL STONE 165
and be delivered to the State University to become a part
of the permanent museum established there. The cost of
doing this would be small, and it would be of incalculable
value to this great educational institution.
I think it would be better not to divide the collection
by storing a part of it in the Geological Bureau and a part
of it only at the University. The Geological Bureau is not
a permanent establishment of the State Government. The
surveys may be discontinued at any time, and the work at
most will be completed in a few years. The bureau will
then cease to be an important establishment of the State.
But the University is with us for all time. It is a school
where the young men of the entire State are to receive
the benefits of higher education. This exhibit, preserved
in the museum of that institution, would serve a double
purpose first, as showing the liberal enterprise of our people
in providing it, and secondly, as showing the resources of
the State and would be of value to our sons in both re-
spects. It would serve an excellent purpose as an educa-
tional feature of the University.
I suggest also that it would be well to authorize the
commissioners to receive contributions from individual
exhibitors and from other States and countries, and to pro-
vide that such contributions, when placed in the museum,
should be so labeled as to give credit and honor to the
donors.
Respectfully,
WM. J. STONE,
Governor.
RESOLUTIONS TRANSMITTED
Whereas, by the eighth section of the act of the General
Assembly, entitled "An act to provide for the collection,
arrangement and display of the products of the State of
Missouri at the World's Columbian Exposition of 1893,
and to make an appropriation therefor/' approved March
27, 1891, it is provided.
166 MESSAGES AND PROCLAMATIONS OF
That at the termination of the Fair all mineral specimens
and peculiar specimens of wood and engravings be turned
into the State Bureau of Geology and become a part thereof,
except such engravings and other articles and specimens as
may be placed in charge of said Commissioners by private
citizens, and the proceeds of all property sold, which was
built or made by reason of this appropriation, shall be
turned into the State revenue; and
Whereas, there will be on hand at the termination ot
said Fair, as the property of the State, large and valuable
collections of fish, birds, agricultural and horticultural pro-
ducts, and the cases necessary for their preservation and
display, and other valuable specimens which the commission
will be obliged to sell under the provisions of the act herein
above referred to, thereby resulting almost certainly in the
sacrifice of same; and
Whereas, the Bureau of Geology to which the Commis-
sioners are required to deliver, at the termination of the
Fair, all mineral specimens or peculiar specimens of wood
engravings, is not a permanently established Bureau of
State Government; and
Whereas, The specimens of minerals and peculiar speci-
mens of wood and engravings belonging to the State will be
rare and valuable, and should be permanently preserved
for the information of the people and the education of the
children of the State:
It is therefore resolved, by the Board of World's Fair
Managers for Missouri, that it is the opinion of the Board
that all specimens of every character collected for exhibition
at said Fair, being the property of the State, should be
stored and preserved in some permanent museum provided
for that purpose,
Resolved, further, That the Board respectfully recom-
mend to the General Assembly that all said specimens should
be deposited and permanently preserved in a museum es-
tablished in connection with and as a part of the State Uni-
versity, thereby laying the foundation upon which may be
GOVERNOR WILLIAM JOEL STONE 167
erected the splendid super-structure of a State Museum for
the permanent display of Missouri's marvelous resources.
Resolved, further, That in the opinion of the Board, that
the owners of specimens belonging to private persons, and
put in charge of the Board for exhibition at the Fair, should
be invited by the General Assembly to contribute such speci-
mens to the museum, to be deposited, labeled and accredited
in such a manner as the General Assembly may provide.
Resolved further, That it is the sense of this Board that
a reasonable sum should be appropriated for the purpose of
defraying the expense incident to the return of these speci-
mens to the State, and their proper installation at the
University.
TO THE SENATE AND THE HOUSE OF
REPRESENTA TI VES
FEBRUARY 23, 1893
From the Appendix to the Journals of the General Assembly, 1893
STATE OF MISSOURI, EXECUTIVE DEPARTMENT, February 23, 1893.
To the Senate and House of Representatives:
I feel constrained to call the attention of the General
Assembly to a matter which I consider one of grave impor-
tance. I refer to the imprisonment of county judges under
the process of the Federal courts. Today the judges of the
county court of St. Clair county are imprisoned in a common
jail at Kansas City, under the order of the United States
Circuit Court for the Western district of Missouri. The
offense for which they stand imprisoned is disobedience to
the order of the said circuit court, commanding them to levy
certain taxes on the property of the people to pay certain
judgments rendered in that court against the county, on
bonds issued ostensibly to aid in the construction of a rail-
road. These bonds were issued soon after the war, at a
time when disorder generally prevailed in that section of
168 MESSAGES AND PROCLAMATIONS OF
the State, when a large number of the tax-payers were dis-
franchised and denied all voice in determining whether the
bonds should be issued, and all representation in the conduct
of public affairs. The bonds were issued to an irresponsible
corporation, ostensibly to aid, as I have said, in the con-
struction of a railroad, although not a foot of road has ever
been constructed, and the enterprise has been long since
abandoned. The people of the county have always and
uniformly maintained that the law, as it then stood, was
not complied with by the de facto authorities then in control
of the county in issuing the bonds; that they were fraudu-
lently and illegally issued. I am informed that the first
suits in which the legality of the bonds was tested was
brought in the State circuit court, and that that court
held that the bonds had been issued in contravention of
the constitution and laws of the State, and were therefore
void and of no effect. But the bondholders, not content
to abide the decision of the State court, brought suit on
other bonds in the United States court, and that court held
the bonds to be commercial paper, valid and binding on the
county. Since then a contest has been going on in the Fed-
eral court between the bondholders and the people, one seek-
ing to enforce, the other to resist, the collection of the bonds.
Judgments are rendered against the county on the bonds,
and mandamuses are then issued to the county judges,
commanding them to levy and cause to be collected sufficient
taxes to pay the judgments. I am informed that the judg-
ments in said circuit court now standing against St. Glair
county aggregate about $70,000. Because the judges re-
fused to obey the writ of mandamus commanding them to
levy a tax to pay these judgments, they have been com-
mitted to jail for an indefinite period for contempt.
I have thus briefly outlined the history of this contro-
versy that the General Assembly may be advised of the
facts, and not because I esteem the greater part of it as
being of any special importance to the present consideration.
For the purposes of the present consideration, I do not care
to inquire whether the bonds are legal or illegal. My im-
GOVERNOR WILLIAM JOEL STONE 169
mediate purpose is to call attention to the fact that the
county judges of this county are restrained of their liberty,
at a point remote from their homes, and, I am informed, will
not be permitted to return to discharge any official duty until
they consent to levy the tax required by the order of the
Federal court. This they refuse to do first, because the
people of the county who regard the bonds as fraudulent
are exasperated at a judicial decree which they regard as
vicious and unmindful of all better precedent and of the
public right, and therefore forbid it; and secondly, because
they cannot levy so large a tax as they are commanded to
levy for this purpose without violating the statutes of the
State, and thereby subjecting themselves to indictment
and severe penalties imposed by the courts of the State.
Under the laws of this State the judges of the county court
have absolutely no original power to levy such tax. The
law of the State authorizes the county courts to levy taxes
to a limited extent in the counties of the class of St. Glair,
to the extent of one-half of one per cent, or 50 cents on the
$100 of valuation. But that tax is expressly declared to be
for the purpose of meeting the current county expenses,
and for that only. The constitution and statutes of the
State confer jurisdiction upon the county courts to levy this
limited tax for specific purposes, and the same laws specify
the uses to which these revenues shall be appropriated; that
is to say, for purely county purposes for the support of
the poor and insane, for roads and bridges, for the payment
of salaries of county officials, for witnesses and jury fees,
election expenses, and the like. The laws of the State pro-
vide that the county court shall have no original jurisdiction
to levy any other tax; and if a necessity exists for an addi-
tional tax to pay an existing debt, or there is any occasion
for an extraordinary tax, another course of proceeding is
required. No original jurisdiction is conferred upon the
county courts to levy a tax to meet any such extraordinary
demands; but, on the contrary, such jurisdiction is expressly
withheld. When the necessity for an extraordinary tax
exists, the law requires that the county court shall cause
170 MESSAGES AND PROCLAMATIONS OF
the county attorney to prepare and present a petition to
the State circuit court, which is a court of common-law
jurisdiction, or to the judge in vacation, setting forth the
reason and the necessity for the tax, and all the facts con-
nected with it; and the circuit court or judge shall examine
the petition, and after understanding the facts, if he shall
hold that the debt is a valid one and the tax a proper one
to be levied, he can issue his order authorizing and empower-
ing the county court to levy the tax; which order may be a
continuing one from year to year as long as the necessity
for the tax exists, or until it is revoked by the order of the
court which made it.
The county court, I say, is devoid of jurisdiction and
power to levy the tax in the first instance. The power to
make the levy does not exist until the circuit court confers
it in the manner provided by law. This view of the law
has been distinctly and repeatedly affirmed by the Supreme
Court of this State. Any violation of this law would sub-
ject the county judges to heavy penalties and the forfeiture
of their offices.
I am informed that a few years since an application was
made, as provided by statute, to the circuit judge for an
order to levy a tax to pay judgments rendered on these
bonds in the Federal court; but that the circuit judge, hold-
ing the bonds to be void, refused to authorize the levy.
The county judges, therefore, are, as they contend, without
authority to make the levy required by the order of the
Federal court, and any attempt to make it would subject
them to the penalties of the law. Thus these State officials
are placed helpless between these contending forces. If they
attempt to levy the tax, they are liable to be visited with
severe punishment from the State courts, sitting in a county
where the people would sternly resent such a levy; and if
they decline to levy, they are deprived of their liberties and
confined in a common jail, far from home, in the company
of every class of criminals. This alone presents a grave
and serious question for the consideration of the General
Assembly, representing, as it does, in so high a degree the
GOVERNOR WILLIAM JOEL STONE 171
dignity, power and sovereignty of the State. The practice
of the Federal courts in disregarding the decisions of the
State courts in their interpretation of the constitution and
laws of the State, and in dominating and overriding the
authorities of the State, is of recent growth in our history.
Prior to December, 1863, the Supreme Court of the United
States, by a long and unbroken chain of decisions, had
established the doctrine and observed the rule of following
the latest decisions of the Supreme Court of a State in the
construction of its own constitution and laws.
In the case of the United States vs. Morrison, 4 Peters,
124, Chief Justice Marshall reversed his own decision in
order to conform to a later opinion of the Court of Appeals
of Virginia in the interpretation of local laws. In the case
of Green vs. Neal, 4 Peters, 291, the Supreme Court of the
United States overruled two former decisions of its own,
based upon former decisions of the State court of Tennessee,
in order to follow a later decision of the State court, after
the law had been supposed to be settled for many years.
This had been the doctrine and the rule through eighty years
of our history.
In 1863 the tide turned. It is curious to note the cir-
cumstances out of which this revolution in judicial opinion
sprang. It was a bond case. One Aspinwald was the
owner of certain coupon-bonds of Knox county, Indiana,
upon which judgment was obtained before the Circuit Court
of the United States for that district. Failing to realize
by execution, a mandamus was issued to the commissioners
of Knox county, commanding them to levy a tax, under the
laws of the State, to pay the judgment. This was the first
instance in which a Federal court ever issued a writ of
mandamus to a State officer in the history of this Govern-
ment. Soon after came the case of Gelpcke vs. the city of
Dubuque, 1 Wallace, 175. This was an action founded on
municipal bonds issued in aid of a railroad. The Supreme
Court of Iowa had held that the law under which the bonds
were issued was unconstitutional; but the Federal courts,
overturning the old established doctrine, complacently held
172 MESSAGES AND PBOCLAMATIONS OF
that they were not bound by and would not follow the
decision of the State court, interpreting its own constitution,
and accordingly held the law constitutional and the bonds
valid. Justice Miller, who rendered a masterful dissenting
opinion, among other things said:
"The Court has in this case taken a step in advance of
anything heretofore decided by it on this subject. That
advance is in the direction of a usurpation of the right which
belongs to the State courts, to decide as a finality upon the
construction of State constitutions and State statutes.
This invasion is made in a case where there is no pretense
that the State constitution, as thus construed, is any in-
fraction of the laws or constitution of the United States."
The next important step in what Justice Miller de-
nominates this march of judicial usurpation was taken in
1867, in the case of Riggs vs. Johnson county, 6 Wallace,
166. This was the greatest stride of all up to that date.
Johnson county, Iowa, had issued bonds in aid of a railroad.
The Supreme Court of the State held the law under which
the bonds were issued to be unconstitutional. An injunction
had been issued by the State court and served on the county
commissioners, forbidding and restraining them from levy-
ing any tax to pay the bonds. Suits were brought on the
bonds in the Federal court, and that court, disregarding the
decision of the State court, held the law constitutional and
the bonds valid. To enforce the judgments thus rendered,
a mandamus was issued commanding the county commis-
sioners to levy a tax, notwithstanding the injunction resting
upon them from the State court. The United States Su-
preme Court held that the injunction was no protection to
the commissioners, but that they should obey the mandate
of the Federal Court, although in doing so they rendered
themselves liable to attachment and punishment for con-
tempt for violating the injunction. Again Justice Miller
rendered an able and exhaustive dissenting opinion, in
which he was sustained by Chief Justice Chase and Justice
Grier. It would be well if this great opinion of this great
GOVERNOR WILLIAM JOEL STONE 173
constitutional lawyer could be read by every lover of liberty
in the Republic.
But I cannot pursue this history further, nor is there
need that I should. Step by step this usurpation of power
by the Federal judiciary has gone, until now we find here
that the judges of the county courts of Missouri are im-
prisoned because they decline to obey an order which com-
mands them to do an act in violation of the laws of the
State, declared by those laws to be a criminal act, and which
our Supreme Court holds they have no authority to per-
form, and the doing of which would subject them to heavy
fines and penalties. And these are the purely local officers
of the State, holding their places solely by the authority of
the State, existing only for the purpose of conducting the
machinery of local government. This is in and of itself
an absolute subversion of all State pow r er, and all pretense
of State sovereignty. And though it comes with the sanc-
tion of the Supreme Court of the United States, I believe
it is likewise subversion of the constitution of the country.
In one of the cases to which I have alluded, Justice Miller
said:
"With all the respect which I have for this court, and
for my brethren who differ with me, I take the liberty of
saying it has no right to set aside all precedent and disregard
established rules, in the belief, however confidently enter-
tained, that it is done in the cause of justice."
The division line between Federal and State powers
ought not to be dbscure. It is reasonably clear. As late
as 1870, the Supreme Court of the United States, in the case
of Collector vs. Day, 11 Wallace, 124, said:
"The General Government and the State, although
within the same territorial limits, are separate and distinct
sovereignties, acting separately and independently of each
other within their respective spheres. The former in its
appropriate sphere is supreme; but the States, within the
limits of their powers not granted, or, in the language of
the Tenth amendment, "reserved," are as independent of
174 MESSAGES AND PROCLAMATIONS OF
the Federal Government, as that Government, in its sphere,
is independent of the States."
That is the old and correct constitutional doctrine.
And yet, strange as it may seem, the very court making
that declaration approves and upholds a practice that
would overturn and destroy the States if pushed to its logical
extremity; for under that practice every executive officer
of the State from the Governor to constable, and every
judicial officer from the Supreme Judge to the justice of the
peace, may be imprisoned if they refuse to violate their
oaths and the laws of the State by rendering obedience to
the mandate of a Federal district judge.
But there is another phase of this question, of immediate
importance to the State, to which 1 wish to call attention.
These county judges are the judges of a court of record.
They not only represent a part of the judicial machinery
of the State, having jurisdiction to issue writs of habeas
corpus and injunction, and over a multitude of important
judicial matters; but they also audit all accounts against the
county, draw all warrants on the treasury, distribute and
control the public school funds, revise the assessments of
property for taxation, levy taxes for county purposes, order
the extension of all taxes on the collector's books, and, in
short, are the most important and indispensable of all our
officers in the administration of county affairs, and among
the most important in the administration of State affairs.
Under our statutes, as they now exist, if for any cause the
county judges are unable to discharge their duties, no reve-
nues can be provided for the maintenance of the county
governments, the State will be greatly hindered and em-
barrassed in the collection of its revenue, and the public
eleemosynary, educational and penal institutions will be
deprived of funds necessary to their support. To imprison
the county judges is to bring disaster upon the State.
The imprisonment of the St. Clair county judges is not an
exceptional event in this commonwelth. Scarcely a month
has elapsed since the judges of the county court of Cass
county bore their St. Clair county brethren company in the
GOVERNOR WILLIAM JOEL STONE 175
same criminal cells* It is an event which has occurred not
infrequently in this State.
In view of these facts, to which I have the honor to call
your attention, and in view of the gravity of the situation,
I urgently recommend to the gentlemen of the General
Assembly that they take some suitable action, first, to assert
the outraged dignity of the State, and secondly, to protect
the State and counties against the embarrassments likely
to arise from the confinement of the county officials; and in
this behalf I would recommend:
First That the General Assembly, by joint and con-
current resolution, memorialize the Congress to so limit, by
statutory enactment, the jurisdiction of the Federal courts
as to forbid them from compelling any State officer, by
mandamus or other writ, to perform any official act arising
under or authorized to be done by the laws of such State.
Secondly That the General Assembly provide by law
that whenever a majority of the judges of any county court
shall from any cause be unable to discharge any duty im-
posed upon them by law, the Governor may designate and
appoint a special judge, and commission him with special
authority to do any given act required to be done by the
express provisions of the statutes by the county court; and
providing that such appointee, after accepting the commis-
sion, shall duly qualify in such manner as may be fixed by
the law his commission, power and authority to cease
upon the completion of the special purpose for which he may
be appointed. In this way the business of the counties
and the State can be carried on, without subjecting the
officer charged with public duty to arbitrary imprisonment.
This course can be justified before an enlightened, patriotic
public opinion, as a necessity to the maintenance and pres-
ervation of our local government.
The unusual difficulty and importance of this grave
question is my apology for the length of this communication.
WM. J. STONE,
Governor.
176 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE AND THE HOUSE OF
REPRESENTA TIVES
MARCH 6, 1893
From the Appendix to the Journals of the General Assembly, 1893
To the Senate and House of Representatives:
Gentlemen I desire to direct your attention briefly
to the State University. With the sad misfortune which
befell that institution something more than a year ago,
resulting in the destruction of the main edifice by fire, all
of you are familiar. It was a serious blow, and threatened
for a while to obstruct and interfere, with the educational
policy and progress of the State. The representatives of the
people, however, when assembled, undaunted by the ca-
lamity, faced the situation and met the emergency in a man-
ner worthy the intelligent constituency and the great
commonwealth they represented. They promptly provided
means to begin the work of reconstruction on a larger and
more munificent scale, and one more in harmony with the
importance of such an institution in the fifth State of the
American Union. They appropriated the sum of $236,577
for the purpose of constructing certain buildings for the use
of the University, according to plans and specifications Lo be
prepared by the Board of Curators and submitted to the
Governor, State Auditor and Secretary of State for their
approval. In compliance with the terms of the act making
this appropriation, the Board of Curators, with the approval
of the State officers named, have, with the money thus
appropriated, constructed, or are constructing, six depart-
mental buildings on the University campus. Those build-
ings are:
1. The Law building, 68^ x 114^ feet, two stories
high, with a basement.
2. The Chemical building, 132 x 90 feet, two stories
high, with a basement.
GOVERNOR WILLIAM JOEL STONE 177
3. A building combining the departments of Geology
and Biology with a Museum, 46 x 100 feet, two stories high,
with a basement.
4. The Physics and Engineering building, 145 x 78
feet, two stories high, with a basement.
5. The Manual Training building, 108 x 117 feet,
two stories high with a basement.
6. The Pow r er-house, 72 x 86 feet, one story high.
These buildings have been carefully constructed on
plans having in view both permanency and beauty; they
will be practically fire-proof, and will combine the archi-
tectural virtues of strength and attractiveness. In this
group of buildings are to be found also the Agricultural
Departmental building and the President's residence, which
w r ere spared by the disaster which swept away the Uni-
versity proper. The work of reconstruction has been pushed
forward as rapidly as possible, and with an affectionate zeal
on the part of those to whom it was committed which is
commendable in the highest degree. During this period
the educational work of the University has been prosecuted
and maintained with a degree of energy and success almost
marvelous, and which entitles the Faculty in charge and the
students, who have stood up so heroically for the institution
under circumstances so adverse, to the admiration and ap-
plause of the people. So far the State has responded nobly
to the demands of its chief institution of learning, and has
manifested a determined purpose to make its misfortune
end as a blessing. The Curators come now and submit
to the representatives of the people a request to supply the
means necessary to construct the main University building.
The plans which their accomplished architect has outlined
have been exhibited for your inspection. The building, as
thus proposed, I am free to say, is not planned on a scale as
large and magnificent as I would like it, for this structure
is to stand for all time as a monument expressive of the
enterprise, culture and civilization of this day and genera-
tion, and will represent to our children the standard by
which those of us who are to act for the people in this
178 MESSAGES AND PROCLAMATIONS OF
emergency measure the value of our high institutions of
learning. Still, it would be a building not unworthy of the
State, and one \ve could point to, if not with positive pride,
at least with tolerable satisfaction. To construct this build-
ing it is estimated by the architect, who has proven himself
to be exceedingly careful and accurate in his estimates, the
sum of 250,000 will be required; which sum I urgently
recommend to be appropriated for that purpose.
In this connection it is proper for me to state that the
revenues of the State are now in condition to justify this
appropriation. Since the passage by the present General
Assembly of the act increasing the license tax, the estimated
revenues for the ensuing biennial term aggregate $4,103,000.
The estimated expenditures for all purposes, including the
sum herein recommended for the University main building,
aggregate $4,033,455; so that if all the appropriations which
have been or as I am informed are to be, recommended by
the House Committee on Appropriations, and which are
covered by the bills reported or to be reported from that
committee, should be made, the estimated revenues would
still exceed the estimated expenditures by the sum of
$64,545, If the General Assembly should concur in the
recommendation herein made, I would suggest that not
exceeding $100,000 of the $250,000 should be used during
the year 1893, and that the remainder should be used during
the year 1894. I make this suggestion because the income
derived in 1894 from the increased license tax will be double
that derived from that source during the present year. This
arrangement would therefore more readily accommodate
the necessities of the treasury.
In support of the recommendation which I have the
honor to make, it might not be amiss to direct the attention
of your honorable body to the fact that so far the tax-
payers of the State have been called upon to contribute
practically nothing in the work of reconstructing the Uni-
versity. Of the $236,577 appropiiated March 24th, 1892,
and which have been used, or are being used, m the con-
struction of the six departmental buildings above referred
GOVERNOR WILLIAM JOEL STONE 179
to, $146,577 thereof were derived from the insurance carried
on the building destroyed by fire; $50,000 thereof were con-
tributed as a donation by the citizens of Columbia and
Boone county; and 40,000 were derived from a fund ac-
cumulated in the treasury from the Insurance department.
Not a dollar, therefore, of this entire appropriation was
collected in the form of general taxation. The departmental
buildings have been constructed out of means procured in
the way indicated, and the State at large is now asked for
the first time to contribute the means necessary to continue
and complete the work of reconstruction. The sum asked
for this purpose, so far from being extravagant, is a modest
one. I feel assured your honorable body will not deny to
the children of our Commonwealth the opportunities enjoyed
by those of other states. The path of the University is up-
ward and its step is onward. I have a profound faith that
we are about to have established here on the soil of Missouri
the greatest and most commanding institution of learning
found anywhere among the great states of the Southwest.
Missourians are justly proud of the high place they have
achieved among the most enlightened states of the Union
and of the world. Our common school system is unexcelled
by that of any other state in the opportunity it affords our
children to enjoy its benefits, and in the character and
efficiency of its work. Missouri has the largest available
public school fund belonging to any state in the Union. We
are accustomed to boast, and to do so with absolute truth
that the school-house is to be found on every hillside and
nestling in every valley. Our high schools and normal
schools are numerous, splendidly equipped, and are un-
surpassed in all respects by similar institutions elsewhere.
In every city and town of importance are to be found col-
leges and seminaries maintained by private enterprise or
supported by religious denominations. But over and above
all these, great and splendid as they are, stands the Uni-
versity as the crown of glory to the whole educational system
of the State, where the youth of this and surrounding states
may gather to equip themselves with the highest and broad-
180 MESSAGES AND PROCLAMATIONS OF
est culture possible, to go forth to serve the State in any
and every field of human endeavor. The misfortune which
befell the University arrested its progress; but the young
men attending the institution at that time rallied to its
support, and have stood by it with fidelity and affection.
They have watched the progress of its rebuilding with pleas-
ure and hope. I fear the consequences to the further progress
of the institution if these young men, and hundreds of
others, should now be disappointed in their just expectation.
I am officially informed that the requirements of the
act of March 24, 1892, that the town of Columbia shall,
without expense to the State, provide and furnish a sufficient
water supply for the University building to protect it against
fire in future, will be fully complied with. The bond re-
quired by that act has been made, approved and filed, and a
franchise has been granted to a leading citizen of St. Louis
authorizing him to construct a system of waterworks ample
for all purposes; and the work of construction, I am in-
formed, has been already initiated.
Before concluding, I ask leave to direct attention to the
fact that when the University buildings have been com-
pleted and equipped, the revenue now annually flowing into
that institution from different sources will probably be
sufficient to support it without drawing upon the treasury
of the State. The annual income of the University is now
between $80,000 and $90,000. The institution will be at
least substantially self-sustaining. To be entirely frank,
however, I do not hesitate to say that the annual income,
as above stated, is far short of what I would be glad to see
it. In a recently well-prepared article on the subject of
Universities, I find that the annual income of different
institutions is stated as follows:
University of Michigan. ,
University of Wisconsin.
Cornell University
University of Iowa ... .
University of Ohio
University of Minnesota .
$320,000
260,000
500,000
120 , 000
176,000
170,000
GOVERNOR WILLIAM JOEL STONE 181
University of Illinois
Leland Stanford University (California).
Yale University . .
Harvard University
Columbia College
Johns HopMns University
University of Virginia
Vanderbilt University (Tennessee)
Tulane University (Louisiana)
University of Kansas
University of Missouri
$175,000
1,000,000
510,000
987,880
650,000
195,000
111,455
116,000
175,000
85,000
81,314
Thus it will be seen that universities throughout the
country that have attained prominence as great educational
institutions have strong financial support. It is because
of what here appears that I have ventured to say, that
although the annual income of the University will doubtless
be sufficient to support it, it is not so much as I would be
glad to see it, nor, in my opinion, as its importance requires.
It is to be hoped anH expected, however, that other oppor-
tunities and means of increasing its endowment will come,
and that before many years the institution will have a fund
back of it ample for its needs and commensurate with its
importance.
I believe in the policy of strict economy in public ex-
penditure. I am something of a stickler for economy as
opposed to prodigality, extravagance or waste. I do not
believe that a dollar of public money should be expended
except for some legitimate and useful purpose, and where
there is every assurance that an adequate and compensatory
benefit will be returned. But where money is legitimately
required to upbuild the state and advance its well-being,
to maintain its honor and exalt its high reputation, I would
give it, not with lavish, but with cheerful hand. In my
judgment, nothing tends more to elevate the good name
and to dignify and exalt the reputation of any state or
people, than their institutions of learning. They are types
Of our civilization and advancement. Missouri should be at
182 MESSAGES AND PROCLAMATIONS OF
the forefront in all those things that characterize a great
and progressive people.
The depth of my conviction and feeling upon this sub-
ject must be my excuse for saying so much to you about it.
Respectfully,
WM. J. STONE,
Governor.
TO THE SENATE
MARCH 14, 1893
From the Journal of the Senate, pp. 497-498
STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON,
March 14, 1893.
To the President of the Senate:
Sir I return herewith, with my approval, Senate bill
No. 9, entitled "An act relating to the construction of streets,
alleys and public highways in cities of this State having
three hundred thousand inhabitants or over."
I desire to state that I have approved this bill not
without considerable hesitation. I am not entirely satisfied
that it is altogether a judicious measure. I have always
maintained that in public improvements of the character
provided for by this bill, some considerable part of the ex-
pense incident thereto should [be] borne by the entire com-
munity receiving the benefit thereof. The contrary policy,
however, seems to be the established one in this State, and
has been followed for a number of years. The law of the
State as applicable to all parts of it outside of St. Louis,
already provides that the whole cost of improvements of
this character shall be borne by the abutting property
owners; at least, such is the general law and the general
policy. The passage of the bill now under consideration
merely puts the city of St. Louis in line with the general
policy obtaining elsewhere in the State. Personally, I
GOVERNOR WILLIAM JOEL STONE 183
have never given my consent or adherence to this policy,
and hence I have hesitated about approving this bill, and
have finally done so with some reluctance. But inasmuch
as its enactment has been advocated by a decided majority
of the gentlemen representing the city of St. Louis in the
General Assembly, and has likewise received the endorse-
ment of a decided majority of all the Senators and Repre-
sentatives, I have not felt myself justified in interposing a
veto.
Section 12, Article 5 of the Constitution provides that
within ten days after any bill shall have been presented to
the Governor, he shall return the same to the House in
which it originated, with his approval or objections. I have
withheld this bill during the whole ten days thus limited,
with the view to giving it proper consideration, and with
the expectation that if there was any decided public oppo-
sition to it in the city of St. Louis, it would be manifested
in some way and conveyed to me. I have received fifteen
or twenty letters in opposition to the measure, about half
of which have come from property owners who reside out-
side the city; and have also had one opposing resolution
adopted by a meeting held in St. Louis, which, I am advised,
was not largely attended, and was by no means unanimous
in sentiment. On the contrary, I have received great
numbers of letters and petitions, numerously signed, seem-
ingly by all classes of people, urging me to approve the bill
as a measure necessary to the future growth of the city.
In view of all these considerations, I have, with considerable
hesitancy, determined to return the bill with my approval.
WM. J. STONE,
Governor.
184 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE AND THE HOUSE OF
REPRESENTA TI YES
MARCH 20, 1893
From the Appendix to ike Journals of the General Assembly, 1893
STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON,
March 20, 1893.
To the Senate and House of Representatives:
I have the honor to transmit herewith a copy of a letter
just received from Frank R. O'Neil, Esq., a member of the
Board of Trustees of the Missouri School for the Blind. I
do not know whether the General Assembly will feel dis-
posed to consider this matter at this stage of the session,
but it is a subject of so much importance that I feel it is my
duty to call your attention to it, and to express the hope
that you may find time to enact such legislation as may
be deemed necessary.
WM. J. STONE,
Governor.
Governor Win. J. Stone, Jefferson City, Mo.:
Dear Sir: With the apprehension that the Legislature
may adjourn without taking action upon the pending Senate
bill providing for the sale of the old Blind school site and
the purchase of a new, I write to ask your kindly assistance
in securing action thereon. Our present building will,
probably, be within 50 yards of a railroad depot, before the
next Legislature meets; and when you consider the large
number of tracks, the loud noises, and all the other evils
which will attend such an approximation, I think you will
recognize the importance of making immediate provisions
for a new site. Moreover, the cost of land now is much less
than it will be two years hence. It will require, probably,
one full year after the passage of the bill to locate and
purchase a site, and to erect suitable buildings thereon;
GOVERNOR WILLIAM JOEL STONE 185
consequently, even with action at the present session, our
school is almost certain to suffer serious inconvenience for at
least a short period.
Hoping that you will take the same view of the im-
portance of the pending measure as I have expressed,
I am, very respectfully yours,
(Signed) FRANK R. O'NEIL,
Of Board of Trustees.
TO THE SENATE AND THE HOUSE OF
REPRESENTA TIVES
MAECH 21, 1893
From the Appendix to the Journals of the General Assembly, 1893
STATE OF MISSOURI, EXECUTIVE DEPABTMENT, CITY OP JEFFERSON,
March 21, 1893.
To the Senate and House of Representatives:
I have the honor to transmit herewith a resolution
adopted by the State Board of Agriculture, at a meeting
held in this city today. The meeting was attended by every
member of the Board save two, and the resolution referred
to was unanimously adopted. The purpose of the Board
meeting today was to adopt quarantine lines for the pro-
tection of the live-stock of the State from infectious diseases.
The danger of the introduction of such diseases resulting
from the shipment of Southern cattle into the State is mani-
fest. The Agricultural Department of the United States
has defined quarantine lines, which lines were adopted by
the Board of Agriculture at the meeting today. Quarantine
rules and regulations have likewise been adopted, and will
be immediately promulgated in compliance with the statutes
of the States. If these regulations are to be enforced, and
the live-stock interests of the State protected from the danger
menacing them, it is absolutely necessary that agents or
inspectors should be appointed to represent the State at the
186 MESSAGES AND PROCLAMATIONS OF
principal points where Southern cattle are received and
distributed. There are at least three points where these
agents or inspectors should be located, viz.: St. Louis,
Kansas City and Hannibal. It would be well to have one
at the city of St. Joseph also.
It will be necessary to maintain these inspectors during
the quarantine period, which will continue until December
1st. Now, I assume that a competent man cannot be had
for this service for much, if any, less than $100 per month.
If we should have only three of them it would amount to
probably 300 per month, or $2400 for the eight months
prescribed as the quarantine period. If an inspector should
be placed at St. Joseph, that would, of course, increase
the amount necessary for this service. Now, the sum of
$5000 per year only has been provided by the bills passed
or pending for the veterinary service. One-half of that
sum will be required to compensate the agents or inspectors
employed to enforce the quarantine regulations of the State.
The remaining one-half will be wholly absorbed by the salary
of the State Veterinary Surgeon, which is $2500 per annum.
The entire appropriation provided for will, therefore, be
exhausted in paying the salary of the State Veterinarian and
the necessary quarantine inspectors. There will be nothing
left to meet any other demand upon this service, except
the sum of $7500 appropriated to pay for slaughtered ani-
mals. The law requires the State Veterinary Surgeon, or
his deputies, to make such inspections as the Governor may
direct from time to time, within or without the State, and
also to inspect live-stock afflicted with infectious or con-
tagious diseases, and to do a number of things deemed im-
portant for the protection of the live-stock interests of the
State. No appropriation whatever is made for this service,
or at least there will be no fund left to meet the expenses of
this service if the quarantine regulations of the State are at
all adequately enforced.
This is certainly a matter of very considerable impor-
tance to the State, and I do not believe the General Assembly
should adjourn without making ampler provision for this
GOVERNOR WILLIAM JOEL STONE 187
service. It is altogether probable an amendment can be
made to some bill pending, to meet the necessities of the
case, without the delay necessary to the introduction and
passage of a bill entirely new and distinct. But in any event,
I hope the General Assembly will concur, as I do, with the
Board of Agriculture as to the necessity of taking some
additional action in this behalf. I suggest an amendment
to some of the pending appropriation bills, providing, say
$5000 salary for the State Veterinarian, and $3000 or some
other sum to paying expenses of enforcing quarantine regu-
lations. If that can be done, then the $10,000 already em-
braced in the bills which have been passed, or are pending,
can be used for other purposes incident to the service. But
whether this suggestion be adopted or not, I wish, as I have
said, to urge upon your attention the importance of some
action.
WM. J. STONE,
Governor.
RESOLUTION TRANSMITTED
Resolved, That it is the opinion of the State Board of
Agriculture that the appropriation for the Veterinary Serv-
ice of the State for the prevention and extirpation of con-
tagious diseases in domestic animals should not be less than
twenty thousand dollars for two years, exclusive of any sum
for indemnity for condemned animals, and that the General
Assembly be respectfully solicited to appropriate said sum.
TO THE SECRETARY OF STATE
APRIL 1, 1893
From the Journal of the Senate, pp. 641-64%
JEFFERSON CITY, April 1, 1893.
To the Secretary of State:
Sir I return herewith, with my approval, Senate bill
No. 102, entitled "An act to amend section 8553, of article
188 MESSAGES AND PROCLAMATIONS OF
14, of chapter 162, of the Revised Statutes of Missouri,
relating to the exemption of citizens of incorporated cities
and towns, and of the property within said cities and towns,
from taxation for county road purposes;" which bill was
received by me within ten days next before the adjournment
of the General Assembly.
Some opposition to the approval of this bill has been
made. I have examined with some care the arguments
made both for and against the measure. The opposition
to the bill has come from the county of St. Louis; those
who have urged its approval are citizens of the town of
Kirkwood. The town of "Kirkwood is incorporated. Under
the law as now applicable to that county, the people residing
in and the property located within the corporate limits of
the town, are subject to taxation for the purposes both of
improving the streets of the town and the country roads
anywhere in the county. This condition is somewhat
peculiar to St. Louis county, and is contrary to the practice
and the law as followed and applied in the other counties
of the State.
Section 1674 of the Revised Statutes, which is a part of
the law relating to incorporated towns and villages, pro-
vides: "All persons residing within the corporate limits of
such towns shall be exempt from working on roads without
the corporate limits of said towns, and from paying tax or
fine relating to same on property within such corporate
limits."
Section 8553 of the Revised Statutes provides: "Where
any city or town may be incorporated under a special
charter or a general law, no requisition in labor or money
from the citizens thereof, or property within said corpora-
tion, shall be required to improve roads in the country
* * *, but they shall be required to work and pay a tax
to improve the streets and roads * * * within the limits
of the incorporation," etc.
These statutes indicate the general policy of the law
in this State. This policy has received the sanction of the
Supreme Court. In passing upon a question similar to that
GOVERNOR WILLIAM JOEL STONE 189
involved in the controversy between the town of Kirkwood
upon the one hand and the county of St. Louis upon the
other, the Supreme Court said: "It could not have been
the purpose to subject the property owned by a non-resident
of the town to double taxation, imposing upon such prop-
erty not only the burden of keeping the streets and alleys
of the town in repair, in common with other property within
the to\vn, but also in addition to subject it to taxation for
repair of roads outside the corporate limits." Thus the
court declares that to tax property in a town to repair the
streets therein, and to tax it likewise to repair roads outside
the corporate limits, is, in effect, double taxation. Property
outside the corporate limits cannot be taxed to maintain
the streets and roads within the corporate limits. It would
seem but fair that this rule should work both ways. The
bill under consideration is intended simply to apply a rule
which prevails throughout the State to St. Louis county,
and I confess myself unable to see why it should not be
done. The bill seems to have been supported in its passage
through the two houses by the almost unanimous vote of
the Senators and Representatives, not only from St. Louis
county, but from the entire State. I see no reason why I
should disregard this legislative expression.
Respectfully,
WM. J. STONE,
Governor.
TO THE HOUSE OF REPRESENTATIVES
JANUARY 4, 1895
From the Journal of the House of Representatives, p. %0
STATE OF MISSOTJEI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON,
January 4, 1895.
To the Speaker of the House of Representatives:
I have the honor to forward you herewith my biennial
message for 1895, with accompanying reports.
W. J. STONE.
Governor.
190 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE AND THE HOUSE OF
REPRESENTA TI YES
JANUARY 15, 1895
From the Appendix to the Journals of the General Assembly, 1895
STATE OF MISSOURI, EXECUTIVE DEPARTMENT, JEFFERSON CITY,
January 15, 1895.
To the Senate and House of Representatives:
An unfortunate controversy has arisen between the
people of Mercer county, Missouri, and Decatur county,
Iowa. These are border counties and lie along-side each
other. The controversy referred to relates to the location
of the State line which separates them.
About fifty years ago a somewhat similar controversy
arose between citizens of these States with regard to the
proper location of the line between them. On December 10,
1847, the State of Missouri, under the authority of the second
section of the third article of the Federal Constitution, filed
her original bill in the Supreme Court of the United States
against the State of Iowa, alleging that the northern part
of Missouri was obtruded on and claimed by Iowa for a
space of more than ten miles wide and about two hundred
miles long; that the State of Missouri was wrongfully ousted
of her jurisdiction over said territory and obstructed from
governing therein; that the State of Iowa had actual pos-
session of the same, claimed it to be within her limits, and
was exercising jurisdiction over it, contrary to the rights of
the State of Missouri, and in defiance of her authority.
The complainant prayed that the boundary between the
two States should be, by the order of the Court, ascertained
and established, and that the possession, jurisdiction and
sovereignty to all the territory in controversy be settled,
etc. As a result of this proceeding, commissioners were
appointed by the Supreme Court to run and mark the line
dividing the two States. This was done, and the report of
GOVERNOR WILLIAM JOEL STONE 191
the commissioners was received and confirmed by the Court
at its December term, 1850.
Within the last three or four years this controversy has
been revived along several miles of the boundary line be-
tween Mercer county, Missouri, and Decatur county, Iowa.
On the part of the Missourians interested it is contended
that the true line as located by the survey made under the
order of the Supreme Court is north of a certain public
road running east and west along the line, or near thereto.
It is claimed that until about two or three years ago this
road was conceded to be wholly in the State of Missouri,
and that for many years the authorities of this State had
worked, repaired and asserted control over the same. On
the other hand, the citizens of Iowa now contend that the
true boundary line runs some distance south of said public
road. This contention involves the possession and owner-
ship not only of the road referred to, but also of more or
less private real estate. Just when or how this controversy
was renewed has not been clearly explained to me. I have
had quite a voluminous correspondence with citizens and
officials of both Missouri and Iowa on the subject. My
attention was first called to the matter by a communication
addressed to me by the county officers of Mercer county, in
which, among other things, I was informed that the dispute
between the people of the two states was becoming angry
and passionate, and that several open breaches of the peace
had already occurred. Citizens of Iowa have fenced the
road alluded to, and many of them have been indicted in the
circuit court of Mercer county for obstructing a public
highway. On the other hand, a number of the citizens of
this State have been indicted in Iowa for malicious mischief
and conspiracy for removing the fences.
The authorities on both sides have made arrests on the
disputed territory, and have been indicted therefor in the
State whose citizens were thus arrested for assault and
kidnapping. In the communication of the officers referred
to, it is stated that "so much bad feeling has been engendered
over this matter, that there is great danger of serious con-
192 MESSAGES AND PROCLAMATIONS OF
flict and bloodshed if it is not settled in some manner."
About the time this communication was received by me, I
also received a requisition from His Excellency, the Governor
of Iowa, for the arrest and extradition of certain citizens of
Mercer county, to answer indictments in Iowa for offenses
alleged to have been committed in connection with this
controversy. I withheld my warrant and wrote the Governor
of low^a a full explanation of the trouble as I understood it,
and suggested to him that for the present at least requisi-
tions would not be issued or insisted upon, and invited him
to co-operate with me to secure a satisfactory adjustment
of the matters in dispute. To these suggestions His Excel-
lency was pleased to agree, and expressed an anxiety to
contribute everything in his power to bring about a speedy
and authoritative settlement. Herewith I will transmit
copies of the more important letters wTitten and received
by me in relation to this subject. They will be sufficient
to give you a fairly comprehensive idea of the situation.
I call especial attention to my letter of February 28, 1894,
to the Governor of Iowa, which was my first communication
to him on the subject. In that letter I sought to outline the
two ways in which I thought it possible to bring the dispute
to a final and authoritative adjustment, and I am happy
to say that my suggestions met the approval of Governor
Jackson. A perusal of the correspondence transmitted will
obviate the necessity of a more detailed explanation on my
part.
I call this matter to the attention of the Senate and
House of Representatives, and express the hope that such
action will be taken without delay, as the gravity of the
case demands. For more than a year, acting on the advice
of the Governor of Iowa and myself, and the assurance that
we would co-operate to bring the controversy as speedily
as possible to some conclusion, a truce has been maintained
between the opposing parties. Still, excitement has not
not been allayed. There is much ill-feeling between the
people, and, in spite of influences exerted to preserve the
peace, serious outbreaks have now and then occurred.
GOVERNOR WILLIAM JOEL STONE 193
I would suggest the enactment of a law authorizing the
appointment of a commissioner, who should be an expert
surveyor, to represent this State. A similar commissioner
should be appointed by the authorities of Iowa. These two
might select a third one, and the Board thus constituted
could locate and mark the line. They should make a joint
report of their proceedings to the Governors of both States,
which 4-eport should be filed in the office of the Secretary
of State.
It might be provided, that when the report should be
made and filed the line thus established should thenceforth
be taken, recognized and accepted by the authorities of this
State, as the true boundary line. The governors of the two
states should thereupon unite in asking the Congress to
pass a bill ratifying and affirming the agreement between
the states, so as to obviate any possible constitutional
objection. In my judgment some proceeding of this char-
acter, entered upon by agreement between the states and
ratified by the Congress, would be the speediest and most
economical method of adjustment. But if you do not concur
in this opinion, I then suggest that you authorize the
Attorney-General to proceed in the Supreme Court of the
United States, as was done when this same state line was
the subject of dispute a half century ago. In my opinion
the executive authority of the State can take no action in
the premises until legislative permission therefor is given.
It will, of course, be necessary to make an appropiiation to
cover so much of the expense as must be borne by this State.
I have no means of making an intelligent estimate of the
amount of that expense. If commissioners are appointed
directly by the Governors of the states, they will have to
be employed under contract. This State will be obliged to
pay the compensation of its own commissioner, and one-
half of that of the third commissioner to be chosen, and also
one-half of other expenses incident to making the survey,
report, etc. If an action is begun in the Supreme Court,
it will be necessary to provide for the expenses of the Attor-
ney-General, and also for such costs as the Court may assess
7
194 MESSAGES AND PROCLAMATIONS OF
against the State. It would be prudent, possibly, to make
an appropriation of $5000, or so much thereof as may be
necessary. The former proceedings in the Supreme Court,
instituted in 1847, cost altogether, I am informed, between
$8000 and $10,000 divided equally between the two states.
The labor performed at that time was greatly in excess of
what I presume wall be necessary in this instance. The
line now in dispute covers a few r miles only, but what w r ill
be required to find the points of beginning and ending, I
do not know. Besides, it is safe to say that the cost of doing
any given work at this time, will be larger than it would
have been for the same work 50 years ago. For this kind
of work perhaps it ought not to be larger, but it is entirely
safe to say that it probably will be. Every effort should be
made to have the work done with as little expense as pos-
sible, and I presume that every effort to that end will be
made. That should follow as a matter of course. But if
the work is entered upon, prudence dictates that a sufficient
fund be provided to prosecute it without delay, confiding
its proper use to those to whom you may see proper to
commit the authority of expending it.
WM. J. STONE.
TO THE HOUSE OF REPRESENTATIVES
JANUARY 21, 1895
From the Appendix to the Journals of the General Assembly, 1895
STATE OF MISSOURI, EXECUTIVE DEPARTMENT, JEFFERSON CITY,
January 21, 1895.
To the House of Representatives:
The following resolution, adopted by the House of
Representatives, has been transmitted to me:
Resolved by the House of Representatives of the Thirty-eighth
General Assembly:
That the Governor, as the principal member of the
Board of Equalization, be requested, at his earliest con-
GOVERNOR WILLIAM JOEL STONE 195
venience, to Inform this House why the State Board of
Equalization, when they found it necessary to increase the
taxable wealth of the State, placed an additional value of
65,000,000 upon the farm property of the State, instead
of increasing the taxable wealth of the railroads until rail-
road property shall bear its equitable share of taxation, as
directed to do by the resolution passed by the House of
Representatives of the Thirty-seventh General Assembly,
and to be found at page 549 of the House Journal.
The most significant feature of this resolution is the
assertion that the State Board of Equalization, at its last
meeting, "'placed an additional value of $65,000,000 upon
the farm property of the State." Acting upon misinforma-
tion, the House has been unwittingly misled into making a
statement which is without foundation in fact, and, pro-
ceeding from that premise, has been betrayed into an un-
warranted criticism of the State officials. It is not true
that the State Board of Equalization at its last meeting
placed an additional value of $65,000,000 upon the farm
property of the State. Nor was any such thing done at
any former meeting of the Board. It has never been done
at all. The resolution, therefore, is predicated upon a
mistake in fact. In view of that I might, with perfect
propriety and without the least discourtesy, dismiss the
matter without further consideration; but inasmuch as it
has been brought to the attention of your honorable body,
it may not be amiss for me to state some facts pertinent to
the subject, which may prove both useful and interesting.
The aggregate assessment of real and personal property
made in 1893 amounted to $854,353,803. That was ex-
clusive of such railroad, bridge and telegraph property as is
assessed by the State Board, and also of certain property
belonging to merchants and manufacturers, assessed under
special statutes. According to the abstracts of the assessors'
books for the year 1894, the real and personal properties of
the State were assessed at $887,279,340. That was an
increase made by the assessors over the assessments of 1893
of $32,925,537. This assessment for 1894 was further in-
196 MESSAGES AND PROCLAMATIONS OF
creased by the State Board of Equalization $37,016,712.
Adding the increase by the State Board to that made by
the assessors, it will be seen that the final assessment of real
and personal property for 1894 was increased over that of
1893 by 69,942,249. That embraces the assessment upon
all real estate in both town and country, including wild or
uncultivated lands, and all descriptions of personal property,
with the exceptions above alluded to.
Of the $32,925,537 increase made in 1894 by the local
assessors, $29,160,145 fell upon three municipalities, namely,
St. Louis city and St. Louis and Jackson counties, leaving
only $3,765,392 of that increase to be distributed among
all the other cities, towns and counties of the State. Of the
$37,016,712 increase made in 1894 by the State Board of
Equalization, $28,172,956 fell upon acre property that is,
upon garden, farm and wild lands. Of the remainder,
$6,023,145 fell upon city and town lots, and $2,820,611 upon
personal property. Eliminating personal property, which
is divided between town and country, from the discussion,
it will be seen that the additional value placed upon farm
or acre property by the State Board of Equalization, in-
stead of being $65,000,000 was only about $28,000,000.
In this connection it is well to note the important and
interesting fact that the increase made in 1894 in the
assessed value of real estate in the two cities of St. Louis
and Kansas City is substantially equal to the increase made
for that year on all the balance of the real estate in all the
cities, towns and counties of the State. By many it is con-
tended that city real estate is assessed relatively much higher
than acre property. This I do not admit, and yet I am not
prepared, with the data at hand, wholly to deny it. I know
it has been the earnest desire of the State Board to treat
all alike, and they have endeavored to secure as great equality
as the nature of the case would admit. The aggregate
amount of taxes paid upon city and town lots is much larger
than that paid upon acre property. The total assessed
valuation placed upon farm or acre property in 1894
amounted to $306,920,048, while that placed upon city and
GOVERNOR WILLIAM JOEL STONE 197
town lots was 387,700,609. The excess of the assessment
on city and town realty over acre property was 80,780,561.
The State tax levied in 1894 on all real estate amounted
to $1,759,579. Of this tax there was levied upon acre
property, in round numbers, the sum. of 767,000, and the
remainder of nearly 1,000,000 was levied upon city and
town lots. The aggregate tax imposed upon city and town
realty w^as about 30 per cent greater than that collected
from acre property. It is undeniably true that a much
larger total revenue is derived from city real estate than
from country real estate; but I am not prepared on that
account to admit that the assessed value of city property
is relatively higher than in the country, notwithstanding
there may seem to be some apparent reason for that con-
tention.
CAUSE OF INCREASE
The increase made by the State Board resulted in-
evitably from the effort to equalize valuations between the
several counties of the State. It is the business of the Board
to equalize assessments, not between individuals or the
subdivisions of counties, but between the counties them-
selves. It was created for that purpose. Its very name
indicates the purpose for which it was established. Section
7514 of the Revised Statutes expressly requires the State
Board to equalize valuations between counties; first, by
adding to the valuation of the property in each county which
they believe to be below its true value in money, such per
centum as will raise it to its true value; and secondly, by
deducting from the valuation in each county, which they
believe to be above the real value in money, such per centum
as will reduce the same to the true value. If the property
in each county is to bear its just proportion of the common
burden, then equalization in assessments is absolutely
essential; and if the members of the State Board are to
observe their obligations to enforce the law, they cannot
escape the duty of making an honest effort to equalize
values as nearly as may be practicable.
198 MESSAGES AND PROCLAMATIONS OF
The local assessments for 1894, as returned to the State
Board, disclosed the grossest inequalities, and if they had
been permitted to stand, great injustice would have eventu-
ated to many counties, and the board been derelict in the
discharge of a plain and positive duty. I will give several
examples by way of illustration. Farm or acre property in
Atchison county, in the northwestern part of the State, was
valued by the assessor at $11.20 per acre, while that of the
adjoining county of Nodaway was assessed at $9.37. Every
member of the House, familiar with these counties, must
know that the lands of Atchison county should not be
assessed at 2 per acre above those of Nodaway. Both are
splendid counties; but I venture the opinion that the real
estate of Nodaway is at least as valuable as that of Atchison;
but the lands of Atchison were assessed about 22 per cent
higher than those of Nodaway. Here, then, was manifest
inequality. But to secure equality it was necessary either
to lower the valuation of one or raise that of the other, or
to do both.
It was in evidence before the Board from well-informed
citizens of Atchison county, embracing county officials,
that the lands of that county were not assessed above, but
far below their real value. There was no reason, therefore,
for reducing the valuations of the assessor. Accordingly
the Board left Atchison county unchanged and added 20
per cent to the valuation placed upon the lands of Nodaway
by the assessor of that county. This resulted in raising the
Nodaway lands to $11.24 per acre, leaving those of Atchison
at $11.20. Was not that increase proper?
For a similar illustration in the southwestern section of
the State, I will instance the counties of Barton and Vernon.
The assessor of Barton county valued the lands of that
county at $7.53 per acre, while those of Vernon were valued
at $6.69 a difference of nearly $1 per acre. But every
southwestern member knows that the money value of the
lands of Vernon county is greater than that of those in
Barton. Accordingly 20 per cent was added to the local
valuation of the Vernon county lands, thereby increasing
GOVERNOR WILLIAM JOEL STOXE 199
the assessment to $8.02 per acre, which is only 49 cents per
acre more than the value placed on the realty of Barton
county. Was not that increase proper?
In Central Missouri I will refer, for an example, to the
counties of Livingston and Chariton. The assessor of Liv-
ingston county valued the lands of that county at $7.56
per acre, while in Chariton they were valued at $6.27. The
Board added 20 per cent to the Chariton valuation, thereby
raising her lands to 7.52 per acre, which still leaves them
4 cents per acre under the valuation of Livingston. Was
not that increase proper?
Again, I refer to the counties of Knox and Putnam, in
the northeast. The lands of Knox were assessed at $7.17
per acre, while those of Putnam were assessed at $4.60, or
a difference of $2.57 per acre. The lands of Knox were
assessed 56 per cent higher than those of Putnam. The
State Board added 40 per cent to the Putnam assessment,
thereby raising the lands there to $6.34 per acre. But even
that is 16 per cent below the value of Knox. Was not that
increase proper?
In the southeast, I might refer to the counties of Perry
and Mississippi. The Perry county assessor valued the
lands of his county at $5.71, while those of Mississippi were
valued at $4.35 a difference of $1.36 per acre. The Board
added 10 per cent to the valuation in Mississippi county,
thereby raising her lands to $4.78 per acre, which still leaves
them nearly $1 per acre under those of Perry. Was not
that increase proper?
These examples, covering every section of the State,
are given that the House may comprehend the character
of the work performed by the Board, and have some insight
into the effort made to effectuate equality in taxable valua-
tions. In order to arrive at the most equitable valuations
possible, the Board first divided the counties into five groups.
In group A it placed those counties whose valuation ex-
ceeded $10 per acre; in group B, those counties valued
between $8 and $10; in group C, counties valued between
$6 and $8; in group D, counties valued between $4 and $6;
200 MESSAGES AND PROCLAMATIONS OF
and In group E 5 counties valued under $4. Every effort
was made to place each county in its proper group and to
run the gradations along a just and equitable scale. While,
in doing this, the valuations in several counties were lowered,
the ultimate effect was a total increase of about $28,000,000.
I am entirely confident that the work of the Board in
this behalf, when thoroughly understood, will receive the
approval of all intelligent, fair-minded and right-thinking
people. No doubt some mistakes have been made, but these
the Board will correct as speedily as possible after they are
made to appear. I do not believe that the good people of
any county of this State would desire or consent to shift
their just proportion of the public burden upon their
neighbors in other counties. If any set of men could obtain
their own consent to such a course, they ought not, in all
fairness to others, to be permitted to have their way. Mis-
sourians are a gallant and high-minded people. They have
a right to insist upon equality, to demand what is fair, and
should be satisfied with nothing less. There may be some,
but I am confident they are very few, who would seek to
escape a just obligation by imposing it upon their neighbors
through subterfuge or deception.
RAILROAD ASSESSMENT
During the last two years very little has been added
to the assessable railroad mileage of the State. In 1893-4
only about 53 miles of road, subject to assessment under the
law, were added. In the year 1893 the railroad properties
of the State were assessed at $64,473,000, which was a
large increase over the assessment of the previous year.
In 1894 railroad properties assessed by the State Board
were valued at $69,365,000, which was an increase of $4,-
892,000 over the assessment of 1893. It should be borne
in mind that there is also a vast amount of railroad property,
both real and personal, particularly at terminal points,
which is not assessed by the State Board, but which, under
the law, is assessed by local authority. This property,
GOVERNOR WILLIAM JOEL STONE 201
however, is always included as a part of the assets of the
corporations in the reports made to the Railroad Com-
missioners by the corporate officials.
I refer to this fact so that it may be seen that the rail-
road corporations pay taxes upon a large amount of property
used in connection with their business other than that
assessed by the State Board of Equalization. In assessing
railroad property the State Board endeavored to ascertain
as nearly as possible the actual value of the property of
each corporation. A docket was prepared and certain
corporations were assigned and set down for hearing on
given days. The various county and railroad officials
interested were notified of the assignments made, both by
letters mailed to them and by advertisements printed in
the metropolitan and local papers, and all persons interested,
or capable of imparting information of value, were urgently
invited to appear before the Board to make such statements,
or to give such information, as they might deem important
to be considered.
The Board has had no wish to make war upon rail-
roads, nor to show them any favors. Under the law, for
purposes of taxation, railroads are simply properties owned
by American citizens; and every consideration of right,
justice and law demands that they be treated exactly as
other property is treated. If they are assessed too low in
comparison with other property, the valuations should be
increased; and for like reason, if they are assessed relatively
too high, the valuations should be lowered. No property
should be either increased or decreased aribtrarily or with-
out good reason. The courts would not, and ought not to,
permit such a thing to be done, even if attempted, particu-
larly if it should result in a gross and manifest inequality
of assessment. The only proper thing to do is to do right,
and to treat all interests with the utmost fairness.
The State Board has labored assiduously to ascertain
as nearly as practicable the actual value of the different
railroad properties, and to assess them substantially as
other property is assessed. During the last two years the
202 MESSAGES AND PROCLAMATIONS OF
valuations of the railroad properties of Missouri, without
any material additions to the assessable mileage, have been
increased about 86,500,000. The increases made in 1894
on many of the lines traversing the State were very large
in the aggregate, and in some instances it was strongly
protested that the increases were exorbitant and excessive.
The superstructure of the Chicago, Santa Fe & California
was increased $2000 per mile for about 200 miles; the super-
structure of the Missouri, Kansas & Texas was increased
$2000 per mile for more than 200 miles; the superstructure
of the 'Frisco was increased $1500 per mile; that of the
Iron Mountain, $1000 per mile; that of the Ozark division
of the Kansas City, Fort Scott & Memphis, $1000 per mile,
and so on.
Like increases were made in 1893. For example, the
main line of the Wabash was increased $1500, and the Santa
Fe $1000 per mile. These increases were made as the out-
growth of a patient and careful inquiry, with at least two
principal objects in view, viz.: First, to equalize the assess-
ments of railroad property as between the roads themselves;
and, secondly, to equalize the valuation of railroad property
with that of other properties. The work necessary to
accomplish these results involves the consideration of a
vast amount of intricate details. It is accompanied by
many difficulties, and its intelligent prosecution requires
the most thoughtful attention and the greatest possible care.
COMPARATIVE VALUATIONS
The Board does not believe that railroads are assessed
at their full value. According to the proof submitted to
the Board, however, it was made reasonably clear that most
of their equipment or rolling-stock is assessed at sums closely
approximating its full value. But the superstructures,
buildings, etc., belonging to these corporations are not
assessed at full value. Neither are the lands of the farmer
or the store-houses of the merchants assessed at full value.
A literal compliance with the assessment law would require
GOVERNOR WILLIAM JOEL STOKE 203
the assessment of all property at Its actual money value;
but before that can be safely done, there should be some
material alterations or amendments to the revenue laws.
The Board has sought to place the valuation of railroad
property fully as high, relatively, as that placed upon other
property; and in the light of all the facts gathered from all
sources by the Board, it has every reason to believe that that
result has been attained. Many citizens and county officials
from the different sections of the State came before the
Board, and from their statements it was made to appear
that lands, taken as a whole, are assessed about one-third
their actual value. After careful inquiry into the value of
each separate road, the Board assessed the property thereof
at what it considered even a higher per cent of the true value
than that imposed upon real estate. As an example, I call
attention to the Chicago & Alton, assessed at $17,590, and
to the Missouri Pacific, assessed at $18,811 per mile; and I
submit that those valuations represent as great a per cent
of the full value of those roads as the per cent assessed upon
the value of other property.
The Missouri, Kansas and Eastern is a new road just
constructed along the north bank of the Missouri river from
Franklin, in Howard county, to St. Louis. It will be assessed
this year for the first time. It is in proof before the Board
that the construction of this road cost less than $20,000 per
mile. If that be true, then it will furnish some basis for
determining the value of the Missouri Pacific, which is a
parallel and competing line. Of course, it is altogether
possible that the Board has in some instances fixed the
values of railroads below what they ought to be in com-
parison with the assessments made upon other descriptions
of property. The duty with which the Board is charged in
making and equalizing assessments is one which should be
discharged, as I have said, with deliberation, discretion and
care. The interests at stake are too important to be dealt
with upon any other basis. The Board is of the opinion that
the assessments made are both just and fair to every interest,
204 MESSAGES AND PROCLAMATIONS OF
but if any mistakes have been made, the Board will be quick
to correct them as soon as they may be discovered.
OTHER STATES
In this connection it will be of interest to note the
valuations of railroad property in other states, made in 1894,
as compared with Missouri. The average valuation per
mile in Iowa is $5293; in Kansas, $6626; in Illinois, $8542;
while in Missouri the assessable mileage is fixed at $11,157.
The assessment in Iowa is only 48 per cent of that in Mis-
souri; in Kansas it is 58 per cent and in Illinois 76 per cent
of that in Missouri. Take Illinois, the next highest to
Missouri, and make a specific comparison. In Missouri
the Chicago & Alton is assessed at $17,590 per mile, while
the same road in Illinois is assessed at only $10,545 per mile.
If similar comparisons should be made of roads extending
from Missouri into Iowa or Kansas, the contrast will appear
all the more marked and striking. Thus it will be seen
that railroad properties in Missouri are assessed very much
higher than in the great states upon our border.
In conclusion, I desire to say that the intimation con-
tained in the resolution adopted by the House that the
State Board had discriminated against farm property and in
favor of railroads in making and equalizing assessments, is
unauthorized by the facts. The increase made by the Board
on farm property was only 4.17 per cent, as against 7.58
per cent of increase on railroad property. I call attention
to the fact that of the $3,037,523 paid into the State treasury
in 1894, about 34 per cent was derived from taxes levied
upon farm property, real and personal; about 40 per cent
was from taxes collected from city and town property, real
and personal; and the remaining 26 percent came from cor-
poration and license taxes and from miscellaneous sources.
I believe it is true that a large amount of property
escapes taxation altogether, and that one or two classes of
property are assessed much too low; but this is due to defects
in the law, and is a matter over which, the State Board has
GOVERNOR WILLIAM JOEL STONE 205
absolutely no control, and which can not be remedied except
by amending the statutes. To this very important work of
revising and amending the revenue laws I invite the atten-
tion and co-operation of the General Assembly. I respect-
fully submit that the public interests can be better promoted
by sincere efforts to enact good and much-needed legislation
than by that hasty adoption of partisan or ill-considered
resolutions.
Of the properties assessed or equalized by the State
Board, I am confident that farm property is not assessed
relatively higher than other property. No pretense is made
that the adjustments as to value are entirely accurate, or
that inequalities do not exist, but I express entire confidence
in the belief that no grievous mistakes have been committed.
WILLIAM J. STONE,
Governor.
TO THE SENATE AND THE HOUSE OF
REPRESENTA TI VES
JANUARY 26, 1895
From the Journal of the Senate, p. 885
STATE OF MISSOTJEI, EXECUTIVE DEPARTMENT, CITY OP JEFFERSON,
January 26, 1895.
To the Senate and House of Representatives:
I have the honor herewith to transmit (through the
House of Representatives) the report of the State Fish Com-
mission. The report is an interesting document. It is
written in a most entertaining style and contains a large
amount of useful information relating to the subject of
pisciculture. The importance of this industry is not suffi-
ciently well understood by the people of this State,
believe if this report could be printed and distributed, the
small expense occasioned thereby would be infinitesimal
in comparison with the great practical good resulting there-
206 MESSAGES AND PROCLAMATIONS OF
from. I take pleasure in commending this report to your
thoughtful attention.
WM. J. STONE.
TO THE SENATE AND THE HOUSE OF
REPRESENTA TI VES
JANUARY 28, 1895
From the Journal of the Senate, p. 126
STATE or MISSOTTKI, EXECUTIVE DEPARTMENT, CITY OF JEFFEKSON,
January 28, 1895.
To the Senate and House of Representatives:
I have the honor herewith to transmit to you (through
the House of Representatives) the biennial report of the
Board of Managers of the Bureau of Geology and Mines,
accompanied by the biennial report of the State Geologist.
The report of Dr. Keyes is intelligent and comprehensive,
and the thoughtful attention of the General Assembly is
invited thereto.
I also have the honor herewith to transmit to you
(through the House of Representatives) the biennial report
of the Adjutant-General, which will put the General Assem-
bly in possession of full information regarding the military
establishment of the State.
I also have the honor herewith to transmit to you
(through the House of Representatives) the report made to
me by the Secretary of the Board of World's Fair Managers
for Missouri, in compliance with an order made by the said
Board, accompanied by the full-term report of J. K. Gwynn,
Executive Commissioner of said Board; and also a report of
E. McD. Coffey, the Treasurer of said Board. An inter-
mediate report made by Mr. Gwynn is also transmitted.
These reports disclose very fully the work done by the
Board, the amount of money received and expended, and the
balance returned to the treasury.
WM. J. STONE.
GOVERNOR WILLIAM JOEL STONE 207
TO THE SENATE AND THE HOUSE OF
REPRESENTA TIVES
JANTTAEY 30, 1895
From the Journal of the Senate, pp. 14-5-146
STATE OF MISSOUKI, EXECUTIVE DEPABTMENT, JEFFEKSON CITY, Mo.,
January 30, 1895.
To the Senate and House of Representatives:
Under the provisions of section 5803 of the Revised
Statutes, it is made the duty of the Superintendent of the
Insurance Department, on or before the second Monday in
February in each year, or as soon thereafter as practicable,
to make a report to the Legislature, if the same be in session,
otherwise to the Governor, to be forwarded by him to the
Legislature, etc.
The report made by the Superintendent in 1894 of his
department for the preceding year was made to me, and the
same has been printed and distributed. A copy of that
report is herewith transmitted to the General Assembly,
through the Senate. This is done simply to conform to the
requirements of the statute, but as it has been already
printed, I suggest there will be no necessity of having it
made a part of the journal.
The report of the operations of the department for the
year 1894 will be made by the Superintendent directly to
the General Assembly as soon as the same can be com-
pleted.
By reference to the last biennial report of the State
Auditor, it will be seen that the amount of State revenue
collected from foreign insurance companies during the year
1893 amounted to $107,918.47, and for the year 1894, to
the sum of $123,297.99, making a total for the two years of
$231,216.46. During the two previous years, 1891-2, the
State taxes collected from such companies, as shown by the
Auditor's report, amounted to $179,628.04. This shows an
increase in the last two years of $51,588.42.
208 MESSAGES AND PROCLAMATIONS OF
I desire to say that Hon, James R. Waddill, who has
had charge of this department during the last two years, has
administered its affairs with the highest degree of efficiency.
I also herewith transmit, for information, to the General
Assembly, by way of the Senate, the first annual report made
to me by the Excise Commissioner of the City of St. Louis.
This office was created by an act passed by the Thirty-
seventh General Assembly, and has now been in operation
about eighteen months. The report herewith transmitted
is for the year ending July 3, 1894. It shows that the total
tax, both State and municipal, collected during the year
reported, amounted to $1,229,668.91. Of this, the city
license tax amounted to $1,011,868.40. During the previous
corresponding year the city license tax imposed on dram-
shops collected amounted to 1861,105.35. Thus it will be
seen that under the administration of Excise Commissioner
Bell the sum of $150,763.05 more city license taxes were
collected than were collected on that account the previous
year.
This result is all the more gratifying in view of the fact
that it was not occasioned by an increase in the number of
saloons; but on the contrary, the Commissioner reports a
very decided decrease in the number of saloons over those
running the year before. He states that during the year he
"closed up about three hundred saloons for non-payment
of licenses and for keeping disorderly places," An increase
of $150,763 in revenue, with a decrease of three hundred
in the number of saloons, is conclusive proof that the act
creating the office of Excise Commissioner was wise and
timely, and the result is highly creditable to the adminis-
tration of the Commissioner. A comparison of the amount
of State license taxes collected during the two years referred
to is not made, because in 1893 the Legislature passed a law
increasing the State license tax above what it was the year
before. While it is true that the State has been equally
as much benefited as the city by the excise law and its
administration, the increase in the State license tax referred
Lo makes a comparison between the collections of the two
GOVERNOR WILLIAM JOEL STONE 209
years more difficult. The city license tax was the same both
years.
WM. J. STONE.
TO THE HOUSE OF REPRESENTATIVES
FEBRUARY 18, 1895
From the Journal of the House of Representatives, p. 5%1
STATE OF MISSOURI, EXECUTIVE DEPARTMENT, JEFFERSON CITY, Mo.,
February 18, 1895.
To the Senate and House of Representatives:
Herewith I have the honor to transmit a communica-
tion sent to me by members of the Missouri Text-book Com-
mission, accompanied by a report of the commission of date
August 22, 1891.
I have the honor to request that the brief letter
addressed to me may be read to your respective houses for
information, and to suggest that the subject-matter receive
legislative attention.
It is the opinion of the gentlemen who have signed this
communication that under the law, as it now stands, the
Commission will expire in 1896, and that the contracts
made between the Commission and publishing houses will
also then expire. These gentlemen are of the opinion,
however, that notwithstanding the expiration of the Com-
mission and the contracts, no other books can be lawfully
used in the public schools except those which have been
selected by the Commission, and which are now being used
throughout the State. If this construction of the law be
correct, then it is clear that the Legislature ought not to
adjourn leaving the statute unrepealed or unamended,
thereby creating a school-book monopoly with all limita-
tions as to price removed.
WM. J. STONE.
Governor.
210 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE AND THE HOUSE OF
REPRESENTA TI YES
MARCH 4, 1895
From the Journal of the Senate, p. 449
STATE OF MISSOURI, EXECUTIVE DEPAKTMENT, CITY OF JEFFEKSON,
March 4, 1895.
To the Senate and House of Representatives:
I herewith transmit (through the House of Representa-
tives) three documents relating to the levee of the St.
Francis river basin, in Southeast Missouri, which have been
placed in my hands, with a request that I submit them for
your consideration. They are resolutions adopted by the
Cotton exchange and by the River committee of the Mer-
chants* Exchange of the City of St. Louis, and also an address
from the St. Francois Levee Board to the Legislature, stating
certain facts and making an appeal for an appropriation to
aid in the work alluded to.
The importance of this work cannot well be over-esti-
mated. It should command, as I have no doubt it will
receive, the most thoughtful and considerate attention of
your honorable bodies.
WM, J. STONE.
TO THE SENATE
MARCH 18, 1895
From the Journal of the Senate, pp. 743-744
STATE OF MISSOURI, EXECUTIVE DEPAETMENT, JEFFERSON CITY,
March 18, 1895.
To the President of the Senate:
I have the honor herewith to return, with my approval
indorsed thereon, Senate bill No. 170, entitled
GOVERNOR WILLIAM JOEL STONE 211
An act to amend section 3(7807) of an act entitled
"An act to repeal section 7806, 7807, 7808, 7809, 7810, 7811
and 7815, of chapter 140, of the Revised Statutes of Mis-
souri, as amended by an act entitled 6 an act to amend
sections 7806 and 7814, of chapter 140, article 1, of the
Revised Statutes of Missouri, relating to roads and high-
ways/ approved April 20, 1891, and enact in lieu thereof
seven new sections," approved March 28, 1893.
I have approved this bill with hesitation, for I am by no
means certain that it can be upheld in the courts if its
enforcement should be resisted. The bill is described in its
title as an act to amend section 3 of a certain described act,
approved March 28, 1893. It provides that said section 3
of the act referred to "be and the same is hereby amended
by striking out the words 'shall be liable to work on roads/
between the word 'appointed/ in the third line, and the
word 'and/ in the fourth line of said section 3, so that said
section when amended shall read as follows;" then follows
the amended section. After this introduction I naturally
expected to find that the section in this bill would correspond
with the section it amended, save and except that the desig-
nated words should be stricken out. Those words are left
out, but the section is also materially changed in other
respects. For instance, under the act of 1893 it was provided
that the county court should assess three days' poll-tax to
each person liable to work on public roads, while this bill
provides that the court shall assess not less than two nor
more than six days' poll-tax; the act of 1893 also provides
that the person assessed with the poll-tax might discharge
the same by paying two dollars in money each year to the
road overseer, while this bill provides that such person
may discharge his poll-tax by paying one dollar in money
to the overseer for each day he may be assessed. The text
of the section, as it appears in the act of 1893 is otherwise
departed from in the bill herewith returned. With con-
siderable hesitation I have reached the conclusion that not-
withstanding these discrepancies the bill, when it becomes a
212 MESSAGES AND PROCLAMATIONS OF
law, can be enforced, although, as above stated, I am not
without doubt as to that.
It Is unfortunate that so little care is taken in the
preparation of laws which are to govern the people, and
which must comply with the requirements of the constitu-
tion if they are to be sustained. I am entirely within bounds
when I say that perhaps one half the bills coming to me for
executive approval are characterized by defects similar in
nature to those to which I direct attention in the present
instance. I call the attention of your honorable body to
these matters, as I have that of the House of Representa-
tives, not in a spirit of criticism, but as the basis of a request,
which I respectfully prefer, that all measures of legislation
may receive the most careful scrutiny of those who take
part in their preparation.
Respectfully,
WM. J. STONE,
Governor.
TO THE HOUSE OF REPRESENTATIVES
MAECH 19, 1895
From the Journal of the House of Representatives, p. 1138
To the Speaker of the House of Representatives:
I have the honor herewith to return, with my approval
indorsed thereon, House bill No. 115, entitled "An act to
repeal sections 4156, 4175, 4177 and 4178 of chapter 48,
article 6, of the Revised Statutes of the State of Missouri,
and enacting in lieu thereof new sections, and to amend
section 4174 of chapter 48, article 6, of the Revised Statutes
of the State of Missouri, relating to changes of venue and
the election of special judges in criminal cases."
I have approved this act because I indorsed its general
purpose and recognize the necessity of some legislation
along the line covered by the bill.
GOVERNOR WILLIAM JOEL STONE 213
I desire, however, to call the attention of the House to
the fact that in the fourth line of the second section of the
enrolled bill, the word "line" in parenthesis was interlined
between the words "fifteenth" and the word "and," and
that the word so interlined appears as erased by having a
line drawn through the same.
This section amends section 4174 of the Revised Statutes
of 1889. The section provides that section 4174 shall be
amended by striking out the words in the fourteenth,
fifteenth and sixteenth lines of said section 4174; then follow
the words stricken out. By reference to section 4174, it
will be seen that the section contains only fifteen lines,
including the catch-words at the top thereof. It was im-
possible, therefore, to strike out any words in the sixteenth
line of the section.
Section 3 of the bill repeals sections 4175 and 4177 of
the Revised Statutes, and in lieu thereof enacts one section,
designated as section 4175. The repeal of the sections indi-
cated and the enactment of the new section was intended,
among other things, to repeal the law authorizing the elec-
tion of a special judge by members of the bar, and in lieu
thereof to authorize the selection of a special judge by an
agreement between the defendant and the prosecuting
attorney, with the concurrence and approval of the court;
but the enrolled bill provides that the defendant and the
prosecuting attorney may, by agreement, "elect," not
"select," a special judge. The same misuse of words appears
in the fourth section of the bill, which repeals section 4178
of the Revised Statutes and enacts a new section in lieu
thereof. Here, also, the word "elect" is used instead of the
word "select."
I desire most respectfully to call attention to these dis-
crepancies or inaccuracies, for the reason that a large number
of the bills coming to me are characterized by defects of this
nature. This can be easily avoided by the exercise of greater
care and scrutiny on the part of those having charge of
bills.
214 MESSAGES AND PROCLAMATIONS OF
I do not submit these observations as a criticism, but
as a basis of a request that care be taken to secure the
greatest possible accuracy in the preparation of bills through
all their stages.
[\VM. J. STONE.]
TO THE SENATE AND THE HOUSE OF
REPRESENTA TI YES
MAKCH 23, 1895
From the Appendix to the Journals of the General Assembly, 1895
STATE OF MISSOURI, EXECUTIVE DEPARTMENT, JEFFERSON CITY,
March 23, 1895.
To the Senate and House of Representatives:
I am officially informed that it is the intention of the
General Assembly to adjourn to day, and I have been asked
if I have any further communication to make to your
honorable body. I desire to say that, in my opinion, the
Legislature ought not to adjourn without agreeing upon an
election law applicable to St. Louis and Kansas City, that
will make fraud at elections more difficult and hazardous,
if it cannot be wholly prevented; nor without agreeing to
and passing some law defining fellow-servants, and pro-
viding for the liability of employers for injuries to one servant
occasioned by the negligence of another. The enactment
of a proper election law is of the highest importance to the
preservation of the most precious rights of a free people in
a popular or representative form of government. It will be
unfortunate if the Legislature adjourns without amending
or improving the present law. The failure to pass a fellow-
servants' law would be unfortunate, if considered alone from
the standpoint of merit; but the defeat of all legislation on
the subject w 7 ould be peculiarly unfortunate at this time,
since it would be a practically acknowledged concession
to influences that cannot be potent in legislative councils
without detriment to the public right and safety.
GOVERNOR WILLIAM JOEL STONE 215
I am fully aware that senators and members are anxious
to be relieved of their duties here and to return to their
homes, but since the subjects of legislation to which I refer
have received very considerable attention, and have been
extensively discussed during the present session, it would
seem that an honorable agreement upon correct lines could
be reached with regard to them by the two houses without
long delay, if an earnest effort should be made to that end.
In response to your inquiry, therefore, I express the
hope that there will be no final adjournment until proper
legislation relating to these special subjects has been agreed
to.
Respectfully,
WM. J. STONE,
Governor.
TO THE SENATE AND THE HOUSE OF
REPRESENTA TI VES
MAY 21, 1895
From the Journal of the Senate, Extra Session, p. 88
STATE OP MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON,
May 21, 1895.
To the Senate and House of Representatives:
1. I have the honor to advise the General Assembly
that an error occurs in the act approved April 11, 1895,
entitled "An act to amend section 40 of an act entitled s an
act to redistrict the State into judicial circuits and to fix
the terms of court therein,' approved April 7, 1892." I
am informed that the engrossed bill, as it passed at the
regular session, provided for three terms of court in Carroll
county, one term to be held in March, one in July and one
in November. By some error in the enrollment the court
for July was left out of the bill, and the November term,
which, in the engrossed bill, was to begin on the first
216 MESSAGES AND PROCLAMATIONS OF
Monday In November, was, by an error, fixed for the third
Monday of that month in the enrolled bill. This latter
error perhaps would not be material except for the fact
that the same act provides for a term of court to begin in
Sullivan county on the same Monday of November. The
effect of this error will be to prevent a court in one of those
counties in November, or in both.
At the urgent request of the people of Carroll county,
I call the attention of the General Assembly to this matter
for the purpose of requesting and authorizing such legisla-
tion in the premises as may be necessary.
2. I also have the honor to advise the General Assem-
bly that at the regular session an act was passed creating
three additional judges of the circuit and criminal courts in
St. Louis. The act authorized the Governor to appoint the
judges until the next general election. I am informed that
the salaries for these judges were provided for in one of the
appropriation bills passed at the regular session, but through
some error of enrollment it was left entirely out of the bill,
and did not appear therein when presented to me for ap-
proval.
The State Auditor informs me that during the regular
session a number of reports and documents were ordered
printed by the General Assembly, to the amount of about
$3300. The work was done by the Tribune Printing Com-
pany in compliance with the direction of your honorable
body, but through some oversight or inadvertence, no appro-
priation was made to pay therefor.
I now submit to the General Assembly the question of
providing for these deficiencies by proper legislative enact-
ment.
Respectfully,
WM. J. STONE,
Governor.
GOVERNOR WILLIAM JOEL STONE 217
TO THE SENATE AND THE HOUSE OF
REPRESENTA TI YES
JANUARY 8, 1897
From the Journal of the Senate, pp. 14-15
STATE OP MISSOURI, EXECUTIVE DEPARTMENT, JEFFERSON CITY,
January S, 1897.
To the Senate and House of Representatives:
I have the honor herewith to transmit (through the
House of Representatives) the eighth biennial report of the
Missouri State fish commission for the years 1895-6. This
report is so comprehensive in its scope and so luminous in
its treatment of the important subject of fish culture that I
take pleasure in commending it not only to your favorable
consideration, but to the attention of the people generally.
It is a document of such value that I believe the public
interests would be promoted by having it printed for general
distribution. The present commission have administered
the affairs committed to them with great intelligence and
fidelity. Pisciculture has made decided progress in the last
four years. Much has been done to disseminate valuable
information on the subject, greatly to the profit of the people,
and it affords me pleasure to congratulate the commission
on the success of their labors.
Respectfully,
WM. J. STONE,
Governor.
218 MESSAGES AND PROCLAMATIONS OF
TO THE SEX ATE AND THE HOUSE OF
REPRESEXTA TI YES
JANUARY 8, 1S97
From the Journal of the Senate, p. 15
STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON,
January 8, 1897.
To the Senate and House of Representatives:
I have the honor to transmit (through the House of
Representatives) the biennial report of the Adjutant-
General of the State, This document covers all matters
of interest relating to the National Guard of Missouri for
the period it embraces. I desire to say in this connection
that the militia of Missouri is an admirable body, composed
of an excellent class of citizens. In my judgment it deserves
to be supported far better than it has been. I believe it
will rarely happen that there will be actual need of em-
ploying the military power in this State; but the State, so
populous and having within it so important interests,
should maintain a well disciplined force of this character.
It is not only a conservative force within the State, but is a
part of the military power of the nation. It preserves the
material spirit of the people and is a source of safety against
domestic insurrection and foreign invasion. I hope it will
be in accord with the sentiment of this General Assembly
to treat the National Guard of the State with greater liber-
ality than heretofore.
Respectfully,
W. J. STONE,
Governor.
GOVERNOR WILLIAM JOEL STONE 219
TO THE SENATE AND THE HOUSE OF
REPEESENTA TI YES
JANTJABY 8, 1897
From the Journal of the Senate, pp. 15-16
STATE OP MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON,
January 8, 1897.
To the Senate and House of Representatives:
Under the provisions of the proposed constitutional
amendment changing the seat of government from Jefferson
City to Sedalia, submitted to the voters at the last general
election, and the provisions of an act passed by the Thirty-
eighth General Assembly, relating to the same subject
matter, it became my duty to employ architects to make
estimates of the value of the public buildings now located
at Jefferson City which would have 'been affected by the
removal of the Capital if the constitutional amendment
had been adopted.
In accordance with the requirements of the said act I
employed Mr. M. Fred Bell of Fulton and Messrs. Link &
Rosenheim of St. Louis to make said estimates. They did
so and submitted their report in accordance with the law.
Their charges for said work amount to the sum of $350
to each, or $700 in the aggregate.
No appropriation was made by the Thirty-eighth
General Assembly to pay this expense, although the Gover-
nor was required by the express terms of the law to have the
estimates made.
Bonds were taken by me in accordance with the act
referred to, under which I believe and hold that the makers
thereof are responsible for this sum. I have made demand
for its payment, but so far it has not been paid.
I agreed with the architects that I would ask an appro-
priation of this General Assembly to pay their charges.
Accordingly, I hereby recommend that said appropriation
220 MESSAGES AND PROCLAMATIONS OF
be made. If the makers of the bonds referred to do not pay
said sum suit can be brought to enforce payment to in-
demnify the State, but the gentlemen who have performed
the service referred to under contract should be promptly
paid by the State.
Respectfully,
WM. J. STONE,
Governor.
TO THE GENERAL ASSEMBLY
JANUARY 8, 1897
From the Journal of the Senate, p. 16
JEFFEBSON CITY, January 8, 1897.
To the Thirty-ninth General Assembly of the State of Missouri:
Gentlemen In accordance with the provisions ex-
pressed in section 5268 of the Revised Statutes of the State
of Missouri (1889) the board of managers of the Bureau
of Geology and Mines begs leave to lay before you (through
the House of Representatives) the following report of the
operations of the bureau during the biennial period just
passed. The board has endeavored to carry out both the
spirit and letter of the law governing the expenditure of the
moneys appropriated for the investigation of the mineral
resources of the State, and, holding always in view the
greatest good to the greatest number, has tried to use these
funds to the best advantage. The details of the progress of
the work are fully set forth in the appended report of the
State Geologist. The plans therein formulated for the
execution of future work heartily commends itself to the
approval of the board, which has every confidence that the
State receives full value for every dollar thus expended in
acquiring knowledge and in disseminating useful informa-
tion regarding our mineral wealth and natural resources.
The following is an exhibit of the expenditures of the
appropriation made by the last General Assembly:
GOVERNOR WILLIAM JOEL STONE
221
Salaries
Special and temporary assistance
Railway fare, wagon Mre and assistance
Printing and binding reports
Engraving maps, plates and cuts
Freight, express, postage, etc
Supplies, books, etc
Printing, binding and maps (contracted for) .
Total ,
$8,015 50
1,909.08
918.02
5,844.97
1,550 91
618.65
422 54
720 33
$20,000.00
The board of managers is fully convinced of the great
importance to the people of the State for the continuance
of the investigations on a liberal basis, and believes that
the State will be amply repaid for all expenditures in the
future, which will enable the work, already begun under
such auspicious circumstances and so well advanced, to be
carried on to completion. While it is fully recognized that
a much larger amount of money than is annually available
would allow the work to go on just that much faster and
get the results before the public just that much sooner, it is
thought that the continuance of a moderate appropriation
will enable the investigations to go on uninterruptedly on
the same satisfactory plan as heretofore. The board there-
fore unanimously recommends to you the propriety of the
following appropriation for the biennial period:
For maintenance (two years)
For printing reports (in press or ready for the press)
For printing reports (completed during biennial period) . .
Total .
$15,000
8,000
7,000
$30,000
The appropriation asked for maintenance is small, and
is the minimum amount upon which the investigations of
our mineral and natural resources should be carried on.
The amount requested for printing is very urgent, and
is not only desirable but necessary, if the results are to be
given to the public promptly. Part of this is for the usual
222 MESSAGES AND PROCLAMATIONS OF
publishing of the reports, that will be furnished and ready
before the end of the biennial term; the estimate is low.
The other part is for the printing of very important and
valuable reports, which have been completed for some time,
and which should not be longer delayed.
In conclusion, your careful consideration is invited to
the detailed report of the State geologist herewith submitted.
WM. J. STONE,
President of the Board.
TO THE SENATE AND THE HOUSE OF
REPRESENTA TI VES
JANUABY 11, 1897
From the Journal of the Senate, p. 17
STATE OF MISSOURI, EXECUTIYE DEPAKTMENT, CITY OF JEFFERSON,
January 11, 1897.
To the Senate and House of Representatives:
I have the honor to transmit (through the House of
Representatives) a list of pardons and commutations granted
by me as required by law.
Table No. 1 shows the list of pardons granted on the
recommendation of the prison physician and inspectors be-
cause of sickness or insanity of the convicts.
Table No. 2 shows the list of pardons granted on cer-
tain public holidays, in pursuance of a custom followed for
many years.
Table No. 3 shows the list of pardons granted on the
merits of the application, with the reasons therefor.
Table No. 4 shows the number of commutations of
sentences granted on the merits of the application, with
the reasons therefor.
Respectfully,
WM. J. STONE,
Governor.
GOVERNOR WILLIAM JOEL STONE 223
TO THE SEX ATE AND THE HOUSE OF
REPRESENTA TI YES
11, 1897
From the Journal oj the Senate, p. 18
STATE OF MISSOUEI, EXECUTIVE DEPAETMENT, CITY OF JEFFERSON,
January 11, 1897.
To the Senate and House of Representatives:
I have the honor herewith to transmit (through the
House of Representatives) the eighteenth biennial report of
the commissioner of labor, etc. This report treats of several
important questions in an unusually clear and interesting
manner. All these are questions of great public importance
and should receive the careful and pains-taking attention
of the General Assembly. Taken as a whole the work of
this bureau in all its branches has been very satisfactory.
The officials have discharged their duties with courage,
intelligence, diligence and efficiency.
Respectfully,
W. J. STONE,
Governor.
TO THE SENATE AND THE HOUSE OF
REPRESENTA TI VES
JANUAEY 11, 1897
From the Journal of the Senate, p. 18
STATE OF MISSOUEI, EXECUTIVE DEPAETMENT, JEFFEESON CITY,
January 11, 1897.
To the Senate and House of Representatives:
I have the honor herewith to transmit (through the
House of Representatives) a communication from his
Excellency, Silas A. Holcomb, Governor of Nebraska, with
224 MESSAGES AND PROCLAMATIONS OF
reference to the Trans-^lississippi Exposition, to be held
at Omaha, Neb., from June to November, 1898. The pur-
poses of this exposition are clearly stated in the letter of
Governor Holcomb, to which I have the honor to invite
your considerate attention. It is proper to say in this con-
nection that I have been requested by a number of promi-
nent business and professional men in the western part of
this State to ask your attention to this subject with the hope
that some action may be taken to have Missouri properly
represented.
Respectfully,
WM. J. STONE,
Governor.
GOVERNOR WILLIAM JOEL STONE 225
PROCLAMATIOXS.
OFFERING A REWARD
JANUABY 11, 1893
From the Register of Civil Proceedings, 1893-1897, pp. 8-9
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS, Charles R. Carter, was convicted of murder
in the first degree in the county of Lawrence, in the State
of Missouri, and afterwards escaped from custody and fled
from justice, and cannot be arrested by ordinary process of
law;
Now, THEREFORE, I, William J. Stone, 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 delivery
of said Charles R. Carter to the sheriff of said county of
Lawrence, at the county seat thereof within six months from
the date of these presents.
In Testimony Whereof I hereunto set my hand and
cause to be affixed the great seal of the State of
(Seal) Missouri. Done at the City of Jefferson on this
llth day of January A. D. Eighteen hundred
and ninety three.
WM. J. STONE.
By the Governor:
A. A. LESUEUR,
Secretary of State.
226 MESSAGES AND PROCLAMATIONS OF
OFFERING A REWARD
MABCH 6, 1S93
From the Register of Civil Proceedings, 1893-1897, p. 25
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS some person or persons, unknown, are charged
with killing E. E. Brown in the City of St. Louis, on March
2nd inst., and have fled from justice, and cannot be arrested
by ordinary process of law,
Now THEREFORE, I William J. Stone, governor of the
state of Missouri, by virtue of authority in me vested,
hereby offer a reward of three hundred dollars each for the
arrest and delivery of said unknown person or persons to
the sheriff of said City of St. Louis, at said city, within one
year from the date of these presents, reward to be paid on
conviction of the party or parties of the crime aforesaid.
In Testimony Whereof I hereunto set my hand
and cause to be affixed the great seal of the State
(Seal) of Missouri. Done at the city of Jefferson, this
6th day of March A. D. 1893.
WM. J. STONE.
By the Governor:
A. A. LESUEUR,
Secretary of State.
OFFERING A REWARD
APRIL 20, 1893
From the Register of Civil Proceedings, 1893-1897, p.
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS, William Rice, charged with killing James
Cunningham in the county of St. Charles, has fled from
justice and cannot be arrested by ordinary process of law;
GOVERNOR WILLIAM JOEL STONE 227
Xo\v THEREFORE, I, William J. Stone, governor of the State
of Missouri, by virtue of authority in me vested, hereby offer
a reward of Two hundred dollars for the arrest and delivery
of said William Rice to the sheriff of said county of St.
Charles, at the county seat thereof within six months
from the date of these presents.
In Testimony Whereof I hereunto set my hand
and cause to be affixed The Great Seal of the
(Seal) State of Missouri. Done at the City of Jefferson
this 20th day of April, A. D. 1893.
WM. J. STONE.
By the Governor:
A. A. LESUEUR,
Secretary of State.
OFFERING A REWARD
APRIL 24, 1893
From the Register of Civil Proceedings, 189S-1897? p. 4.8
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS Frank S. Rowlen, convicted of forgery in the
first degree, in the criminal court of Jackson county, has
fled from justice and cannot be arrested by ordinary process
of law. Now THEREFORE, I, William J. Stone, 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 Frank S. Rowlen to the marshal of the
supreme court of the State of Missouri, at Jefferson City,
within one year from the date hereof
In Testimony Whereof, I hereunto set my hand
and cause to be affixed the great seal of the State
(Seal) of Missouri. Done at the city of Jefferson this
24th day of April A. D. 1893.
WM. J. STONE.
By the Governor:
A. A. LESUEUR,
Secretary of State.
228 MESSAGES AND PROCLAMATIONS OF
OFFEPJXG A REWARD
MAY 6, 1893
From the Register of Civil Proceedings, 1893-1897, p. 48
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS, John Steen, convicted of attempt to poison,
at April term 1892 of the circuit court of Polk county,
has fled from justice and cannot be arrested by ordinary
process of law, Now THEREFORE, I, William J. Stone, gov-
ernor 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 Steen to the marshal of
the Supreme court of the State of Missouri, at Jefferson
City, within one year from the date hereof.
In Testimony Whereof, I hereunto set my hand
and cause to be affixed the great seal of the
(Seal) State of Missouri. Done at the City of Jefferson
this 6th day of May A. D. 1893.
WM. J. STONE.
By the Governor:
A. A. LESUEUR,
Secretary of State.
OFFERING A REWARD
MAY 27, 1893
From the Register of Civil Proceedings, 1893-1897, p. 56
STATE or MISSOURI, EXECUTIVE DEPAKTMENT.
WHEREAS some person or persons unknown, charged
with killing Mrs. Christina Buxton, in the county of Warren,
have fled from justice, and cannot be arrested by ordinary
process of law. Now THEREFORE, I, William J. Stone,
governor of the State of Missouri, by virtue of authority
in me vested, hereby offer a reward of Three hundred Dol-
GOVERNOR WILLIAM JOEL STONE 229
lars each for the arrest and delivery of said person or persons
unknown to the sheriff of said county of Warren, at the
county seat thereof, within one year from the date of these
presents Reward to be paid on conviction of the party or
parties of the crime aforesaid.
In Testimony Whereof I hereunto set my hand and
cause to be affixed the great seal of the State of
(Seal) Missouri: Done at the City of Jefferson this
27th day of May A. D. 1893.
WM. J. STONE.
By the Governor:
A. A. LESXJEUR,
Secretary of State.
OFFERING A REWARD
MAY 29, 1893
From the Register of Civil Proceedings, 1893-1897, p. 57
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS some persons unknown charged with robbing
the Pacific Express Car near the town of Pacific, on the
night of May 24th inst. 1893, in the county of Franklin,
have fled from justice and cannot be arrested by ordinary
process of law, Now THEREFORE, I, William J. Stone,
governor of the State of Missouri by virtue of authority in
me vested, hereby offer a reward of Three hundred dollars
for the arrest of each of the persons implicated in said
robbery, within twelve months from the date hereof.
Reward to be paid upon conviction of the party or parties
of the crime aforesaid
In Testimony Whereof I hereunto set my hand and
cause to be affixed the great seal of the State of
(Seal) Missouri: Done at the City of Jefferson this
29th day of May A. D. 1893.
WM. J. STONE.
By the Governor:
A. A. LESUEUR,
Secretary of State.
230 MESSAGES AND PROCLAMATIONS OF
OFFERING A REWARD
MAY 29, 1893
From the of Civil Proceedings, 1893-1897, p. 58
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS James Murphy McDaniel, charged with ab-
ducting a female under the age of 18 years for the purpose
of concubinage and prostitution, in the county of Miller,
has escaped from jail and fled from justice and cannot be
arrested by ordinary process of law.
Now THEREFORE I, William J. Stone, governor of the
State of Missouri, by virtue of authority in me vested hereby
offer a reward of Fifty dollars for the arrest and conviction
of said James Murphy McDaniel of the crime aforesaid
within twelve months from the date hereof.
In Testimony Whereof, I hereunto set my hand
and cause to be affixed the great seal of the State
(Seal) of Missouri. Done at the City of Jefferson this
29th day of May A. D. 1893.
WM. J. STONE.
By the Governor:
A. A. LESUEUR,
Secretary of State.
OFFERING A REWARD
AUGUST 7, 1893
From the Register of Civil Proceedings, 1893-1897, p. 88
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS Mike Davis, charged with killing James R.
Nicholson in the county of Johnson, has fled from justice,
and cannot be arrested by ordinary process of law:
GOVERNOR WILLIAM JOEL STONE 231
Now THEREFORE, I, William J, Stone, governor of the
State of Missouri, by virtue of authority in me vested hereby
offer a reward of Two hundred and fifty dollars for the
arrest and delivery of said Mike Davis to the sheriff of said
county of Johnson, at the county seat thereof, within one
year from the date of these presents; reward to be paid on
conviction of the crime aforesaid.
In Testimony Whereof, I hereunto set my hand
and cause to be affixed the great seal of the State
(Seal) of Missouri. Done at the City of Jefferson on
this 7th day of August A. D. 1893.
WM. J. STONE.
By the Governor:
A. A. LESUEUR,
Secretary of State.
OFFERING A REWARD
AUGUST 23, 1893
From the Register of Civil Proceedings, 1893-1897, p. 89
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS, some persons to me unknown are charged
with robbing the Wells Fargo through express car, attached
to St. Louis & San Francisco train No. 4, at St. James, in
the county of Phelps, on the morning of August 17th 1893,
and have fled from justice and cannot be arrested by ordi-
nary process of law:
Now THEREFORE, I, John B. O'Meara, Lieutenant and
acting governor of the State of Missouri by virtue of au-
thority in me vested, hereby offer a reward of Two hundred
dollars for the arrest and delivery of each of said unknown
persons to the sheriff of said county of Phelps at the county
seat thereof, within one year from the date of these presents:
reward to be paid on conviction of the party or parties of
the crime aforesaid.
232 MESSAGES AND PROCLAMATIONS OF
In Testimony Whereof, I hereunto set my hand
and cause to be affixed the great seal of the State
(Seal) of Missouri Done at the City of Jefferson, this
23rd day of August A. D. 1893.
JNO. B. O'MEARA.
By the Lieutenant and Acting Governor:
A. A. LESUEUR,
Secretary of State.
OFFERING A REWARD
SEPTEMBEB 28, 1893
From the Register of Civil Proceedings, 1893-1897, p. 101
STATE OP MISSOUBI, EXECUTIVE DEPARTMENT.
WHEREAS, Reason Farbush, charged with killing Gran-
ville Hayes, in the county of Howard, has fled from justice
and cannot be arrested by ordinary process of law.
Now, THEREFORE, I, William J. Stone, governor of the
state of Missouri by virtue of authority of law in me vested,
hereby offer a reward of Two hundred dollars for the arrest
and delivery of said Reason Farbush to the sheriff of said
county of Howard, at the county seat thereof, within one
year from the date of these presents.
In Testimony Whereof, I hereunto set my hand
and cause to be affixed the great seal of the State
(Seal) of Missouri. Done at the city of Jefferson this
28th day of September A. D. 1893.
WM. J. STONE.
By the Governor:
A. A. LESUEUR,
Secretary of State.
GOVERNOR WILLIAM JOEL STONE 233
OFFERING A REWARD
OCTOBER 7, 1893
From the Register of Civil Proceedings, 1893-1897, p. 105
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS some person or persons unknown are charged
with wrecking a passenger train of the St. Louis and San
Francisco Railway Company on September 30th 1893, In
the county of Greene, and have fled from justice and cannot
be arrested by ordinary process of law. Now THEREFORE,
I, William J. Stone, governor of the State of Missouri, by
virtue of authority in me vested, hereby offer a reward
of three hundred dollars each for the arrest and final con-
viction of every person guilty of the crime aforesaid This
offer to stand good for one year from the date hereof.
In Testimony Whereof I hereunto set my hand and
cause to be affixed the great seal of the State
(Seal) of Missouri. Done at the City of Jefferson this
7th day of October A. D. 1893.
WM. J. STONE.
By the Governor:
A. A. LESUEUR,
Secretary of State.
OFFERING A REWARD
OCTOBER 7, 1893
From the Register of Civil Proceedings, 1893-1897, p. 105
STATE OF MISSOURI, EXECUTIVE DEPARTMENT.
WHEREAS Oliver Herner, convicted of burglary and lar-
ceny in the county of Clinton, has escaped from jail, and
cannot be arrested by ordinary process of law. Now
THEREFORE, I, William J. Stone, governor of the State of
234 MESSAGES AND PROCLAMATIONS OF
Missouri, by virtue of authority In me vested, hereby offer
a reward of two hundred dollars for the arrest and delivery
of said Oliver Herner to the sheriff of said county at the
county jail thereof within one year from the date of these
presents:
In Testimony Whereof, I hereunto set my hand
and cause to be affixed the great seal of the State
(Seal) of "Missouri Done at the city of Jefferson this
seventh day of October A. D. 1893.
WM. J. STONE.
By the Governor:
A. A, LESUEXJR,
Secretary of State.
OA 7 THANKSGIVING
NOVEMBER 8, 1893
From the Register of Civil Proceedings, 1893-1897, pp.
STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON".
The President of the United States, according to custom,
has fixed the fifth Thursday of the present month as a day
of Thanksgiving Likewise, in pursuance of an honored
custom, long observed in this commonwealth, I supplement
the act of the president by appointing the same day as one
of thanksgiving in this state and request that the people of
Missouri will observe the day expressing their gratitude
to Almighty God for His kindness in the past, and invoking
his Divine blessing in the future.
In Witness Whereof, I have hereunto set my hand
and caused to be affixed the Great Seal of the
(Seal) State of Missouri this eighth day of November
A. D. 1893.
WM. J. STONE.
By the Governor:
A. A. LESUEUR,
Secretary of State.
GOVERNOR WILLIAM JOEL STONE 235
OA r RELINQUISHMENT OF LAND
FBBEUAET 18, 1895
From the Register of Civil Proceedings, 1898-1897, pp. 298-299
To all to whom these presents shall come Greeting:
Know Ye That WHEREAS under the provisions of the act
of Congress, approved September 28 1850 entitled "An act
to enable the State of Arkansas and other states to reclaim
the swampt-lands within their limits: the Surveyor general
of the United States for the District of Missouri, reported
to the Commissioners of the General Land Office the follow-
ing described tract, piece or parcel of land in the District
of Lands subject to sale at Warsaw now Boonville, Missouri,
as inuring to the State of Missouri under the act of Congress
aforesaid to wit: The West half of the South West quarter
of section Seventeen, township thirty six, North, range
twenty-one, West; and WHEREAS the above described tract
of land, by a clerical error in the General Land Office at
Washington was designated and described as the West
half of the South West quarter of section seven, township
thirty-six, North, range twenty-one West, and this last
described tract of land was inadvertently carried into the
United States Swamp Land Patent No. 9, dated September
25, 1865, for Warsaw, now Boonville District, Mo. and
WHEREAS, In View of the fact that the said "West Half of
the South West quarter of section Seven, township Thirty-
six, North Range twenty-one west," was never selected nor
claimed by the State as swamp-land, and that the corre-
sponding tract in Section Seventeen, Township thirty six,
North, Range twenty-one West, was intended to be in-
cluded in said Patent No. 9, dated September 25th 1865,
and WHEREAS, The county court of Hickory County, Mis-
souri, by an order of record made on the 5th day of Feb-
ruary 1895, in accordance with the provisions of Section
6483 Revised Statutes of Missouri, 1889, authorized the
236 MESSAGES AND PROCLAMATIONS OF
Governor of the State of Missouri to relinquish the title to
the United States of the West half of the South west quarter
of Section seven township thirty six, North, Range twenty
one, west, in State of Missouri for the W ^ of the S. W. M
of Section 17, Township 36, N, Range 21 West.
Now THEREFORE, Be it Known, that 1, William J.
Stone, governor of the State of Missouri, by virtue of author-
ity in me vested, by the provisions of Section 6483, Revised
Statutes of Missouri 1889, and in consideration of the prem-
ises hereinbefore recited, do hereby release and forever
relinquish unto the United States of America all right, title
claim or interest whatsoever of the said State of Missouri in
and to the land described as the West half of the South West
quarter of section Seven Township thirty six, north, Range
twentyone west, intending hereby to restore this land back
to the control of the United States as fully as if said patent
had never been issued.
In Testimony Whereof I, William J. Stone, Gov-
ernor of the State of Missouri, have caused these
letters to be made patent and the great seal of
the State to be hereunto affixed, Given under
(Seal) my hand at the city of Jefferson this eighteenth
day of February in the year of our Lord One
thousand eight hundred and Ninety-five.
WM. J. STONE.
By the Governor:
A. A. LESUEUR,
Secretary of State.
CALLING AN EXTRAjSESSION OF THE GENERAL
ASSEMBLY
APRIL 3, 1895
From the Journal of the Senate, Extra Session, pp. 4-5
STATE OF MISSOURI, EXECTJTIYE DEPARTMENT, JEFFERSON CITY.
For a number of years the State has been disgraced by
an organized and salaried lobby maintained by special
GOVERNOR WILLIAM JOEL STONE 237
interests at the capital during the sessions of the General
Assembly, for the purpose of influencing legislative action.
Encouraged by a seeming lack of public resentment at their
presence, and emboldened by repeated successes, these
lobbyists have been from year to year increased in numbers,
influence and audacity, until they have become an almost
dominating force in legislation. So confident have they
grown in their strength, and so potent in influence, that
they now ply their vocation almost without disguise, in
defiance of public authority and in utter contempt of public
opinion. It has come to pass that almost every important
measure of legislation must undergo the scrutiny of the
lobby before its fate can be determined. What it approves
is not without hope, but what it condemns is lost. Per-
haps the most conspicuous illustration of this disgraceful
domination is to be found in the treatment accorded the
so-called fellow-servants' bill. I do not now discuss the
merits of the measure; I refer only to the means adopted
to suppress and defeat it. Those means have been so gener-
ally discussed in the press of the State, and the people have
thus become so familiar with them, that I deem it unneces-
sary to restate them in detail.
A number of Senators and Representatives, as well as
many good citizens who have felt appalled at the over-
shadowing influence and humiliated at the triumph of the
lobby, have pressed upon me the importance of reconvening
the General Assembly, to the end that the issue may be
fairly presented and an open test made as to whether a just
legislative measure of this character can be enacted into
law in spite of the contaminating influence of those who
openly boast their ability to direct the current of legislation.
These are strong words, I know, and I write them with the
keenest regret. But it is clear to me that the time for mild
protest is past. We are confronted by the question whether
the people or the lobby shall rule in Missouri. The public
safety and the honor of the State are at stake. Every
Senator, member, public official and citizen familiar with
the truth^ knows that these words are justified by the situa-
238 MESSAGES AND PROCLAMATIONS OF
tion at Jefferson City. I believe the condition of affairs
to which I have adverted is alone sufficient to make it my
imperative duty to recall the Senators and Representatives
elected by the people in special session, to consider the par-
ticular important subject of legislation to which I have
referred, which has been so long delayed and so often de-
feated by influences dangerous to the public right. In this
way it can be considered free from the multitude of other
perplexing questions incident to a regular session, and thus
every Senator and Representative can be afforded un-
hampered opportunity to discharge his duty to his con-
stituency with the greatest deliberation and intelligence.
But there is another question of the most commanding
importance, the proper settlement of which should not be
delayed. I refer to the laws governing elections in St. Louis
and Kansas City. In the preservation of a free representa-
tive government, nothing is so important as the purity of
elections. Generally throughout this State I am confident
elections are characterized by high integrity. But, un-
fortunately, this is not true in the large cities. It is known
that gross frauds have been committed in those cities. The
inducement and opportunity for corrupt practices in large,
populous municipalities are great, and experience proves
that dishonest men of all parties have not been slow to
debauch the elective franchise. Not a few consummate and
dastardly outrages have been perpetrated. Candor will
compel a general admission that the disgrace of election
frauds is fairly divided between the adherents of the different
political organizations. The truth of this statement is
made evident by the fact that both Republicans and Demo-
crats, so-called, have been recently indicted in St. Louis
and Kansas City for active participation in such frauds.
In one of the wards in Kansas City, which has a "boss"
so conspicuous and potent that the ward is currently referred
to as his ward, there are twice as many voters registered as
there are adult males residing therein. This "boss" is a
noted Republican politician. In the same city it is well
known that election returns have been fraudulently changed
GOVERNOR WILLIAM JOEL STONE 239
In the office of the Recorder of Voters, so as to alter the
result at the polls as certified by the judges of election.
The officer under whose administration this crime was com-
mitted was a Democrat.
When such wrongs are not only possible but are actually
and boldly committed, it is evident that the public safety
imperatively requires such changes in the law T as will not
only terminate existing abuses but prevent their repetition
in future. This is a question which affects the rights and
interests of the people of the entire State almost as vitally
as it does the people of the cities immediately concerned.
When w T e reflect that about one-fourth of the total popula-
tion of the State reside in St. Louis and Kansas City, and
consider the tremendous influence which those cities can
exert in the election of national and state officials, and on
the legislative policies of the State, no thoughtful or patriotic
citizen can be oblivious or indifferent to the paramount
importance of vigilantly guarding the ballotbox against
every description of fraud and crime.
Therefore, in view of the premises, and by virtue of
authority in me vested by the Constitution of the State of
Missouri, I, William J. Stone, Governor of the State of
Missouri, do hereby convene the Thirty-eighth General
Assembly of the State of Missouri in extra 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
12 o'clock noon on Tuesday, the 23d day of April, A. D.
1895, for the following purposes:
First To enact such legislation as may be necessary
and expedient to properly define the relations between the
different classes of employes of railroad corporations in this
State, and also th^ proper relations between all such em-
ployes and the railroad corporations employing them, and
to define and fix the legal liability between the different
employes themselves, and also between such employes and
the said railroad corporations, for injuries done or received
by one of such employes as the result of the culpable negli-
240 MESSAGES AND PROCLAMATIONS OF
gence of another such employe, while engaged in the service
of such corporations.
Second To provide such legislative enactments as may
be necessary and expedient to prevent the maintenance of
an organized lobby at the capital ol the State, either to
obstruct or promote any legislative or executive act, and
also to regulate the manner of presenting any question
affecting legislation by persons interested therein before the
General Assembly, or any committee thereof.
Third To enact such laws as may be necessary and
expedient to prevent fraud against the elective franchise
and to secure honest elections in all cities having over 100,000
inhabitants.
Fourth To consider any other subject that may be
submitted by special message during said extra session.
Fifth To make an appropriation for the expenses of
this extra session of the General Assembly.
In Testimony Whereof, I have hereunto set my
hand and caused to be affixed the great seal oj
(Seal) the State of Missouri. Done at the City of
Jefferson, this 3d day of April, 1895
WILLIAM J. STONE.
By the Governor:
A. A. LESUEUR,
Secretary of State.
ON RELINQUISHMENT OF LAND
DECEMBER 27, 1895
From the Register of Civil Proceedings, 1893-1897, pp. 401-403
The State of Missouri, to all to whom these Presents shall
come Greeting.
WHEREAS the United States, on the Twentyfirst day
of September A D 1895, by their certain Patent, No. 7,
conveyed certain lands hereinafter described to the State
GOVERNOR WILLIAM JOEL STONE 241
of Missouri for the use and benefit of the Cairo and Fulton
Railroad Company, consolidated, and now known as the
Saint Louis, Iron Mountain and Southern Railway Company
and its assigns
And WHEREAS, said patent contained and set forth the
following recitals, to wit:
And WHEREAS, by the act of Congress, approved July
28 1866 being "An act to revive and extend the provisions
of an act granting the right of w r ay and making a grant of
land to the States of Arkansas and Missouri, to aid in the
construction of a railroad from a point upon the Mississippi
opposite the mouth of the Ohio river, via Little Rock to the
Texas Boundary, near Fulton in Arkansas, with branches
to Fort Smith and the Mississippi River, approved February
9th, 1853, and for other purposes"
And WHEREAS, it is further enacted "that there is
hereby granted, added to, and made part of the donation
of lands hereby renewed and made subject to the same uses
and trusts, and under the same custody, control, and condi-
tions and to be held and disposed of in the same manner as
if included in the original grant, all the alternate sections
and parts of sections designated by odd numbers, being
along the outer line of lands heretofore granted, and within
five miles on each side thereof, excepting lands reserved or
otherwise appropriated by law, or to which the right of pre-
emption or homestead settlement has attached;" and by
the Act of May 6, 1870, extending the time for completion
of the first section of twenty miles of roads. And WHEREAS,
the sections and parts of sections of lands inuring to the
State of Missouri in aid of the construction of said Cairo
and Fulton Railroad, which has been consolidated, and
known as the Saint Louis, Iron Mountain and Southern
Railway Company of Missouri and Arkansas, there have
been duly selected and reported to this office in accordance
with the act aforesaid and the rules and regulations of the
General Land Office, as shown by the original list of selec-
tions, made by the Land Agent of said railway company
on file in the General Land office.
2 12 MESSAGES AND PROCLAMATIONS OF
And WHEREAS pursuant to the act of Congress afore-
said the described lands have been patented by
the United States to the Siale of Missouri, for the use and
of the Cairo and Fulton Railroad Company, con-
and now known as the Saint Louis, Iron Mountain
and Southern Railroad Company, on the twenty first day
of 1895 Patent Xo. 7, Saint Louis, Iron Mountain
Southern Railroad Lands, to wit:
North of base line and East of Fifth principal meridian,
State of Missouri, Township twenty four range five. The
North half of the Northwest quarter of section eleven, con-
eighty acres. Township twenty five range six.
The East half of the South west quarter of section eleven,
containing Eighty acres. Township twenty six range six.
The south East quarter of the North East quarter of section
thirty five, containing forty acres. Township twenty six,
range seven. The North west quarter of the south west
quarter of section thirty five, containing forty acres, the
said tracts of land as described in the foregoing make the
aggregate area of (240.00) two hundred and forty acres.
Now THEREFORE, Know Ye, That the State of Mis-
souri, in consideration of the premises, has given and granted
and by these presents does give and grant unto the said
Cairo and Fulton Railroad Company, consolidated, and
now known as the Saint Louis, Iron Mountain and Southern
Railway Company, and to its assigns, all the right, title
and interest accruing to the State of Missouri as such trustees,
or otherwise, by virtue of said patent, the tracts of land
above described: To Have and to Hold the said tracts
together with all the rights privileges, immunities and
appurtenances thereto belonging, unto the said Saint Louis,
Iron Mountain and Southern Railway Company, and to its
successors and assigns forever*
In Testimony Whereof, I William J. Stone governor
of the State of Missouri have caused these letters
to be made Patent, and the great seal of the
(Seal) State of Missouri to be hereunto affixed. Given
under my hand at the City of Jefferson, this
GOVERNOR WILLIAM JOEL STONE 243
twenty seventh day of December in the year of
Our Lord One thousand eight hundred and ninety
five.
WM. J. STONE.
By the Governor:
A. A. LESUEUR,
Secretary of State.
ON RELINQUISHMENT OF LAND
MARCH 2, 1896
From ike Register of Civil Proceedings, 1898-1897, pp. 4^4-427
The State of Missouri: To all to whom these Presents shall
come Greeting:
WHEREAS, the United States on the twenty-first day
of February A D 1896, by their certain patent No. 8
conveyed certain lands hereinafter described to the State of
Missouri for the use and benefit of the Cairo and Fulton
Railroad Company, consolidated, and now known as the
Saint Louis, Iron Mountain and Southern Railway Com-
pany and its assigns:
And WHEREAS, said patent contained and set forth the
following recitals, to wit: And, WHEREAS, by the Act of
Congress, Approved July 28, 1866, being "An act to revive
and extend the provisions of an act granting the right of
way and making a grant of land to the States of Arkansas
and Missouri, to aid in the construction of a railroad from a
point upon the Mississippi opposite the mouth of the Ohio
River, via Little Rock to the Texas Boundary, near Fulton
in Arkansas, with branches to Fort Smith and the Mississippi
River, approved February 9, 1853, and for other purposes"
And WHEREAS it is further enacted "that there is hereby
granted, added to and made part of the donation of lands
hereby renewed and made, subject to the same uses and
trusts and under the same custody, control and conditions*
244 MESSAGES AND PROCLAMATIONS OF
and to be and disposed of In the same manner as if
included In the original grant, all the alternate sections and
parts of sections designated by odd numbers, being along
the outerllne of lands heretofore granted and within five
miles on side thereof, excepting lands reserved or
otherwise appropriated by law, or to which the right of
preemption or homestead settlement has attached: "And
by the act of May 6, 1870, extending the time for comple-
tion of the first section of twenty miles of road, And WHERE-
AS, the sections and parts of sections of lands inuring to
the State of Missouri, in aid of the construction of said Cairo
and Fulton Railroad, which has been consolidated, and
known as the Saint Louis Iron Mountain and Southern
Railway Company of Missouri and Arkansas, there have
been duly selected and reported to this office in accordance
with the act aforesaid and the rules and regulations of the
General Land office, as shown by the original list of selec-
tions made by the land agent of said railway company on
file in the General land office. And WHEREAS, pursuant to
the act of congress aforesaid, the following described lands
have been patented by the United States to the State of
Missouri, for the use and benefit of the Cairo and Fulton
Railroad Company, consolidated, and now known as the
Saint Louis, Iron Mountain and Southern Railway Com-
pany, on the twentyfirst day of February 1896, patent No.
8 Saint Louis, Iron Mountain and Southern Railroad
lands, to wit:
North of base line and east of the Fifth Principal
Meridian, State of Missouri Township twenty-two, range
two. The lot numbered nine of the South East quarter and
the lot numbered thirteen of the Southwest quarter of
section twenty-five containing forty-one acres and eighty
hundredths of an acre.
Township twenty-two, range three. The North west
quarter of the South east quarter of section three, containing
forty acres. The North half of the North west quarter of
section nineteen, containing fifty five acres and seventeen
GOVERNOR WILLIAM JOEL STONE 245
hundredths of an acre The South fractional part of the south
west quarter (North of State line) of section thirty three,
containing eight acres and twenty hundredths of an acre.
Township twenty-two, range four, The North west quarter
of the South east quarter of section seven, containing forty
acres. Township twenty-four Range four. The South
West quarter of the North East quarter of section twenty-
five containing forty acres. The North East quarter of the
North West quarter of section thirty-five, containing forty
acres. Township twenty-four range five. The South halt
of the lot numbered one of the North West quarter of section
thirty one, containing forty acres. Township twenty-four,
range six. The West half of the lot numbered two of the
North west quarter of section five, containing forty-nine
acres and sixty four hundredths of an acre. Township
twenty five, range six. The north half of the South East
quarter of section one containing eighty acres. The North
West quarter of the North West quarter. The North West
quarter of the South East quarter and the East half of the
South East quarter of section eleven, containing one hundred
and sixty acres The South East quarter of the South West
quarter of section thirteen, containing forty acres. Town-
ship twenty six Range Six. The South West quarter of the
North East quarter of section thirty five, containing forty
acres.
Township twenty-five range seven. The West half of
the North East quarter of section nine, containing Eighty
acres. Township twenty-six range seven. The South half
of the Northeast quarter, the Northwest quarter of the
Northwest quarter, the southwest quarter of the southwest
quarter and the east half of the southwest quarter of section
nine, containing two hundred and forty acres. The North
half of the lot numbered one of the northwest quarter of
section thirty-one, containing thirty seven acres and fifty
three hundredths of an acre.
Township twenty-seven Range eight. The lot num-
bered four or the Northeast quarter of the southwest quarter
248 MESSAGES AND PROCLAMATIONS OF
of seventeen, containing fifty-three acres and twenty
of an acre. The lots numbered three and four
of the Southwest quarter of section nineteen, containing
seventy nine acres and seventy two hundredths of an acre.
Township twenty-seven Range Nine.
The lots numbered seven and eleven and the west half
of the lot numbered nine of the Northwest quarter of section
one, containing one hundred acres and eighty eight hun-
dredths of an acre. The southeast quarter of the southwest
quarter, the southeast quarter of the southeast quarter
and the west half of the southeast quarter of section five,
containing one hundred and sixty acres. The northeast
quarter of the northwest quarter of section nine, containing
forty acres.
Township twenty-three Range Fifteen The southeast
quarter of the south west quarter of section one, containing
forty acres. The said tracts of land as described in the
foregoing make the aggregate area of (1506.14) one thousand
five hundred and six acres and fourteen hundredths of an
acre. Now THEREFORE, Know Ye That the State of Mis-
souri, in consideration of the premises, has given and granted,
and by these presents does give and grant unto the said
Cairo and Fulton Railroad Company, consolidated, and
now known as the Saint Louis, Iron Mountain and Southern
Railway Company, and to Its assigns, all the right, title
and interest accruing to the State of Missouri, as such trustee,
or otherwise, by virtue of said patent, the tracts of land above
described: To have and to hold the said tracts together
with the rights, privileges, immunities and appurtenances
thereto belonging, unto the said Saint Louis Iron Mountain
and Southern Railway Company, and to its successors and
assigns forever.
In Testimony Whereof, I, William J. Stone gover-
nor of the State of Missouri, have caused these
letters to be made patent, and the great seal
(Seal) of the State of Missouri to be hereunto affixed.
Given under my hand at the City of Jefferson
GOVERNOR WILLIAM JOEL STONE 2 17
this second day of March In the year of Our
Lord one thousand eight hundred and ninety-six,
\VM. J. STONE.
By the Governor:
A. A. LESUEUR,
Secretary of State,
OA T FILING OF BOND FOR REMOVAL OF CAPITAL
TO SEDALIA
APEIL 30, 1896
From the Register of Civil Proceedings, 1893-1897, pp. 447-450
WHEREAS The Thirty Eighth General Assembly of
the State of Missouri, on the twentieth day of February
A. D. 1895, by a concurrent resolution of the two houses
thereof, submitted to the qualified voters of the said state
a proposed amendment to the constitution of said state
providing for the removal of the seat of government of the
said state from the City of Jefferson to the City of Sedalia,
and also providing for the donation of grounds to the State,
and for the erection thereon, without expense to the state,
of a capitol building, supreme court building, armory and
executive mansion equal or superior in area stability and
architectural merits to the buildings now owned by the
state and used for said purposes at the City of Jefferson;
and WHEREAS The said Thirty-eighth General Assembly
afterwards passed an act, approved March 18, 1895, pro-
viding, among other things, that when any proposed amend-
ment to the constitution of the state shall be submitted to
the qualified voters thereof, changing the seat of government
therein, and providing for the erection of new public build-
ings and the donation of grounds for such buildings without
expense to the state, it shall be lawful, and be the duty of,
the city or county within which the seat of government is
proposed to be located, either directly, or through some
248 MESSAGES AND PROCLAMATIONS OF
or persons In lieu thereof, to deposit with the gover-
nor securities, bonds or obligations as he may deem
sufficient to guarantee the execution of such buildings and
the donation of such grounds without expense to the State,
as well as to guarantee in addition, the faithful performance
of any other provisions of such proposed amendment to the
Constitution; and WHEREAS, the said mentioned act of
the General Assembly further provides that the amount
of the securities, bonds or obligations to be deposited with
the governor shall be the estimated cost of erecting such
buildings and procuring such grounds as the proposed amend-
ment may provide for, together with the cost of carrying
out any other provisions of such proposed amendment:
also provides that for the purpose of determining the
cost of such buildings the governor shall take the advice
of some competent architect or architects; and WHEREAS
the said mentioned act further provides that the securities,
bonds or obligations to be deposited with the governor
shall be so deposited on or before the first day of May
next prior to the general election at which such proposed
constitutional amendment is to be voted upon and that if
the said securities are satisfactory to the governor he shall
proclaim the same by proclamation:
Now, THEREFORE, I, William J. Stone, governor of
Missouri hereby proclaim:
First, That in the month of December, 1895, I employed
two competent architects, viz. M. Fred Bell of Fulton and
W. B. Ittner, of the firm of Link, Rosenheim and Ittner of
St. Louis, to estimate the cost of erecting new capitol,
armory, supreme court and library buildings, and new execu-
tive mansion, equal in all respects to those now owned by
the state at Jefferson City. The architects made their
estimates on the basis of reproducing the buildings now in
use. The present buildings, estimated on that basis, were
valued at 1594,204.00.
Second, That I was unable to procure definite and
certain information as to the cost of purchasing grounds at
GOVERNOR WILLIAM JOEL STONE 249
Sedalia for the reason that that could not be done until the
grounds are selected and no selection of grounds can be
made unless, and until after, the proposed amendment is
adopted; but I have had estimates made by leading real
estate dealers at Sedalia of the probable cost of suitable
grounds in Sedalia equal in area to the capitol and mansion
grounds now owned by the State at Jefferson City. It is
estimated by them that such grounds can be procured at a
maximum cost of $10,000.
Third, That after careful enquiry I estimated that the
additional cost or expense above the cost of grounds and
buildings, incident to the submitting of the proposed amend-
ment and the removal of the seat of government, should
the amendment be adopted, and from the payment of which
the state is entitled under the law to be indemnified, cannot
exceed 5,000.00.
Fourth, That after said estimates were made and sub-
mitted to a committee of citizens representing the City of
Sedalia, to wit: on the 20th day of April 1896, the following
described bonds were filed with me as governor, under the
provisions of the said recited act of the General Assembly,
approved March 18, 1895, to wit: 1st a bond signed by
James Stewart & Co., Alexander M. Stewart and James
Stewart, as principals, and by the American Surety Com-
pany of New York as security (for and in lieu of the City of
Sedalia and the county of Pettis) in the penal sum of six
hundred thousand dollars payable to the State of Missouri,
upon condition that if the said proposed constitutional
amendment shall be adopted by the voters of the state,
and if the obligors in said bond shall furnish the plans and
all materials and labor for, and pay all expenses incurred
in the construction of a suitable capitol building at Sedalia
equal in floor area and appointments to the present capitol
and supreme court buildings, and an armory and governor's
mansion likewise similar or superior to the present armory
and governor's mansion, at and upon the grounds selected
for that purpose at Sedalia by the commission designated in
250 MESSAGES AND PROCLAMATIONS OF
the said amendment, and shall deliver over to the
of Missouri, or to the said commission all of said build-
constructed and completed according to the terms of
the said proposed amendment, without cost or expense to
the state, and shall do and perform each and everything
necessary and required to be done with relation to the erec-
tion and completion of said buildings by the terms of said
proposed amendment, then said bond shall be void, other
wise to remain in full force. This bond I accepted on the
said 20th day of April 1396, as being satisfactory to me, and
hereby proclaim the same as above stated.
2nd Also a bond signed by the following citizens of
Sedalia, to wit: D. H. Smith, S. H, Beiler, W. N. Johns,
John N. Daily, J. C. Van Riper, R. H. Moses, D. C. Metsker,
Samuel C. Gold, J. B. Quigley, W. L. Porter, Morris
Haner, C. E. Messerly, E. C. Maison, J. E. Ritchey, F. E.
Hoffman, J. H. Menz, Jno D. Crawford, C, W. Robbins,
McLaughlin Bros., H. H. Marcan, Wm Courtney, W. H.
Powell, Jr. Edward Hurley, and John Waddell (and which
was signed by them for and in lieu of the City of Sedalia)
in the penal sum of fifteen thousand dollars, payable to the
State of Missouri, upon condition that if the City of Sedalia
or the county of Pettis, or some person or persons in lieu
thereof, shall do and perform all the acts and things law-
fully required to be done and performed by and under the
terms of the said proposed amendment to the constitution,
and the said cited act of the General Assembly, so as to
indemnify and save the state harmless from all and every
outlay or expense incurred by the state, its officers or agents
in procuring grounds for the erection of public buildings at
Sedalia, or in performing and carrying out any other pro-
vision of such proposed constitutional amendment or said
cited act of the General Assembly, then the said bond shall
be void, otherwise to remain in force. This bond 1 accepted
on the said 20th day of April 1896, as being satisfactory,
and hereby proclaim the same as above stated.
GOVERNOR WILLIAM JOEL STONE 251
In Testimony Whereof, I have hereunto signed my
name and caused to be affixed the great seal of
(Seal) the State of Missouri. Done at the City of
Jefferson this thirtieth day of April, A D. 1896.
WM. J. STONE.
By the Governor:
A. A. LESUEUR,
Secretary of State.
MESSAGES AND PROCLAMATIONS OF
MEMORANDA OF PROCLAMATIONS AND WRITS
OF ELECTION.
MARCH 21, 1893
From the of Civil Proceedings, 1893-1897, p. 81
The Governor, in accordance with section 8785, R. S.
1889, having approved of the quarantine regulations adopted
by the Slate Board of Agriculture establishing and defining
a quarantine line for the purpose of preventing the spread
of contagious disease among cattle, issued his proclamation
promulgating said regulations, and ordering that the same
be observed and enforced throughout the state.
OCTOBEB 12, 1893
From the Register of Civil Proceedings, 1893-1897, p. 106
The Governor, under the approval of the executive
committee of the state Board of Agriculture, issued an
order modifying the quarantine regulations promulgated
March 21st 1893, so as to exclude from the infected area
described in said regulations the counties of Benton,
Washington, Carroll, Madison, Boone, Newton, Marion,
Searcy, Baxter, Stone, Fulton, Izard, Sharp, Independence,
Lawrence, Randolph, Greene and Clay in the State of Ar-
kansas and promulgated said order by proclamation of this
date.
NOVEMBEB 10, 1893
From the Register of Civil Proceedings, 1898-1897, p. 115
The Governor issued his proclamation offering a reward
of Three hundred dollars for the arrest and conviction of
Jesse G. B. Jones charged with killing Isaiah Jackson in
Miller county; reward to stand good for one year.
GOVERNOR WILLIAM JOEL STONE 253
NOVEMBER 10, 1893
From the Register of Civil Proceedings, 1893-1897, p. 115
The Governor issued his proclamation offering a reward
of Two hundred dollars for the arrest and conviction of
Joe Cole charged with killing Daniel Mitchell in St Charles
County; reward to stand good for one year.
NOVEMBER 10, 1893
From the Register of Civil Proceedings, 1893-1897, p. 116
The Governor issued his proclamation offering a reward
of One hundred and fifty dollars each for the arrest and
conviction of Joe Corbett and Williams charged
with killing one Gilbert in St Charles County ;
reward to stand good for one year.
NOVEMBER 13, 1893
From the Register of Civil Proceedings, 1898-1897, p. 117
The Governor issued his proclamation offering a reward
of Two hundred dollars for the arrest and conviction of
Marion King charged with killing Eli Hobbs in Daviess
County; reward to stand good for two years.
NOVEMBER 21, 1893
From the Register of Civil Proceedings, 1898-1897, p.
The Governor, on the 15th day of April 1893 issued a
state certificate of indebtedness, under section 8820, R. S.
1889, to the State Board of Education, in trust for the State
Seminary Fund, for the sum of Two thousand dollars, pay-
able in twenty years after date with five per centum interest,
254 MESSAGES ANB PROCLAMATIONS OF
OE the first days of January and July said Interest
to be to the maintenance of the School of Mines and
Metallurgy at Rolla, Missouri.
XOTEMBEB 21, 1893
the of Proceedings, 1893-1897, p.
The Governor, on the 15th day of May 1893 Issued a
state certificate of indebtedness, under section 8820 R. S.
1889, to the State Board of Education, in trust for the
State Seminary Fund, for the sum of Five thousand dollars,
payable In twenty years after date, with interest at the rate
of five percentum per annum payable on the first days of
January and July; said Interest to be applied to the mainte-
nance of the State University.
DECEMBER 1, 1893
From the Register of Civil Proceedings, 1898-1897, p.
The Governor issued his proclamation offering a reward
of Three hundred dollars for the arrest and conviction of each
of the persons, unknown, charged with killing one J. Corn-
stock In Cedar county said reward to stand for one year
from the date hereof.
JANTTABY 15, 1894
From the Register of Civil Proceedings, 1893-1897, p.184
The Governor issued a proclamation offering a reward
of Three hundred dollars for arrest and conviction of the
unknown persons who on the 10th of January 1893, forcibly
stopped a train on the Burlington railroad near St Joseph
and robbed the Express Car attached to said train Reward
to stand good for one year.
GOVERNOR WILLIAM JOEL STONE 235
JANUARY 27, 1894
From the Register of Civil Proceedings, 1893-1897, p. 141
The Governor Issued a proclamation offering a reward
of One hundred and fifty dollars for the arrest and con-
viction of Walter Crabtree (he to be delivered to the sheriff
of Henry County) who is charged with killing John Leech
in said county Reward to stand good for one year.
MABCB 8, 1S94
From the Register of Civil Proceedings, 1898-1897, p. 155
The Governor having, In accordance with section 8785
R. S. 1889, approved of the quarantine regulations adopted
by the State Board of Agriculture, establishing and defining
a quarantine line for the purpose of preventing the spread
of contagious disease among cattle, Issued his proclamation
promulgating said regulations and ordering that the same be
observed and enforced throughout the state.
MABCH 28, 1894
From the Register of Civil Proceedings, 1893-1897, p. 161
The Governor Issued a proclamation offering a reward
of three hundred dollars for the arrest and delivery of E. B.
Loper, a fugitive from justice to the sheriff of Cass county
and for his conviction of the crime of killing his wife and two
children Reward to stand good for one year.
APEIL 7, 1894
From the Register of Civil Proceedings, 1893-1897, p. 165
The Governor issued a proclamation offering a reward
of Two hundred dollars for the arrest and conviction of
Alfred Devore charged with raping Alta Jefferies said
reward to stand good for one year from date.
MESSAGES AND PROCLAMATIONS OF
MAY 19, 1894
Prom the of Civil Proceedings, 1893-1897, p. 177
The Governor issued a proclamation offering a reward
of three hundred dollars each for the arrest and conviction
of William P. Taylor and George E. Taylor charged with
killing Gus Meeks, and his wife and two children in the
county of Linn about May 11 1894; said reward to stand
good for one year from date.
MAT 19, 1894
From the Register of Civil Proceedings, 1893-1897, p. 177
The Governor issued a proclamation offering a reward
of Three hundred dollars for the arrest and conviction of
each of the unknown persons charged with robbing a bank
at South West City and with killing J. C. Seabourn while
attempting to escape; said reward to stand good for one
year from date and payable on conviction of either of said
crimes.
JUNE 25, 1894
From the Register of Civil Proceedings, 1893-1897, p. 190
The Governor issued a proclamation promulgating the
action of the State Board of Agriculture exempting and
excluding from the quarantine regulations of the 8th of
March 1894 the counties of Searcy, Stone and Independence
in the State of Arkansas.
JULY 23, 1894
From the Register of Civil Proceedings, 1893-1897, p. 198
The Governor issued a proclamation offering a reward
of three hundred dollars for the arrest and conviction of the
unknown murderers of C. L. Moore and wife reward good
for two years.
GOVERNOR WILLIAM JOEL STONE 257
AUGUST 20, 1894
From the Register of Civil Proceedings, 1893-18Q7, p. 208
The Governor issued a proclamation recommending
the observance of the third day of September as Labor day.
SEPTEMBER 18, 1894
From the Register of Civil Proceedings, 1898-1897, p. SIS
The Governor issued a proclamation offering a reward
of Two hundred dollars for the arrest and conviction of
C. W. White a fugitive from justice, charged with em-
bezzling moneys coming into his hands as a public officer
Reward to stand good for one year from this date.
OCTOBER 10, 1894
From ike Register of CiM Proceedings, 1898-1897, p. 220
The Governor issued a proclamation offering a reward
of three hundred dollars for the arrest and delivery of
Columbus Hayes to the sheriff of Andrew county within one
year.
NOVEMBEK 13, 1894
From the Register of Civil Proceedings, 1898-1897, p.
The Governor issued a proclamation designating Thurs-
day November 29th as Thanksgiving day and recommended
its observance.
2,18 MESSAGES AND PROCLAMATIONS OF
NOVEMBER 20, 1894
From the of Ciiil Proceedings, 1893-1897, p. 235
The Governor issued a proclamation offering a reward
of three hundred dollars for the arrest and conviction of
Lane Britton charged with murder.
NOVEMBER 26, 1894
From the Register of Cinl Proceedings, 1893-1897, p.
The Governor issued a proclamation offering a reward
of two hundred dollars for the arrest and conviction of
Wm L. Barnett charged with embezzlement as a public
officer.
DECEMBER 3, 1894
From the Register of Civil Proceedings, 1898-1897, p.
The Governor issued a proclamation offering a reward
of Two hundred dollars for the arrest and delivery of Chas
F. alias Frank Huffman to the sheriff of Cooper county.
DECEMBER 7, 1894
From the Register of Cinl Proceedings, 1893-1897, p. $63
The Governor issued a proclamation offering a reward
of $300 for arrest and delivery of Joseph Ryan (to the sheriff
of Clark County within one year from date) charged with
assaulting R. P. Corey.
GOVERNOR WILLIAM JOEL STONE 259
DECEMBER 8, 1894
From the Met/ister of Civil Proceedings, 1893-1897, p. tG5
The Governor Issued proclamations offering rewards for
the arrest and delivery of the following fugitives from
justice:
James French sentenced to the penitentiary for arson
by the Supreme Court, one hundred dollars:
Thomas Sanford sentenced to the penitentiary by the
Supreme Court for assault with intent to ravish Two
hundred dollars.
Luther Russell sentenced to the penitentiary by the
supreme court for assault to kill one hundred dollars
Bridget Flynn, sentenced to the penitentiary by the
Supreme Court for grand larceny One hundred dollars.
DECEMBER 21, 1894
From the Register of Civil Proceedings, 1893-1897, p. 276
The Governor issued a proclamation offering a reward
of two hundred dollars for the arrest and conviction of
Grant Freeman charged with killing Mace Smith.
JANUARY 3, 1895
From the Begister of Civil Proceedings, 1893-1897, p. 280
The Governor issued a proclamation offering a reward
of three hundred dollars for the arrest and delivery of James
Owens to the sheriff of Buchanan county within one year
from date.
260 MESSAGES AND PROCLAMATIONS OF
JASUABY 11, 1895
ike of Civil Proceedings, 1893-1897, p.
The Governor issued a proclamation offering a reward
of three hundred dollars for the arrest and delivery of Mike
Davis to the sheriff of Pettis county within one year from
date.
JAXUABY 14, 1895
From the Register of Civil Proceedings, 1893-1897, p. 284
The Governor issued a proclamation offering a reward
of three hundred dollars for arrest and conviction of the
unknown murderers of Price Ditch.
JANUAKY 16, 1895
Pr&m the Register of Cinl Proceedings, 1893-1897, p. 287
The Governor issued a writ of election to the sheriff of
Carroll ordering an election to be held in said county on
the 29th day of January 1895 for the election of a representa-
tive in the legislature to fill the vacancy in the House of
Representatives of the 38th General Assembly caused by the
death of the Honorable Allen D. Richards.
JANTIAEY 25, 1895
From the Register of Civil Proceedings, 189S-1897, p. 290
The Governor issued a proclamation offering a reward
of two hundred dollars for the arrest and conviction of
Charles Taylor charged with rape.
GOVERNOR WILLIAM JOEL STONE 261
JANUARY 25, 1895
Pram ike Register of Civil Proceedings, 1 893-1897 9 p. 290
The Governor issued a proclamation offering a reward
of One hundred dollars for the arrest and conviction of
James Perkins charged with burglary and larceny committed
in Scott County.
MABCH 11, 1895
From the Register of Civil Proceedings, 1893-1897, p. SOB
The Governor having in accordance with law, approved
the quarantine regulations adopted by the State Board of
Agriculture, (establishing and defining a quarantine line
for the purpose of preventing the spread of contagious
disease among cattle,) did, on the 6th day of March 1895
issue his proclamation promulgating said regulations and
ordering the same observed and enforced throughout the
State of Missouri.
MARCH 11, 1895
From the Register of Civil Proceedings, 1893-1897, p. 309
The Governor having in accordance with law approved
the quarantine regulations adopted by the State Board of
Health to prevent the introduction and spread of disease in
the State Penitentiary, did on the 9th day of March 1895,
issue his proclamation promulgating said regulations and
ordering the same observed and enforced throughout the
state.
MARCH 28, 1895
From the Register of Civil Proceedings, 189S-1897, p. S16
The Governor issued a proclamation vacating from and
after July 1st 1895 all commissions issued to commissioners
of deeds prior to the 1st day of January 1885.
282 MESSAGES AND PROCLAMATIONS OF
MARCH 28, 1895
the of Civil Proceedings, 1893-1897, p. 316
The Governor Issued a proclamation offering a reward
of three hundred dollars for the arrest and conviction of
each of the unknown train robbers who held up and robbed
Iron Mountain train Xo. 54 on March 27, 1895, said reward
io stand good for one year.
APRIL 2, 1895
From the Register of Civil Proceedings, 1898-1897, p. 318
The Governor issued a writ of election to the sheriff of
Oregon county ordering an election to be held in said county
April 16th 1895 for the election of a representative in the
38th General Assembly to fill the vacancy caused by the
death of Hon. J. B. Old.
APRIL 3, 1895
From the Register of Civil Proceedings, 1893-1897, p. S18
The Governor issued a proclamation convening the
Thirty Eighth General Assembly in Extra Session on the
23rd day of April 1895.
APRIL 25, 1895
From the Register of Civil Proceedings, 1893-1897, p.
The Governor Issued a proclamation offering a reward
of One hundred dollars for the arrest and delivery of C. F.
Holton alias Kelly to the sheriff of Dunklin County within
one year from date.
GOVERNOR WILLIAM JOEL STONE 263
MAT 11, 1895
From the Register of Civil Proceedings, 1893-1897, p. 330
The Governor Issued a proclamation offering a reward
of One hundred dollars for the arrest and delivery of Jacob
Byron Baker to the sheriff of Moniteau County within one
year.
MAY 31, 1895
From the Register of Civil Proceedings, 1893-1897, p. SS8
The Governor issued a proclamation offering a reward
of One hundred dollars for the arrest and delivery of Alfred
Devore, a fugitive from justice, to the sheriff of Pulaski
county, and his conviction of the crime of rape with which
he is charged. Said reward to stand good for one year from
this date.
JUNE 29, 1895
From the Register of Civil Proceedings, 1898-1897, p. $49
The Governor issued a proclamation offering a reward
of two hundred dollars each for the arrest and conviction of
the unknown murderers of Daniel H. Stone.
JULY 1 1895
From the Register of Civil Proceedings, 1898-1897, pp. 349-350
The Governor in behalf of the State of Missouri on the
15th day of April 1895, issued a certificate of indebtedness,
under section 8818 R. S. 1889, to the State Board of Educa-
tion of said state, in trust for the State Seminary Fund, for
the sum of Five Thousand dollars, payable fifty years after
284 MESSAGES AND PROCLAMATIONS OF
date with interest at the rate of five per cent, per annum
payable on the first days of July and January of each year;
Interest to be applied three fourths to the maintenance
of the State University and one fourth to the maintenance
of the School of Mines at Rolla, Missouri.
3, 1895
From the Register of Civil Proceeding*, 1893-1897, p. 351
The Governor issued a proclamation offering a reward
of One hundred dollars for the arrest and conviction of
William Wright charged with the murder of his wife in
Yernon county on the 29th of June 1895.
JULY 13, 1895
From the Register of Civil Proceedings, 1898-1897, p, 354
The Governor issued a proclamation offering a reward
of One hundred dollars for the arrest and delivery of Mick
F. Davis to the sheriff of the county of Butler.
JULY 16, 1895
From the Register of Civil Proceedings, 1893-1897, p. 355
The Governor issued a writ to the sheriff of Caldwell
county commanding him to arrest one Jerome L. Johnson
and deliver him to the Warden of the Missouri penitentiary,
said Jerome L. Johnson having returned to the state of Mis-
souri in violation of the conditions of the pardon issued to
him on the Second of July 1891, and commanding the warden
of the penitentiary to receive said Jerome L. Johnson and
confine him in said penitentiary there to serve out the
sentence of the Supreme Court rendered at its October
term 1882.
GOVERNOR WILLIAM JOEL STONE 265
JULY 20, 1895
From the Register of Civil Proceedings, 1893-1897, p. 857
The Governor issued a proclamation offering a reward
of One hundred dollars for the arrest and conviction of the
unknown murderer or murderers of James E. Ousborn good
for one year.
JULY 29, 1895
From the Register of Civil Proceedings, 1893-1897, p. 359
The Governor issued a proclamation offering a reward
of One hundred dollars for the arrest and conviction of
W. J. Ray charged with killing A. C. Grain July 23, 1895,
in the County of Christian. Reward good for one year.
JULY 31, 1895
From the Register of Civil Proceedings, 1898-1897, p. 860
The Governor, in behalf of the State of Missouri, on the
1st day of July 1895, issued a certificate of indebtedness to
the State Board of Education of said state, in trust for the
State Seminary Fund, for the sum of Twenty Two Thousand
eight hundred and eighty-one dollars and nineteen cents,
payable fifty years after date, with interest at the rate ol
five per cent, per annum, payable on the first day of July
and January of each year; said interest to be applied three
fourths to the maintenance of the State University at Co-
lumbia and one fourth to the maintenance of the School of
Mines at Rolla.
266 MESSAGES AND PROCLAMATIONS OF
AUGUST 1, 1895
the of Civil Proceedings, 1893-1897, p. 860
The Governor issued a proclamation offering a reward
of One hundred dollars for the arrest and conviction of Ab.
Mead charged with killing William Agan in Lawrence
County July 22nd, 1895 reward to stand good for one year.
SEPTEMBEK 7, 1895
From the Register of Ciml Proceedings, 1893-1897, p.
The Governor issued a proclamation offering a reward
of One hundred dollars for the arrest and conviction of the
unknown person or persons who burned district school house
In district No 2 - 44 - 12 in the county of Cole on September
1st 1895.
SEPTEMBER 21, 1895
From the Register of Civil Proceedings, 1898-1897, p. 375
The Governor Issued a proclamation offering a reward
of two hundred dollars for the arrest and conviction of the
person who committed rape upon Miss Ollie Franie Reward
to stand good for one year from date.
OCTOBER 2, 1895
From the Register of Civil Proceedings, 1898-1897, p. 378
The Governor issued a proclamation offering a reward
of one hundred and fifty dollars for the arrest and conviction
of Wiley Laycock, Geo Laycock and Bell Laycock, (or
proportional part thereof for the conviction of either of
them) charged with killing Price Hopkins reward to stand
for one year.
GOVERNOR WILLIAM JOEL STOKE 207
OCTOBEB 11, 1895
From the Register of Civil Proceedings, 1893-1897, p, $81
The Governor Issued a proclamation offering a reward
of One hundred and fifty dollars for the arrest and convic-
tion of John Hartley of the crime of killing William Lack
said reward to stand good for one year.
NOVEMBER 11, 1895
From the Register of Civil Proceedings, 189S-1897, p, $87
The Governor issued a proclamation designating Thurs-
day November 28th 1895 as thanksgiving day and recom-
mended its observance by the people of Missouri.
NOVEMBEB 11, 1895
From the Register of Civil Proceedings, 1893-1897, p. 387
The Governor issued a proclamation offering a reward
of One hundred and twenty five dollars for the arrest and
conviction of the unknown persons who burned the school
building in school district No. 4-44-16 in Moniteau county
Reward good for one year.
DECEMBEB 20, 1895
From the Register of Civil Proceeding*, 1893-1897, p. 399
The Governor issued a proclamation offering a reward
of two hundred and fifty dollars for the arrest and conviction
of Lane Britton, charged with murder, reward to stand good
for one year.
268 MESSAGES AND PROCLAMATIONS OF
FEBBUAET 7,
the of Proceedings, 1393-1897, p. 415
The Governor issued a proclamation offering a reward
of Three hundred dollars for the arrest and conviction of
the unknown persons, or either of them, who robbed a train
crew near Nassau Junction Jany 15th 1896 said reward to
stand good for one year.
FEBRUARY 26, 1896
From ike Reffister of Civil Proceedings, 1893-1897, p.
The Governor issued a proclamation offering a reward
of Two hundred dollars for the arrest and delivery of L. P.
Burns to the sheriff of Pemiscot and his conviction of the
crime of killing J. W. Shoemake in said county Jan. 28,
1896 said reward to stand good for one year from date of
proclamation.
FEBBTJARY 28, 1896
From the Register of Civil Proceedings, 1893-1897, p.
The Governor issued a proclamation offering a reward
of three hundred dollars for the arrest of Joseph Ryan
charged with killing R. P. Cora and for his conviction of
the crime aforesaid said reward to hold good for the period
of one year from date.
FEBETTABY 29, 1896
From the Register of CiM Proceedings, 1898-1897, p.
The Governor issued a proclamation offering a reward
of two hundred dollars for the arrest and conviction of Wm.
Emerson charged with killing Isaac Ray in St. Clair county
Jan'y 1896, said reward to stand good for one year from
date.
GOVERNOR WILLIAM JOEL STONE 289
FEBRUARY 29, 1896
From the of Civil Proceedings, 1893-1897, p. 423
The Governor Issued a proclamation promulgating and
ordering observed and enforced throughout the state the
quarantine regulations adopted by the State Board of
Health to prevent the introduction and spread of disease
in the State penitentiary.
MABCH 2, 1896
From the Register of Civil Proceedings, 1893-1897, p.
The Governor issued a proclamation promulgating and
ordering observed and enforced throughout the State the
quarantine regulations adopted by the State Board of
Agriculture establishing and defining a quarantine line for
the purpose of preventing the spread of contagious diseases
among cattle.
MARCH 9, 1896
From the Register of Civil Proceedings, 1893-1897, p. 480
The Governor issued a proclamation offering a reward
of two hundred dollars for the arrest and conviction of the
unknown murderers of William J. Looney said reward to
stand good for one year.
MARCH 27, 1896
From the Register of Civil Proceedings, 1893-1897, p* 4S6
The Governor issued a proclamation offering a reward of
three hundred dollars for the arrest and conviction of Un-
known persons who robbed an Iron Mountain railroad
train.
270 MESSAGES AND PROCLAMATIONS OF
MARCH 28, IS96
Pmm the of Civil Proceedings, 1893-1897, p. 437
The Governor Issued a proclamation offering a reward
of One hundred dollars for arrest and delivery of Cyrus
S. Craft who escaped from jail of Pulaski County March
22, 1896.
MARCH 30, 1896
From ike Register of Civil Proceedings, 1893-1897, p. 4S8
The Governor issued a proclamation offering a reward
of One hundred dollars for the arrest and conviction of the
unknown persons who assisted in the escape of prisoners
from the Pulaski County jail on the night of the 22nd of
March 1896.
APEIL 6, 1896
From the Register of Civil Proceedings, 1893-1897, p. 4S9
The Governor issued a proclamation offering a reward
of one hundred and fifty dollars for arrest and conviction
of person who burned a store in Barry Co.
APEIL 6, 1896
From ike Register of Ciml Proceedings, 1898-1897, p. 440
The Governor issued a proclamation offering a reward
of $300 for the arrest and conviction of Jake Weber alias
"Dutch Jake 55 and John Brien alias Red O'Brien charged
with robbing a bank at Savannah,
GOVERNOR WILLIAM JOEL STONE 271
APRIL 13, 1896
From the Register of Civil Proceedings, 1893-1897, p. 442
The Governor issued a proclamation offering a reward
of Two hundred dollars for the arrest and delivery of George
Taylor to the sheriff of Carroll county within one year
from date.
APRIL 18, 1896
From the Register of Civil Proceedings, 1898-1897, p. 443
The Governor issued a proclamation offering a reward
of Two hundred dollars for arrest of Jos. Wilkerson charged
with killing Jame Sechrist in Lafayette county on Apl
15, 1896, and his conviction of the crime aforesaid re-
ward good for one year.
MAY 9, 1896
From the Register of Civil Proceedings, 1893-1897, p. 4$$
The Governor issued a proclamation offering a reward
of three hundred dollars for the arrest and delivery of E.
B. Soper, charged with killing his wife and two children,
to the sheriff of Cass co. Good for one year.
16, 1896
From the Register of Civil Proceedings, 1893-1897, p. 462
The Governor issued a proclamation offering a reward
of three hundred dollars for the arrest and delivery of
Columbus Hayes to the sheriff of Andrew County, at the
county seat, within one year from date.
272 MESSAGES AND PROCLAMATIONS OF
JUNE 20, 1S&6
From the of Proceedings, 1893-1897, p.
The Governor Issued a proclamation offering a reward
of One hundred and fifty dollars for arrest and conviction ot
George Lucas charged with killing Charles Smith in the
county of St. Charles.
JUNE 29, 1896
From the Register of Civil Proceedings, 1893-1897, p. 468
The Governor issued a proclamation offering a reward
of three hundred dollars for arrest and delivery of Nobel
Shepard to the Sheriff of St. Louis within one year.
JULY 14, 1896
From the Register of Civil Proceedings, 1898-1897, p. 471.
The Governor issued a proclamation offering a reward
of three hundred dollars for the arrest and conviction of
Ed. McKenzie charged with murder reward good for one
year from date.
JULY 15, 1896
From the Register of Civil Proceedings, 1898-1897, p. 472
The Governor issued a proclamation offering a reward
of ?200 dollars for arrest and conviction of unknown per-
sons who robbed the store of Marshall and Tatum at Noel
McDonald county reward to stand for one year.
GOVERNOR WILLIAM JOEL STONE 273
SEPTEMBER 8, 1896
From the Register of Civil Proceedings, 1893-1897, p. 487
The Governor issued a proclamation offering a reward
of two hundred dollars for the arrest and conviction of
Henry Banks charged with killing George Cassaboone.
OCTOBER 12, 1896
From the Register of Civil Proceedings, 1893-1897, p. 498
The Governor issued a proclamation offering a reward
of Three hundred dollars for the arrest and conviction of
the unknown murderer or murderers of Mathew Clark of
Clay county.
OCTOBER 26, 1896
From the Register of Civil Proceedings, 1898-1897, p. 501
The Governor issued a proclamation offering a reward
of two hundred dollars for the arrest and conviction of James
Albright and Joseph Albright charged with killing Isaac
Large in the county of Mississippi reward good for one
year.
OCTOBER 30, 1896
From the Register of Civil Proceedings, 1893-1897, p. 504
The Governor issued a proclamation offering a reward
of two hundred dollars each for the arrest and conviction of
the unknown persons who robbed the express car of the
Chicago and Alton Railroad Company Oct 23rd 1896
provided the said persons are sentenced to the penitentiary
or if, said persons are sentenced to death then reward to be
three hundred dollars each.
274 MESSAGES AND PROCLAMATIONS OF
NOVEMBER 2, 1890
From &e of Proceedings, 1893-1897, p. 505
The Governor issued a proclamation offering a reward
of from one hundred to three hundred dollars for the arrest
conviction of each person convicted of fraud, bribery,
coercion or intimidation or attempting to commit any of
crimes or wilfully violating any of the provisions of the
election law at the general election to be held in the cities
of St. Louis and Kansas City, Nov. 3, 1896.
NOVEMBER 12, 1896
From the Register of Civil Proceedings, 1893-1897, p. 508
The Governor issued a proclamation designating Thurs-
day the 26th of November 1896 as Thanksgiving day and
recommended its observance by the people of Missouri.
NOVEMBER 16, 1896
From the Register of Civil Proceedings, 1898-1897, p. 510
The Governor issued a proclamation offering a reward
of two hundred dollars for the arrest and conviction of J.
D, Frier charged with killing C. B. Hacker reward to
stand good for one year.
NOVEMBER 30, 1896
From the Register of Civil Proceedings, 1893-1897, p.
The Governor having, as required by law, opened the
certificates from the several counties in each electoral dis-
trict of the State of Missouri, certifying the election of
electors of president and vice-president at the general elec-
GOVERNOR WILLIAM JOEL STONE 275
tlon held on the third day of November 1896: and having
examined said certificates and added up the vote from the
several counties and the city of St. Louis, ascertained there-
by, and did on the 30th day of November 1896 declare,
that there were duly elected as electors for president and
vice president of the United States the following persons
to wit: Dewitt C* Allen and Thomas B. Anderson electors
at large:
Christopher C. Fogle first district
Gideon F. Rothwell second district
William D Hamilton third district
James J. Shoecroft fourth district
Wiley 0. Cox fifth district
Clement C. Dickinson sixth district
Charles J Wilkins seventh district
Arcus L Douglas eighth district
Thomas S. Cunningham ninth district
William G. Frye tenth district
Felix E. Gunn, eleventh district
Daniel L, Hatton twelfth district
Robert Lamar thirteenth district
Simeon A. Handy fourteenth district
John B. Cole fifteenth district
and on said 30th day of November the governor certified
the ascertainment and facts aforesaid under the great seal
of the State to the Secretary of State of the United States
as required by the act of Congress of February 3rd 1887,
and also duly notified each of said electors of their election
and requested them to meet at the Capitol in Jefferson City
on the Second Monday in January A. D. 1897.
DECEMBEB 12, 1896
From the Register of Civil Proceedings, 1898-1897, p. 633
The Governor issued a proclamation offering a reward
pf one hundred dollars each for the arrest and conviction of
278 MESSAGES AND PROCLAMATIONS OF
the unknown criminals \\ho attempted to rob the express
car of an Iron Mountain Train and two hundred dollars in
where death penalty is imposed.
DECEMBER 22, 1896
From the of Citil Proceedings, 1893-1897* p. 540
. The Governor issued a proclamation offering a reward
of fifty dollars each for the arrest and conviction of the
unknown persons who assaulted Dr. H. W. Latham in the
county of Moniteau December 15th, 1896*
DECEMBER 28, 1896
From the Register of Civil Proceedings, 189S-1897, p. 542
The Governor issued a proclamation offering a reward
of two hundred dollars for the arrest and conviction of
unknown ravisher of Kittie Ashwell in Pettis county.
GOVERNOR LON V. STEPHENS
LAWRENCE VEST STEPHENS
Governor 1897-1901
LAWRENCE VEST STEPHENS
BY
ROY B. WILLIAMS
It is passing strange that the governor of the State of
Missouri at the time of the outbreak of the Spanish American
War should have been born and reared within twenty miles
of the home of the chief executive of our State when the
great Civil War began. Lon V. Stephens, who was governor
from 1397 to 1901, was born in Boonville, Missouri, on
December 1, 1858. Claiborne F* Jackson lived at Arrow
Rock, Missouri, a scant twenty miles from the birth place
and home of Governor Stephens.
Lawrence Vest Stephens was the son of Joseph L. and
Martha Gibson Stephens. Joseph L. Stephens had been
a candidate for governor but was defeated for the nomina-
tion by Silas Woodson. The middle name of Governor
Stephens was "Vest.* 5 He w r as named for the incomparable
Missouri senator, George Graham Vest, who had been a
partner of Governor Stephens' father in the practice of the
law.
The training of Governor Stephens began early in life.
He attended the public schools of Boonville, Kemper Family
School, Cooper Institute, and took the course in law at
Washington and Lee University, at Lexington, Virginia.
Early in life Governor Stephens evinced a fondness for
journalism, and, in the vacation months, he spent much of
his time in the composing room of The Boonville Advertiser.
He also took time to acquire a working knowledge of telegra-
phy, which he used as a pleasure and recreation. At an
early age he became editor of The Boonville Advertiser, and
this threw him, naturally, into politics. The young editor
had a happy way of expressing his editorial thought through
the medium of this journal, and the paper, under his guid-
ance, had a large circulation and was frequently quoted in
the metropolitan press of the State. Commenting on the
(279)
280 MESSAGES AND PROCLAMATIONS OF
part played by Governor Stephens in the field of journalism,
the late William Marion Reedy, gifted editor of The Mirror,
wrote some years ago as follows:
In brief time the Advertiser awakened Boonville
and Missouri to the fact that there was a man behind
it a man who had something to say, was not afraid
to say it, and knew how best to say it, so that it might
stick in the minds of the readers. He had the rhetorical
gift, humor, wit and inclusive sympathy. When oc-
casion demanded, he was effective in invective and
sarcasm, and now and then there was a savor in his
writing of the bucolic idyllic. "Lon" Stephens still
keeps up Ms connection with the Advertiser in occasional
contributions, and these writings bear no trace of
world-weariness, but are fresh with the spirit of the
simpler, serener life of the better country to\vn of the
days that are no more. And where there appears a
paragraph signed "L. V. S.," bearing upon State poli-
tics, there is no politician in the State who does not
take notice of its significance, for "L. V. S." has political
foresight in excelsis; it comes of the subtle sympathy
he has with the thought and feeling of the people. He
is a good judge of men and has the flair for discovering
leaders. His "Silver Nuggets" attracted national at-
tention, and helped to make him Governor, by, per-
haps, the largest majority the State has ever given.
His "Sharps and Flats'* will ever be remembered in
Missouri, especially by those who had in one way or
the other lost out in the confidence of Gov. Stephens.
Nearly every politician in the State, Democrat and
Republican, has a copy of Stephens' "Sharps and
Flats" pigeon-holed for immediate reference.
In 1887 Governor Stephens was giving a large measure
of his time to the affairs of the Central National Bank, which
had been his father's bank. At that time the Fifth National
Bank of St. Louis failed. The outlook was depressing, for
thousands of firms and individuals carried their accounts
GOVERNOR LON V. STEPHENS 281
with the old and respectable Fifth National Bank of St.
Louis. A wire came from Washington, announcing that
Lon V. Stephens, "a country banker, of Boonville, Mis-
souri," had been named as Receiver. He was but twenty-
nine years of age- His ability, however, was so generally
recognized that his selection was widely approved. He at-
tacked the task with energy, bringing to this position of
trust an unquestioned honesty and a great capacity. How
well he performed Ms trust is indicated by the fact that
depositors received ninety-eight cents on every dollar of
their deposits. His administration of this bank won praise
unstinted for the Boonville banker who had so well managed
the affairs of the defunct institution.
In 1890 David R. Francis was occupying the position
of chief executive. The office of State treasurer became
vacant under circumstances that called for the appointment
of a man of the highest standing. Governor Francis solved
this difficult situation by appointing Lon V. Stephens to
that position. Many prominent Republicans as w r ell as
Democrats impulsively came forward to affix their names
to the official bond of the new State treasurer.
In party convention in 1892 Lon, V. Stephens was
nominated for the full term as State treasurer, and he was
elected to that office by a large majority. He remained
in the office of State treasurer until 1897, when he assumed
the position of chief executive of his native State.
The few years preceding the memorable campaign of
1896 were strenuous years in the affairs of the Democratic
party in Missouri and throughout the nation. Richard
Parks Bland, the distinguished leader of the "free silver"
forces, was an intimate personal and political friend of
Lon V. Stephens- Governor Stephens never wavered in
his support of that stalwart fellow-Missourian, Richard
Parks Bland. During this memorable campaign, Governor
Stephens wrote and distributed articles under the title,
"Silver Nuggets," which were read both far and wide.
The Convention met in Chicago that summer, with the
friends of "free silver" in control. In the midst of the
282 MESSAGES AND PROCLAMATIONS OF
fight was Missouri's State treasurer, then serving Ms last
year in that office. The eyes of the entire world were
focused on the proceedings of this Convention. This con-
vention was the most exciting the party had held since the
Civil War. Governor Stephens was the partisan and friend
of Mr. Bland. However, after the wonderful speech of
William Jennings Bryan had stampeded the Convention
and won for him the nomination of his party, Governor
Stephens acclaimed the Convention's choice and w r ent into
the fight whole-heartedly for the eloquent Nebraskan.
Governor Stephens continued printing "Silver Nuggets"
in answer to the arguments of those who advocated a single
gold standard. Governor Stephens headed the State Demo-
cratic ticket, but gave much of his time and was deeply
concerned in the election of William Jennings Bryan. Mis-
souri went Democratic by a great majority, and much credit
was given Governor Stephens for this result.
Governor Stephens filled the executive chair from
January, 1897, to January, 1901.
Governor Stephens w r as one of the largest influences
which brought to St. Louis the great World's Fair in 1904, to
commemorate the anniversary of the Louisiana Purchase.
He was not alone interested in having the World's Fair in
the greatest city of the State, but it was in his term that
the State Fair at Sedalia was started on its road to perma-
nency.
The Federal Soldiers* Home at St. James, Missouri,
and the Confederate Soldiers' Home at Higginsville, were
both established during his administration, thus illustrating
the broad charity that knew no difference, in extremity,
between those who had worn the blue and those who had
donned the gray.
That Governor Stephens was a sincere friend of higher
education is shown by his recommendation and the passage,
through his influence, of the Collateral Inheritance Law,
which brought much-needed revenue to the cause of higher
education in Missouri.
GOVERNOR LOX V. STEPHENS 283
Governor Stpehens signed the bill permitting the con-
solidation of the St. Louis Street Railway Lines and author-
ized the issuance of transfers between lines which had for-
merly been independent.
Governor Stephens was married October 5, 1880, to
Miss Margaret Nelson, of Boonville. She was the daughter
of a prominent family, and one of the reigning belles of her
day in Central Missouri. Possessed of beauty, high in-
telligence, a charming personality, and a sincere regard for
others, she proved a great aid to her distinguished husband.
Her grace and charm of manner were noticeable in the
executive mansion during the Stephens" administration, and
innumerable functions were successfully conducted during
the years Mrs. Stephens occupied the" position of "Missouri's
First Lady. 95
No children blessed the home of Governor and Mrs.
Stephens, but they interested themselves deeply in all young
people.
Governor and Mrs. Stephens were both active members
of the Southern Methodist Church. In the thick of Gover-
nor Stephens' business and political activities, he was never
too busy to heed the call of his church. He was on the most
intimate and friendly terms with the bishops and ministers
of the Southern Methodist Church, and his home in St.
Louis was frequently the place of entertainment for the
visiting clergymen.
Governor Stephens was one of the trustees of Barnes'
Hospital, and all of the Masonic bodies, from the highest
to the lowest, possessed his unfailing devotion.
Governor Stephens departed this life January 10, 1923,
at his home in St. Louis. The funeral was from the Cabanne
Methodist Episcopal Church, South, St. Louis, under the
auspices of the Tuscan Masonic Lodge. The remains of
Governor Lon V. Stephens lie in Walnut Grove Cemetery,
Boonville, Missouri, close beside the graves of his parents.
284 MESSAGES AND PROCLAMATIONS OF
INAUGURAL ADDRESS
JANUARY 11, 1897
Prom the Appendix to the Journals of the General Assembly, 1897
Senators and Representatives:
Having been called by a majority of the electors of
Missouri to the chief executive office of my native State, I
come now to assume the high trust committed to my hands.
I hope I am duly sensible of the weighty responsibilities
imposed upon me by the position to which I have been
assigned through the favor of my countrymen. My great
desire is to render some substantial service to the State, and
I shall strive to so administer the duties of my office as to
promote the happiness and prosperity of the people, and to
contribute something to the advancement and glory of the
commonwealth. I shall not wish to make brilliant or start-
ling Innovations. The best results in practical government
can be attained only by the strict maintenance of public
order, by wise economy In expenditures, and by exercising
the most exacting integrity in the discharge of public duty.
Along these lines It shall be iny constant endeavor to con-
duct the affairs of the State. That I shall encounter diffi-
culties and embarrassments In the progress of my work is
perhaps inevitable, and that I shall make mistakes is almost
certain, but Invoking the divine Master to guide me, and
Inspired by a resolute purpose and a patriotic desire to do
my duty without fear or favor, I shall hope to so perform
my task impartially, justly, honorably as to merit the
approval of the people.
The responsibilities of legislation is a divided one. It
is shared by the two houses of the General Assembly and
by the Governor. No more Important duty can be imposed
upon any body of men than that of making laws for the
government of a great state. Laws should be enacted solely
GOVERNOR LON V. STEPHENS 285
to promote the public good. Men clothed with power to
make laws should not be Influenced In their action by preju-
dice, by fear or favor, or by any unworthy motive. They
should measure their conduct by a standard of scrupulous
propriety. They should strenuously refuse to do any act or
put themselves in any position which would compromise
their integrity, fetter their independence or impair their use-
fulness. They should remember always that public offices
were not established to advance private interests, but to
subserve the public need and to promote the general welfare.
They should refrain with special care from becoming in
anywise obligated to those who may have a selfish interest
in securing or preventing legislation. The man who is not
absolutely free to do what he thinks is right is unfit for
public station.
There should not be too much legislative tinkering.
There is such a thing as excess in legislation. More harm
than good is done by the mere accumulation of statutes.
New laws should be enacted only when manifestly required
to remedy some substantial defect in existing laws, to right
some undoubted wrong, to correct some positive evil or to
meet the exigencies of new conditions as they arise in the
development of a great and progressive State. Along these
lines, which I am confident you will approve, let us co-operate
in an earnest effort to make the work of this General Assem-
bly honorably conspicuous in the legislative history of the
State.
There is important work to do and I hope it will be done
in a business way. My chief ambition is to make this ad-
ministration distinctively a business administration, and I
pray you to make this legislature in the strictest sense a
business legislature. Too great expedition is not to be recom-
mended, but we must not forget that the session is limited
to seventy days at a per diem sufficient to pay the actual
expenses of those in attendance. We should proceed judi-
ciously and deliberately. We should not act until we fully
comprehend each given situation, and thoroughly under-
stand the force and effect of what we propose to do. While
288 MESSAGES AND PROCLAMATIONS OF
all this is but the part of prudence, my experience of several
years at the capitol convinces me that It Is too often the
case that the first few weeks of the legislative session are
practically wasted. It not unfrequently happens that half
the session expires before the General Assembly begins In
earnest to take up the work It has to do. These delays, so
frequently prolonged without apparent reason, result in
postponing the Important work of the body until near the
close of the session, when members, having grown weary and
Impatient, become anxious to return to their homes and
private affairs. The legislature is then In poor condition to
transact business with the intelligent and deliberate care
that should characterize the proceedings of such a body.
This condition results inevitably in great confusion, when not
only are mistakes apt to be made and the most important
matters neglected, but it furnishes an opportunity for the
scheming lobbyist to score his triumphs.
Partisanship should be moderated if not suppressed
and unseemly strife be avoided. Guided by patriotism and
eommonsense, we should go forward with our w r ork like
practical men moving with dignity, courage and confidence.
Let us not strive to see how many laws we can pass, but
rather endeavor to prove how r good w r e can make our legis-
lation. Let us first take up those matters of the greatest
moment and of the most Imposing import, and, by co-
operation, labor to accomplish results as nearly satisfactory
as possible.
You are already informed by the message of my prede-
cessor, that at the very threshold of the ensuing biennial
period, we are confronted with a fiscal condition that may
prove embarrassing unless we proceed with the greatest care
and devise some remedy to relieve the situation. During
the last two years the outgoing administration has been
hard pressed to make the revenue collected meet the de-
mands created by the last appropriations. It is a subject
with which I am tolerably familiar by reason of my connec-
tion with the treasury, and it is sufficient for me to say that I
endorse the observations and recommendations made by
GOVERNOR LOX V. STEPHENS 287
the Governor. This Is a matter to which we must address
ourselves at once and I invite your earnest assistance in
solving the problem and in removing the difficulties in our
path.
The most rigid economy must be practiced by all de-
partments, not only because it is right as a governmental
policy, but more especially because it is imperatively de-
manded by the exigencies confronting us. It is my opinion
that under the prevailing gold standard and financial policies
of the federal government, general business conditions will
not materially or permanently improve, but on the con-
trary we can reasonably anticipate a continuance of this
experience which has so distressed the country in recent
years. I see nothing In the Immediate future to warrant a
substantial hope for better times. It Is the part of wisdom
that the representatives of the people should keep these
things in mind when they come to provide for the public
revenue and to make appropriations; but no matter how
economically we may administer the affairs of the State, the
constantly growing needs of the public service Incident to a
large increase in population and business developments,
make It impossible that appropriations should be confined to
the present volume of business, if that volume should remain
stationary as it will, substantially, in the absence of further
legislation. There is a positive necessity for an increase in
the treasury receipts. This I believe can be done In a meas-
ure, as in my judgment it should be, by such amendments
and conditions to the tax laws as will decrease the burdens of
farming and kindred industries, and impose a taxation on
those who are enjoying public franchises and special privi-
leges granted to them by law and for which under existing
conditions they make no adequate returns. But, whatever
you may deem it most wise to do, the situation is one which
presents a legislative subject of the first importance and its
consideration should not be delayed.
Passing from this* I desire to suggest several other sub-
jects which I regard as paramount importance and to whicH
I invite your most thoughtful attention. I recommend the
288 MESSAGES AND PROCLAMATIONS OF
establishment of a banking bureau, and that the office of
Bank Commissioner be created. This officer should be given
charge and supervision of private banks, and all banks organ-
ized under State laws, building and loan associations and
trust companies. The compensation of this officer should be
sufficient to engage a class of talent equal to the importance
of the work, and the expense of the bureau should be met by
a tax levied in some proper form on the Institutions com-
mitted to Its management. In my judgment the law as It
now stands, scattering the control of these Institutions
throughout the various departments of the State govern-
ment, is crude in conception, imperfect in form and unsatis-
factory in practice. The duties and responsibilities of the
officers and directors of banking institutions should be better
defined and their liabilities to depositors and creditors
should be more thoroughly understood. In this connection
I will say I believe the statute defining the powers of trust
companies is objectionable, because it confers upon them a
multitude of privileges. It authorizes them to engage in
business as trustees, and to jeopardize trust funds by be-
coming sureties on all kinds of official and judicial bonds, and
by guaranteeing the fidelity of public officers and the finan-
cial agents of private individuals. It also authorizes them
to buy and sell real estate and engage in the banking busi-
ness and to become heavy borrowers vastly In excess of their
capital, and there are other dangerous and objectionable
features which should be Investigated.
The next regular session of the General Assembly,
which will meet in January, 1899, will be the revising session.
Under the Constitution that session can sit for 120 days at
$5 per diem. It is almost impossible for such a body to
revise the entire code of laws with any degree of satisfaction.
Past experience proves this. The revision of 1889 compares
favorably with former sessions, but it is full of contradic-
tions, incomplete, Inadequate and uncertain. It is in every
respect desirable that a suitable plan be devised and put in
operation by the present Legislature to secure an accurate,
thorough and sytematic revision of all the statute laws of the
GOVERNOR LOX V. STEPHEXS 289
State to be submitted to the Fortieth General Assembly for
review, adoption and publication as the Revised Statutes of
1899. I believe that the law should authorize the appoint-
ment of a commission to be composed of three able and ex-
perienced lawyers for the 'purpose of preparing a revision to
be submitted to the next General Assembly, These men
should be appointed for two years at such a salary as would
Insure the best class of legal talent for the work. It should
be made the duty of all state, county and municipal officials
to furnish the committee with any data in their possession,
when called for, and to otherwise aid them In every proper
way. In this way far better than in any other, In my opinion,
a revision can be made and the laws perfected. I have no
doubt whatever that the expense of the commission would
be saved many times over by the results of its work. I am
strengthened in the views here expressed and am led earnest-
ly to commend this plan to your favor because my opinion
in regard to it is concurred in by many of the ablest and
most thoughtful men of the State.
I trust that the State of Missouri will take the lead in
perfecting such legislation as will curb the Insolence and
check the oppression of the trusts. We should use the power
we have at this time in behalf of the people and extirpate
those influences which have become a menace to our free
institutions of government.
I call the attention of your honorable body to the coer-
cion of employees by corporations and other employers of
labor with a view to influencing their political action. Such
coercion raises a question more serious and more vital than
the money question, the tariff question or any other eco-
nomical question however Important dividing political
parties. The question it presents is whether a free popular
government shall be maintained in the United States. If
coercion, moral or physical, such as we witnessed in the last
campaign is to go unrebuked, government by the people Is
nearing its end and we are entering on an era of government
by an oligarchy of opulent employers. I recommend the
enactment of such laws as will not only protect the voter in
10
290 MESSAGES AND PROCLAMATIONS OF
the free exercise of his franchise, but will make it perilous
for any man to interfere with, his right.
The election law passed by the last Legislature has
yielded fairly satisfactory results in St. Louis and Kansas
City, but the experience gained in the last election shows the
need of amendments in some essential particulars. The polls
should be kept open until 7 o'clock for the benefit of working
men and clerks. Where there is difficulty in getting satis-
factory election officers among the residents of a precinct,
the right should be given to select them from other precincts.
The work of the judges and clerks should be rendered less
laborious and they should be better paid. The present
omnibus ballot is a source of trouble and annoyance and it
should be abolished. There is no reason why any ballot
should be thrown out. The law should not make voting so
complicated as to vitiate the ballots of intelligent citizens.
In my judgment it would not be to our disadvantage if the
Australian ballot law should be so amended as to apply only
to cities having over ten thousand inhabitants.
I warmly and unequivocally endorse that plank in the
Democratic platform upon which I was elected, which de-
clares in favor of a fellow-servant's law. I earnestly hope
that this Legislature will regard this mandate and enact a
law that will meet the expectations of the railroad employees
of the State.
Our educational and eleemosynary institutions must be
maintained in their high state of efficiency, and no backward
step will be taken, but economy must mark the conduct of
those in charge of them.
No interest in Missouri should be more carefully guarded
or more vigorously promoted than her public school system.
Her schools should all be encouraged by wise legislation and
supported, as they have always been, by ample appropria-
tions. The State University, which is the cap-sheaf of our
public school system, is entitled to and will doubtless receive
at your hands that consideration which it has always re-
ceived, and which will enable it to take front rank among the
institutions of America. If the necessity ever existed for a
GOVERNOR LOX V. STEPHENS 291
Missouri youth to leave his own state for education, it
should be removed by such Judicious fostering of our own
institution as will not only keep our boys and girls at home,
but will draw to Missouri the ambitious of other states, 1
have conferred with our retiring Governor and 1 have read
that portion of his message concerning the endowment fund
for the University. I approve of the suggestions he makes
to you on this subject.
Among the many subjects that will engage your atten-
tion none can be more important than the Improvement of
our public highways. Good roads will not only enhance the
value of our farming lands, but will add to the prosperity of
all our cities, towns and villages. Some provision should be
made for their systematic and permanent improvement, and
I commend the matter to your serious consideration.
The question of criminal costs merits your earnest at-
tention. These costs have grown to alarmingly enormous
proportions, and a considerable portion of the State's
revenue is required to liquidate them. I ask your attention
to proper legislation by correcting this constantly increasing
demand upon our funds.
Many of the most eminent jurists of the State and a
large number of prominent citizens have expressed to me
the opinion that a convention should be called at an early
date to revise the Constitution. I am not certain that such
a convention is necessary, but w r hether so or not is a ques-
tion, I believe, of sufficient importance to merit your careful
attention. The present Constitution was adopted over
twenty years ago. It has many excellent provisions which
should be preserved, but it also has many provisions that
might, as I believe, be expunged or materially changed to
the advantage of the State. I concur in the view that our
fundamental law should be liberalized in some directions and
broadened in its general scope so as to adapt itself better to
the requirements of the present day. Some have expressed
an apprehension that it might be unsafe to attempt to
remodel the Constitution, although it is admittedly im-
perfect and inadequate; but when we remember that any
292 MESSAGES AND PROCLAMATIONS OF
the convention might propose could not be made
effective until adopted by the people, I see no reason for
apprehension. The people can certainly both trust and take
care of themselves. I at least hope that the General Assem-
bly will take this matter under advisement and give it such
deliberation as it may deserve.
In conclusion let me again remind you that to you and
to me have the dearest interests of the people been intrusted.
I have an abiding faith that we shall be able to rise above
party zeal and factional spirit in a hearty co-operation for
the promotion of those interests. It is only by so doing
that we can merit the confidence which has been reposed in
us, and preserve consciences void of offense. Appreciating
the grave responsibilities of my position, and fully sensible
of my own infirmities, I trust our Heavenly Father will
guide me to see the right and give me the courage to do it.
\Ve must at all times remember our grateful dependence
upon that Supreme Being without Whose guidance and help
we can accomplish nothing great and good. I invoke upon
our great and beloved State and all of our people and your
actions the blessings of Almighty God.
[LoN V. STEPHENS]
GOVERNOR LON V. STEPHENS 293
FIRST BIENNIAL MESSAGE
JAXUABY 5, 1899
From ike Appendix to the Journals of the General Assembly, 1899
STATE OF MISSOURI, EXECUTIVE DEPARTMENT, January 5, 1800.
Gentlemen of the Fortieth General Assembly:
As your Chief Executive, it becomes my pleasure as
well as my duty, in complying with the requirements of the
Constitution of Missouri, to submit to you for your con-
sideration, a statement of the financial affairs of our State
and the various operations of the State Government, to-
gether with such recommendations as existing conditions
in my judgment justify. While there are evidences of pros-
perity all around us, the labors of our people generally have
not received that reward in the past to which their energy
and enterprise entitle them, owing to well known national
laws which discriminate against them; still we have been
blessed where many have not and have no reason to feel
discouraged. In the development of our resources there has
been rapid and uninterrupted progress. We review two
years of plenty, in mine, forest, pasture and field. We have
been graciously preserved from famine and pestilence, from
fire and tornado, from lawlessness and civil strife, and in
war with a foreign foe, which has been brought to a speedy
termination, we have won honor and success. Our people
reverence their Constitution and rejoice in good and just
State laws, which are executed with honesty and fidelity.
Conscious of our greatness and of our yet undeveloped
natural resources, we are building for the future, believing
it to be full of promise and reward.
FINANCES
CASH BALANCES
On January 1, 1897, we had a cash balance in the State
Treasury of $577,463.05; receipts from January 1, 1897, to
294
MESSAGES AND PROCLAMATIONS OF
January 1, 1899, 8,300,408.96; disbursements from Janu-
ary 1, 1897, to January 1, 1899, 7,980,760.53; leaving
balances In the various funds on January 1, 1899, as follows:
State Revenue fund $180,022.12
State Interest fund
State Sinking fund . 71 ,042.41
State fund. 923.40
State Seminary fund , 614 . 56
State School moneys 186 , 157 . 31
State Seminary moneys 35 , 387 . 07
Insurance Department fund 51 , 143 65
Executors* and Administrators* fund 43 ,590.70
Earnings Missouri penitentiary 56 ,555 .45
Road and Canal fund 1 ,295 . 14
Militia fund
Colored Institute fund 147.39
Lunatic Asylum No. 1 fund, Fulton 8 , 550 . 80
Lunatic Asylum No. 2 fund, St. Joseph 9,888 .86
Lunatic Asylum No, 3 fund, Nevada
School for Blind fund
School for Deaf and Dumb fund
Reform School for Boys fund 7,821 .06
Industrial Home for Girls fund 116 . 50
Partition fund 5,462.20
County Foreign Insurance Tax fund 226 ,436 .22
State Bank Inspection fund 3 ,009 .91
Building and Loan Supervision fund 3 , 066 .98
Horse Breeders* fund 5,780.00
Federal Soldiers* home 97 75
Totals $897,109 .48
The assessment upon which, taxes were collected in 1896,
including real and personal, railroad, bridge 4 and telegraph
property, was $1,021,993,62*8; assessed valuation for 1898
was $1,050,950,801, an increase of $28,957,173. State
revenues are derived from a tax of twenty-five cents on the
$100 valuation, levied upon real and personal property, of
individuals and corporations, from license taxes, tax on
premiums received from foreign insurance companies, on
merchants and manufacturers, and express companies,
interest on balances with our State depositories, an incor-
poration tax, notarial fees, and from sundry minor sources.
GOVERNOR LON V. STEPHENS
295
ESTIMATED REQUIREMENTS
The approximated amounts required to meet ordinary
expenses of the State Government for 1899-1900 are as
follows (detailed requirements will be found in Auditor
Seibert's current report):
Public school (1-3 of ttie revenue) SI ,500 , 000
Assessing and collecting revenue . 350 , 000
Costs in criminal eases 650 , 000
Civil list 476,700
Contingent expenses State departments
Supreme Court, Courts of Appeals, etc 83 , 500
Public printing (including Revised Statutes of 1899). . . 149,000
Miscellaneous appropriations 190 , 800
Penitentiary 99 } 000
Reform School for Boys, 70 , 000
Industrial Home for Girls 32,000
Public buildings and grounds 15 , 700
Eleemosynary Institutions (including three Insane
Asylums, Confederate Home and Federal Soldiers'
Home) 230,246
Missouri institution for Deaf and Dumb 158 , 000
Missouri School for Blind 59 , 000
University , . 142 , 000
Normals and Lincoln Institute 155,500
Pay and contingent expenses of the 40th General As-
sembly 225,000
Estimated deficiencies for 1897-98 80,000
Total $4,666,446
The estimated receipts into the "State Interest Fund"
in 1899-1900, are $2, 100, 000; amount to be appropriated for
interest on bonds and certificates of indebtedness, $754,-
943.94, leaving $1,345,056.06, which amount should be
appropriated for the payment of bonds.
The estimated receipts into the revenue fund for 1899
and 1900 are $4,500,000 (predicated upon present laws),
leaving us confronting a deficit for ordinary expenses alone
of $166,446. Therefore, it is a positive necessity that
remedies be devised by you to relieve this situation.
296 MESSAGES AND PROCLAMATIONS OF
INCREASE OF LEGITIMATE EXPENDITURES OF THE STATE
The rate of levy for State taxes has decreased since
1S73 from 13 cents to 23 cents on the S100 valuation, and
the taxable property has increased in about the same ratio.
For example, in 1873, the State taxes on the real and personal
property tax boo! s amounted to $1,171,798.9-1 for State
revenue, and $1,546,012.52 for State interest; in 1897, the
tax books covering same classes of property foot up $1,-
465,131.25 for State revenue, and 8976,754.15, State interest.
As one-fourth of the revenue tax was distributed for support
of public schools in 1873, and one-third in 1897, the increase
in the taxes from 1873 to 1897, on real and personal property,
the chief source of revenue, available for meeting the
demands against the State Treasury, has been very small
less than $100,000 per annum. The expenditures have,
naturally, increased with the population during the period,
as will be seen by nearly every item in the biennial appro-
priation Mils "Cost in Criminal Cases," because there
were more prosecutions; "assessing and collecting the
revenue, 55 because there were more taxpayers and property;
"Civil Officers," because more judges and other officers
were found necessary; "Support of State Institutions," be-
cause there were more eleemosynary, educational and penal
institutions, etc., etc. The increase in the revenue required
to meet Increasing demands has been derived from incor-
poration taxes, taxes on foreign insurance companies and
various other sources not touched by the laws of 1873.
INCREASE OF REVENUE NOW NECESSARY
The legitimate demands against the State in 1899 and
1900 cannot be met by the revenue under existing laws, and
it is imperatively necessary that provision be made by the
Fortieth General Assembly to increase the revenue, or de-
crease the expenditures. It is impracticable to increase the
tax on real and personal property or decrease expenditures,
and we are compelled now to find some other sources of
revenue or suffer serious embarrassment.
GOVERNOR LOX V. STEPHENS 297
TAXES ON FOREIGN INSURANCE COMPANIES
The present law Imposes a tax of 2 per cent on the
premiums collected for business done In this State, by in-
surance companies not organized under the laws of this
State, one-half of which tax is appropriated to the counties
annually. Formerly the counties derived no revenue from
this source, and the amounts now apportioned are not suffi-
cient to make important changes in the receipts of the respec-
tive counties. The total sum distributed to the counties
makes an important item in the State Treasury, and under
the conditions now confronting us, I recommend that the
law be amended so as to require the whole of the taxes re-
ceived from foreign insurance companies be placed to the
credit of the State Revenue fund.
INCREASE OF STATE TAX ON DRAMSHOP LICENSES
The county courts are authorized by existing laws, to
fix the State license tax on dramshops at not less than $50
nor more than $200, and county tax at not less than $250,
nor more than $400 for each period of six months. In 1898
the State received from that source $336,480.32, and the
counties $1,699,457.06. This is an unfair division of these
taxes never contemplated by the General Assembly when
the law was passed. I recommend that the law be amended
so as to fix the State license tax at $100, and county tax at
$200 for each period of six months, the object being not to
increase the license tax on dramshops, but to secure a more
equitable division of the tax.
The amendments to the law suggested will, I think,
enable the Fortieth General Assembly to make the needed
appropriations for 1899 and 1900. Unless these or some
other methods equally effective be found for augmenting
the State's revenue, it will be necessary to reduce all appro-
priations and cripple our State institutions.
298
MESSAGES AND PROCLAMATIONS OF
OUR BONDED AND CERTIFICATE INDEBTEDNESS
On Jan, 1, 1897, the State debt consisted of:
Nine hundred and twenty-seven 3M per cent option
bonds, dated March 1, 1887, due March 1, 1907,
redeemable after March 1, 1892
Four hundred and thirty-six 3M per cent option bonds,
dated July 1, 1887, due July 1, 1907, and redeem-
able after July 1, 1892
Seven hundred 3J^ per cent option bonds, dated Oct. 1,
1887, due Oct. 1, 1907, redeemable after Oct. 1,
1892
Two thousand nine hundred and thirty-seven 3M per
cent option bonds, dated Jan. 1, 1888, due Jan. 1,
1908, redeemable after Jan. 1, 1893
Total bonds .
$927, 000 00
436,000 00
700,000.00
2,937,000.00
$5,000,000.00
And the following described State certificates of in-
debtedness:
One 6 per eent School fund certificate. .
Pour 5 per cent School fund certificates
One 6 per eent Seminary fund certificate
Eighteen 5 per cent Seminary fund cer-
tificates
Total
Bonded debt
State certificates.
Total State debt January 1, 1897,
$5, 000, 000 00
4,369,839.42
), 369 ,839. 42
$2,909,000 00
231,000,00
122,000 00
1,107,839 42
$4,369,839.42
Under the requirements of the State Constitution,
1250,000 of our interest-bearing bonds are to be extinguished
annually. During the two years of the present adminis-
tration the debt has been reduced as follows:
Bonds called in and paid
July 31, 1897
December 31, 1897
March 15, 1898
October 15, 1898......
Total reduction of bonded debt .
$100,000.00
400,000.00
300,000 00
558,000.00
$1,358,000.00
GOVERNOR LON V. STEPHENS
299
STATE CERTIFICATES OF INDEBTEDNESS ISSUED IN 1897 AND
1898, UNDER SECTIONS 8818, 8819 AND 8820,
R. S. 1889
One certificate to the State Board of Education in trust
for State School Fund dated July 1, 1898, to run
20 years, bearing 5 per cent interest
One certificate to the State Board of Education in trust
for State Seminary fund, dated July 1, 1898, to run
20 years, bearing 5 per cent interest
Total certificates issued in 1897 and 1898 ....
On January 1, 1899, the State debt consisted of 5 3J^
per cent option bonds, dated July 1, 1897, due
July 1, 1907, redeemable after July 1, 1892
Seven hundred 3 J^ per cent option bonds, dated Oct. 1,
1887, due Oct. 1, 1907, redeemable after July 1,
1892
Two thousand nine hundred and thirty-seven 3}^ per
cent option bonds, dated Jan. 1, 1888, due Jan. 1,
1908, redeemable after Jan. 1, 1893
Total .
$18,000.00
6,000.00
$24,000.00
5,000.00
700,000.00
2,937,000.00
$3,642,000.00
And certificates of indebtedness:
One 6 per cent School fund certificate . 1
Five 5 per cent School fund certificates
One 6 per cent Seminary fund certifi-
cate
Nineteen 5 per cent Seminary fund cer-
tificates
Total certificates outstanding.
Bonded debt January 1, 1899
Certificates January 1, 1899
Total on January 1, 1899
$3,642,000.00
4,393,839.42
$8,035,839 42
$2,909,000.00
249,000.00
122,000.00
1,113,839.42
$4,393,839,42
Net reduction in State debt during 1897-98 was $1,-
334,000.
On January 1, 1897, with a bonded indebtedness of
15,000,000 the annual interest charge at 3J^ per cent was
300 MESSAGES AND PROCLAMATIONS OF
$175,000. On January 1 of the present year, with a bonded
indebtedness of 83,642,000, bearing 3M per cent interest,
the annual interest is 8127,470, -a saving within two years to
the taxpayers of the State on account of interest alone of
47,530 annually.
There is a sufficient amount of money now idle in the
"Sinking fund" in the State Treasury to justify payment of
500,000 more bonds, which amount I recommend the
Legislature appropriate with the emergency clause attached.
While in estimating our indebtedness we must take
into consideration our "Certificates of Indebtedness,"
aggregating 4,393,839.42, drawing 5 per cent and 6 per
cent interest, it must at the same time be remembered that
they are also assets of the State that the principal is not
to be paid, and the interest which accrues thereon can be
used for the sole purpose of assisting in the support of our
pubKc schools and State University, The real debt of the
State is, therefore, insignificant, in proportion to our assessed
valuation, and while it may not be entirely extinguished
during the present administration I see no reason why it
cannot be paid off within the early days of the succeeding
one. My own judgment is the rate of taxation should not
be changed until we have seen every dollar of our interest-
bearing debt paid off and cancelled.
PENITENTIARY
It is gratifying to me to be able to say that the peniten-
tiary is in a most excellent condition in every particular.
The Legislature of 1897 appropriated for it for the bi-
ennial period ending January 1, 1899, the following sums of
money:
For completion of new cell building $50 , 000 00
For erection of new shop building 30,000 00
For purchase of new dynamo 5 , 000 . 00
For purchase of books for library 1 , 000 . 00
For pay of salaries of officers and ordinary repairs 80 ; 000 . 00
And 1450,000 to be paid out of the earnings of the
institution.
GOVERNOR LON V. STEPHENS 301
Of the $50,000 appropriated for the completion of the
new cell building, only S29,545.1S was needed and expended,
and the remaining 320,454.82 remains in the Treasury.
Of the 830,000 appropriated for the erection of the new
shop building, only $26,159.82 was expended, and the
remainder, S3, 840.1 8, remains in the Treasury.
The appropriation of $1,000, made for the purchase of
books for the library, is exhausted.
Of the appropriation of $80,000, salaries and ordinary
repairs, 319,562.45 has been expended for repairs, and
43,476.71 for salaries, making a total amount of $63,089.13
drawn from this appropriation.
On January 1, 1899, there was a balance in the State
Treasury to the credit of the earnings of the penitentiary of
56,555.45, which has accumulated during this adminis-
tration.
There is now 7 due from the Federal Government for
support of U. S. prisoners during the quarter ending Decem-
ber 31, 1898, S2,609.45.
The institution has the following supplies and material
in excess of the amount on hand January 1, 1897: Clothing
and shoes, 17,868.60; 3,353 bushels of potatoes, amounting
to $1,408.26; and 700,000 good merchantable brick, valued
at $3,150.
These amounts added to the accumulation now in the
Treasury make a total of $71,591.76. In other words,
$63,039.13 has been drawn from the appropriation for sala-
ries and ordinary repairs, and $71,591.76 has been earned in
excess of expenditures during this administration, so that
the penitentiary has maintained the convicts, paid all the
salaries and repairs and every other item of expense, except
for the erection of new buildings, for the whole period of
time from January, 1897, to January, 1899, and has a surplus
on hand of $8,552.63.
Not only is the financial status of the institution an
excellent one, but the splendid discipline of the men main-
tained is worthy of notice and commendation. The old idea
which prevailed so many years among prison officials, that
302 MESSAGES AND PROCLAMATIONS OF
men Incarcerated for crime could only be controlled by harsh
and severe means that criminals had to be controlled by
brute force, and that there was nothing in the nature of a
convict that could be touched or softened by kind words or
gentle manner, has been abandoned. In our penitentiary
today the higher instincts of man are appealed to; they are
talked to kindly of home and mother, and admofctished for
the sake of those sacred and tender ties, to obey the rules of
the institution and become good citizens when they are sent
home. Punishment for the violation of rules is rare and only
inflicted when kindness will not prevail.
Warden Starke's and Deputy Bradbury's plan of en-
forcing discipline is to treat the convicts kindly; give them
plenty of good, wholesome food, comfortable clothing, a
good bed to sleep in, and require them to work and earn
their keeping and thereby relieve the people as far as possible
of the burdens of taxation.
The appropriation of $5,000 made by the last Legis-
lature for the purchase of a new dynamo is exhausted.
Prior to January 1, 1897, the State had been purchasing the
light used for the State Capitol building and Capitol grounds,
the State Armory, the State Supreme Court building, the
Governor's mansion and the mansion grounds from the
Jefferson City Light, Heat and Power Company at an
annual cost of about $2,500. By the expenditure of this
appropriation of $5,000 there has been placed in the peni-
tentiary a new alternating dynamo, with a capacity of 1,000
16-candle power lights; also 12 arc lights with which are
lighted all the State buildings and grounds except the peni-
tentiary. With the use of this plant we have 400 in-
candescent lights and 12 arc lights in addition to what we
had under the old plan. In the future the only cost of light-
ing these buildings and grounds will be the purchase of sup-
plies; so that we have more and better light at much reduced
cost to the State.
The number of convicts is increasing rapidly. On the
1st of January there were 2,327 inmates. An average of
1,362 daily during the last two years were employed by the
GOVERNOR LON V. STEPHENS 303
contractors at the rate of 50 cents per day, thus bringing in a
daily income to the institution of $681.
The showing made by the penitentiary in every depart-
ment during the last two years is unprecedented in the
history of the institution.
The Warden will ask an appropriation of $50,000 for a
new female department which is badly needed; $80,000 for
salaries and repairs, $18,000 for a new shop building, 1,500
for maintaining the electric light plant and 1,500 for the
erection of a fireproof vault. These amounts can be appro-
priated with the assurance that the money w r ill be judiciously
expended and that which is not absolutely needed will
remain in the Treasury.
PARDONS
During the last two years, by virtue of authority vested
in me as your Executive by the State Constitution, art V,
section 8, I have pardoned from the penitentiary 75 convicts,
and of this number 72 were males and 3 were females. I
have commuted the sentence of 48, and have issued pardons
to 28 convicts who were sick and dying. These are commonly
called "sick pardons," and are granted at the request of the
prison physician and the prison inspectors, composed of the
Auditor, Treasurer and the Attorney-General.
At the instance of the prison physician I have caused to
transfer 16 convicts, who were insane, to the various lunatic
asylums, where they are to remain until their reasons are
restored, when they will be returned to the prison to serve
the remainder of their terms.
I have restored to the full rights of citizenship 132 men,
who had served their time in prison, and had presented
proper petitions, certifying that since their liberation they
had lived as good citizens should.
While the above number may seem large, and some may
think I have been too liberal in the use of the pardoning
power, I must say that before passing upon a single applica-
tion, I have examined thoroughly and cautiously all papers
304 MESSAGES AND PROCLAMATIONS OF
concerning the case, and my prerogative was exercised
conscientiously. In every instance, in issuing the order
for pardon to the Secretary of State, I reviewed the case
from its inception, and gave my reasons why the convict
merited executive clemency. These orders, together with
petitions and letters affecting the cases, are on file with the
Secretary of State.
MISSOURI IN THE SPANISH WAR
Prior to the late war with Spain, the people of Missouri
cared too little for the National Guard organization, and the
members of the Legislature were not inclined, as a rule, to
give it hearty support. With an annual fund of about
$10,000 appropriated by the State, the Militia, composed
of four regiments and one battery, managed, with the aid of
private subscriptions from the cities, to keep intact its
organization, and when the call to arms was sounded last
April, these men left their places of business and offered
themselves in defense of their country. Many left lucrative
positions and vocations, others were the support of aged
parents and poor relatives, but all alike responded to the
President's first call, and Missouri, among the first, sent to
the field five regiments and one battery of men as strong and
brave as ever wore soldiers 5 uniforms. As the war progressed
the President deemed it necessary to issue another call for
volunteers, and by the order of the Secretary of War, I
gave notice through the Adjutant-General that 1,700 more
enlisted men to increase regiments were required, also one
more regiment, to complete the quota of men Missouri was
expected to furnish the Government. Patriotic citizens
from every portion of the State responded, and from the
spirit in which these brave men offered their services for the
cause of humanity, it demonstrated that grand old Missouri
was ready for the battle and would send to the front a
hundred regiments instead of six, if necessary. Our troops,
numbering in all 7,893 infantry and 177 artillerymen, mobi-
lized at Jefferson Barracks, where they were mustered in
GOVERNOR LOX V. STEPHENS 305
the regular volunteer service, and subsequently equipped
with clothing, and arms by the Government. The First and
Fifth regiments, under the command of Coi Edwin Batdorf
and Col. Milton Moore, were ordered to Chickamauga Park,
Ga., where they remained until the war was practically over,
when they returned to the State and were mustered out of
service October 31 and November 9, 1898, respectively.
The Third regiment, under command of Colonel George P.
Gross,, was ordered to Falls Church, Ya., and afterwards to
Camp Meade, Pa. It returned to Kansas City under orders
from the Secretary of War and was mustered out of the
volunteer service on the 7th day of November, 1898. The
Fourth regiment, under command of Colonel Joseph A.
Corby, is now stationed at Greenville, S. C,; the Second,
under the command of Colonel W. K. Caffee, is now in winter
quarters at Albany, Ga.; and the Sixth, under command of
Colonel Letcher Hardeman, is in Cuba. Battery "A,"
under command of Captain Rumbold, was ordered to Porto
Rico by way of Newport News. These gallant artillerymen
joined their forces to those of our countrymen on that island,
and had planted their guns ready for battle with the enemy
when w r ord came thundering down the line that the protocol
had been signed. This battery was mustered out of the
service in November. To all of these brave soldiers w r ho have
been mustered out of the U. S. service, I would say that,
although they did not reach the front, their anxiety to do so
was not lost sight of, and in facing the hardships and sick-
ness of the Southern camps, they certainly shared with their
brothers at the front the glories of our late war. The rela-
tives of those who died in the service of their country have
our most tender sympathy, and I beg to assure those of our
brave boys who are still bearing arms for their country, that
the citizens of our State are proud of their achievements.
Now, I desire to call your attention to the financial
part of the organization. When the war was inaugurated,
Adjutant General Bell found that the cost of mobilizing
and equipping our soldiers would be far in excess of the funds
at his disposal in the department, and if he had not made
306 MESSAGES AND PROCLAMATIONS OF
arrangements with the railroads and the Government to
carry the accounts of expenses thus Incurred until the con-
vening of the 40th General Assembly, I would have been
compelled to advance the money myself or call an extra
session of the Legislature, which would have entailed
enormous cost to our taxpayers. The following is an act of
Congress, approved July Sth, 1898, bearing upon this
subject:
AN ACT to reimburse the Governors of the states and terri-
tories for expenses incurred by them in aiding the
United States to raise and organize and supply and equip
the volunteer army of the United States in the existing
war with Spain.
Be it enacted bg the Senate and House of Representatives of
the United States of America in Congress assembled: That the
Secretary of the Treasury be, and he hereby is, directed, out
of any money in the Treasury not otherwise appropriated,
to pay to the Governor of any state or territory, or to his
duly authorized agents, the reasonable costs, charges and
expenses that have been Incurred by him in aiding the
United States to raise the volunteer army in the existing war
with Spain, by subsisting, clothing, supplying, equipping,
paying and transporting men of his state or territory who
were afterwards accepted into the volunteer army of the
United States: Provided, that the transportation paid for
shall be only the transportation of such men from the place
of their enrollment for service in the volunteer army of the
United States to the place of their acceptance into the same
by the United States mustering officer, and that the names
of the men transported shall appear on the muster rolls of
the volunteer army of the United States; and, provided
further, that such claims shall be settled upon proper
vouchers, to be filed and passed upon by the proper account-
ing officers of the Treasury; and, provided further, that in
cases where the money to pay said costs, charges and ex-
penses has been, or may hereafter be borrowed by the Gover-
GOVERNOR LON V. STEPHENS 307
nors of their respective states or territories, and interest is
paid, or may hereafter be paid, on the same by the Gover-
nors or their states and territories, from the time it was or
may be so borrowed to the time of its refundment by the
United States, or thereafter, such interest shall not be re-
funded by the United States; nor shall any interest be
paid the Governors or their states or territories on the
amounts paid out by them, nor any other amount refunded
or paid than is in this act expressly mentioned.
It is therefore necessary for the State first to meet all
expenses of subsistence, transportation and supplies fur-
nished our volunteer troops incident to their muster in the
United States service.
The Adjutant General is not prepared to state at this
time the total amount of these claims, as all of them have
not been presented, but he thinks $50,000 will cover it. I
would accordingly recommend that as soon as practicable
you pass a bill appropriating this amount, or so much thereof
as may be necessary for the payment of these claims, the
same to revert to the State Treasury upon reimbursement
by the United States.
THE NATIONAL GUARD
The table below shows the amount of money appro-
priated by the last General Assembly for the support of the
National Guard during the years 1897-1898:
For the contingent expenses of the office of Adjutant General
For pay of janitor
$1,800
500
For pay of expenses of Board of Survey
400
For refitting, repairs, etc., of Armory
3,350
Total
$6,050
For the support and maintenance of National Guard
20,000
For traveling expenses of U. S. Army officer on detail duty
with the National Guard
1,000
For the support of the State Cadets at State University. . . .
5,000
Total .
$32,050
308
MESSAGES AND PROCLAMATIONS OF
I invite your attention to the recommendation of the
Adjutant General of the State, set forth in his biennial
report:
I submit herewith an estimate of the actual amounts
necessary to carry on the operations of this Department for
the years 1899-1900:
For payment under section 93 to First Lieutenant J. M.
Allen, Company U C," Second Infantry, N. G. M.,
3 sergeants, 3 corporals and 19 privates, wMIe on
duty one day at Lamar, Mo., under call of the Sheriff
of Barton County. In all $52. 12
For traveling and contingent expenses of United States
army detail, on duty with National Guard Missouri,
during the years 1&99-1900 at $500 per annum. . 1,000.00
For hire of armorer to repair and keep in proper condition
arms and accoutrements during the years 1899-1900,
at $250 per annum 500 00
For pay of chief clerk for years 1899-1900, at $1,500 per
annum 3 } 000 00
For the support, maintenance, reorganization and proper
equipment of the National Guard of Missouri, and
for brigade expenses, etc., etc., for the years 1899-
1900, at $40,000 per annum 80, 000 00
For purchase of suitable site and maintenance of per-
manent camping ground for National Guard of Mis-
souri 10,000.00
For stone store-house, 35 x 45 feet, two stories, for care
of public property, adjacent to State Armory 2,450.00
For clerical work and hire in the office of the Adjutant
General, adjusting war claims and completing, com-
piling and arranging records and recording 8,109
names of Missouri volunteer soldiers of the American-
Spanish war for the years 1899-1900 2,600 00
For ordinary repairs to armory and outbuildings for
years 1899-1900, at $125 per annum 250 00
For contingent expenses of the Adjutant General's office,
postage, etc., etc., for the years 1899-1900, at $900
per annum 1?800 00
For payment of janitor for armory for years 1899-1900,
at $250.00 per annum 500 00
For support of University cadets at Missouri State Uni-
versity during the years 1899-1900, at $4,000 per
annum 8,000.00
GOVERNOR LOX V. STEPHENS
300
It may not be amiss to here present the amounts appro-
priated by the other states of the Union for the support
annually of the National Guard. It will be noticed that
Missouri stands about thirty-second in the list, as taken
from government records, showing the number of men liable
to military duty, and data in regard to appropriations:
State.
No. liable
to
military
duty.
Appropriations.
State.
Federal.
Alabama
165,000
205 , 000
200,000
87 , 000
105,636
28 , 080
60,000
264,021
24,678
700,000
500,000
274,414
100,000
361,137
138,439
103,387
205,816
419,210
250,000
150,000
233,480
450,000
250,000
101,926
6,600
34,000
385,273
560,000
240,000
20,000
645 , 000
57,188
836,568
$24,000 00
None
111,800 00
62,689 00
140,000 00
3,000 00
12,000 00
15,000.00
225.00
90,000.00
45,000.00
50,200.00
34,150.00
7,000.00
21,000.00
32,447.83
45,000.00
264,000 00
73,286 11
50,000.00
4,400 00
10,000 00
22,400 00
15,000.00
None
30,000.00
171,654.17
448,000 00
6,000 00
11,000 00
317,235 24
30,000.00
350,000.00
$9,488.73
6,900 90
7,763.51
3,450 45
5,175 67
2,587 83
3,450 45
11,213.96
2,587 83
20,702 70
12,939.18
11,213 96
8,626.12
11,213.96
6,900.90
5,175.67
6,900 00
12,939.00
12,076.57
7,763.51
7,763 51
14,664.41
2,587 83
6,900.90
2,587 83
3,450.45
8,626.12
31,054 05
9,488.73
2,587.83
19,840.00
3,450.45
27,603 60
Arkansas
California
Colorado
Connecticut
Delaware
Florida ... . .
Georgia
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
IVfaine . .
[Maryland
Massachusetts
Michigan
^Minnesota
.Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New York
North. Carolina
North Dakota
Ohio
Oregon
Pennsylvania
310
MESSAGES AND PROCLAMATIONS OF
State.
Xo. liable
to
military
duty.
Appropriations.
State.
Federal.
Rhode Island
85,874
152,780
79,219
190,000
300,000
42,000
44,164
295,340
86,156
122,475
374,665
8,000
8,050
42,000
$67,074 20
10,000.00
300.00
8,000.00
5,000.00
3,500.00
18,000.00
11,732.91
20,000.00
15,000.00
110,000.00
5,000.00
300.00
27,525.00
1,600,00
None
S3, 450. 20
7,763.51
3,450.45
10,351.35
12,939.18
2,587.83
3,450.45
10,351.35
3,450.45
3,175.67
10,351.35
2,587.83
2,000.00
8,000.00
3,000.00
1,412.35
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West "Virginia
Wisconsin
Wyoming
Arizona
District Columbia
New Mexico
Oklahoma. .
45,000
Indian Territory . .
Alaska
Totals
10,037,576
$2,799,549.46
$400,000.00
In this connection, I will take the liberty of quoting an
extract from the recent report made concerning our National
Guard to the Honorable Secretary of War by a Board of
IL S. Army officers:
"That the State appropriate at least 150,000 per annum
for the support of this excellent organization. In addition
to this the State should own its own armories at the home
stations, and a suitable camping ground at some central
point. The National Guard of Missouri has reached a
point from which it cannot go forward without larger appro-
priations from the State. Missouri has an excellent National
Guard organization, and has recently succeeded in getting
an excellent National Guard law. All the State now needs
is a proper appropriation for the support of the Guard.
At present the State appropriation is only $20 3 OQQ for two
GOVERNOR LON V. STEPHENS 311
years, which I believe is not too much for one regiment.
The people of the State seem very much in favor of the
National Guard, and I believe if the matter were properly
put before the State authorities this appropriation could be
at least increased to 100,000."
With such recommendations as these made by officers,
of many years' experience and high standing in our regular
army, in time of peace, it would occur that the appropria-
tion asked for at the present time by Adj. Gen. Bell is based
upon a conservative basis. As conditions are now, the
National Guard is virtually wiped out, there are no arms and
equipment for our soldiers, organization is incomplete, and
there is no money to reorganize the militia. The soldier
boys are in a helpless condition, and it is incumbent upon us
as citizens of the fifth State in the Union, to come to their
assistance and make the National Guard of Missouri second
to none in the Union. The regiments are composed of some
of the best and bravest young men in the land, and are
officered for the most part by men of high moral standing and
firm principles of patriotism.
DEPARTMENTS OF STATE
THE STATE INSURANCE DEPARTMENT
The removal of the State Insurance Department from
the city of St. Louis to the State Capitol, under the provi-
sions of the act approved March 6, 1897, was effected on
June 20, of that year, and the subsequent expenses and
administration of the affairs of this department have fully
vindicated the propriety and wisdom of the change. No
public interest has suffered in the least from the change of
the location, but, on the other hand, all the business of this
important department has been performed and discharged
in a most careful, prompt and commendable manner.
The department has come into closer touch with the
people of the State, as is shown by the fact that its corre-
spondence has increased more than 30 per cent. Its receipts
have increased largely over the receipts of former years,
312 MESSAGES AND PROCLAMATIONS OF
and there are now more insurance companies licensed to
transact business In this State than at any prior time in the
history of the Insurance department. In the ten years from
1878 to 1887 (inclusive), the receipts of this department
amounted to 8182,787.68. and the disbursements in the
same period were $166,028.98, leaving a balance in excess of
16,758.98. In the ten years from 1888 to 1897 (inclusive),
the total receipts of the department amounted to 272,-
455.58, and the disbursements during the same period were
$165,874.52, an excess of $106,581.06. The receipts during
the current year (1898), to this date (December 12), have
been $58,000, or 22,180.85 in excess of expenditures of the
department.
The 2% tax levied on the gross permiums of all insur-
ance companies of other states, doing business in Missouri
during the year 1897, was paid early in 1898, under the law,
and amounted to $233,306.17. Every dollar of this assess-
ment was collected and paid into the State Treasury, and
the sum total was 113,933.96 in excess of such taxes in the
previous year. All the business of the several insolvent
insurance companies which had been in course of settlement
twenty-one (21) years past, was finally closed up, and the
sum of $17,333.33 of undistributed assets of said insolvent
corporations was paid by the present administration into
the State Treasury as "escheats," to the State, and to this
amount, increased the "school fund" of the State.
The 38th General Assembly of the State passed an act
to prescribe the form of policies for fire insurance companies
doing business in. Missouri. The then superintendent of
insurance, Hon. James R. Waddill, acting under authority
of this law, approved a form of policy and endeavored to
enforce the law, whereupon certain citizens of St. Louis
instituted legal proceedings against Superintendent Waddill
to restrain him from its enforcement upon the ground that
the law was unconstitutional. The St, Louis Circuit Court
heard the cause and decided against the constitutionality
of the act. Superintendent Waddill then appealed the case
to the Supreme Court of the State. The cause was pending
GOVERNOR LOX V. STEPHENS 313
in the Supreme Court until the October term, 1897, when a
decision was rendered. The judgment of the Circuit Court
was reversed and the cause remanded. But the Supreme
Court did not pass upon the constitutionality of the act of
the General Assembly; it held that the plaintiffs in the cause
had no standing in equity to maintain the suit. Under these
circumstances the Superintendent of the Insurance Depart-
ment has not attempted to enforce the law, as being of
doubtful or questionable constitutionality, deeming it
wiser or safer to leave the matter where it now stands until
the present General Assembly can take such action in the
premises as may be necessary and proper.
Under the management of Superintendent Ed. T. Orear,
the business and w r ork of the offices have been performed
with just the same scrupulous care, faithful attention and
earnest effort, which the successful and enterprising business
man of large affairs gives to the conduct and management
of his own private business. While the business of the office
has largely increased, its w r ork has never been more satis-
factorily done in the history of the department.
BUREAU OF LABOR
The Bureau of Labor Statistics and Inspection has
been in existence for twenty years, and the Nineteenth and
Twentieth Annual Reports show in detail the operations of
the Bureau for the tw r o years ending November 1, 1898.
Full and comprehensive statements are presented relative
to county and agricultural statistics, manufactures, value
of surplus products, the lumber interests, Government lands
within the State, w r age schedules of all classes of labor, facts
relative to water works and electric and gas plants, factory
inspection, a digest of labor laws and a number of other sub-
jects of general interest. The current report, while treating
on several of the aforesaid subjects, devotes chapters to
manual training, the labor exchange, the free employment
office and recent court decision affecting labor.
No strikes of any consequence have occurred in any of
our varied industries during this period; and all of the differ-
314 MESSAGES AND PROCLAMATIONS OF
ences and misunderstandings which have arisen, about which
notice was given to the Bureau, were amicably adjusted by
the Commissioner.
Free Employment Office. A free employment office was
established by the Commissioner in St. Louis in October,
1897, being conducted by practically the same clerical force
heretofore engaged in inspecting the factories of that city.
The operations of this employment office have proven highly
satisfactory, employment being secured for almost five
thousand deserving persons. The advisability of providing
adequate sustenance for this line of work, as well as extend-
ing its benefits to the western half of the State is earnestly
recommended by the Commissioner, who also suggests
needed changes in the laws relating to the collection of
statistics, factory inspection, child labor arbitration, reliable
agricultural statistics, the screen law, and means for en-
couraging immigration, all of which are worthy of careful
consideration.
The law of 1879, creating an Immigration Board (R. S.
1889, sections 5446, 5459), has been inoperative since the
expenditure of the last appropriation made for its support
in 1881. The widespread attention being directed to the
resources and latent wealth of Missouri by the citizens of
other states, and the many inquiries being made concerning
opportunities for investment, fruit-raising and the procur-
ing of homes, justify the conclusion that this subject is of
sufficient importance to merit legislative recognition.
MINES AND MINING
Among the varied industries of the State, not one of
them will compare relatively with the rapid progress made
and the increasing growth of our mining interests.
During the past year large sums of money have been
invested by capitalists outside of the State in our developed
and undeveloped mineral lands. As a result of the extra-
ordinary prices and demand of late for our ores, an activity
prevails in the mining districts never before experienced and
GOVERNOR LON V. STEPHENS 315
the inducements for investment thus made are greater than
ever. With the brilliant prospect offered to quickly acquire
fortunes, it is but reasonable to expect a still greater influx
of capital.
The very large increase of $2,833,415 in the value of the
product for the fiscal year ending June 30, 1898, over the
year before, with the promise based upon the actual business
of the past six months of the current year of a $3,000,000
increase over the last year, or a total of nearly $6,000,000
of an increase in two years, shows a marvelous development
and portends vast results in the growth and prosperity of
the commonwealth. This rapid growth, and especially in
the case of the zinc ore product, cannot be classed as spas-
modic, for the reason that the new uses to which it has of
late been applied cover so wide a field and the territory in
which it has thus far been developed is so limited (for
Missouri now produces one-sixth of the entire zinc produc-
tion of the world), that good prices must prevail for some
length of time, under favorable business conditions. The
importance of our mining industry can be better appreciated
when we realize the extent of the claim made "that the
lead and zinc ore product for this year of Jasper county
alone will exceed in value the gold and silver production of
the celebrated Cripple Creek region."
During the past year 1,038 shafts have been operated in
our lead, zinc and coal fields, in and about which 16,000 men
have been employed.
Laws safeguarding the above (because extra hazardous)
have been added with each succeeding session of the General
Assembly, the result being that the duties of the Inspectors
have been thereby enlarged and increased; then, again, the
demands made upon their time and attention incident to the
growth and increase of the industry invite a due considera-
tion of their services and necessities. Both of the Inspectors
appeal for relief and assistance, claiming that the present
demands made upon them are out of all proportion to the
provisions made for the proper conduct and performance
of their duties. They are required to carefully inspect the
316 MESSAGES AND PROCLAMATIONS OF
great number of mines operated, to investigate all accidents
occurring, to gather the reports from each operator, compile
and tabulate the same, to make an annual report, to secure
and examine mine maps, to answer a large and ever increas-
ing correspondence, to travel between 9,000 and 10,000 miles
annually, and all this, too, without an assistant or any pro-
vision made for clerical help.
The law, as it stands, authorizes the Governor to
appoint the Mine Inspectors, but requires the Inspectors to
make their reports to the Commissioner of Labor Statistics.
As this same law demands that the Mine Inspectors shall
be practical mine men and experienced in their respective
lines of business, more or less friction has existed as a result
of their being compelled to report to the head of a depart-
ment who does not appoint them, and who is not supposed
to have any practical knowledge of mining. The Inspectors
have proven themselves most worthy and faithful in the
discharge of duty. They now earnestly petition, in view of
the vastly changed conditions existing since the law w T as
framed, which required them to report to the Commissioner
of Labor Statistics, that the General Assembly cause mine
inspection to be divorced from the Bureau of Labor Statistics
and that a separate department be created, to be known as
the Department of Mines, Mining and Inspection, and that
an appropriation be granted sufficient to employ a secretary,
who shall also be a draughtsman and act as assistant in the
field when required, together with such other assistance as
will enable it to fully perform its functions in securing the
largest possible safety to mines and miners.
GEOLOGICAL SURVEY
The Bureau of Geology and Mines, under the present
Board of Managers, is rapidly consummating the great work
for which it was originally intended. The State Geologist,
Hon. John A. Gallaher, an expert Mining Engineer and a
life-long student of geology, from a practical standpoint,
has a keen conception of what is expected of his Department.
GOVERNOR LON V. STEPHENS 317
The precision and energy with which he is proceeding show
that he knows exactly what kind of information the people
want in that line and just how to get it before them.
If sufficiently provided for so that it can carry out its
plans without let or hindrance, the present management of
that Department will soon make the Geological Survey
accomplish all and even more than was ever expected of it.
The Geologist is now collecting data with which to unfold
the structural geology of the whole State in one report on
that subject. Next to the report on its Structural Geology
will be one report on the Economic Deposits of Missouri,
then a correct Geological Map of the State and the work of
the Survey as originally contemplated will have been
finished,
BUILDING AND LOAN SUPERVISION
The effect of Supervision of Building and Loan Associa-
tions is clearly discernible in several directions. (1) For a
number of years prior to the panic of 1893, there was quite a
growth in most of the cities and towns of Missouri; in many
places development amounted to a boom, or at least to
phenomenal expansion of the building of houses which tended
to the appreciation of urban property. Since 1893 there has
been an increasing depreciation of the average home or
house in the cities, with perhaps exceptions in specially
fortunate localities. What may have been a fairly good loan
in 1892, may have been more than the selling value in 1893,
and even less since that time. This caused much property
to be acquired by building and loan associations which was
afterwards converted into cash at a loss, or held to be
finally sacrificed, causing many associations, which happily
escaped a receiver, to liquidate. (2) Many associations had
departed to a greater or less extent from conservative
methods. The Supervisor soon questioned their inability
to meet the expectations they had raised and experience has
demonstrated the correctness of his judgment. (3) Dis-
honesty of some officials and negligence of directors have
been the cause of much loss, some of which has been restored
318 MESSAGES AND PROCLAMATIONS OF
by having supervision. These and other causes have brought
building and loan associations into disrepute with many
persons, and yet in many places they were never more popu-
lar and flourishing than they are now. There are in the State
226 associations, 222 of which reported in September, show-
ing resources of 818,255,186.22. There are 66 less reporting
associations in 1898 than there were in 1896; 33 less than in
1897. The assets are $8,097,768.58 less than 1896, and
4,242,523.27 less than in 1897. Of the reporting associa-
tions, 27 are called Nationals, because they do not confine
their operations to the city of their domicile; their resources
are $5,242,663.21, leaving to the 195 locals $13,012,523.01.
Our efficient and painstaking Supervisor, Hon. H. L.
Gray, closing the text of the current report, eloquently says:
"Every building and loan association doing business in
Missouri Is chartered under our law. With the exception of a
relatively small amount of business done by the Nationals
in other states, every dollar paid in, every dollar loaned, is
the contribution of a Missourian. These corporations appeal
to the lawmakers as wards of the State, seeking guidance,
wisdom and protection for the beneficent purposes of en-
couraging thrift and building homes. If the law governing
these corporations is not for the highest interests of the
struggling masses, who look to them as a means to an end,
then the law-makers can discharge no higher duty than to
seek to make them practical, popular, healthful and secure."
LEGAL DEPARTMENT
In the State of Missouri the number of cases prosecuted
and defended by Attorney-General E. C. Crow from the
1st of January, 1897, to the 1st of January, 1899, was as
follows:
Civil cases
33
Criminal cases for tlie year, 1897
88
Criminal cases for tlie year, 1898. ... . .
94
Total
215
GOVERNOR LON V. STEPHENS 319
It will thus be seen that this department handles a
great deal of legal business. The Attorney-General has no
assistant, but simply a chief clerk and one stenographer.
The business of this department has grown very rapidly
in the last few years, as is evidenced by the record in the
Supreme Court. To illustrate, in the year 1888, ten years
ago, the total number of all cases handled by the Attorney-
General in the Supreme Court was 48, while in the year
1898, the total number of criminal cases alone handled by
the Attorney-General has been 94, or almost double the
number of civil and criminal cases both handled by the same
department ten years ago.
In addition to the labor of attending to the cases in the
Supreme Court and the Courts of Appeals, where the State
of Missouri is interested, it is the duty of the Attorney-
General to advise all the executive officers of the State, the
various boards of the different State institutions, and also to
advise in writing each of the 114 prosecuting attorneys of the
State and also the circuit attorney of the city of St. Louis.
In the two years from January 1, 1897, to January 1,
1899, the Attorney-General has written 143 official opinions,
in addition to the labor of the court business and other official
duties, and has handled more business than that of any of
the surrounding states.
For the first time in the history of the Insurance De-
partment, it has had during General Crow's administration
his services, and a large sum of money has thereby been
saved to the taxpayers.
All the other Departments, except that of the Attorney-
General, has provision made for publication of reports
annually. This has been the custom for many years. There
seems to be no reason why provision should not be made for
the publication of a report of the Legal Department of the
State. This is done in almost all the states of the Union,
and I think it should be done in Missouri.
320 MESSAGES AND PROCLAMATIONS OF
THE STATE BOARD OF CHARITIES AND CORRECTIONS
The act creating the "State Board of Charities and
Corrections" by the last Legislature defines the powers and
duties of said Board as follows: "Said Board shall have the
power, and it is hereby made its duty, to investigate the
whole system of public charities and corrections, to examine
into the condition and management of all prisons, jails,
almshouses, reformatories^ reform and industrial schools,
hospitals, infirmaries, dispensaries, orphanages, and all
public and private retreats and asylums which derive their
support wholly or in part from the State, or from any county
or municipality within the State."
The functions of this Board are in no sense executive,
being wholly advisory, and the fact that it has to rely entirely
upon public opinion to have its recommendations followed,
is a reason why the institutions under its supervision are
quick to adopt what is recommended, knowing it has no
motive in making such recommendations but what public
opinion would approve and uphold.
The Board is composed of six members, two Demo-
crats, two Republicans and two ladies, whose services are
all given voluntarily and in the interest of those of our
fellow-beings who need the arms of the State to be extended
in parental tenderness, including the deaf and dumb, the
blind, the homeless, the insane, the distorted epileptic, the
driveling idiot and the vicious criminal. The care of these
unfortunates is a recognized public duty, and to provide for
them is a function of our civil government, which apart
from "criminal cost" and the tax for public schools, is by
far the heaviest burden upon the people of the State. It
is, therefore, important for the public to know, not only to
whom, for what, where and how this money is expended,
but how can it be most judiciously used to aid those whom
it is intended to help, and to be of least burden to the tax-
payer. The people do not complain of the actual cost of
caring for the dependent and delinquent; to stint the poor
and afflicted is not according to the Missouri idea but that
GOVERNOR LON V. STEPHENS 321
there should be neither extravagance nor stinting. State
supervision by a State Board of Charities and Corrections
was deemed necessary.
The single fact that such supervision provides for in-
spection of public institutions, which may take place at any
time and without notice to the immediate management,
leads, it is held, to a more constant attention upon the part
of the officers than could be secured by any other means.
Statistics shoAving the numbers, classes, character and con-
ditions of those who are in anywise dependent upon the
public care, with the cost of their maintenance, and the
causes producing pauperism, insanity and crime, carefully
collected and accurately compiled, constitute the best
possible basis of social and moral reform.
From its creation, the Board has been hampered by a
lack of sufficient means to carry on its work. The appro-
priation of five hundred dollars per annum was too meager
to go far in the accomplishment of the work entrusted to the
Board. Had it not been for the kindness of many of the
railroads of Missouri in furnishing transportation to the
members of the Board, its mission would have been a failure.
During the biennial period of the existence of this
Board, it has visited all the larger institutions committed
to its care. Most of them have been visited several times.
Suggestions have been offered and acted upon by the local
boards governing the institutions. It has inspected these
institutions in all their departments. It has carefully gone
over the books and examined into the expenditures made.
It has gone even into the "Sundry Department" and item-
ized accounts. It has visited every room in every State
asylum, and has examined carefully into the condition of
bedding, food, comforts and treatment. The Board, either
through one of its members or secretary, has visited about
half of the jails, poorhouses and city prisons of the State.
Only a lack of funds kept them from going to every county
in the State. Through its influence nearly one hundred
persons have been transferred from the poorhouses to the
State asylums, reformations have been brought about in
11
322 MESSAGES AND PROCLAMATIONS OF
many places that will greatly inure to the comforts of the
afflicted. Discoveries have been made concerning the con-
dition of some of the institutions under its supervision, which
when laid before you, will be helpful to the enactment of
certain needed laws.
All the Northern and Western States, with but few
exceptions, and four or five of the Southern States, have
Boards of Charities and Corrections, and I am informed
they are meeting with great favor, and are more popular
than any others of the State boards.
The secretary should be required to live in Jefferson
City and keep his office at the Capitol, and should be paid
a salary of $2,000 per annum. The Board should have at
least $2,000 annually for its support.
The biennial report of the Board will prove interesting
and helpful; it will show that it is doing a great w r ork for
Missouri, and I bespeak for the Board a careful considera-
tion by you of the law r s it suggests for enactment, and your
encouragement and liberal support.
STATE GAME AND FISH WARDEN
For many years there has been on our statute books a
provision creating the office of "State Game and Fish War-
den." His duties were merely perfunctory. There is no
salary attached, neither is there an expectation of fees,
resulting from convictions for violating the game and fish
laws; in other words, the office is nominal instead of active
and progressive. There is nothing in it to stimulate the
incumbent, not even glory, for the general public scarcely
knows of any such officer.
In the rural districts more especially, parties, disre-
garding the law, have for years killed game out of season
in wholesale manner, and seined and dynamited fish in
streams without the semblance of prosecution.
The natural result is we are finding our woods almost
without game and our waters without fish.
GOVERNOR LON V. STEPHENS 323
It was supposed that the laws made during the session
of 1893 would remedy these evils, but it seems that many
violations have escaped the attention of the several grand
juries.
Our laws regarding the protection of game and fish are
good, as they stand, but without enforcement are null and
void. Our prosecuting attorneys, in most instances, have
more now to attend to than the ferreting out of violations
of the game and fish law, and I assume that they will all
join your Assembly in devising some plan by which they may
be assisted in stopping this violation of the game law.
Nearly two years ago I appointed to the office of State
Game and Fish Warden, Mr. A. J. D. Burford, of Burfords-
ville. He has now deputies in every county in the State,
and the convictions had for violations of the game and fish
law number over the hundreds. He has accomplished great
good to the game and fish industry, and it appears to me that
it is but just and right that this office should carry with it a
salary.
I w r ould suggest that a bill well framed regarding this
subject be passed.
BOARD OF PHARMACY
This Board, composed of three well-known and ex-
perienced druggists, has done much during the past two years
toward advancing the standard of proficiency among
pharmacists. They have traveled over many portions of the
State, looking into alleged violations of the pharmacy law,
and at various points have conducted examinations of appli-
cants for certificates. Formerly the Board made these
examinations at some central town, to which all applicants
were compelled to go, but the plan adopted by the present
Board, in making these examinations is convenient to all
concerned and has received popular approval. I am not
advised in detail as to the necessary improvement of the
present pharmacy law, but it is suggested to me that all
druggists should be required to register annually, without
324 MESSAGES AND PROCLAMATIONS OF
re-examination. This change of law, with the small fee
attached, would provide for the collection of sufficient funds
for the expenses of the Board and enable the members to
more strictly enforce the law.
EDUCATION
UNIVERSITY
The last General Assembly appropriated for the sup-
port and maintenance of the University the sum of $57,000
for the past biennial period, 33,000 for the erection of a
dormitory for boys, and 310,000 for ordinary repairs and
improvements. All these sums have been consumed, and
it will be your duty to carefully examine into its needs and
act accordingly. The report of the Junketing Committee
and that of the Special Visiting Committee will be laid before
you, and from these you will be able to gather valuable in-
formation regarding the present condition of our University.
I take it that every member of your body is in favor of
equipping this institution to such a degree that those of our
youth who are ambitious to acquire higher educations, after
th'ey have graduated from our high schools, normals and
private colleges, will matriculate in their own University,
and not seek the advantages offered them in foreign states.
Our Normal schools are as proficient as any in the states,
and our colleges, maintained by various churches, are a
credit to our great and growing Commonwealth. The
University, too, can and should be made a pride to every
Missourian. It is already an institution equal to any in the
west, and we should make it one of the foremost in the land.
To accomplish this end money must be expended. Missouri
is a rich State, and it is growing richer every day. A liberal
outlay of money towards the advancement of her institu-
tion of higher education is that much well and economically
spent. Judicious appropriations along this line will be
applauded by your constituency.
During the session of the last Legislature I advocated
the passage of what was commonly called the "Endowment
Bill."
GOVERNOR LON V. STEPHENS 325
The defeat of this bill was a great disappointment to
the friends of the University. The feature in that bill pro-
viding for free tuition in the academic department was
especially commendable to me, and I am pleased to note
that at a recent meeting of the Board of Curators it was
resolved to abolish tuition in the entire academic course,
and require tuition fees only from students for the law
course and for two years of the medical, leaving free the
first year in that department. If I am not mistaken nearly
all of the state universities accorded this privilege to the
resident youth except Missouri. There are many Missouri
boys who have finished the courses prescribed in their high
schools or local colleges, who yearn for higher academic
instruction, and are unable to acquire it on account of their
limited means. In this connection the Special Visiting
Committee, appointed by me, as required by the statutes,
to examine into the welfare of the University, among other
things, used this language:
"We recommend the tuition fees be wholly abolished,
for the reason that the University is a part of the articulated
public school system of the State. Almost all the state uni-
versities in the country have long since abolished tuition
fees, and Missouri is one of the few exceptions to the rule."
It is estimated that the first year tuition is made free
in all departments, the University will have an increase of
250 students.
This committee further recommends liberal appropria-
tions for maintenance and the erection of various buildings
necessary for superior equipment. While the efficiency of the
University was in some measure necessarily reduced on
account of the inadequate appropriations of the 39th
General Assembly, the institution has made a creditable
growth. I will not in this message assume to present figures
regarding its requirements for the next biennial period, as
this duty is more properly the function of the Board of
Curators. This Board is composed of men of learning and
business experience, who have for sometime been in close
326 MESSAGES AND PROCLAMATIONS OF
touch with the University, and will furnish you with any
information concerning it you may desire.
Having presented this matter to you very briefly, I
submit the University question to your care, believing that
in the wisdom of your deliberations you will do the right
thing by it, our youth and our State.
SCHOOL OF MINES AND METALLURGY
This institution (which is a department of the Uni-
versity), demands attention. The nature of the courses
offered here, the high standard of instruction maintained,
its rapid growth in number of students, and its develop-
ment along technical lines, have given it a reputation which
reflects great credit upon the State. This is shown by the
large number of students who have applied for admission
from other states and from foreign countries, and by the
uniform success of its graduates.
It imperatively needs new buildings and equipment and
generous support, to enable it to care for the increased
number of students in attendance, and to successfully com-
pete with the rival institutions of kind, so liberally cared for
by the states of Michigan and Colorado.
The cost of educating a student at the School of Mines
in Rolla is at present one-half that at its leading rivals,
which is sufficient proof of the economy practiced in the
administration of its affairs.
The laboratories are badly overcrowded, and it has
reached the limit of its growth and efficiency unless immedi-
ate provision is made for its needs.
I recommend that it be liberally supported, and that an
adequate appropriation be made for a needed new building.
NORMAL SCHOOLS
It has been a source of great pleasure to note the progress
and prosperity of our three Normal schools. Their locality,
to say nothing of the standard of efficiency, calls for popular
approval.
GOVERNOR LON V. STEPHENS 327
These Normals are located at Kirksville, Warrensburg
and Cape GIrardeau, and are at present flourishing as never
before. Each school has a faculty distinguished in science,
literature, languages and pedagogics, and is moulding our
young men and young ladies for a life that will be service-
able to the coming generations. Our Normals have already
graduated many who have high rank among the educators
of the State, and who have also achieved fame in distant
states. Those who have left our confines continue to applaud
our Normal school system. When a work of excellency is
known at home it is soon spread abroad, and it thus helps
to bring our State into good repute.
I am happy to note that your General Assembly has
been cognizant of the needs of Missouri's Normal school
system. The Regents of the three schools will present to you,
through the proper channel, the necessary requirements of
the schools for the next two years, and you, as representatives
of the State, interested as you are in its general welfare,
will see to it that our Normals will not suffer at your hands.
LINCOLN INSTITUTE
Lincoln Institute, located at Jefferson City, established
for the exclusive use of negroes, under its present manage-
ment, is in a flourishing condition. It was originally intended
as a Normal school for the training of colored teachers, but
now, besides a normal department it has an industrial and
other departments, and has become a college for the higher
education of colored boys and girls. This institution
is one in which the people of Missouri have always taken
great interest, and they should continue to give it liberal
support.
The appropriations for 1896-7, were as follows:
For support and maintenance
For maintenance of Industrial school .
For repairs and improvements
For additional equipment
For water supply
$18,000
6,000
2,500
2 ; 000
1,250
328
MESSAGES AND PROCLAMATIONS OF
For steam heating for all buildings
For sewers
$3,600
1,200
Total . . ....
$34 550
The following is an estimate of expenditure for the next
two years, which you will be asked to appropriate:
Support and maintenance of Lincoln Institute proper
Support and maintenance of Industrial scliool
Repairs and improvements
$20,000
6,000
2,000
Additional equipment
1,200
Farm
1,000
Domestic economy
1,000
Business course ... .
2,000
Boys* dormitory
6,000
Improvement of grounds
600
Gas and fixtures .
1,000
Library . . . ...
500
Total
$41 300
In addition to the appropriations for support, repairs,
improvements and equipment, the President and Faculty
recommend that a Boys' dormitory be built, that gas be
furnished for the grounds and buildings, that a business
course be established, and that a small appropriation be
given for library purposes. The present dormitory is con-
sidered entirely too small for both sexes to occupy jointly,
to say nothing of the objections of parents to sending their
girls to any school where they are in too close contact with
male students. It is thought that with the completion of
this dormitory, at a cost of $6,000, the attendance at the
school will be greatly increased. The cost of erecting this
building can be lessened considerably by allowing the
students in the Industrial shops to assist in its construction.
Prof. John H. Jackson, President of the Institute,
elected to succeed Prof. Inman E. Page, in a late report to
me says:
GOVERNOR LON V. STEPHENS 329
"Permit me to close this report by saying that if the
men of my race are to be given an opportunity to grow along
material lines so as to become producers, rather than being,
as now, practically unskilled laborers and hence consumers
an incubus upon the body politic if the women of my race
are to rise any higher in the scale of being, if they are to
attain to a more worthy, a more dignified and self-support-
ing womanhood, the industrial features of this and similar
institutions must be properly fostered, diversified and made
productive, if not partially remunerative to students.
ce l plead for greater and better opportunities for the
negro along industrial lines; and I also express the opinion
that only by the development of this feature in his training
is there the least hope to make him, or any other people
self-respecting, self-supporting and self-reliant."
ELEEMOSYNARY INSTITUTIONS
THE MISSOURI REFORM SCHOOL
The Missouri Reform School for boys, located at
Boonville, is in a most flourishing condition. More boys
have been sent to it within the last two years than at any
time in its history. This increase I attribute to the more
liberal laws governing it which were passed by the last
General Assembly, and which received my approval. There
are at present 430 boys in the School, the last consecutive
number being 1,181. The cost of maintenance is gradually
growing less. The School is well equipped and the property
is all in first-class repair. An industrial shop building, a
cottage for boys and a hospital have been added during the
last two years, covering an appropriation of $12,500. One
hundred and eighty-six acres of good land adjoining the
State's property have been purchased from an appropria-
tion of $7,000, made at the last General Assembly for that
purpose.
The School will rank with the best of similar institu-
tions in the United States, both in economy and resources.
I am especially proud of its financial condition. It is worthy
330 MESSAGES AND PROCLAMATIONS OF
of notice. Nearly one-half of the 13,000 appropriated for
contingencies still remains to the credit of the School.
The School is enjoying a splendid reputation throughout the
whole country, and reflects credit upon Hon. L. D. Drake,
its superintendent, and its honorable Board of Managers,
as well as upon the State. Buildings have been constructed
with the labor of the boys that have been a saving of at
least 35 per cent of their cost to the State. The entire plant
represents an outlay of about $75,000, and is easily worth,
or would have cost by contract, $180,000 or $200,000.
The health of the School is excellent. Not more than
$50 has been paid for physician's services in the last four
months. It is very gratifying to me to learn from the
Superintendent that at least 70 per cent of the boys who have
left the school have been permanently reformed and are now
self-supporting. This reflects credit upon the industrial
feature of the School, as a trade makes a boy manly, inde-
pendent and capable of self-support.
In this connection I present a brief joint report received
from the President of the Board, Capt. Chas. E. Leonard,
and the Superintendent, L. D. Drake, under date of Decem-
ber 6, 1898, which I am sure will be as gratifying to you as
it has proven to me:
"We have the honor to submit a brief report of the State
Reform School for Boys. The institution is just closing its
tenth year, and at no time in its history has there been a
more successful period than the two years just closing.
The institution is no longer regarded as an experiment, but
one destined to accomplish much good for the erring youth
of this great commonwealth. Appropriations were made by
the Thirty-ninth General Assembly providing for the follow-
ing specific improvements, viz.:
A cottage for 50 or more boys.
A closet and sewerage.
A hospital for the sick.
A shop building.
Livestock and implements.
A library of 1,300 volumes.
GOVERNOR LON V. STEPHENS 331
A farm of 186 acres.
The total amount appropriated being $25,500. This
has been, as we think, very judiciously expended, and the
buildings will attest the truthfulness of this assertion. The
recommendations necessary for the ensuing two years are as
follows:
For chapel or ciiiircii ,
7,000 00
For cottage similar to tlie one erected last year
5 000 00
For six-room school building,
5 500 00
For electric light plant
4 500 00
For improvements and repairs
1 500 00
For livestock and implements
600 00
For library
250 00
For printing office ,
1,000 00
Total
$25,350.00
The above was carefully considered by the Board of
Managers and deemed necessary. Every dollar appropri-
ated to this institution by the General Assembly, for a
specific purpose, can be made to show three times its value
in permanent improvements; in other words, the State re-
ceives its buildings for one-third of the cost it would require
to erect the same building by contract, as the boys of the
institution perform all the labor required, in the construc-
tion of these buildings from the beginning to the completion
of any or all of them. This should certainly be a sufficient
reason for securing appropriations essential to the better-
ment of one of Missouri's great institutions.
"The State of Missouri is in arrears to the amount of
|4,054.20 for support of boys commuted from the peni-
tentiary. It is very necessary that the institution should
receive this amount and we respectfully ask that you call
attention to same either by reference to it in your message
or by instruction to the Auditor of the State to be inserted
in the general deficiency bill."
332 MESSAGES AND PROCLAMATIONS OF
INDUSTRIAL HOME FOR GIRLS, AT CHILLICOTHE
Number of inmates in the Home 100
Number of inmates received in 1896 29
Number of inmates received in 1897 20
Number of inmates received in 1898 42
Whole number received 173
Number discharged from 1889 to 1897 23
Number discharged during 1897 and 1898 41
But four have returned as unfit subjects during the
existence of the institution. Only two have died. There
have been no epidemics no serious sickness the deaths
occurring from disease contracted before entering the Home.
The first cottage was erected in 1889, during Governor
Marmaduke's administration. This cottage was named in
honor of the Governor. In the first year of its existence it
received but seven inmates, but now has 50 inmates. Now
there are two cottages the second was erected in 1897,
named "Missouri," and now has 50 inmates. The number
of inmates now in the Home is 100, 50 in each cottage.
At first only girls were sent here w r ho were really
criminals; but as the workings of the Home were more
thoroughly understood and appreciated by the State, the
character of the girls sent has been changing.
The number of girls who are apprenticed to the Home is
constantly increasing. These are girls who have nothing
against their characters, only poor, and forlorn, beset by
temptations, with no competent protector.
The age of the girls who are committed before a court
is constantly increasing, thus showing that the counties are
waking up to the necessity of saving their girls, believing
that it is better to commit with downward tendencies, than
to wait until she is altogether bad before reformation begins.
In 1897 and 1898, to December, 48 girls were received;
in 1895 and 1896, 38 girls were received, thus making a steady
increase, showing that the whole State is quite up to the
progressive thought of the age as to its duty to its dependent
wards.
The State has just cause to be proud of this "Home"
the results of its training are fast becoming visible.
GOVERNOR LON V. STEPHENS 333
The commitment idea is lost sight of as far as possible.
The institution is enclosed by no high walls. There are bars
to the windows of but two of the rooms, where the new,
untried girls are kept. The girls are given all the liberty they
will not abuse. The doors are only locked at night. The
girls are given freedom of the lawn during recreation hours.
Dressed in uniform, they are taken to the several churches
of the town every Sunday morning. They are given many
diversions, such as walks, picnics, nutting and apple gather-
ings, watermelon treats on the lawn, etc.
From 1889 to 1897 there were 23 discharged; in 1897
and 1898, 41 were discharged. These girls were sent to good
homes. Out of the 41, 11 have married; 17 are unmarried,
and all are doing well; leaving only 12 whose fate is uncer-
tain.
Thus 70 per cent in the two past years are apparently
reformed. This has surely shown a sufficient reason why
the institution should be fostered by the State and liberally
supported.
The last Legislature reduced very much the appropria-
tion which was asked for this institution; but in spite of
that and its increased attendance, it is run so economically
that its report to the Legislature will show no deficiency.
The girls can be kept in the Home for $110 a year; $75
of this is paid by the county. This amount includes not
only the maintenance and education of the girl while in the
Home, but her railroad fare to her place of destination,
together with that of the officer accompanying her; also, a
"go-away outfit/' consisting of a trunk and new clothes to
the amount of $25.
MISSOURI SCHOOL FOR THE DEAF
Supt. N. B. McKee forwards me the following report,
under a late date, of the present condition and needs of this
deserving and splendidly managed institution, to which your
attention is respectfully invited:
334 MESSAGES AND PROCLAMATIONS OF
"Our present enrollment is 348. The number probably
will be Increased to 360 by December 31. This attendance
crowds our dormitories and dining room beyond proper
limits, and I must soon begin to refuse admission to those
applying. More especially, our school building is full to
overflowing. We have been compelled to go outside to
provide for eight classes.
Two of them are occupying rooms in the main building,
that are needed for other purposes, and six of them occupy
rooms in the new hospital building, which, of course, defeats
the purpose for which it was erected*
With these general statements, which you can verify in
a few moments by a personal visit, I submit my estimate of
appropriations needed for the tw T o years ending December 31,
1900:
Support $92,000.00 an increase of $2,000.00
Salaries of teachers and
officers 46,000.00 an increase of 3,100.00
Repairs 4,000.00 no increase
Improving grounds (fences,
walks, roads, etc.) .... 1,000.00 no increase
Four new boilers 4,000.00
Additional school building 15 7 000 . 00
Cottage or home for small pupils 18 , 000 . 00
New barn 2,500.00
Blacksmith shop 1 ,000.00
In regard to the first two items, ''Support" and "Salaries
of Teachers and Officers," I think I need merely state that
our per capita cost during the last two years has not exceeded
$185, whereas the average per capita cost in thirty-four
similar schools in the United States has been $235 during
that period.
The next two items are so moderate in amount and the
necessity is so apparent that I will pass them without com-
ment.
The appropriation of $4,000 for new boilers should be
urged as an absolute necessity in order not only to keep our
school in session during severe weather, but also to guard
against probable loss of property and possible loss of life.
GOVERNOR LON V. STEPHENS 335
Our old boilers were put in seventeen years ago. Doubtless
their heating capacity was sufficient at that time, but since
then the space to be heated has more than doubled. This
means that in the last few years in a vain attempt to heat
our buildings and furnish the necessary power, our boilers
have been overtaxed, damaged and rendered unsafe. I
base the latter statement partly upon the report of a compe-
tent inspector; an insurance company upon the same report
refused to insure our boilers under the pressure we have to
carry in very moderate weather.
In regard to additional schoolrooms, I have already
shown the necessity for the same even with our present
attendance.
In regard to the seventh item, at least three desirable
results will be obtained by providing a cottage or home for
small children.
First We have about seventy-five children between
the ages of eight and ten. By having a separate building and
play ground for them, we can more nearly provide that home-
care and training which every child should have; and by thus
keeping them apart from the older pupils we can at least
prolong the innocence of childhood.
Second A separate building for small children will
relieve our present dormitories and dining-room, and enable
us to add from 50 to 100 pupils to our present attendance.
Undoubtedly there are in. Missouri more than 100 deaf
children of school age who have never attended school, who
ought to be here, and who could be brought here with a
little effort on our part.
Third This cottage or home would contain a kitchen
which would be considered a part of the industrial training
department for girls. Here I would have the older pupils
taught practical cooking. At present they are taught only
sewing and dressmaking. This is helpful to all, but furnishes
a means of self-support to but few, whereas, good cooks are
in demand at home and abroad.
I ask $2,500 with which to erect a new barn. The one
we have now mars the premises. It is a rough, unsightly
336 MESSAGES AND PROCLAMATIONS OF
building, inconvenient and insufficient; its value does not
exceed 100.
I ask also for 1,000 with which to erect a blacksmith
shop. I want to add this to our industrial department. I
think it one of the best trades for our boys, inasmuch as
most of them come from small towns where cabinet-making,
tailoring, etc., afford a precarious living."
MISSOURI SCHOOL FOR THE BLIND
I beg to submit to your honorable body the following
brief report of this important State institution from Hon.
Frank R. O'Neil, President of the Board of Managers,
which I respectfully commend to your favorable considera-
tion:
"Responding to your recent note of inquiry addressed
to Dr. J. T. Sibley, Superintendent, I am pleased to report
that the condition of the Missouri School for the Blind is so
generally satisfactory that the Board will have no request
to make of the Legislature beyond the usual biennial appro-
priation to defray the current expenses of the School during
the ensuing two years. While our expenses may be increased
a little by a slightly larger attendance, we feel confident
that same appropriation as last $59,000; $34,000 for sup-
port, $25,000 for pay-roll will be adequate."
THE CONFEDERATE HOME
The Confederate Home at Higginsville, Mo., by an act
of the last Legislature, was declared to be an eleemosynary
institution of the State of Missouri. The land and all the
appurtenances thereto belonging, together with all personal
property, was vested in the State of Missouri, and the follow-
ing appropriations were made:
For support and maintenance
$24 000
For ordinary repairs and improvements . , .
2 400
Total ...
S2fi 400
GOVERNOR LON V. STEPHENS 337
During the two years just drawing to a close this insti-
tution cared for an average of 147 people, Including old
soldiers, their wives and their children under 14 years of
age.
The greatest number of inmates in the Home at any one
time during these two years was 152; the lowest, 130.
When the State took charge of the Home there were 118
inmates. Number admitted in the past two years, 101;
total number in the Home for two years, 219; number dis-
charged and withdrawn, 45; deaths in the Home for the past
two years, 22; number of children provided with homes after
reaching the age of 14, 5; number of inmates remaining in
the Home, 147; number of applicants, with papers filed, but
cannot be received for want of rooms and means of support,
33.
To feed 150 people and clothe 147, to pay salaries of
officers and employes, provide fuel, light, medicine and burial
expenses, an appropriation was made of 25 cents a day to the
inmate.
The deportment of the inmates has been excellent. The
old soldiers are happy and contented, notwithstanding the
necessary close economy to which they have been forced, in
view of the small amount provided for their support. A
large majority of the inmates are beyond 65 years of age,
and are afflicted, many of them being helpless. They have
no nurses or helpers except such as could be given by each
other.
The hospital building is entirely unfitted and inade-
quate, and a new one must be built. The water system is
old, worn out and a steam laundry is considered an absolute
necessity. Another great need is a cow barn and dairy, as
much for economy as health.
The farm fencing is old and rotten, while part of the farm
is practically without fence.
It is estimated by the Board of Managers and Superin-
tendent that the following appropriation will be needed:
338 MESSAGES AND PROCLAMATIONS OF
For iri&iiit6nd>xic6 and. support
S30 , 000
For improvements and repairs
13,500
For salaries of officers, employes, nurses, cooks, helpers, etc
19,240
Total .
$62,740
With these appropriations it is estimated that the insti-
tion can care for at least 200 people. The appropriation two
years ago was based on a population of 118 people.
The present Board of Managers are kind, considerate
and humane, and give much of their valuable time to the
Home and the needs of its dependent inmates. The Board,
in selecting Capt. George E. Patton as Superintendent of
the Home, acted wisely and well.
STATE FEDERAL SOLDIERS' HOME
The Board of Trustees of the Home organized June 25,
1897, by electing the following officers of the Board:
President, Capt. Louis Benecke.
Vice-President, Hon. J. W. Farris.
Treasurer* Hon. Charles F. Vogel.
Secretary, Mrs. Francis M. Wheeler.
We obtained deed from the W. R. C. Home Association,
conveying to the State of Missouri the valuable sixty-acre
tract of land and buildings, for the nominal consideration of
$1.00; the true value at a low estimate is $20,000, original
cost being over $40,000.
The management was compelled to make extensive
repairs, establish waterworks, and add a hospital building,
now nearly completed. The W. R. C, and G. A. R. organiza-
tion defrayed some of the expenses, finishing certain improve-
ments, contemplated prior to the transfer of property to the
State.
It required much of the time, gratuitously, yet cheer-
fully given by the executive officers of the Board in order to
bring this State institution up to that satisfactory condition
in which I found it when I visited the Home last summer.
GOVERNOR LON V. STEPHENS
339
It Is evident that this institution would have fallen
short of accomplishing what it has if it had been compelled
to rely exclusively upon the 810,000 appropriation made by
the State for two years.
The following statistical table will show that it has
practiced the utmost economy, without depriving the in-
mates of such comforts as should be bestowed upon this
class of our fellow citizens.
Number of inmates June 25 r 1897, when the State took
charge 18
Number admitted since 86
Total. 104
Number died since 9
Number discharged since 25
Total 34
Now on rolls, present and absent 70
Amount expended on permanent improvements up to
November 1 $1,389.49
Amount contracted, due upon completion of hospital
building 936. 00
Total $2,325.49
Amount expended for equipment of Home, hospital and
farm 1,091.75
Total salaries and wages, 16 months, to November 1, 1898 2,G64.87
Total cost of food, 16 months 3,179.40
Total 19,261.49
Average number inmates present during 16 months 38 5
Average cost of food per inmate 82.58
Average cost of food per inmate per month 5. 16.48
Average cost of food per inmate per day .17 216
Total cost for nurses and medicines 815. 11
Average cost for medicine and nurse per inmate (hospital) 22 . 39 . 22
Average cost for medicine and nurse per month per inmate 1 . 39 95
Average cost for medicine and nurse per day per inmate., .04.665
Number of double beds, 28; number single, 8 (hospital
cots not included).
340 MESSAGES AND PROCLAMATIONS OF
The first official report of the Board will be found to be
complete and interesting.
STATE INSANE ASYLUMS
There is no department of the State government I am
more interested in than the State insane asylums, and I am
happy to say that they are all at present in the most healthy
condition. The nearly 2,500 patients at Fulton, St. Joseph
and Nevada are as well cared for as if they were domiciled
in private institutions. They have good beds to sleep in,
their rooms are warm in winter and cool in summer, and
their tables are supplied with an abundance of good and
wholesome food. While it has been possibly the practice of
some former superintendents to economize in table supplies,
in order that their financial records may prove better, I
was pleased to learn from the members of the Board of
Charities and Corrections, who visit all the State institu-
tions, that the present superintendents and managers of
these asylums spare no expense to satisfy the appetities of
the inmates. Those indisposed are given soups, delicacies
and light refreshments suitable to their cases, and those in
healthy physical condition are supplied with meats, potatoes,
beans, bread, butter, coffee and milk three times a day. I
have personally visited these institutions and find that while
their superintendents are cautious and careful in their
financial investments, they feel that it would be an act of
inhumanity to curtail supplies that go to the upbuilding of
the man. It is said that the brain becomes diseased for the
most part because of diseased body, and it is the disposition
of our asylum physicians to see that the body is supplied
with good and wholesome diet, and good results have
followed, as will be shown.
We have three State insane asylums, the oldest being
that at Fulton, with Dr. J. T. Coombs as superintendent;
second at St. Joseph, Dr. C. R. Woodson, superintendent;
and the third and newest, located at Nevada, with Dr. J. F.
Robinson, as superintendent; and it is scarcely necessary for
GOVERNOR LON V. STEPHENS 341
me to say that under their management these Institutions
have flourished as never before, for their records of facts and
figures speak for themselves.
In the selection of the boards of managers I endeavored
to appoint men of good character who were not tied up in
local matters, to their prejudice against the State institu-
tions. It sometimes happens that a local member of a board
may be interested in the city's welfare more than in that of
the institution, but I am proud to say that each of my
appointees is much more greatly interested in the success of
the business management of the asylums than he is in other
affairs.
The managers and officers of the asylums at Fulton, St.
Joseph and Nevada are w r orking and acting in harmony.
There is no ill-feeling, jealousy or envy existing among any
of them. It seems that there is now a new life infused in
those interested in the management of these institutions,
and every effort has been made to demonstrate to your
honorable body that the protection of the State's unfortu-
nates is in charge of men who have hearts as well as pride.
I have received statements of the medical and financial
records of each asylum for the years 1897 and 1898, and for
the benefit of the people w r ho want to, and ought to, keep
informed about such matters, which are so important to
taxpayers, I hereby outline briefly the record of these asylums
during the above period.
FULTON ASYLUM
The Legislature of 1897 appropriated for the support
fund of the Fulton asylum $15,000 for the two incoming
years, but when Dr. Coombs took charge on April 13, 1897,
he found that $7,798.80 of this amount had been expended
by his predecessor, and that only $8,201.20 was left to the
credit of the institution to run it for a period of twenty-one
months. Thus apparently handicapped at the outset, Dr.
Coombs, with the support of his able board of managers,
conducted the affairs of the institution with such economy
342 MESSAGES AND PROCLAMATIONS OF
and good Judgment that to this date not one penny of this
$8,201.20 the entire support fund remaining from the
original appropriation has been expended, with the follow-
ing one item as an exception:
During the month of April, 1897, the new managers of the
asylum, knowing that the building was not fire-proof, pro-
tected themselves from responsibility by insuring the building
for 100,000 for a term of three years, paying the premium of
2,000 out of this remaining support fund, which at that time
was 8,201.20. The superintendent, in his report, advises
me that he will on January 1, 1899, turn over to the State
Treasury in the neighborhood of $5,000 more than was
remitted to him on April 13, 1897, and further announces
that he will not ask the committee on appropriations for any
support fund during the incoming two years.
The report of the Fulton Asylum, medically and finan-
cially, is as follows:
Number of patients admitted during 1897 200
Number of patients discharged recovered 104
Percentage of recoveries 52
Daily average number of patients 662
Number of deaths for year 1897 43
Percentage of deaths 6 . 49
*Number of patients admitted during the year 1898 . . . 267
Number of patients discharged recovered 114
*Pereentage of recoveries 60
Daily average number of patients 771
Number of deaths for year 51
Percentage of deaths 6 61
Cost per capita daily, 1897 42 J^
Cost per capita daily, 1898. 36 9-10
*Seventy-seven chronic insane patients were trans-
ferred from Jackson County Poorhouse January 26, 1898.
The percentage of recoveries is based on number admitted
(190) exclusive of these patients. Percentage of recoveries
based upon whole number admitted, including the 77 trans-
ferred, 42 7-10.
GOVERNOR LON V. STEPHENS 343
ST. JOSEPH ASYLUM
Asylum No. 2, at St. Joseph, I am glad to say is in the
best condition financially and otherwise. Dr. Woodson re-
ported to the last Legislature that he needed no support
fund, for his farm produced an abundance of stuffs necessary
to the table.
He reports to me that the institution was never before in
a more flourishing condition. His patients are increasing in
number, and he finds but little room for their accommoda-
tion.
During my administration the record of St. Joseph
asylum, medically and financially, is as follows:
Number of patients admitted during year 1897 283
Number of patients discharged recovered 120
Percentage of recoveries 42
Daily average number of patients 851
Number of deaths for the year . . 69
Percentage of deaths for year 8.11
Number of patients admitted during the year 1898 312
Number of patients discharged recovered 129
Percentage of recoveries 41
Daily average number of patients. 950
Number of deaths for year. 77
Percentage of deaths 810
Cost per capita, daily, 1897 41 2-3
Cost per capita, daily, 1898 41 1-3
NEVADA ASYLUM
Nothing but praise can be given also to the manage-
ment of Asylum No. 3, under the superintendency of Dr.
J. F. Robinson. This institution has always asked for sup-
port fund, and at the last session of the Legislature it was
given $15,000, but very little of this has yet been expended,
the rest will be turned back into the Treasury.
During the last two years the medical and financial
record of the Nevada Asylum is as follows:
Number of patients admitted during the year 1897 225
Number of patients discharged recovered, 1897 131
Percentage of recoveries 58 . 2
Daily average number of patients 593
344 MESSAGES AND PROCLAMATIONS OF
Number of deaths per year 38
Percentage of deaths - 6.38
Xumber of patients admitted during year 1S98 241
Xiimber of patients discharged recovered 123
Percentage of recoveries 51
Daily average num"ber of patients 632
Number of deaths for year 1S98 46
Percentage of deaths 7 . 27
Cost per capita, daily, 1897 40
Cost per capita, daily, 1898 48
In preparing and presenting to you the above statistics
I may be encroaching somewhat upon the functions of the
Legislative Visiting Committee, whose detailed report will
be submitted later, but I am induced to make use of these
figures at this time to impress the fact that the number of
inmates in the institutions are gradually and steadily grow-
ing larger as the months pass away. When the Nevada
asylum was built and turned over to the State during the
year 0000 [1887] it was supposed that its magnitude would
accommodate our unfortunate insane for years to come, to
say nothing of the vacant w r ards in the other tw^o asylums.
As our State increases in population so do our eleemosynary
and penal institutions increase in the number of their in-
mates, and the Legislature must take care of their inevitable
needs. These three insane asylums have as many patients
under their care as they can accommodate and each will ask
you to appropriate sufficient funds to build wings for further
convenience. This must be done, or it will be necessary for
you to pass a bill, carrying with it the necessary appropria-
tion, authorizing commissioners to secure a place of location
and build a new and separate institution. Which suggestion
is the more feasible I will leave to your honorable body to
consider.
EXECUTIVE MANSION
Ex-Gov. Stone, in his last message to the Legislature,
referring to the condition and needs of the Executive
Mansion, said:
"The Executive Mansion should be repainted both
inside and out at an early date, and it stands in absolute
GOVERNOR LON V. STEPHENS
345
need of other extensive repairs. It should also be refurnished.
It was newly furnished about eight years ago, but since then
practically nothing in the way of furnishing has been added.
The Mansion is used as a semi-public building. It is fre-
quently thronged by large numbers of people, and the use to
which its furnishing Is subjected makes it necessary that it
should be replaced every seven or eight years. In addition
to the ordinary contingent fund, I recommend a special
appropriation to be used in making repairs and procuring the
furnishings referred to."
The Legislature accordingly appropriated $7,000 for
repairs, refurnishing, painting, etc., which was expended,
as follows:
Repairing and Refurnishing Governor's Mansion.,
Section 14, Page 5, Laws 1897.
(Appropriated for years 1897 and 1898, $7,000.)
Persons to whom warrants were issued.
Warrants
issued in
1897.
Warrants
issued in
1898.
Bakrow Block & Begley, linen
$28 50
Burkhardt, T. G., repairs to clock
$1 00
Comstock Furniture Co., decorating, refurnish-
ing, painting etc
5 446 00
Dallmeyer Dry Goods & Carpet Co., sheeting,
etc
6 93
3.30
DeLacand, H., table linen
105 00
Fleming Otto, repairs to bells .
3 50
Gray China Co R B C[ueensware . .
222 40
Gundelfinger Dan repairs and hardware . .
81 90
Harris E rugs
27 00
Hazelhorst C G lumber
2.98
Heinrichs J F repairs . . .
12.20
Helstein Frank repairs to awnings
11 00
Hickman John, repairs
4.00
Jefferson City Light, Heat & Power Co., re-
pairs
71.20
10.05
Jefferson Heating Co., repairs
11.55
Jeffreys H. A., repairs
29.95
Less. Samuel, linen
27.00
346 MESSAGES AND PROCLAMATIONS OF
(Appropriated for years 18H7 and 18 r> 8, $7,000) Continued.
Persons to whom warrants were issued.
Warrants
issued in
1897.
Warrants
issued in
18 8.
IVlnce Charles G repairs
$1 50
jVIflLver C hardware .
7.40
$2 20
Missouri Tent & Awning Co., tent . . .
40 00
]MIller 1V1 Gr wallpaper
2 50
3VFf tchell John repairs
65 00
"VLonnig, Hugo moulding, etc
7.55
15 12
Opel & Co , Charles repairs
113.70
48.05
Pacific Express Co. expressage
5 75
Ross John NT., painting
6.00
10 00
Scarrett-Com stock Furniture Co., velours . . .
16,00
Schultz Dry Goods & Carpet Co., rugs, etc. .
Scruggs, Vandevoort & Barney, rugs
10 10
7.50
14 25
Sessinghaus, Fred, repairs
121 00
Sinks & Turner, china, etc
9.10
Simmons Hardware Co., cutlery
8.85
Shockley A J hardware
10 90
Starke, J. D Warden, duck for floors etc
48 86
Stephens, Mrs L. V., dimity
24 05
Stephens, IVfrs. L. V., tuning piano
6 50
Taylor, C. C. f tuning pianos . .
17 50
Wi throw, George, cleaning boiler .
2 00
Eugene Jaccard Jewelry Co
200 00
Totals for 1897 and 1898
$6 304 98
$5621 86
Balance on hand Nov. 14, 1898
$73 16
Nothing more is needed for repairs, refurnishing, etc.,
at present, but the usual amount appropriated for the
biennial period for the ordinary contingent fund will be
required to keep It in proper condition during the two yeajrs
remaining of this administration.
RECOMMENDATIONS
CONSTITUTIONAL CONVENTION
Permit me to call your attention to the propriety of a
convention to revise and amend our present Constitution.
GOVERNOR LON V. STEPHENS 347
Many of our most intelligent and thoughtful citizens believe
that the time has arrived when this action should be taken.
The expenses attending such a convention, it is claimed,
would be more than met by the reduction in criminal costs,
if the proposed changes which I have suggested should be
adopted. There is no danger that the interests of our people
will suffer by the assembling of such a body. The work
will have to be submitted and ratified by the people of the
State, and they can be safely trusted to see that no improper
provisions are incorporated into our organic law. It is un-
questionably true that many changes might be made in the
present Constitution with profit to the State and benefit to
our people. I simply call it to your attention as a matter
worthy of your most thoughtful and serious consideration.
BOARD OF PARDONS
In this connection I beg leave to inform your body that
the most onerous duty the Governor is called upon to per-
form is that of examining applications for the pardon of
prisoners confined in the penitentiary, jails and workhouses.
Petitions for pardons comprise a large portion of my
daily mail, and the file cases are now filled with 1,200 or more
applications. One can therefore readily observe that in the
multiplicity of my duties as Executive it is impossible for me
to examine all these applications, in fact there are many
that I have never seen. I regret the state of affairs for I
may be overlooking cases deserving merit.
While a great per cent of these petitions is framed, circu-
lated and transmitted by over-zealous friends of the con-
victed, there are some containing appeals deserving atten-
tion.
These petitions are not only sent me through the mail
but are conveyed personally by the wife, father, mother,
relative, friend or lawyer of the convict. These people come
many miles for the purpose of interceding with the Governor,
and however busy I may be with matters of grave im-
portance, affecting the welfare of the State, it has been my
348 MESSAGES AND PROCLAMATIONS OF
policy and custom to grant them audiences. It therefore
not uncommonly occurs that days pass away consumed in
reading and hearing lengthy petitions and arguments, inter-
spersed with entreaties and prayers of the distressed, entirely
to the neglect of other issues which should command my
attention.
In order that the Governor may be relieved, to some
extent, of this burden, I would suggest that you create what
is commonly called a "Board of Pardons," or "Board of
Recommendations."
The Constitution authorizes the Governor of the State to
exercise the pardoning power and the creation of this Board
could not divest him of this prerogative. The Board could
only be empowered to examine into the merits and demerits
of all applications for pardons and report findings and
recommendations to the Executive for his further considera-
tion and action.
Such a Board as I have suggested has been established
in the following states: Maine, Minnesota, Montana,
Nevada, New T Hampshire, New Jersey, New Mexico, Ohio,
Pennsylvania, Utah, Washington, Louisiana, Kansas, Illi-
nois, Florida, Connecticut and Colorado.
My advices are that this law in these states has been
faultless in its operation and in no instance has an effort
been made to repeal it. The framing and terms of the law
is different in the various states. The Board should be com-
posed of three men of high standing, not connected with the
administration, with a salary sufficient to warrant their
attention to the duties of the office, to sit at stated intervals
during the year, pass upon all applications before them and
report the result of their deliberations to the Governor.
It is my opinion that such a Board as I have mentioned
could be established and operated on an economical basis
and with practical saving to the State.
I do not wish it understood that I want to shirk any
of the duties imposed upon me as your Chief Executive, but,
as the business and correspondence of the department in-
crease and accumulate as the State grows in population and
GOVERNOR LON V. STEPHENS
349
Importance, it is impossible for the Governor under the
existing circumstances to examine into all the details of his
duties as he would desire.
It is further argued that this board, deprived of other
cases could more thoroughly investigate meritorious appli-
cations and ascertain whether or not prisoners had been
victims of fraud, deception, intrigue or conspiracy, as is
commonly the case.
BANKING BUREAU
I submit herewith the official statement of the 494
incorporated and 85 private banks in the State of Missouri,
at the close of business on the 14th day of July, 1898, pre-
pared for me by Secretary of State Lesueur:
RESOURCES
Loans and discounts undoubtedly good on personal
or collateral security $69, 170,376 28
Loans and discounts undoubtedly good on real estate
security 6,991,521.34
Overdrafts by solvent customers 771 , 803 . 34
United States bonds on hand 305,984 22
Other bonds and stocks at their present cash market
price 5,896,437.87
Real estate (banking house) at present cash market
value 2,249,04938
Real estate other than banking house at its present
cash market value 1 , 159 ,213 . 07
Furniture and fixtures 578,388.37
Due from other banks, good on sight draft 17,872,944.21
Cheeks and other cash items 1,816,523.04
National bank notes, legal tender United States notes
and gold and silver certificates 6 , 092 ,722 .11
Gold coin 3,201,406.73
Silver coin, including pennies 669 ,420 , 51
All other resources 143,476,62
Total $116,919,267.09
350
MESSAGES AND PROCLAMATIONS OF
LIABILITIES
Capital stock paid in
Surplus funds on hand
Undivided profits less current expenses and taxes paid
Deposits subject to draft at sight by banks and bank-
ers
Deposits subject to draft at sight by individuals and
others
Deposits subject to draft at given dates
Bills payable and bills rediseounted
Dividends unpaid .
Liabilities other than those above stated
Total .
$20,408,270.00
7,346,724.28
1,280,871.44
6,108,200 11
62,725,948.38
18,292,642.44
642,096 57
54,323.69
60,190.18
$116,919,267.09
Hon. H. L. Gray, the State Supervisor of the Building
and Loan Associations, in this Third Biennial Report, says:
"Reports have been received from 222 associations;
141 from associations outside of St. Louis, ai^d 81 in St.
Louis. The tables of resources and liabilities, total, $18,-
255,186.22; outside of St. Louis $9,816,400.92; in St. Louis,
$8,438,785.30."
The total resources and liabilities, therefore, of all
State and private banks, and Building and Loan Associations
aggregate, $135,174,453.31.
Two or more Governors have called the attention of the
Legislature to the importance of establishing in Missouri a
Banking Bureau. I urge you to give the matter your best
attention. If it were important to establish a special bureau
for the building and loan associations, with resources
amounting to $18,000,000, it ought to be six and one-half
times more important to establish a special bureau for the
579 banks of the State, with resources reaching the enormous
sum of $116,000,000.
The Bank Commissioner could not only be given control
of the banks, but of all the building and loan associations
as well, and also of the Trust companies, if they are allowed
to continue doing a banking business.
GOVERNOR LON V. STEPHENS 351
All expenses of the Banking Bureau should be met by a
tax, levied in proper form on the institutions committed to
the management of the Commissioner. The total resources
of the banks and the building and loan associations of the
State are 134,174,453.31. An annual tax upon these
resources of about 1-66 of [one] per cent would raise enough
revenue to pay the following salaries of officers, and all
other expenses of the Bureau:
Commissioner, per annum
Chief clerk, per annum
Three bookkeepers, per annum
Three bank examiners, per annum . . .
Two B. and L. examiners, per annum.
Stenographer, per annum
All other expenses.
Total per annum.
83,000
2,000
3,600
4,500
3,000
900
3,000
$20,000
If the Trust companies are placed in the department,
the levy for maintaining it will be materially reduced, while
the expense would be but slightly increased.
The law, as it now stands, with reference to our banking
institutions is crude, imperfect and unsatisfactory. There
is no more reason for the Banking department being in the
office of the Secretary of State, than there is for it being in
the Geological department, the Insurance department, or
the penitentiary. Fortunately for the State and all inter-
ested, our present Secretary of State has proven himself
competent and efficient, and by my recommendations no
reflection is intended upon him or his administration. The
Secretary in a State of the size and population of Missouri
has all he can do, in looking after the legitimate demands
made upon him, without having the additional cares and
responsibilities of a work, which should require the undivided
time and the best services of a trained and practical banker.
352 MESSAGES AND PROCLAMATIONS OF
ST. LOUIS INVESTIGATIONS
I further ask your consideration of the condition of
public affairs in the City of St. Louis the metropolis of
the State with whose welfare the interests of the whole
State are identified, whose advancement and success means
so much to the people at large, contributing as it does three-
fifths of the revenue of the State and adding to its greatness
in many ways. Its management and proper municipal
government, therefore, are matters of great concern to all.
For a long period corruption and the grossest mismanage-
ment of its public affairs have been openly charged by its
citizens and press. Governed by laws enacted by the
Legislature, and ordinances passed by its municipal assem-
bly, it is for you, the members of the chief law r -making power
of the State, to consider and act upon the charges of official
corruption and mismanagement. Indictments for official
misconduct are invariably followed by acquittals, until it
rests with you to bring to justice those officials who abuse
the public trust. It is charged that ordinances are passed
by the municipal assembly, granting concessions of immense
value to corporations which secure the city only a paltry
sum, and are passed by means of bribery, and that the in-
fluence of street railway syndicates with the assembly Is
cause for scandal throughout not only the city but the entire
State. It is also charged that on the pay-rolls of the city men
are carried and paid who have never been in the city's
employ, and that corruption exists in the assessment, col-
lection and distribution of public revenues.
The departments devoted to the control and suppres-
sion of vice and crime are more criticised than all others, and
a rigid and thorough investigation extending through the
police courts, courts of criminal correction, the management
of grand juries by the circuit and assistant circuit attorneys,
and the operation of the police department should be in-
vestigated, and means found to stop the grafting and pro-
fessional bondsmen system which has grown up and fattened
on partizan political influence. The practice of law in the
GOVERNOR LOX V. STEPHENS <3,j3
First District Police Court and the Court of Criminal Cor-
rection should be elevated, and officials representing the
city and State in criminal prosecutions should be severely
dealt with, if your investigation discloses the fact that they
have been guilty of shielding offenders against the law and
criminals from the just consequences of their acts. The
charges that cases are nolle prosequed, fines and bond for-
feitures set aside, and a man's political pull is more powerful
than the law, and makes a mere mockery of justice, should
demand your closest attention. And it is further charged
that many other officials in St. Louis are gulity of mal-
feasance in office.
These reports have come to me from many sources;
they are of such a character that I can not, consistently,
with the position I occupy, with the duty I owe all the people
of seeing they are protected in their rights, fail to direct your
attention to this state of affairs. There is no adequate
remedy for the evils that exist in the public affairs of the
City of St. Louis, except intervention at your hands. The
law clothes you will full powers to investigate all evils exist-
ing in the management of the public affairs of this State.
Believing there is, and has been for a long time, the grossest
recklessness, if not corruption, in the management of the
public affairs of St. Louis, and that it can best be corrected
at this time by you, I respectfully recommend that you,
through your committees, proceed as speedily as possible
to St. Louis, and there carefully investigate the adminis-
tration of its various branches of government, and if the
evils charged are found to exist, that you promptly enact
such laws as in your wisdom shall be necessary to secure to
the people of this great city all their just rights. The in-
vestigation must be conducted solely in the interests of the
whole people, and party spirit must be laid aside, and those
departments conducted by Democrats should receive the
same searching investigations as those under Republican
rule. The people want to know the truth as to the charges
so often repeated, and a clear, unbiased report containing
the exact facts, will enable them to punish the guilty and
12
354 MESSAGES AND PROCLAMATIONS OF
place the responsibility for official corruption and dis-
honesty where it properly belongs. The impartiality of the
investigation will be one of its chief merits and will inspire
confidence and respect for the findings of your honorable
body.
THE MONEY SHARK QUESTION
One of the greatest abuses that has been called to my
attention is the business of that class of money lenders in
our large cities, popularly known as "money sharks" and
"shylocks."
These people loan money to needy persons, and exact
for its use interest ranging from five to forty per cent a
month.
Alluring advertisements, and runners are employed to
secure business, and the unhappy victims, sometimes driven
by necessity, but more often attracted by the energetic
solicitation for business, which the shark employs, borrows a
small sum of money, and becomes the slave of the money
lender, who dictates his employment and holds him in abject
subservience. Three men in St. Louis committed suicide
within the last few years because of the persecution of the
"money sharks," and the destruction of families and the
vassalage of its members continue to grow.
The principal sufferers are the employes of the Railroad
and Telegraph Companies. As the money lender works in
connection with members of his nefarious calling in other
cities, and sends his paper to be collected to states where the
law does not watch the interest of the debtor as it does in
Missouri, that is, where the debtor cannot take advantage of
exemption laws similar to our own. A favorite method is to
bring suits in justice courts in the districts back of East
St. Louis against men living and working in St. Louis. They
garnishee the Railroad and Telegraph Companies in Illi-
nois for a loan made in Missouri, and but in rare cases will
they attempt the collection of a claim in this State. It is
also their custom to pay employes of the large corporations
commissions for soliciting business and collecting money
GOVERNOR LOX V. STEPHENS 355
from fellow-employes, and seem to be well informed through
this source of the amount of money due each man, and when
It will be paid.
It has been the custom of certain large corporations to
discharge men who are garnisheed, without investigating the
cause or justice of the garnishment, because of the incon-
venience and expense to which they are put by the money
lender. In this connection I wish to state that the Western
Union Telegraph Company modified its rule covering the
discharge of employes who were garnisheed, and its com-
mendable action in giving its men an opportunity to fight
their cases in court is having a salutary effect upon the
vultures who demand their pound of flesh.
In order to properly deal with these men who prey upon
the misfortunes of others, and grow fat upon blood money
taken from the poor, I recommend that a law against usury
be passed that will provide for a heavy fine and imprison-
ment, and that its terms be made so broad that evidence
can be readily secured to bring about conviction. The
custom of sending these usurious notes to a foreign state for
collection for the plain purpose of avoiding our exemption
laws should be declared a conspiracy, and a punishment
provided for it.
COLLATERAL SUCCESSION TAX
I call your attention, in considering the proper subjects
of taxation, to the propriety of enacting a suitable tax on
collateral successions. Writers on political economy declare
that this is the most equitable, fair and just exaction that
can be made for the support of government. The property
which passes to the collateral relative is devolved upon him
by the laws of the State, and it has been held by the courts
that it is a legitimate exercise of the taxing power to levy an
appropriate exaction for the privilege conferred of receiving
such property. Similar laws are in force in many of our sister
states, notably, New York, Pennsylvania, Illinois, Montana,
and others, and the system is said to work satisfactorily.
356 MESSAGES AND PROCLAMATIONS OF
The Thirty-eighth General Assembly passed an act upon
this subject. The Supreme Court, however, declared the
tax invalid for a number of reasons, principally because it
was under the wording of the act, held to be a.- tax upon the
property, and not a license or excise due for the privilege
conferred by the State upon the party succeeding to the
property of the deceased. It was further held in that case
that a graded tax could not under our Constitution be levied
in such cases, and also that it must be for a public purpose,
and not to aid certain specified classes, as w 7 as done in that
case in providing free scholarships for specified classes at the
State University.
Experience has demonstrated that quite a large sum
will be derived from a tax of this character, and a proper
law upon this subject will doubtless be upheld by the
courts.
I am advised, since the above suggestions were written,
that the friends of the State University have prepared a bill
for a collateral inheritance tax, a certain part of which is to
be used for the University's support. I think the proposed
bill is constitutional and meets the objections to the Yeater
bill, passed upon by the Supreme Court and if it is enacted
into law will have executive approval.
TAXATION OF FRANCHISES
From 1821 to 1865 there was but a single paragraph in
the Missouri Constitution concerniDg taxation, that being
Article 13, Clause 19, which provided "that all property
subject to taxation in this State, shall be taxed in proportion
to its value."
In the 15 Mo. Rep., page 24, the Supreme Court of
Missouri, in construing this clause, said: "The clause is
evidently mandatory upon the General Assembly, when
exercising the taxing power and furnishes a rule not to be
departed from. "What property shall be subject to taxation
is left to their discretion, but when they have selected the
GOVERNOR LON V. STEPHENS 357
subjects, the rule for assessing the tax is in proportion to the
value of the property."
In 1865, however, the people withdrew this autocratic
power from the Legislature by the addition of Article 11,
Section 15, to the Constitution of that year, which provides
that "no property, real or personal, shall be exempt from
taxation, except such as may be used exclusively for public
schools, and such as may belong to the United States, to this
State, to counties, or to municipal corporations within this
State." The provision of the old Constitution, Article 13,
Clause 19, \vas also changed to read as follows: "That all
property subject to taxation ought to be taxed in propor-
tion to its value."
In 1872, in the case of Life Association of America vs
The Board of Assessors of St. Louis County, the Supreme
Court of Missouri had these clauses under consideration
and decided that "the discretion as to what property should
be taxed has been withdrawn by this constitutional enact-
ment from the Legislature, and the Legislature was then
expressly forbidden to exempt any property from taxation,
except that enumerated in the Constitution."
In speaking on this question, the Court said (49 Mo.
Rep. pp. 520-521): "I am not inclined to the belief that this
power of commutation exists under our present Constitu-
tion. A literal reading of the clauses hereinbefore referred to
are surely in opposition to it. The Constitution, by its
injunction that no property should be exempt from taxation,
and the requirement that it should be taxed in proportion to
its value, was framed with the express purpose of remedying
a great mischief. It is well known that under the former
Constitution the burdens of taxation were often unequal and
unjust. Capitalists and corporations were in the habit of
getting exemptions, so that a large proportion of their wealth
was withdrawn from paying its proportionate share in ad-
ministering the government, and a corresponding increase
was thrown upon those who were least able to pay. The
small property-holders, who comprise the great mass of
the taxpayers, usually pay their taxes promptly, without
358 MESSAGES AND PROCLAMATIONS OF
question, and seldom combine for the purpose of procuring
any special privileges or exemptions. But capital, grasping
and eager, lynx-eyed and vigilant, always ready to reach for
profits and shrink from the burdens, able and ready to bring
powerful combinations to bear to influence legislative action,
will be always ready to take advantage of a construction of
the Constitution, which will enable it to shift the burdens
it ought to bear on the shoulders of others. It was to avoid
this injustice and cut off all opportunity for class legislation
that the Constitution made the provision forbidding all dis-
crimination."
The present Constitution of 1875 provides as follows:
Article 10, section 2. "The power to tax corporations
and corporate property shall not be surrendered or suspended
by act of the General Assembly."
Section 4, article 10, provides: "All property subject
to taxation shall be taxed in proportion to its value."
Section 6, article 10, exempts the property, real and
personal, of the State, and all counties and other municipal
corporations, and cemeteries and lots in unincorporated
cities or towns, or within one mile of the limits of such city
or town, to the extent of one acre, and lots one mile or more
distant from such cities or towns, to the extent of five acres,
with the buildings thereon, when the same are used exclu-
sively for religious worship, for schools, or for purposes
purely charitable; also property, real or personal, used ex-
clusively for agricultural or horticultural societies.
Section 7, article 10, provides: "All laws exempting
property from taxation, other than the property above
enumerated, shall be void."
It will thus be seen that the provisions of the Constitu-
tion of 1875 have simply strengthened the organic law of the
State against exemptions from taxation.
Section 5, article 10, provides that "All railroad cor-
porations shall be liable to taxation on their gross earnings,
their net earnings, their franchises and their capital stock."
Section 7510, R. S. of Missouri, 1889, concerning the
revenue and defining the terms used in said chapter, provides
GOVERNOR LON V. STEPHENS 35^
that "The term, property, wherever used In this chapter
shall be held to mean and include every tangible or intangible
thing, being the subject of ownership whether animate o 1
Inanimate, real or personal.
Section 7503, R. S. of Missouri, 1889, provides as fol-
lows: "For the support of the government of the State, th<
payment of the public debt and the advancement of th<
public interests, taxes shall be levied on all property, rea
and personal, except as stated In the next section,"
The next section exempts such property as Is exemptec
by the constitutional provisions heretofore referred to.
It would seem and In my opinion it is tiue, that the
term property, as used in these revenue statutes, woulc
include the franchises of all corporations in the State o
Missouri. Some question having been raised as to sue!
proposition and it being true that a great deal of the mosl
valuable part of corporate property is composed of thai
Intangible portion known as the franchises, I, therefore,
believe that it would be wise for the Legislature to enacl
specific legislation on this question, providing for the taxa-
tion of that intangible class of corporate property known as
corporate franchises.
From the decisions of the Supreme Court above men-
tioned and the provisions of the Constitution, it is plain
that the framers of the Constitution intended that the Legis-
lature should tax all property not exempted by constitutional
provisions. The small property owners comprise the great
mass of the taxpayers of the State. But in addition to the
property tax paid, there is a large number of our citizens
who are assessed for taxes on their occupations, and, looking
among the revenue statutes, we will find what might be
termed occupation taxes imposed on merchants, auctioneers,
brokers, agents, manufacturers and many others following
industrial pursuits. These taxes are not based on property
considerations, but are imposed for no reason except neces-
sity occasioned by need of revenue. These taxes are en-
forced by means of the criminal provisions of the statutes,
which require violators Of these provisions to respond with
360 MESSAGES AND PROCLAMATIONS OF
their persons by the processes of arrest, fine and Imprison-
ment. To this class also of taxpayers must be added the
thousands of people in our State upon whom rest the in-
direct taxes passed from man to man in the shifting changes
of business, until at last they land on the consumers of the
necessaries of life. These small property owners and toilers
in daily work; these men who pay the grocery bills, mer-
chandise, clothing, rent and fuel bills, constitute the great
mass of the tax-payers, and they are the ones who are least
able to pay.
Certain classes of corporations are also subjected to a
tax apparently for the franchise of carrying on their business
as, for Instance, the insurance companies pay a tax of two
per cent upon their business in this State, which tax is paid
directly into the State Treasury. If it is thought that these
occupation taxes should be imposed throughout our State
upon the merchants, brokers, manufacturers and others
following industrial pursuits, then I deem it but fair and
proper that these legal entities known as corporations, who
owe their birth and sole existence to the State government,
should be taxed upon the franchises and privileges they have
of carrying on their business as corporations, and therefore
I would suggest that it would be wise to enact legislation to
tax the franchises of the corporations of the State.
As an evidence of this intangible property, known as the
franchise, in one of the great cities of this State recently a
gigantic corporation has contracted to pay, in round num-
bers, one million of dollars for the franchise over certain
streets in said city.
A STATE AGRICULTURAL FAIR
The question of a State Agricultural Fair is being
seriously and earnestly discussed by the progressive element
of our farmers. Many other states, not so favorably situated
as Missouri for the production of high class agricultural
products, and without our famous prize-winning herds of
live-stock, that offer successful competitors in the world's
GOVERNOR LON V. STEPHENS 361
most noted contests, and with revenue not so abundant,
have found It profitable to maintain institutions of this
character. A State Fair will go far to awaken a slumbering
interest, and to benefit the industrial classes along all lines,
in stimulating a healthful rivalry in the raising of fine stock
and poultry, better and more corn, wheat, rye, oats, barley,
cotton, potatoes, etc., to the acre; bigger and redder apples,
and in the introduction of improved, up-to-date farming
methods, to say nothing of its social and business features.
California appropriates annually $20,000 to her State
Fair, and 82,500 to each district fair.
Connecticut gives annually to her State Fair $2,500,
and a total of 85,800 to her county and district fairs.
Indiana gave $50,000 for the establishment of the State
Fair, and 310,000 annually in payment of agricultural
premiums.
Iowa and the city of Des Moines gave $100,000 for the
establishment, and $100,000 has been used in the improve-
ment from gate receipts. The State during the last twelve
years has given $35,000 for the agricultural premiums, and
pays annually $200 to each county society.
Massachusetts gives $20,000 annually to the State
Board of Agriculture for the support ot agricultural societies.
Minnesota gave $100,000 for the establishment of a
State Fair, and $4,000 annually for agricultural premiums.
Maryland gives $5,000 annually for support of agri-
cultural societies.
Maine gives annually $3,650 for agricultural premiums.
New Jersey gives annually $3,000 for agricultural and
live-stock premiums.
New York gave $200,000 for establishment of the State
Fair, and $22,000 annually for premiums for promotion of
agriculture.
Nebraska appropriates $2,000 annually for encourage-
ment of agricultural products.
Ohio gave $300,000 for grounds and equipment of State
Fair, and $33,000 annually for agricultural premiums.
362 MESSAGES AND PROCLAMATIONS OF
Wisconsin gave 50,000 for establishment of State Fair,
and 6,000 annually for support,
Rhode Island and Pennsylvania, and other States, make
annual appropriations for agriculture and live-stock premi-
ums and the encouragement of agricultural products.
I believe it ig $300,000 that Illinois gave to establish
her State Fair, and about 20,000 annually for agricultural
premiums.
Some of these State institutions have been in existence
for more than half a century, and it is believed they have
done great good for the State.
Adjutant General Bell recommends that a tract of land
be purchased, to be used as the annual camping grounds for
the National Guards of the State, and that $10,000 be
appropriated for this purpose. It is not unlikely that for
the benefit to be derived therefrom, that there are many
communities in Missouri which would gladly donate to the
State, a tract of land sufficiently large to answer for both the
encampment grounds and the fair. The encampment, if
held during fair week, would prove a popular attraction and
would materially help contribute to the success of the fair.
This matter is well worth your most careful and earnest
consideration.
TRUSTS AND MONOPOLIES
In this age a social existence apart from commercial
privileges is almost inconceivable.
Society itself is a compact between Its members; and
such compact is the basis, the referendum of the innumerable
subsequent contracts and commercial transactions by which
in part the social state is perpetuated.
"Therefore, the right to trade freely with his fellows,
whether of the same political sphere or in the widest sense
is as much an inalienable and absolute right as the privilege
or removing from place to place."
But of course this right of commercial exchange must
be subject to such abridgment as is warranted by considera-
tions of public policy.
GOVERNOR LON V. STEPHENS 363
The Legislature of our State has deemed It proper to
announce, by the enactment of the anti-trust law, the public
policy of Missouri to be to restrain combinations, to prevent
competition in legitimate business.
A proviso was inserted in said law exempting insurance
combines in cities of 100,000 inhabitants from the opera-
tion of said law.
Insurance combines to control rates are forbidden by
the same act in the interior of the State. I think the same
law should apply to the city as to the country.
I believe if it is made illegal to combine to control rates
in the country in towns like Springfield, Joplin and St.
Joseph, it should be illegal to do so in Kansas City and St.
Louis.
The law as it stands operates to give fire insurance cor-
porations, doing business in St. Louis and Kansas City, a
special exemption and privilege not given insurance com-
panies doing business in Moberly, Hannibal or elsewhere in
the State, to wit: The right and privilege in said cities of
100,000 inhabitants or over of combining to control in-
surance rates and without being subject to the penalties
provided in the anti-trust law.
In other words, if lumber merchants, wholesale dry
goods merchants or millers, or individual underwriters or
marine or accident insurance companies combine to main-
tain and control prices in Kansas City or St. Louis an offense
is committed, but if fire insurance companies so combine no
offense is committed because the law referred to exempts
them.
I regard this as contrary to our public policy, as I
understand it, which is that all must have the equal protec-
tion of the law. Unequal, partial and discriminatory legisla-
tion which secures rights to some favored class or classes and
denies it to other, is contrary to the spirit and safety of our
institutions.
While corporations, in the line of their corporate powers,
should have equal rights and privileges with natural persons,
yet they should have no more.
364 MESSAGES AND PROCLAMATIONS OF
As has been well said: "When we consider the nature
and the theory of our institutions of government, the prin-
ciples upon which they are supposed to rest, and review the
history of their development, we are constrained to con-
clude that they do not mean to leave room for the play and
action of purely personal and arbitrary power."
The first official action of this nation declared the
foundation of government in these words: "We hold these
truths to be self-evident, that all men are created equal,
that they are endowed by their creator with certain in-
alienable rights, that among them are life, liberty and the
pursuit of happiness."
While such declaration of principles may not have the
force of organic law, or be made the basis of judicial deci-
sions as to the limits of right and duty, and while reference
must be had to the organic law of the State and national
constitutions is but the body and the letter of which the
Declaration of Independence is the thought and spirit, and
it is always safe to read the letter of the constitution in the
spirit of the Declaration of Independence.
Special privileges and arbitrary legislative favoritism
got their first footing through the silent approach of exemp-
tions from the operation of general laws, and the usual bur-
dens imposed thereby on the mass of citizens.
The trust is organized to control the market and control
it without opposition.
It is no sufficient answer for the trust to say that com-
petition is not entirely destroyed or that prices have not
been unreasonably advanced by the formation of the com-
bine. The sound, safe rule of public policy should not stop
to inquire as to the degree of injury inflicted upon the public;
it is enough to know that the inevitable tendency of such
combinations is injurious to the public.
Legislation of the kind above referred to enables trusts
to thrive instead of restraining them.
It invades and violates the rule of equality before the
law.
GOVERNOR LON V. STEPHEN'S 365
Equal privileges and equal burdens and restrains for
all should be the rule of public policy.
It is admitted that under this proviso in the statutes an
insurance trust exists in Kansas City and St. Louis.
A trust is only organized to do away with competition.
Without that result it is a failure; with it a success.
Can there be permanent combinations in all lines of
business, and is competition to disappear?
Will the people acquiesce in it, or will they put down the
combination? I believe that trusts and monopolies must be
abolished.
Therefore, I recommend the repeal of the proviso of the
anti-trust law exempting fire insurance companies in cities
of 100,000 inhabitants or over from its operation and effect.
I believe the same national characteristics w r hich sus-
tained Jackson in his overthrow r of the old United States
bank can be relied upon to deal successfully with the modern
trust.
DEPARTMENT STORES
In connection with the "trusts and monopolies" I
desire to call your attention to the large department stores
in the cities of St. Louis and Kansas City.
It is held to be by many of the prominent citizens of
St. Louis and Kansas City that they are detrimental to the
best interests of the people of the State, effecting as they do
the great majority; and as legislation is for the purpose of
conferring the greatest good to the greatest number, you
should correct these evils, if evils they are found to be.
Arguments have been presented to me to show that these
department stores, in the cities of over 100,000 inhabitants,
are ruining the small dealers in the country towns as well as
in the cities. They are building up a great combination of
goods under one roof and depriving the smaller dealers of
their legitimate profit, and are forcing them out of business
altogether.
This is not a subject which I have given, as yet, much
thought. I simply desire to call your attention to it.
366 MESSAGES AND PROCLAMATIONS OF
ROAD IMPROVEMENTS
The question of road improvement should, and will, I
am sure, engage your earnest consideration. Neglect of
our public highways in the past has occasioned untold in-
convenience, retarded a development of the State, and has
proved costly. A great diversity of opinion as to necessary
action has heretofore prevented the Legislature from reach-
ing a satisfactory conclusion, but the importance of improved
public highways to a full development of the State's agri-
cultural and industrial pursuits, suggests that prompt and
efficient action should not be further delayed.
The present law has Dot given satisfaction. Its multi-
plicity of provisions are not understood; many are inopera-
tive and some are colossal failures. Road improvement
has not been commensurate even with the revenues ex-
pended. Poll tax paid in labor, as under the present law,
yields but slight returns and cannot be depended upon for
highway improvement. The injudicious expenditure of
road funds is the rule rather than the exception. In only a
few instances has any system been adopted looking to per-
manent improvement. Generally speaking, the roads are
badly located, no grades have been established, no under-
drainage of the road-bed has been provided for and the sur-
face drainage, if any, has been crudely and imperfectly
done. Culverts are temporary make-shifts, bridges are
cheap and dangerous structures, all indicating that the advice
of a competent engineer is a necessity in economical and
successful road construction, and that the work should be
directed by a skilled road builder. The road laws should be
revised and simplified. All revenues for road purposes, both
poll and property tax, should be paid in cash.
When a system is perfected for the economical and
judicious expenditure of the present available revenues,
the people will promptly respond to any reasonable demand
for increased road taxes necessary to material and perma-
nent improvement.
GOVERNOR LON V. STEPHENS 367
CARE TO BE EXERCISED IN THE ENACTMENT OF LAWS
It is hardly necessary to suggest that care should be
exercised in the enactment of laws to a legislative body, but
to illustrate the force of this remark, I have but to direct the
attention of the General Assembly to the history of the
legislation of the last ten years, and the constitutionality
of the statutes when called into question in the court of last
resort of our State.
From January 1, 1888, to January 1, 1899, there has
been submitted to our Supreme Court for construction on
the grounds of unconstitutionality 87 statutes enacted by
the General Assembly, and of that number 29 have been
declared unconstitutional and 58 have been held constitu-
tional, or in other words, 33 1-3 per cent of all the statutes
whose constitutionality have been called into question, have
been declared unconstitutional by our Supreme Court.
A great many of these statutes, as originally introduced
were no doubt Constitutional and as originally framed by
the legislators, would have stood the test of the courts, but
when a statute is offered that affects any particular interest,
or if thought to be in the least burdensome upon some
corporate interest, some representative of that speciaX
interest will appear before a committee and suggest some
amendment which looks harmless on its face, but when
subjected to a legal analysis by the courts, discloses that it
renders void and inoperative the entire enactment. This
is one of the evils of legislative proceeding that should be
closely guarded against.
ELECTIONS
There is no subject which will come before you of more
vital importance to the people than that pertaining to the
elections. The recent decisions of the courts, and the experi-
ences of the officials in administering the present laws, and
the complications in reference to the manner of voting by the
electors, imperatively demand a revision of the registration
and election laws in our State, including those pertaining to
368 MESSAGES AND PROCLAMATIONS OF
primary elections and to nominations of candidates for public
office. This is more especially true as applicable to the
cities of the State, where the difficulties of restraining the
lawless and of giving complete effect to the wishes of the
rightful electors are greater than is generally to be found in
the rural districts, where every man is known to his neigh-
bors. It is not my purpose to point out now the intricacies
and confusion that exist under our present regulations.
Your own experience will suggest many cogent reasons for
the repeal of the present system and the substitution of
some simpler plan which can be readily understood by the
people and the election officials, and which will more com-
pletely protect the rights of the innocent, and guard against
the unlawful practices of evil disposed persons. I am not
wedded to any particular plan, except that it shall be such
as shall thoroughly accomplish the desired ends above
indicated.
No government can long withstand the inroads of fraud
at elections. All good people, of \vhatever political faith or
creed, are interested in having the will of the majority
fairly expressed and honestly recorded. Voting should be
made easy, plain and simple. Frauds at elections should be
made as nearly impossible as may be, and punished so
severely as to deter those who fail to appreciate the pre-
rogatives accorded to freemen by our form of government.
There should be no partisanship in such matters. The party
in power in this State has always endeavored to legislate
tosvard this desirable end, and that it has not succeeded in
accomplishing all it intended is because we are but human.
It will never weary of well doing, and will never rest until
it has enacted a law that shall be pointed to as the model
election law of the United States. To this end I invite your
careful and earnest attention and endeavor.
PUBLIC SALE OF FRANCHISES
This is a subject which should receive your attention
and a proper statute enacted upon the subject. Valuable
franchises in the various cities of the State, and from which
GOVERNOR LON V. STEPHENS 369
the public should derive considerable revenues, are fre-
quently given away, or the public interest in them sacrificed
without any adequate compensation. The act of the Gen-
eral Assembly, popularly known as the "Julian Law," was
held defective by the courts, but the principal which the bill
was Intended to embody is unquestionably right. Franchises
should be disposed of at public competition wherever pos-
sible, rather than be granted as mere matters of private
favor. This should receive the attention of the law-making
powers of the State at as early a date as practicable.
CRIMINAL COSTS
The question of criminal costs is one that is constantly
before us and which will not "down at our bidding." It
deserves, and should receive, your most careful considera-
tion.
Our increasing population and the development of our
State and its resources will necessarily cause the expenses
of the government to be greater than in the earlier years of
its existence. I do not think that any permanent good will
be accomplished by attempting to reduce the expenses
arising in the efforts to punish crime by cutting off fees in
one place and reducing them a little in another. Neither
will the people receive any relief by casting the burdens
upon the counties if the same expenses have to be paid.
A careful inspection of the schedule of fees paid by law for
services of clerks, sheriffs, jailers, jurors, etc., will, I believe,
convince you that the "compensation" is now as low as it
can be to secure prompt and efficient enforcement of the
criminal laws.
It seems to me that a radical change can be made with
profit to the Treasury of the State, and of the various coun-
ties, and without doing injustice to persons accused of
crime. 1 would not advise that the slightest safeguard
which the law has thrown around the citizen should be
removed. The question of expenses should never be allowed
to interfere with the just, fair and impartial trial of one who
370 MESSAGES AND PROCLAMATIONS OF
is called to the bar of our courts to answer to a criminal
charge. Vet, unnecessary and useless expenditures, in mere
formalities, should not be permitted. In homicides, the
statutes provide for four separate and distinct investigations,
and in each instance the same witnesses may be called and
the same evidence rehearsed, and the expenses thereby
greatly increased. We have a coroner's inquest, in which
witnesses are called to give their testimony and an investi-
gation is had; next follows the preliminary examination, and
the same matter may be again gone over; the grand jury
then takes up the investigation and calls before it parties
\vho may have given their evidence on the two former occa-
sions; and at the conclusion of this investigation the party
confronts the jury in the trial court, and the matter is heard
once more. 1 see no reason why it will not be wise and proper
to provide for the prosecution of criminal offenses, both
felonies and misdemeanors, by information or indictment
as concurrent remedies. It has been held that one accused
of crime, although recognized to appear for trial before the
circuit court, is not bound to appear for trial until after an
indictment is preferred against him. It is a matter of com-
mon information that this nearly always results in a con-
tinuance of the case where the accused desires it at the first
term of court, namely, the one at which the indictment is
returned. This prevents a speedy trial in many instances,
and the delay, in addition to the investigation before the
grand jury, entails added costs. If the prosecuting attorney
could file his information in felonies, as may now be done in
misdemeanors, the case could be docketed within a short
time after the offense was committed. The party would then
have ample time to summon Ms witnesses and be ready for
trial when the matter may be reached upon the docket.
There would then be no excuse for delay on the ground that
he did not know that an indictment would be presented
against him, and hence was under no obligations to be pre-
pared therefor. The grand jury performs an important
work, and should not be abolished. There are many cases
where an investigation should be had by such a body. It is
GOVERNOR LON V. STEPHENS 371
a well known fact, however, that in numerous others there
Is no necessity for any such action. There are very few
instances in which a prosecuting officer would file an infor-
mation against a citizen when the grand jury would refuse
in such a case to return a bill. It is oftener the case that the
grand jury investigates and puts on foot a prosecution which
ought to be conducted, but which would not be done but
for its intervention. I do not think that any substantial
safeguard which the law in its humanity and wisdom has
thrown around the citizen accused of a criminal offense
would be sacrificed by such a change as is here contemplated.
I do think that the costs of prosecutions and the well known
delays in criminal cases, w r hich the courts are unable to
prevent, \vould be lessened by the method of procedure sug-
gested. I do not believe that any mere temporary make-
shift will accomplish material good in the way of reducing
the fast increasing costs which the State is compelled to pay.
The remedy which 1 have indicated will require a change in
the Constitution. The object to be accomplished will
certainly warrant such action, and the sooner that it is con-
sidered, acted upon and brought about, the better it will be
for the people of the State.
CONCLUSION
This concludes my first biennial message. Appreciating
the responsibilities which rest upon the Chief Executive
of a State with a population of over 3,000,000 inhabitants,
with so many diversified and conflicting interests, I submit
it to you, gentlemen, conscious of its many defects, and of
my inability to handle skillfully and satisfactorily, all
matters of which it treats.
In my every official act, since 1 assumed the responsi-
bilities of the exalted position to which my countrymen have
called me, 1 have remembered that, in a measure, I was the
guardian of the character and dignity of our beloved Com-
monwealth, and have invoking always the aid of the Divine
Master, the source of all wisdom been guided by a desire
372 MESSAGES AND PROCLAMATIONS OF
to honestly and conscientiously do the right for right's
sake whether popular or not; how far I failed or succeeded
time will testify. I ask for your continued confidence,
sympathy and support.
Reports of other State officers, boards and institutions,
will be presented to you in full, which you will, of course,
carefully consider. You will find all officers make creditable
showings, and that their respective duties have been dis-
charged economically and well.
It is my desire to co-operate with you at all times, and
contribute my humble mite toward making the work of this
General Assembly honorably conspicuous in the legislative
history of Missouri, and I trust our relations may be har-
monious, pleasant and profitable. We will not forget that
we have sworn to faithfully and impartially discharge our
duties; that we are not here as the representatives of any
especial interest, class or section of the State, but as the
representatives of all interests, classes and sections; and as
trusted and honored servants of the people whose eyes are
upon us, let us act fearlessly and conscientiously for the
furtherance of whatever in our judgment we think may
prove the highest good for the whole State.
It matters not how at variance our views may be upon
political questions, we must remember that we are all
Missourians, and be guided by a spirit of manly fairness and
charity for the opinions of each other.
Let it not be the volume but the merit of the laws enacted,
that will prove the wisdom of our proceedings. No honest
legislator will lose sight of the solemn fact that he is not
only laboring for the present, but for the good of the millions
to follow him. Wise economy should be the watchword.
But "wise economy" does not mean niggardly appropriations
for certain interests and loose and lavish appropriations for
others. Men interested in the success of all institutions,
men of affairs and experience, and without prejudice, should
be placed in possession of the important committees.
Public interests should be separated from private
interests. The legislator who comes here with bitterness in
GOVERNOR LON V. STEPHENS 373
his heart, to promote selfish ends, is an enemy to good
government, and should be watched and not trusted.
You should appreciate the importance of beginning
upon the real work of the session at once. Too often the
first weeks are frittered away and lost in idleness, and in the
rush of the closing days, with much to do, the lobbyists
deceive us and secure their triumphs, at our own mortifica-
tion and to the expense of the public. The Executive, to
act intelligently, should have the laws passed before him for
his approval or disapproval as early in the session as pos-
sible. He should be given ample time in which to consider
them.
I trust your stay in Capital City will be pleasant without
interruption, and your labor will prove a labor of love, w y hich
will redound to your honor and glory, and to the honor,
glory, happiness and general prosperity of a free, inde-
pendent and liberty-loving people; and my prayer is, that
you may return to your respective homes, which God will,
I hope, protect and bless in your absence, after your work is
at an end, with clean hands and honest hearts, with the
proud satisfaction of having discharged your duties as your
judgment at all times dictated and as your conscience
approved.
[LoN V. STEPHENS]
374 MESSAGES AND PROG LAM ATI ONS OF
SECOND BIENNIAL MESSAGE
JANUARY 4, 1901
Front the Journal of the Senate, pp. 10-76
STATE OF MISSOUBI, EXECUTIVE DEPAKTMENT, JEFFERSON CITY,
January 4, KOI.
Gentlemen of the Forty-First General Assembly:
The administration of which I have been a part, having
now reached its close, it becomes my duty and pleasant
privilege, to submit, as briefly as possible, by direction of
the Constitution of the State, for your consideration, a
summary of the material facts in the history and operation
of the various departments of the State, accompanied by
such recommendations as may seem pertinent to the well-
being of the public, and the honor and prosperity of the
Commonwealth.
I desire to extend to each of you a sincere and affection-
ate welcome to the scenes of your labors. We have met
under most favorable auspices. But few, if any, of the
States in the Union are prospering to a greater extent. No
State has a brighter future, and offers greater inducements to
men of brain, heart and capital. Our great Commonwealth
is filled with a larger population than belonged to our whole
country when our fathers won national independence, and
we can look back over the seventy-nine years of statehood
and see the humble industries of the pioneers grown to the
many diversified industries which have made Missouri the
eighth State in wealth, as we are fifth in population and in
political power in our great Union, with the future yet full
of greater promise and reward.
We review four years of plenty, as mine and forest and
pasture, field and orchard have liberally responded to intelli-
gent labor. We have been graciously preserved from famine
md pestilence, from fire, flood and tornado. Our own, in
common with our sister States, has largely shared in the
GOVERNOR LON V. STEPHENS
375
bounties of nature which have marked this period. Our
churches and schools have multiplied with the expanding
population. The heart of the youth of our State has shown
itself sound and true to the aims and purposes of our national
life, when a most righteous and chivalrous war was waged
in behalf of an oppressed people, and which war was carried
forward to a swift and noble triumph. Our common in-
heritance in the universal bounties of nature, made up of air
and light, rain and sunshine, smiling fields, flowing streams
and richly stored mines, has not failed us.
That the citizens of Missouri have within the past years
given to the cause of education amounts of such magnitude
as to excite the attention of the world, is also cause sufficient
to thrill the hearts of all our people. We have every reason
for being grateful and happy, and none for being discouraged
or depressed.
FINANCES
CASH BALANCES
On December 31, 1896, we had cash balances in the
State Treasury of $577,463.65, as follows:
Funds.
Balance
Dee. 31, 1896.
State Revenue Fund
State Sinking Fund
State School Fund
State Seminary Fund
State School Moneys
State Seminary Moneys
Insurance Department Fund
Executors' and Administrators' Fund .
Earnings Missouri Penitentiary
Road and Canal Fund .
Colored Institute Fund
Lunatic Asylum No. 1 Fund
Lunatic Asylum No. 2 Fund
Lunatic Asylum No. 3 Fund
School for Deaf and Dumb Fund
Reform School for Boys Fund
Industrial Home for Girls Fund
$122,517 10
106,997.49
,538.77
1,298 91
186,109 20
34,565.10
41,723.48
36,661 80
1,722.92
3,274 71
24.92
8,607.32
12,473.29
6,556.05
183.85
5,518.33
6.46
376
MESSAGES AND PROCLAMATIONS OF
Funds.
Balance
Dec. 31, 1896.
Partition Fund
County Foreign Insurance Tax Fund .
State Bank Inspection Fund
Building and Loan Supervision Fund .
$4,606.90
919.12
321.47
1,835.86
Total.
$577,463.05
The total receipts into the Treasury from December 31,
1896, to January 1, 1901, were $24,618,881.65; the total
disbursements in the same time were $24,117,413.17; leaving
balances in the various funds in the Treasury, January 1,
1901, as follows:
Funds.
Balance
Jan. 1, 1901.
State Revenue Fund $179 ,222 19
State Sinking Fund 217,323 45
State School Fund 973.40
State Seminary Fund 2,482.06
State School Moneys 186 , 990 . 00
State Seminary Moneys 39 ,482 46
Insurance Department Fund 50 , 504 . 96
Earnings Missouri Penitentiary 80,400 .36
Road and Canal Fund 854.68
Swamp Land Indemnity Fund 2 , 325 . 45
Colored Institute Fund 87 . 10
Lunatic Asylum No. 1 Fund 8 , 041 . 60
Lunatic Asylum No. 2 Fund 9,389 40
Lunatic Asylum No. 3 Fund ... 5 , 096 23
School for Deaf and Dumb Fund 378 49
Reform School for Boys Fund 3 ,287 51
County Foreign Insurance Tax Fund 258 ,258 57
State Bank Inspection Fund 5 ,905 .43
Building and Loan Supervision Fund 2 ,647 . 51
Federal Soldiers' Home 934.62
State Fair Fund 495 00
Escheats Fund 23 ,851 . 06
Total $1,078,931.53
GOVERNOR LON V. STEPHENS 377
Our finances continue in a most healthy condition. It
will be noted that there is in the "Sinking Fund" $217,323.45,
which can be used for the payment of bonds alone, and I
recommend that an appropriation of $200,000 be made as
early as possible for the extinguishment of a like amount of
our outstanding interest-bearing bonds.
The books of the State Treasurer show that during the
present administration 77,240.54 has been collected from
the State depositories in interest upon daily balances, which
has been placed in the Revenue Fund. The amount is more
than enough to pay all the expenses of the office of the State
Treasurer during the last eight years.
State revenues are derived from a tax of twenty-five
cents on the $100 valuation, levied upon real and personal
property, of individuals and corporations, from license taxes,
tax on premiums received from foreign insurance companies,
on merchants and manufacturers, and express companies,
interest on balances with our State depositories, an incor-
poration tax, notarial fees, and from sundry minor sources.
The estimated receipts for 1901 and 1902 will not vary
greatly from receipts during 1899 and 1900. The approxi-
mated amounts required to meet ordinary expenses of the
State Government for the next two years will be about
$4,750,000. The Auditor's Annual Report will give require-
ments in detail.
STATE BONDED INDEBTEDNESS
On January 1, 1897, when I entered upon the duties
of my office, the bonded indebtedness of the State was as
follows:
Nine hundred and twenty-seven 3 J^ per cent, option
bonds, dated March 1, 1887, due March 1, 1890,
redeemable after March 1, 1892.
Four hundred and thirty-six 3 % per cent, option bonds,
dated July 1, 1887, due July 1, 1907, and redeem-
able after July 1, 1892.
$927,000.00
436,000.00
378 MESSAGES AND PROCLAMATIONS OF
Seven hundred 3 J^ option bonds, dated October 1, 1887,
due October 1, 1907, redeemable after October 1,
1892.
Two thousand, nine hundred and thirty-seven 3M per
cent, option bonds, dated January 1, 1888, due
January 1, 1908, redeemable after January 1, 1893
Total bonds, drawing 33^ per cent, interest. . .
$700,000.00
2,937,000 00
$5,000,000.00
Under the requirements of the State Constitution,
$250,000 at least of the principal of our interest-bearing
bonds are to be extinguished annually. During 1897 and
1898, the first two years of the present administration, the
bonded debt was reduced $1,358,000. During 1899 and
1900, the last two years of the present administration the
bonded indebtedness was reduced $1,755,000. The total
reduction being $3,113,000, which means a saving to the
State of $108,955 annually in interest charges alone. This
leaves the bonded debt outstanding January 1, 1901,
1,887,000, drawing three and one-half per cent, interest,
payable at the option of the State.
It will be observed that $2,113,000 more of our bonds
have been redeemed during this administration than were
required by the State Constitution.
In my biennial message to the Fortieth General Assem-
bly, under date of January 5, 1899, referring to the bonded
indebtedness, I said: "The real debt of the State is, there-
fore, insignificant, in proportion to our assessed valuation,
and while it may not be entirely extinguished during the
present administration, I see no reason why it can not be
paid off within the early days of the succeeding one."
I see no reason now to change my view then expressed,
and confidently believe every dollar of our interest-bearing
bonded indebtedness will be paid off by January 1, 1903.
CERTIFICATES OF INDEBTEDNESS
Besides our bonded indebtedness, which amounts to
$1,887,000 and draws three and one-half per cent, interest,
GOVERNOR LON V. STEPHENS 379
payable semi-annually, we have outstanding "Certificates of
Indebtedness" belonging to our "School Fund," amounting
to 3,158,000 of which, $2,909,000 draw six per cent,
interest and the balance five per cent, interest; and $1,-
235,839.42 "Certificates of Indebtedness," belonging to the
"Seminary Fund," drawing mostly 5 per cent, interest
making the total State debt at this time $6,280,839.42, as
compared with $9,369,839.42, January 1, 1897 being a net
reduction of $3,089,000. While as stated before, the bonded
debt has been reduced $3,113,000, the Certificates of In-
debtedness have been increased $24,000.
Much has been said and written in the heat and excite-
ment during the late political campaign concerning these
"Certificates of Indebtedness," by unfriendly speakers and
editors, with which you are familiar. But the fact remains
that our School and Seminary Funds are intact, legally and
properly invested, and they should not be interfered with.
The transactions resulting in the sale of United States bonds,
which formerly constituted these funds, and the investment
of their proceeds in our own securities, are in accordance with
the Constitution of Missouri, and show excellent judgment
on the part of all interested, and assure us of the best possible
interest returns, and the prompt payment of the principal,
whenever same is desired.
PENITENTIARY
Never before in its history, has the Penitentiary been so
successfully managed as during the last four years by
Warden J. D. Starke. This is admitted by all who have
given the subject any attention whatever. The Legislature
of 1897 appropriated for it for the biennial period ending
January 1, 1899, the following sums of money:
For completion of new cell building
For erection of new shop building
For purchase of new dynamo
For purchase of books for library
For pay of salaries of officers and ordinary repairs.
$50,000.00
30,000.00
5,000.00
1,000 00
80,000.00
380 MESSAGES AND PROCLAMATIONS OF
Of the $50,000 appropriated for completion of the ne\\
cell building, only 829,545.18 was found needed and ex-
pended, and 820,454.82 was left in the State Treasury.
Of the $30,000 appropriated for the erection of the new
shop building, 326,159.82 was expended, and $3,840.18
remained in the State Treasury.
The appropriation of $1,000 for the purchase of books
for the library was exhausted.
Of the appropriation of 80,000 for salaries and ordinary
repairs, $19,562.45 was expended for repairs, and $43,476.71
for salaries, making a total amount of $63,089.13 drawn
from this appropriation.
January 1, 1899, there was a balance in the State
Treasury to the credit of Earnings $56,555.45. The Legisla-
ture of 1899 appropriated $80,000 for salaries and repairs,
$1,500 for lighting State buildings and grounds, $1,500 for
the erection of a fire-proof vault, and $500.00 to be paid out
of the earnings, for the support of the institution.
Seven thousand four hundred and fifty dollars were
drawn from the appropriation of $80,000 to pay salaries for
the month of December, 1900, and $72,550 remains in the
State Treasury.
There was a balance in the earnings January 1, 1901,
of something over $83,000. From this amount deduct the
expenses for the month of December, 1900, $11,000, and
$7,450 pay-roll for December, drawn from the appropriation
for salaries and repairs, and there remains a balance of
$61,550. From these figures it will be noted that the
Penitentiary has paid all expenses for 1899 and 1900, and
has a balance in excess of amount on hand January 1, 1897,
of $7,995. From this deduct $1,452.28, expended for lighting
State buildings and grounds, and $1,424.72, expended for
erection of fire-proof vault, and there still remains a balance
of $5,119.
The Penitentiary has not cost the taxpayers of the State
one cent for anything during the last two years, and has
made a net grain of $5,119.
GOVERNOR LON V. STEPHENS 381
This record is unprecedented in the history of the
institution, and has been made notwithstanding the fact
that by reason of advance in prices of all supplies used, the
expense has been increased over $50,000 during the years
1899 and 1900. Fuel and meat alone cost $40,000 more in
1899 and 1900 than in 1897 and 1898. Stripes have ad-
vanced 25 per cent., glass 75 per cent., nails 50 per cent.,
lumber 33 per cent., steamfitter's supplies 100 per cent.,
steel 75 per cent., iron 50 per cent., and all other supplies
have advanced in proportion, because of the growth of
trusts and the lack of competition.
A new cell building for the female convicts is abso-
lutely necessary and should not be longer delayed. Fifty
thousand dollars will be asked for and should be appro-
priated for this purpose. A new hospital should also be
erected at the earliest possible moment.
Today, December 24, 1900, there are confined in the
Penitentiary 2,081 prisoners, of whom 2,012 are males, and
G9 are females. The records show there were 2,226 prisoners
in January, 1897. I account for the falling off, because (1)
of the parole law enacted by the last Legislature; and be-
cause (2) of the prevalence of smallpox in many portions
of the State, necessitating a strict quarantine at the Peni-
tentiary and the refusal on the part of the Warden to accept
at present new prisoners; and because (3) many of the
younger criminals are being sent to the Reform School for
Boys at Boonville, Missouri.
Fifteen hundred and fourteen of the male convicts are
being worked by the contractors, at fifty cents per day, from
which source the State receives daily $757. Twenty-five of
the females are employed at thirty cents each per day. Of
the remainder, many are at work at the prison, a few are in
the hospital, while some are incapacitated because of lame-
ness and infirmities of various descriptions. It is seldom
any are idle for any great length of time.
382 MESSAGES AND PROCLAMATIONS OF
DEPARTMENTS OF STATE
THE STATE INSURANCE DEPARTMENT
At the opening of my administration in January, 1897,
the State Insurance Department was located in the City of
St. Louis. Believing that the business of this department
and the interests of the people of the State would be better
subserved by the removal of the department to the Perma-
nent Seat of Government, on January 15, 1897, I sent a
special message to the Thirty-ninth General Assembly
advising and urging, among other matters, that this change
of location should be made, and subsequently during the
session the necessary legislation was effected and the de-
partment was removed to Jefferson City.
The experience of the officials charged with adminis-
tration and performance of the business and work of the
department since its location in the Capitol have fully
established the propriety of the change. No public interest
has suffered by the removal, and all the business of the
department, increasing and extending each year, has been
attended to and discharged in the most prompt and careful
manner.
Since its removal to Jefferson City, the people of the
State generally have come into much closer communication
with this office as is fully shown by the fact that the corre-
spondence of the department with the citizens of the several
counties and smaller towns has far more than doubled, and
the department has been able to render very efficient and
useful service to hundreds of people who, so long as it was
located in St. Louis, had never thought of making complaints
to or inquiries of the office about insurance matters.
Since the beginning of the year 1897, the jurisdiction
and authority of the State Insurance Department has been
enlarged and extended by legislative enactment so as to
include both "Fraternal Beneficiary Associations" and
"Town Mutual Fire Insurance Companies." These two
classes of insurance organizations have added largely to the
GOVERNOR LON V. STEPHENS 383
work as well to the responsibilities of the department, and
have at times taxed the ability of the present official and
clerical force of the office to the utmost in order to properly
discharge and perform their duties with that promptness
and care which should mark the discharge of all public
trusts.
The development of this department and the increase
in the amount of work done in the office, at an actual de-
crease of expense, and the very great increase in the re-
ceipts of the department, which are all paid into the State
Treasury, can be best illustrated and shown by a few tables
of figures giving such exhibits. The amount realized to the
State from the two per cent tax on -gross premiums collected
in Missouri by foreign insurance companies for the years
1895, 1896, and 1897 was $653,393.95. This tax returned
for the years 1898, 1899 and 1900, $750,071.40, being an
increase in the amount of these taxes paid into the State
Treasury in the last three years over the prior period of
three years amounting to $96,677.45.
The sum total of the official fees collected from the
several insurance companies doing business in the State
during the years 1895, 1896, and 1897 was $88,204.49, and
the amount of similar fees collected during the years 1898,
1899, and 1900 is $123,144.02, showing an increase of fees
collected amounting to $34,939.53. The total expenditures
of the department during the years 1895, 1896, and 1897 was,
including salaries, $50,146.43. During the years 1898,
1899, and 1900, the total expense of the department has
been $48,301.09. Showing a decrease of expenditures
amounting to $1,845.34.
In the last Annual Report of the Insurance Depart-
ment, submitted on May 1, 1900, Superintendent Orear
makes the following statement:
"The work of the department has now become so
onerous that it will be impossible for the present force to
properly perform and discharge it. An increase of the force
is absolutely necessary, and I therefore recommend and urge
that provision be made for the employment of one experi-
384 MESSAGES AND PROCLAMATIONS OF
enced clerk and accountant and skilled statistician, and one
additional stenographer, the salaries of these two employes
to be paid as other clerks of the office out of the receipts of
the department."
I cordially indorse this recommendation for an increase
in the force of this department and believe it is necessary
for the proper and efficient dispatch of public business.
BUREAU OF LABOR
Ron. Thomas P. Rixey was appointed as Commissioner
of Labor to succeed Hon. Arthur Rozelle, whose term expired
on the first Wednesday in February, 1899.
Since the adjournment of the Fortieth General Assem-
bly, the Twenty-first and Twenty-second Annual Reports
of the Bureau of Labor Statistics and Inspection have been
published to the number of 3,500 copies for each year.
During 1899 and also the past year the Bureau published an
elaborate map showing the character, amount and current
value of the commodities marl*eted during the preceding
year by each of the counties of the State.
The Bureau's Tventy-first Report, for the year 1899,
contained chapters devoted to manufactures, prison factories,
proposed remedy for competition of prison labor, wage
schedules of prominent industries, free employment offices,
strikes and lockouts, digest of Missouri Labor Laws and
numerous judicial decisions affecting labor, and a series of
measures suggested for remedial legislation.
The Twenty-second Report, besides considering most of
the foregoing subjects, presents a series of able papers on the
subject of manual training and industrial education, and
devotes chapters to our State institutions, "script" payment
of -Kages, and a resume of the St. Louis street railway strike,
the latter subject being supplemented with an earnest appeal
for the enactment of a comprehensive arbitration law.
The operation of the free employment offices estab-
lished by the Bureau in St. Louis and Kansas City, in
obedience to enactment by the Fortieth General Assembly,
GOVERNOR LON V. STEPHENS 385
has resulted in finding employment, during the year ending
October 1, for 6,186 deserving persons who thus became
self-supporting. The law under which these employment
offices operate provides for their location in all cities of the
State having 100,0,00 inhabitants, and as the report of the
twelfth census show's that St. Joseph has a population in
excess of that number, that city is entitled under said law to
a free employment office for which adequate provision
should be made.
The reports of the Labor Bureau have repeatedly called
attention to the necessity for more stringent and general
factory inspection, and the providing of means for en-
couraging immigration, which subjects are worthy of earnest
consideration. The Bureau reports for the past several
years have devoted attention to the Government lands
remaining within this State and have disseminated much
information relating thereto. During the year ending June
30, 1900, about 107,000 acres of these lands were taken up,
thus increasing our population and taxable wealth. The
settlement of the thousands of acres of vacant lands yet
available for homes in Missouri is of sufficient importance
to warrant a reasonable appropriation to enable the Immi-
gration Board to become operative. The attention which
the World's Fair will direct toward Missouri could thus be
probably utilized.
BUREAU OF BUILDING AND LOAN
The condition of the Building and Loan associations of
the State indicates that about all the associations now doing
business are in a prosperous condition. Since the establish-
ment of the Bureau of Supervision much has been done to
correct disreputable and illegal methods in the promotion
of the business. The number of associations has been con-
siderably reduced, but as many of them had been conducted
wholly in the interests of the officials, with little or no con-
sideration for the stockholders, their elimination is a public
benefit.
13
386 MESSAGES AND PROCLAMATIONS OF
The report on all the associations in the State, number-
ing 175, made August 31, 1900, indicates but one insolvent;
seventeen have retired by liquidation, one by assignment,
two associations have organized and three reorganized since
the Supervisor's last report. The surplus of money in the
country which has created a low rate of interest has some-
what militated against Building and Loan business, but
those interested have gradually adjusted themselves to
present conditions; therefore the business outlook is fairly
encouraging. For the year ending August 31, 1900, the
resources of all the associations in the State have fallen off
12,387,422.10 as against $4,419,369.10 in 1899. There is a
weakness in the law relating to Building and Loan super-
vision in that it is not clear just what the Supervisor's powers
are with reference to insolvent companies. Considerable
litigation has been caused by officers forcing an assignment
when it became apparent that their affairs were in such
condition as would necessitate the Supervisor calling
for a receiver. In a number of instances the officers who,
through excessive expense and careless business methods,
have wrecked their associations, made an assignment and
had some one of their number appointed as assignee. This
is no relief to the stockholder as the same persons continue
the management and draw fat salaries without, in the least,
considering the interests of those they are supposed to pro-
tect. I would suggest legislative enactment placing insolvent
associations in the hands of the Supervisor for final liquida-
tion a law similar to that governing insolvent insurance
companies and banks. He should be allowed the necessary
expense for clerical help and such other expense actually
incurred in winding up its affairs.
It becomes my painful duty in this connection to an-
nounce the death of the former Supervisor of Building and
Loan Associations, Hon. Henry L. Gray, which occurred in
Jefferson City, June 26, 1900. Mr. Gray was a master of
the subject, and was always thorough and fearless in the
discharge of his duties. He was honest and courageous,
and had the good-will and the confidence of the people of
GOVERNOR LON V. STEPHENS 387
Missouri, his native State, who were deeply grieved at his
death.
In his place Hon. W. R. Baskett of Paris, Missouri, was
named by me. I feel that no better man could have been
found. For several years he was associated with Mr. Gray
in the Building and Loan Department, and is recognized as
one of the best qualified men in the State for this peculiarly
intricate work.
STATE BOARD OF HEALTH
The State Board of Health has registered during the
past season 1,000 physicians, granted certificates to 30 who
have taken the examination of the Board, and issued certifi-
cates to 25 midwives.
The State prison has been quarantined because of the
general prevalence of smallpox throughout the State.
While the quarantine was modified slightly at the April,
1900, meeting of the Board, they thought that after January
3, 1901, it would be best to again close the prison until May
1, or such time as there would be no danger from infecting
the prisoners. If necessary funds were placed in the hands
of the Board it is believed that smallpox could be eradicated
in six months, or less, but as it is, the disease is spreading
all over the State, and along the lines of travel. Those
counties that are unprovided with railroad facilities are
scarcely affected at all, unless there is a lumber or mining
camp in them.
Four years ago the Board asked for $10,000 as an
emergency appropriation to take care of this epidemic; and
two years ago they made the same request. I heartily
recommend that you appropriate to the use of the State
Board of Health a sufficient sum of money as an emergency
fund, to destroy this epidemic. This will enable the Board
to personally manage the cases of smallpox, and to reimburse
the unfortunate poor whose beds and clothing are destroyed
in the process of fumigation. In my judgment to refuse
appropriation now of amount recommended by the Board
would be positive crime.
388 MESSAGES AND PKO CLAM ATI ONS OF
STATE BOARD OF AGRICULTURE
Your attention is called to the magnitude and im-
portance of the work assigned to the State Board of Agri-
culture and the necessity for liberal appropriations for de-
veloping the agricultural resources of the State and stimu-
lating live stock husbandry.
This Board is charged with formulating and with the
enforcement of live stock quarantine regulations, with the
enforcement of anti-butterine laws, the collection of agri-
cultural statistics, the holding of farmer's institutes for the
dissemination of agricultural information, and the manage-
ment of the State Fair, while in other states these several
matters are directed each by a separate and distinct board
and at an aggregate cost largely in excess of appropriations
made for similar purposes in this State.
During my administration the work of the Board has
been directed with much energy and the results have been
satisfactory. Southern cattle quarantine regulations have
been so effectively enforced as to protect the cattle industry
of this State and at the same time under a system of cattle
inspection permitting the freest possible movement of cattle
from scheduled territory. Upon inspection many thousands
of southern cattle have been admitted annually to the feed
lots and pastures of Missouri farmers for the profitable
consumption of the products of their fields, and so thoroughly
and efficiently has this work been done that not a single
outbreak of Southern fever has occurred from inspected
cattle. The State line has been protected against the illegal
introduction of Southern cattle to the extent of funds avail-
able for that purpose. The high character of the work done
in this direction has been recognized by the United States
Department of Agriculture in making the Missouri line
the boundary of scheduled territory, to the relief of a
number of Missouri counties heretofore included in per-
manently affected territory; in recognizing State permits for
the introduction of Southern cattle and in co-operating with
GOVERNOR LON V. STEPHENS 389
Missouri authorities to prevent violation of quarantine regu-
lations.
Valuable experiments conducted by the Board in co-
operation with the Agricultural College Experiment Station
have demonstrated the means of communicating Southern
cattle fever and a successful method of inoculating native
cattle against this disease, whereby Missouri's improved
herds may be rendered immune and may be transported to
infested territory, covering about one-third of the United
States, w r ith comparative safety, and where a market is
opened to them at largely advanced prices. These experi-
ments have been conducted with such care and ability
as to command the confidence of cattle producers through-
out the world and the bulletins issued are regarded as
authority.
Violations of the Anti-Butterine Act prohibiting the
sale of deceitful imitation butter compounds have been
vigorously prosecuted in the lower courts, two appeals have
been taken to the Supreme Court and in one instance to the
Federal Court, and in each case the Missouri law was upheld
and every contention of the Board sustained.
As a result of the earnest efforts of the Board in the
enforcement of this law the average number of retail license
for the sale of oleo issued annually by the Government has
been reduced from six hundred and seventy-four to one
hundred and ten and while the number of wholesale licenses
averaged annually fourteen prior to the enactment of the
law, in 1897 there was none, 1898, two, 1899 and 1900, one
each, and these were either complying with the Anti-Butter-
ine Act or have been prosecuted.
Farmers' institutes, schools in agriculture to the farmer
and the farmers' sons have been held each season, in locali-
ties distributed well over the State. At these meetings
farmers are given the results of the latest research and the
conclusions reached. From these have come the more
abundant use of leguminous plants as soil builders and better
care of soil fertility, the promotion of the dairy industry, a
better understanding of problems relating to the develop-
390 MESSAGES AND PROCLAMATIONS OF
ment and maturing of live stock, and a knowledge of live
stock sanitation, how to control contagious diseases and
avoid disease-breeding conditions. Road improvement
sentiment has been stimulated and a demand for agricultural
education in the common school developed to which satis-
factory answer must be made in the near future.
Under the auspices of this Board live stock and in-
dustrial associations have been organized, representing the
various agricultural interest of the State and are now
associated together in annual meetings, all giving their best
thought to the development of the State's material resources,
to the upbuilding of her homes and the elevation of her
citizenship.
The publications of the Board are replete with valuable
information to the farmer, the live stock breeder and others
interested in agricultural pursuits and crop statistics.
Special bulletins reviewing the resources of the State, its
varied industries, the advantages offered to the investment
of capital and to the intelligent homeseeker, have directed
the attention of others to Missouri, and stimulated a
loyalty to the State's interest at home. These publications
are in such demand from Missouri and elsewhere as to ex-
haust the limited edition possible under previous appropria-
tions in a few days after issue and before the demand is
satisfied.
MINES AND MINE INSPECTION
The Bureau of Mines and Mine Inspection has been in
existence for nearly two years and the wisdom of its creation
has become more and more apparent as time develops its
usefulness. The rapid growth of our mining industries
attracted my attention and so impressed me with its possi-
bilities for a still larger growth, that the determination was
formed to foster and encourage such further development of
our mineral resources as the situation and our opportunities
would warrant. With this object in view, and convinced
that the industry had outgrown the law and the provisions
GOVERNOR LON V. STEPHENS 391
formerly made for Its supervision, I recommended the
Fortieth General Assembly, that it separate Mine Inspection
from the Bureau of Labor, and that a new department be
created to be known as "the Bureau of Mines and Mine
Inspection." The large and ever-increasing number of
men employed in this extra hazardous character of work, it
occurred to me, demanded above all other lines of business
practical supervision, and as practical results were sought to
be attained rather than the development of theories, it was
concluded that practical mine men only should have control
of this work.
The following comparative table has been prepared for
your information, in which will be found the product of our
coal, lead and zinc mines, and the value of the same for each
of the past eight years:
392
MESSAGES AND PROCLAMATIONS OF
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GOVERNOR LON V. STEPHENS 393
The last four years, as it will be observed, show a
phenomenal increase in the product of our mines, and words
can not improve the showing made by the above figures.
It is most gratifying, however, to point to such evidence of
our growth, as it is not only a tribute to the limitless re-
sources of our State, but also to her citizens, demonstrating
as it does our ability to meet the demands of the times as
well as to lead in the supply of some of the great commodities
of the nation.
The increase of our zinc product of 53.28 per cent, our
lead product with 33.25 per cent, and an increase in the
value of the two metals or ores of 93.60 per cent, is to say
the least most remarkable and gratifying. The total value
of the two ores for the first four years was $14,497,153, while
for the last four years the value reached $28,066,140. For
the fiscal year 1896, the product of our coal, lead and zinc
mines was worth $6,560,723, and for the fiscal year 1900,
the product sold for $13,081,808.
While our coal trade shows an increase, yet it does not
keep pace with lead and zinc. We are surrounded on every
side by sister States possessing extra fine coal fields and our
product is largely consumed at home. There are, however,
several features connected with our coal mines affording
us pleasure to refer to the absence of anything like riot,
bloodshed or an open defiance of the laws is most creditable.
Strikes among the lead and zinc miners are infrequent,
but quite frequent in the coal fields; but in our State no
very serious strikes have occurred, with the exception of
one growing out of troubles which did not originate in our
borders, but due to sympathy for fellow miners at work in
other States for companies also operating in this State.
These miners prefer not to call this a strike but a suspension
of work and have witnessed their places filled with colored
miners from other States without causing the least trouble;
this speaks volumes for the law-abiding character of our
miners. Another feature connected with our coal mines
is worthy attention that is the decrease in fatal accidents
for the past four years, of 40 per cent. This character of
394 MESSAGES AND PROCLAMATIONS OF
management and supervision of our mines is of itself worth
all the money the State pays for mine inspection. In our
lead and zinc mines fatal accidents have increased, but it
should not be forgotten that many new and inexperienced
men have been attracted to our lead and zinc mines on
account of their wonderful activity.
During the past year coal was mined in thirty-six
counties and lead and zinc in twenty-one counties. There
was a total of 1,453 shafts operated, in which 13,289 miners
worked; the outside men and mill men numbered 4,758,
with 1,613 men prospecting making a total of 19,660
men. Allowing each man to represent a family of but four
persons, we have a population supported by our mines
amounting to 78,640 souls.
The mine inspectors, as it will be seen from the above,
have an immense amount of work to attend to, too much
for only two men in the field, they will need the enactment of
laws that will only give them needed assistance, but that will
require the operators to promptly and satisfactorily answer
all questions asked for in gathering statistics.
Our mine inspectors have performed their duty faith-
fully and well, and any recommendations they make are
worthy of favorable consideration at your hands.
STATE BOARD OF CHARITIES
The State Board of Charities and Corrections was
created by an act passed on the 17th of March, 1897. No
work of any Legislature in recent years has so strengthened
the confidence of the people in our Charitable and Elee-
mosynary institutions as the creation of this Board. An
impression prevailed in the minds of many people that the
afflicted of our State were not receiving such humane treat-
ment as they deserved. In most cases these impressions
were without foundation, but the creation of this Board,
whose mission is to look specially after these humane features
has succeeded in banishing such impressions. All of our
larger institutions have been inspected repeatedly fiom
GOVERNOR LON V. STEPHENS 395
garret to cellar, and at sucli times when least expected.
Food, clothing, bedding, etc., have all passed under the
vigilant eyes of this Board, and whenever there was the
slightest evidence of neglect or mistreatment my attention
has been directed to it.
The creation of the Board has not only inspired con-
fidence in the minds of the people at large, but has also had
a decidedly wholesome influence upon the institutions
coming under its supervision. It has emphasized the
thought that these institutions are for the afflicted, and not
for employes. This Board has also examined the books of
these various institutions, and wherever prodigal expen-
ditures have been found attention has been called to them.
The exposures of this Board of the poorhouses of the
State have produced many very desirable changes in these
institutions. Large numbers of the insane have been taken
from these poorhouses, and sent to our asylums where they
can be properly cared for. On account of exposures made,
a healthier public sentiment has been created, thereby de-
manding kinder treatment. A revolution in these in-
stitutions is being wrought out, which will eventuate in the
amelioration of suffering, and redound to the honor of the
State.
Through the influence of the Board of Charities and
Corrections a law establishing a Colony for the Feeble
Minded and Epileptics was enacted by the last Legislature.
In my judgment this is to become one of our largest and
most cherished institutions. The deportation of these
unfortunates from our poorhouses will prove a moral and
economic blessing to our State. Other measures looking
to the betterment of the condition of our dependent wards
are being evolved by this Board.
It is a matter of sincere regret that this Board has been
crippled from its infancy by the insufficiency of its appro-
priation to carry on its work. The members of the Board
give their services gratuitously to the State, and the secre-
tary receives the meager salary of one thousand dollars per
annum for his services. Only five hundred dollars a year
396 MESSAGES AND PROCLAMATIONS OF
have been appropriated to defray the expenses of the Board.
The time has come in my judgment when the efficiency of
the Board demands an appropriation of at least eight thou-
sand dollars for the next biennial period. The secretary
ought to have a salary of two thousand dollars a year, and
the Board ought to have the same amount for expenses.
Such an appropriation would enable the Board to open an
office in the capitol, and thereby more successfully prosecute
the work assigned it.
GOVERNOR LON V. STEPHENS
397
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398 MESSAGES AND PROCLAMATIONS OF
NATIONAL GUARD OF MISSOURI
The reorganization of the National Guard, made
necessary In part by the Spanish-American War, has been
completed, and an examination of the reports of the Adju-
tant-General and Brigade Commander discloses the present
strength to be two thousand, seven hundred and sixty
officers and men. This force has been organized into four
regiments of infantry of eight companies each, and one
light battery of artillery, the whole constituting the First
Brigade. Our laws wisely provide that the National Guard
in time of peace shall not number more than three thousand
men, inclusive of State Cadets, the desideratum being a
small force thoroughly disciplined and equipped rather than
a large one poorly trained and indifferently cared for.
This policy has been strictly adhered to, and the present
force, with a possible increase of one more company to the
regiment will be ample to meet every emergency for which a
militia force is maintained. It has been the policy in the
reorganization to distribute the troops over the State as far
as possible, and at present every section is represented.
The First Regiment and the battery are stationed in the
City of St. Louis, the Second Regiment has its companies
scattered over various counties in the Southern portion of
the State, with headquarters at Nevada, the Third Regi-
ment is in Kansas City and the companies of the Fourth are
stationed in eight counties in the Northern section of the
State, with headquarters at St. Joseph.
The headquarters of the entire brigade are at Butler.
During July last the entire National Guard was assembled
in brigade camp of instruction, and the efficient showing
made was most gratifying. The percentage of attendance
was phenomenally large, and the report of the inspecting
officer demonstrates a degree of discipline and efficiency of
which the State may well be proud. For the first time in
our history our State troops rank second to those of no
other State in point of efficiency. And it is but just to
state that to the untiring, unselfish and patriotic interest
GOVERNOR LON V. STEPHENS 399
and intelligent efforts of the officers and men who comprise
its membership is due the credit for the splendid efficiency
of the organization as at present constituted. Not only
have they given their time unsparingly, but they have con-
tributed of their own means more than was appropriated
for military purposes by the last General Assembly. This
should not be. Missouri should not longer court the dis-
tinction of doing less for her National Guard than any of
her sister states of like wealth and importance. Upon the
call to arms two years ago, the National Guard of Missouri
responded to a man. They left home and occupation and
served without complaint until the conclusion of peace
returned them to the State whose honor had been given
into their keeping. The sacrifices they made and the hard-
ships they endured in fever-stricken camps entitle them to
the gratitude and consideration of a generous and apprecia-
tive people, and it is earnestly hoped that liberal and just
provision will be made for our citizen soldiery at the present
session.
GEOLOGICAL SURVEY OF MISSOURI
In the treatment of the "Geological Survey of Mis-
souri," I simply submit for your careful consideration the
report in full, prepared especially for this message, by Mr.
Leo Gallaher, the Acting Geologist. It is as follows:
In the spring of 1897 it was found that the Department
quarters in the Capitol Building were too small to admit
of the contemplated new arrangement of the collection and
the carrying out of the new plans of the future survey work.
More suitable quarters were kindly offered and at once
accepted in the Armory Building. About three months
were consumed in fitting up the new rooms (consisting of
one room and a hallway on first floor and almost the entire
space on the second floor), moving and rearranging the
fixtures of the whole department. A great mass of useless
and irrelevant material had been accumulating for years.
Part of this was given to the State University and the
400 MESSAGES AND PROCLAMATIONS OF
rest cleaned up and stored away to itself in the best order
possible.
Before the change in the arrangement of the collec-
tion the specimens, as they came in, had been arranged in
two groups; one for further study and the other for dis-
play in the cabinet. The plan of arrangement of the speci-
mens in the cabinet then, was to classify the mineral from a
mineralogical standpoint with reference to form and chemical
constituents and the fossils from a biological standpoint.
In that plan the geological association and structure of the
specimens, probably the most important phase of all to the
prospector, was almost entirely neglected.
In order to meet this deficiency another method of
arrangement was added to the old one. In it the central
idea was geological association and structure. All the great
country rocks were, through representative specimens of
each, chronologically arranged, beginning with the oldest or
geologically deepest seated and then proceeding step by step
to the youngest or geologically highest. With each of these
great country rocks represented by specimens from its
typical outcrops, as well as from outcrops showing im-
portant variations were shown all the various forms and
structures of their associated formations or products. This
arrangement fitted in perfectly with the plans for the regular
basis of the survey work as illustrated by the preliminary
report of recent date. The mineralogical and paleontological
classification was not neglected but the system of geological
association was simply added and duly emphasized.
When all this was completed little of the field season
was left, but some field work was accomplished by the
director and his assistant befoie the cold weather came.
In view of the fact that the rocks over half of the State
had never been reliable and completely differentiated,
classified and named, it was thought best to run a series of
cross-sections from northwest to southeast across the State
and publish the data in the form of cross-section maps and
a report on the geological structure of the State. During
the next two field seasons this work was diligently and
GOVERNOR LON V. STEPHENS 401
faithfully pursued and data collected which was used in the
recent Preliminary Report on Structural Geology of Mis-
souri and will be used in other reports and maps yet to be
published. Reports were distributed to all who asked for,
and would appreciate them, and information given whenever
solicited as promptly and accurately as possible. All
specimens sent in for termination and analysis were attended
to with as much facility as other duties would permit.
An intense interest in the mineral resources of Mis-
souri has been aroused in the last four or five years. This
is proven by the number of letters being received daily
inquiring for specific information on various subjects. Most
of them are from parties who have just recently become
interested in Missouri property or who are anxious to
invest. A surprisingly large number of reports of this
department are asked for from parties outside the State.
From citizens of the State letters are continually pouring
into this office containing requests for reports, determina-
tions and analysis of specimens, information on certain
lines of investigation, or private surveys of particular
tracts of land. All of these requests are promptly granted
as far as possible and the interest they display is encouraged.
This increasing interest in Missouri is gradually producing
a stronger demand for opportunities of investment. A
number of Eastern companies representing much wealth and
experience are now casting about for land in which to invest.
PUBLICATIONS
In December, 1898, a report on Areal Geology, sheets
5 to 10, containing 656 pages, 3 plates, 39 figures, and 6
maps was gotten out in an 8vo. cloth by E. M. Shepard,
C. F. Marbut, and G. C. Broadhead and edited by C. F.
Marbut. It is a series of chapters on the geology of the
areas covered by sheets 5 to 10.
At the same time a Biennial Report of the State Geol-
ogist to the Fortieth General Assembly, 68 pages, was
gotten out by Jno. A. Gallaher.
402 MESSAGES AND PROCLAMATIONS OF
A New Year Announcement in form of a bulletin was
published January, 1900, by Jno. A. Gallaher. It con-
tained 27 pages and consisted of a discussion of the three
great ore-bearing country rocks of Missouri also an article
on the proposed core-drilling for which the last Legislature
made a special appropriation.
In September, 1900, a preliminary report on the
Structural Geology of Missouri, written by Jno. A. Gallaher
and edited by D. K. Greger and Leo Gallaher, was published.
It contains 260 pages, 64 plates, 9 sections and 6 figures, 8
vo. cloth. This is a remarkably clear and lucid classifica-
tion of the rocks of Missouri and forms a basis for all sub-
sequent work. Had the necessity for such a work been
realized years before much subsequent unnecessary work
would not have been done* That this report is highly
appreciated is shown by the file of letters expressing approval
in the office of the Geological Department.
There is now ready for publication a Biennial Report of
the State Geologist to the Forty-first General Assembly.
Also several other reports are in course of preparation for
publication this winter. Among them are: a Report on
Magnesian Lens and its products, Results of Drilling,
several county reports, and Synopsis of Invertebrate
Fossils of the Missouri Paleozoic.
The last General Assembly made an appropriation for
core drilling. Most of this money will have been used in
this work or contracted for and several holes in different
parts of the State with varying quantities of economic
products shown up and a vast amount of information, gained
will be the result. The hole now being put down near
Forest City in Holt county will be one of the deepest holes
drilled with a core drill in this country. Even if no economic
products were brought to light by these holes still the data
being collected with great care would be absolutely reliable
so far as it went and would furnish a standard with which
the best reliable data from private drilling over the State
could be compared and reasonable conclusions deduced.
GOVERNOR LON V. STEPHENS 403
A report on the results of this drilling is now in prepar-
ation and will furnish information which will strongly in-
fluence future prospecting.
During the last three years the work of differentiation,
classification and naming of the rocks of Missouri has been
completed as far as it is practicable to go until a topographic
base of the whole State has been prepared, then an accurate
and complete geological map can be made for the whole
State and the first great stage of the Survey work will be
practically finished.
Not only was the regular classification work pursued
during that time, but also a vast amount of data on the
deposits of economic importance was collected. Besides
giving an opportunity for the collection of this information
it also showed what places and areas were most in need of
detail work and suggested the plans to be pursued in such
work. In fact it formed the basis for all work to be done
in the near future.
FUTURE WORK
The work for the future comes under two heads: first,
continuation of work done the last few years, which can be
continued on $30,000, same amount as last appropriation;
and second, much additional work of inestimable value,
but which will require much more money. Following is a
brief statement of importance, necessity, and approximate
cost of each.
FIRST
This work includes the following items:
(a) Investigation of economic deposits and allied
scientific problems.
(b) Production of a geologic map of State.
(c) Very moderate and insufficient amount of drill-
ing.
(d) Completion of representative collection of Mis-
souri products.
(e) Publication of results of such work.
404 MESSAGES AND PROCLAMATIONS OF
But it will certainly be clear to any fair-minded person
if he will only stop to consider the scope and variety of this
work, the small force employed, the size of the territory to
be covered, and what is expected by the people, that thirty
thousand dollars per biennial period is exceedingly small
and inadequate for the proper prosecution of the work.
However, it is safe to say that the above work can be con-
tinued by the use of the strictest economy and by proceeding
slowly on that amount.
SECOND
Under this heading are the following points:
(a) A rapid and more thorough prosecution of the
work as outlined under first heading.
(b) More thorough and greater amount of drilling.
(c) Co-operation with U. S. Survey in production
of a perfect Topographic Map of whole State.
It certainly must be unnecessary to enumerate the
points in favor of (a) and (b). Nothing could be more
obvious. But in order to show why a topographic map of
the whole State should be made the following is quoted from
Vol. I of the recent West Virginia Survey:
"If now, upon such an areal map, the elevations and
contour lines could be superposed, there would be added
to its value an entire realm of facts which are at present
unknown and unrealized by the ordinary citizen. If the
scale of the maps were such as to permit the country roads
and streams to be designated, as it ought to be, then they
would lend themselves to a thousand uses of our every-
day life. At a glance one could locate the steeper slopes
and level stretches. The traveler, whether on foot or on
wheel, can know the ups and downs of his journey before-
hand. The land buyer can bring to book the descriptions
of the land seller, seeing for himself what is upland and what
is river-bottom, delineated by an authority that is entirely
impartial The engineer can lay out the preliminary profile
of his turnpike or electric railway at his office desk, being
sure of the correctness of the large points of control; city
GOVERNOR LON V. STEPHENS 405
engineers can calculate the water supply that is tributary
to their towns, can know at what levels it can be impounded,
and learn by inspection the most economical location of
dams, reservoirs, and pumping stations. The feasibility of
projected ship-canals and comparative merits of different
routes can be in great measure settled, without expense.
The manufacturer, the miller, the miner, the contractor,
can know beforehand the best location for his factory,
his mill, his shops, and his headquarters. Eventually
the geological outcrops can be transferred to the same map,
in a scheme of colors, the geology explaining the topography
and the topography suggesting the geology. Then the
sheets will be bearing something like the load of correct
information concerning the surface of the State that should
be demanded and furnished by an intelligent common-
wealth.
"But these considerations are largely pecuniary. There
are others that are scientific, intellectual, and educational,
and which will be more highly valued by the thinking
citizens of the State. The naturalist has a sore need of
topographic maps in all his endeavors to explain the geo-
graphical distribution of plants and of animals. In his field
excursions, as a mere guide for his trips, they make all the
difference between high satisfaction and regret that he had
not a better map; while in explaining and recording the dis-
tribution of plants and animals, the topography is a factor
which injects itself into his problems at every turn. The
geologist who is endeavoring to unwind the history of the
preglacial drainage of the State and its relations to modern
drainage, has at present to map his own topography; and
he has nothing to suggest localities where evidence on
critical points might be obtained. Unless he is fortunate
enough to see the topography of a locality with his own
eyes, he can not know whether there is any problem deserv-
ing study at that point or not. In contrast with this we
see Professor Davis, of Cambridge, taking the elaborate
maps of France and Germany, and, in his laboratory, writing
with confidence of the episodes in the history of the Meuse
406 MESSAGES AND PROCLAMATIONS OF
and Mosel rivers, leaving scarcely a work or an opinion to be
altered when the place is subsequently visited in person.
The physicist and the meteorologist are in equal need of a
knowledge of altitudes, that they may interpret aright the
pressure of the atmosphere and its ever varying phenomena.
Indeed, one can not foresee all the benefits that would arise
from the survey proposed, for every step forward in exact
science is sure to open up, and form a basis, for unexpected
advances in related lines. Our duty is to push forward in
faith, being sure that our horizon will be broader from the
new position attained.
"As a matter of mere intellectual triumph over nature,
the utility of this survey may be urged. Ohio has been
settled for over a hundred years, and has become one of the
most important commonwealths in the Union. Its interests
are diversified. It has enjoyed general prosperity, and in
education, in the support of public institutions, and in
intelligent appreciation of the best things, it has an honor-
able standing. But is it not high time that an intelligent
people should construct for themselves, and thus be able
to contribute to the world's consistent and complete rep-
resentation, in three dimensions, of that portion of the earth's
surface with which their fortunes are inevitably linked?
To subdue, to cultivate, to comprehend, to prepare for man's
uses with the utmost refinement this surface which is the
most persistent and conspicuous element in the environ-
ment of man, should be a task, in the accomplishment of
which a worthy sense of satisfaction and triumph may well
be indulged."
MONEY NEEDED
For maintenance . .
Core drilling
Topographic work.
Soil analysis
Total.
$20,000.00
30,000.00
40,000.00
10,000.00
$100,000.00
GOVERNOR LON V. STEPHENS 407
Both the Topographic Mapping and the Soil Analysis
would be done in co-operation with the U. S. Survey and
the Federal Government would put as much money into
it as the State. The work would be as perfect as the most
improved methods for engineering work could make it.
All the money the State appropriated for the work would
be spent within her own bounds, and a large part the United
States appropriated would also be spent in the State, hence
it would result, in money being brought into the State.
Many of the Eastern states, not so large nor so wealthy as
Missouri, have secured this co-operation with the Federal
Survey and the results are in every way gratifying.
It is rather a surprising fact that the cost of the survey
during the last four years has been equalled by the increase
in taxes being brought about by the land entered and con-
verted into taxable property during that period. With
liberal appropriations for carrying on the work as outlined
above even that record can be surpassed.
Dr. John A. Gallaher, State Geologist, died June 21,
1900, at Warrensburg, Missouri, after an illness of several
weeks. He was a zealous student and loved his profession.
He was a man of varied information and of untiring industry
and energy; conscientious, honest and faithful, courteous
and affable, and leaves behind him a spotless record for his
family and an example worthy of emulation. His death is
deeply deplored, and it is recognized as a great loss to the
State of Missouri. He leaves a wife, two sons and one
daughter, who have in their bereavement the sympathy of
all Missourians. Upon the death of Dr. Gallaher, his son,
Leo Gallaher, who had received his practical training from
his father, and who was thought in every respect worthy
and well qualified, was named by the Board of Managers
of the Bureau of Geology and Mines, as Acting Geologist.
EXCISE COMMISSION
Chas. P. Higgins, Excise Commissioner of St. Louis,
submits me the following comparative statement of State
and City Revenue for dram-shop purposes, collected by his
408 MESSAGES AND PROCLAMATIONS OF
predecessor and himself, during their respective terms,
excepting the year beginning July 3, 1900, and ending July
3, 1901, \vhich it is thought will also show an increase over
the preceding year.
BY N. M. BELL
July,
3, 1893,
to
July 3,
1894
$1
,136
,9,75
55
July,
3, 1894,
to
July 3,
1895
1
,185
,79?,
30
July
3, 1895,
to
July 3,
1896
1
,173
,176
75
July
3, 1896,
to
July 3,
1897
1
,100
16Q
60
BY CHAS. P. HIGGINS
July 3, 1897, to July 3, 1898. .
July 3, 1898, to July 3, 1899. .
July 3, 1899, to July 3, 1900.
$1,216,789.20
1,201,373 75
1,213,566.70
Mr. Higgins, in forwarding this report to me, makes the
following suggestion, which is respectfully submitted:
S I have, during my term of office, endeavored to do my
full duty, honestly and impartially. During my term an
agitation has prevailed regarding 'disreputable' saloons.
They have always existed, and are created by the tax-paying
citizens owning property in the block or square in which
they are situated, and I can see no remedy for their abolish-
ment, other than the enactment of a law providing for the
closing of all saloons between the hours of 12 midnight,
and 5 a. m. This would come nearer to accomplishing this
end, as the business of these places is wholly done between
these hours; and a law of this sort would make the business
so unprofitable that they could not exist; and in addition
would prevent murders, robbery and other crimes."
STATE BOARD OF PHARMACY
Since the report of this Board, December 31, 1899,
there have been held five meetings, at the following places:
Jefferson City, St. Louis, Kansas City, Sedalia, and St.
GOVERNOR LON V. STEPHENS 409
Louis. During the year the Board has examined 254 ap-
plicants of which 131 passed and 123 failed. It has issued
in all 655 licenses, 524 of them being to physicians and
graduates of pharmacy, who were entitled to a license under
section 3037 and 3052 of the Revised Statutes of Missouri,
"without examination."
According to the decision of Attorney-General Crow,
the Board found itself in a dilemma, owing to the ambiguity
of the Pharmacy laws. Section 3037 provides that phy-
sicians duly authorized to practice medicine in Missouri,
shall be registered without examination. Section 3052 pro-
vides that the Board of Pharmacy conducting examinations
under the provisions of this section shall not be permitted
to inquire into the source of information of any applicant,
but shall subject all applicants to the same examination
and require of all the same degree of efficiency.
During this administration the Board examined 976
applicants, of which 514 passed and 458 failed. The ex-
aminations consisted of written questions and answers in
practical pharmacy, theoretical pharmacy, toxicology,
materia medica and chemistry; the Board requiring a
rating of seventy per cent in all branches not less than
fifty per cent to be made in any one branch.
EDUCATION
STATE UNIVERSITY
In no institution in Missouri, indeed in few, if any, in
the Mississippi Valley has the growth and advancement been
greater in the last four years than in the University of the
State of Missouri. This advancement has been not only in
attendance of students, but in the character and excellence
of work done. The Missouri State University is taking
rank, as it well deserves to do, among the .leading institu-
tions of America. This progress will be gratifying to the
increasing number of friends that the University has
throughout the State. Tuition has been made free in all
departments; the medical course has been extended to four
410 MESSAGES AND PROCLAMATIONS OF
years and the law course to three years; a high school
education is now required for admission to both courses.
The laboratory of Anatomy has been equipped . and the
chair of Anatomy filled.
The Parker Memorial Hospital erected through the
generosity of William L. Parker, of Columbia, supplemented
by the State appropriation of $10,000 has been built. This
hospital is for Clinics, for the care of students who are sick
and for training nurses. An appropriation will be needed
for its equipment.
Household Economics has been equipped with an
admirable teacher in charge, under the direction of the
Fortieth General Assembly. Notable improvements have
been made in the Academic department, in the Engineering
department, the department of Physical Culture and in the
Library. On the first day of June, 1897, there were enrolled
as students at Columbia, 701, and at the School of Mines,
at Rolla, 104; total for the whole University, 805. On the
first day of June, 1901, at the close of the present year,
there will have been enrolled at Columbia for the present
year 1305 students and at Rolla 168; a total for the whole
University of 1473 students. This is a gain during the
four years in student enrollment of 85 per cent increase
unequalled in the history of the institution. Three-fourths
of the growth has been within the last two years and its
continuance is practically certain. Within the next four
years there will be enrolled nearly or quite 2,000 students
and the General Assembly, in making appropriations should
provide not merely for the 1,300 at present enrolled, but
for the certain increase. There is no educational institu-
tion in the State, public or private, that in the last two years
has increased so rapidly as the State University. Moreover
this increase may be expected to continue. In 1897 the
University had 50 approved schools in the various counties
of the State, graduates of which were admitted to the
University without examination upon presentation of cer-
tificate or diploma. There are now over 112 approved
schools, an increase of over 100 per cent. Moreover each
GOVERNOB LON V. STEPHENS 411
approved school Is increasing in numbers. Because of
this and other reasons the growth of the University seems
to be assured. It remains for the Forty-first General
Assembly to decide whether the intellectual demands of
this army of students shall be properly met. It must of
necessity take larger funds for the teaching of 1,300 students
than that of 800. Because of the abolition of tuition fees,
the University has no income from this source, and the
State will have to make good its loss.
The University is now in point of attendance the sixth
State University in America, having surpassed in enroll-
ment its neighboring Universities of Kansas and Iowa.
Its summer school, though of comparatively recent es-
tablishment, is the fourth in size in the United States.
The University can not be maintained at its present high
standard nor can it keep up with the demands of the youth
of the State except it receives the liberal support from the
General Assembly. The estimate of the Board of Curators
is that for maintenance and support of the University for
the next biennial period there will be needed an appropria-
tion of $32,000 for the School of Mines at Rolla, and $285,000
for the University at Columbia. To this most conservative
estimate I give my cordial approval. In this estimate
there is no account taken of the needed buildings. Among
the buildings which the Board of Curators and the Board
of Visitors report as of urgent necessity are the two for
which appropriations were made by the Fortieth General
Assembly, but which because of lack of revenue in the
State Treasury were vetoed, the main building at the School
of Mines and the building at Columbia, for live stock judg-
ing, veterinary surgery and dairying. Other buildings at
Columbia which should be provided as soon as revenues of
the State will permit, are an engineering laboratory, a
Dormitory for Women, a fire-proof Library building, a
Gymnasium and Armory, a Medical building and a build-
ing for Botany and Entomology,
During the four years now closing there have been
expended in permanent improvements at Columbia and
412 MESSAGES AND PROCLAMATIONS OF
Rolla $100,000 which, is remarkably small when the needs
of the growing State University are considered. Of this
amount, $34,500 was for a new dormitory and furnishings;
32,500 for laboratories and libraries; $30,000 for the Parker
Memorial Hospital, of which $20,000 came by private gift.
The foremost need of the University is a fixed allowance
from the State for its support. In most of the Mississippi
Valley States this provision is made for the support of the
universities by a fixed tax levied upon property in the State
and entered on the tax bill of the citizens as a separate item
so that he may see the amount. Taxes are levied in the
following states for this purpose:
1. The University of Michigan, not including the
Schools of Mines or the Agricultural College, one-fourth
mill (two and one-fourth cents on the $100) of property.
Income from all sources nearly $500,000 a year.
2. University of Wisconsin, about one-fourth mill for
maintenance and a large tax additional for special pur-
poses. Its income from all sources is nearly $400,000 a
year.
3. University of Iowa, not including Agricultural
College, about one-fifth mill or two cents on the $100.
4. University of Nebraska, two-thirds mill or about
six and two-thirds cents on the $100. This is the largest tax
levied in any State for the maintenance. In Missouri it
would yield a revenue of $833,333 a year.
5. University of California which has besides an
endowment of more than five millions, one and one-half
cents on the $100 valuation. Its income from all sources
is not short of $500,000 a year.
6. University of Minnesota for maintenance alone
has an annual income of about $350,000 a year.
7. Ohio University one-tenth mill or one and one-
half cents on the $100, has income from all sources about
$300,000 a year.
8. University of Oklahoma, one-half mill, five cents on
the $100. In Missouri this would yield $650,000 a year.
GOVERNOR LON V. STEPHENS 413
9. University of Illinois expects to receive in the
coming biennial period about 700,000.
The University of Missouri received during the last
biennial period for the department of Columbia, $142,700
which is three-fifths of a cent on the 100 of taxable property
in the State. A man with $1,000 worth of property on the
tax book paid the University six cents a year. A man in
Nebraska paid sixty-seven and two-thirds cents; in Michigan
twenty-five cents besides what he paid to the College of
Agriculture and State School of Mines. It will be seen
that several of the State Universities west of the Alleghenies
have received more per annum than the Missouri University
has received in the biennial period. Moreover, they have
in general a stated income and hence are able to carry out a
fixed policy. I have heretofore recommended to the Gen-
eral Assembly that provision be made for a fixed income for
the Missouri University and here repeat with emphasis
my former recommendations along this line.
The certificates of indebtedness heretofore issued for
the public school and seminary fund have proved safe and
satisfactory. Adequate provision should be made for their
continuance.
The State University is the head of the public school
system of Missouri. It should be so liberally supported
that no Missourian need send his children beyond the
borders of the State for University training.
SCHOOL OF MINES AND METALLURGY
The past four years have been notable in the annals of
the Missouri School of Mines for changes and improvements.
A general reorganization of the faculty and administration,
and a change in the character of the work of the school has
been accomplished. The latter which was largely academic
and preparatory has become almost purely technical. The
full courses for engineering degrees have been strengthened,
and the standard for admission to the school very materially
raised. The results of these changes have been gratifying
414 MESSAGES AND PROCLAMATIONS OF
in the extreme. The number of students in attendance has
increased each year until the school has been taxed to its
utmost capacity to provide for them. Every inch of
available space has been utilized for laboratory and lecture
room purposes, and two rough temporary wooden build-
ings have been erected. Not only has there been this
marked increase in the number of students but there has
been a striking improvement in their quality, specialists in
teaching different branches and lectures, and concerts.
The influence of the school is now being felt in all parts
of the State and the charge that it is a local institution, so
far as its work is concerned, can no longer be sustained.
Its reputation has become so well established that it has
now enrolled fifty students from other states and countries
a fine testimonial to the character of the work which it
is doing.
Former Legislatures have made no provisions for the
unexpected growth of this institution, and its needs in the
way of new buildings and equipment are very urgent and
are justified both by the record the school has made and
by the importance of the great mining industries of the
State. It ought to be made the equal if not the superior
of any similar institution in the country, and under any
circumstances provision should be made for its immediate
necessities.
REPORT OF BOARD OF VISITORS
I am in receipt of the following report of the Board of
Visitors which is respectfully submitted:
Columbia, Missouri, December 18, 1900.
Hon. Lou V. Stephens, Governor of Missouri, Jefferson City, Missouri :
Dear Sir:
Pursuant to the provisions of section 10511 of the Revised Statutes
of Missouri, 1899, the Board of Visitors met at the University of Mis-
souri on December 18th and made personal examination into the con-
dition of the University, and hereby report the result to you with sug-
gestions of such improvements and recommendations as are thought
important.
GOVERNOR LON V. STEPHENS 415
We beg to report that we find the University in a flourishing con-
dition, and that, with the students now enrolled and those that or-
dinarily enroll during the year, the attendance at Columbia will be not
less than 1300, and at Rolla about 165, making the enrollment in the
whole University about 1465. Not only is the attendance, but the
influence of the University and its usefulness rapidly increasing.
First. We suggest that section 10511 be amended so as to provide
for the Annual Meeting of the Board of Visitors on the second Tuesday
in November, because of the fact that the law now fixes the time of
meeting of the Board of Visitors at the same time that the Curators
and the Board of Agriculture meet. In consequence of this the officials
of the University are not in a position to assist the Board of Visitors
to the extent that they would be were not the duties imposed upon
them necessitated by their attendance upon the other two Boards.
Second. We recommend the necessary appropriation for the
erection of a Dairy and Stock Judging building at Columhia, and a
General building at Rolla, such as were provided in the appropriations
of 1899, and which you were obliged to veto for fear that the anticipated
revenue would not meet all the appropriations made at that session.
Third. We recommend as next in importance, the erection of a
fire-proof Library building. The University now has no Library build-
ing, and its Library consisting of 35,000 volumes is housed in one wing
of the Academic Hall, in which there is not sufficient room for the stu-
dents in their library work.
Fourth. A medical building should be erected at once. This
is the only department which does not possess a building of its own,
and at present the teaching force of this department is scattered through
five different buildings. We also recommend in this connection that an
appropriation be made for the heating and equipment of the Hospital
building.
Fifth, We renew the recommendation in our last report, that a
Gymnasium and Armory building be erected. At present, during the
bad weather all military drill necessarily ceases. The Gymnasium is at
present located in the basement of the Academic building, a place
wholly unsuited for the purpose. In addition a large number of stu-
dents who have been desirous of taking gymnasium work have been
refused on account of the lack of room.
Sixth. A reasonable appropriation should be made for the erection
of a Woman's Dormitory. The State has already erected three Dor-
mitories for men, and as there are over 300 women in the University,
a failure to give them equal facilities seems an unjust discrimination.
Seventh. The Engineering Department is in need of a Laboratory
building. This department has the necessary teaching rooms, but has
no Laboratory rooms whatever, which operates as a serious hindrance
in the efficiency of the department.
Eighth. We recommend the re-enactment of that part of the Law
of 1895 (afterwards declared invalid by the Supreme Court) which
provides for a corporation tax, and suggest that the fees resulting there-
from be placed to the credit of the Seminary or University Fund to meet
416 MESSAGES AND PROCLAMATIONS OF
appropriations for the University. We suggest such legislation as this,
in order to relieve the pressing burdens which continually rest upon the
General Revenue Fund, and our suggestion is not merely in the interest
of the University, but in the interest of all the State's institutions,
because to the extent that the General Revenue Fund is relieved of
pressure to the same extent is the ability of the State enlarged to meet
the demands of all its other institutions.
Ninth. We call attention to the fact that larger appropriations
must be made for the maintenance of the University. This is due to
several reasons.
In the first place, the University of Missouri, with two other State
Universities, up to two years ago stood alone in charging tuition fees.
The authorities of this institution rightfully and correctly came to the
conclusion that it was improper to charge a student a tuition fee as the
condition precedent to his admission in a Public School, for the Uni-
versity is a part of the Public School system of the State. Accordingly,
all tuition fees are now abolished in the University, as is the case in almost
all similar institutions in the United States. The result of this, however,
is the loss of some $12,000 to $15,000 revenue per annum from such
tuition fees, making the net loss for the biennial period of from $25,000
to $30,000. Necessarily this loss must be made up by an increase in
the maintenance appropriations. In addition to this the policy of free
tuition, and the recent quick growth and development of the institution
has brought about the large student attendance already adverted to,
and such increase will continue within the next two years, which of
itself will necessitate increased expenditure.
For these reasons we think the appropriation for the biennial
period, aside from the interest on the University's endowment fund,
should not be less than $280,000.
Tenth. We are advised that the Y. M. C. Association of the State
will contribute $15,000 if the State will appropriate $25,000 for the
erection of a Y. M. C. A. building. We recommend that this generous
proposition be accepted. The benefits are so self-evident that we
consider comment unnecessary.
Eleventh. We desire to return and in this way to express the grate-
ful acknowledgment of the Board of Visitors to William L. Parker of
Columbia and Adolphus Busch of St. Louis. Mr. Parker gave $15,000
to assist in the erection of the Hospital building of the University. Mr.
Busch realized the necessity of building a clinic amphitheatre in con-
nection with the Hospital and for which no funds were on hand. Mr.
Busch, with the generosity which has always characterized him, cheer-
fully gave this sum. The memory of the munificence of these men will
always continue with the good that will accompany it at the institution.
To them we believe it due this expression from the Board which we take
pleasure in giving in this official manner.
Twelfth. We commend the action of the University authorities
in establishing a Co-operative Store at which the students are enabled
to buy at a reasonable cost all books, stationery and other supplies.
GOVERNOR LON V. STEPHENS 417
Thirteenth. We heartily recommend that the State Board of
Geology and Mines be removed to the Geological building of the Uni-
versity which is ready to furnish for the collections of the Bureau a fire-
proof Museum room fifty feet *wide and one hundred feet long and for
the officers of the Bureau suitable rooms. We believe that the associa-
tion of the Geological Survey with the department of Geology at the
State University would be of great benefit to the Survey, to the science
of Geology in the University and to the students who come from all
parts of the State. We point to the fact that such association has
brought forth good fruit in a number of the foremost States in the
Union. This transfer is recommended by the Board of Curators by
unanimous vote.
Respectfully submitted,
WALLACE ESTILL, President.
CHAS. E. YEATER, Secretary.
STATE NORMAL SCHOOL KIRKSVILLE
During the past four years the number of students
enrolling each year has changed but little. The school has
been working to its full capacity. It could not do justice
to large numbers. If there were more rooms and more
teachers there would be larger numbers of students. The
standard of entrance and graduation has been raised.
Small departmental libraries have been put into all the
recitation rooms and three new laboratories have been
fairly well started. A good Manual Training Shop has
been established and is now in successful working order.
The present building has been used without material altera-
tion for twenty-eight years. The educational interests of
this Normal School district seem clearly to require the
addition of at least eight healthful recitation rooms to the
building to accommodate the classes now there.
The school needs also a Library and Reading room and a
Gymnasium. It is filled with large classes of aspiring and
hopeful young Missourians, and would have many more if
it could accommodate them. I therefore sincerely hope the
necessities of the institution will so strongly appeal to your
judgment that you will be disposed to approve the request
of the Regents and President of the school for good whole-
some appropriations. They will ask for:
14
418 MESSAGES AND PROCLAMATIONS OF
Support and maintenance, biennial period 1901-2
New heating plant
Repairs and improvements
Library and scientific appliances
Summer school
Necessary new building
Total.
$40,000.00
3,500 00
2,200.00
5,000.00
3,000.00
40,000.00
$93,700.00
STATE NORMAL SCHOOL WARRENSBURG
The State Normal School (Second District) has grown
and developed during the present administration. Though
the course of study has been raised about a year and the
entrance and graduation requirements correspondingly lifted,
the attendance has remained constant, and the interest
steadily increased. Some of the new features introduced
in the last two years are as follows:
1. Manual Training.
2. Physical Culture.
3. Practical Agriculture and Nature Study.
4. A Kindergarten Department.
5. Two years of German.
This school has wisely expended every dollar received
from the State and has a most excellent and modern school
building. The grounds are beautiful and the location all
that could be desired.
The school draws many pupils from outside the district.
This shows the confidence the people and the teachers of the
State have in the school. There are forty-three counties in
the Second district. In the attendance for the school year
1899-1900 seventy-three counties were represented.
While the Academic work done here is first class and the
Laboratory and the Library facilities unsurpassed by any
other school in the State of the secondary grade, the feature
that is especially prominent and strong is the Pedagogical or
Training School. This department has been thoroughly
reorganized and now employs five teachers. It is a regularly
GOVERNOB LON V. STEPHENS 419
organized graded school of eight grades, divided into the
divisions of Primary, Intermediate and Grammar School.
To these should be added the Kindergarten. There are 190
pupils in this Training department. The Professional de-
partment in the Normal proper is closely articulated with the
Training School. It is believed that the State has an
institution at Warrensburg of which she has just cause to
be proud.
STATE NORMAL SCHOOL CAPE GIRARDEAU
During the last four years there has been a small
increase in the number of students attending the Third
District State Normal School. The number of students
attending is as large as the school should have with its
present equipment. A large number would attend the
school if the equipment was increased. The rural schools
and the town and village schools of Southeast Missouri are
developing more rapidly than in any other section of the
State, and the demand for w^ell qualified teachers is greatly
increasing. To meet this condition the Normal School has
raised its entrance requirements gradually, so that at
present about eighty per cent of the students attending the
school are in the Normal Department proper, and only
twenty per cent are in the Sub-Normal Department. But
the advancement of the schools of Southeast Missouri will
be greatly retarded unless the equipment of the Third Dis-
trict State Normal is considerably increased.
The present Normal building without change, except an
enlargement of the Chapel and the addition of small society
halls, has served the Normal for twenty-six years. At
present the entire building, including every room in the
basement, is occupied. All the Laboratories, the Library,
and the Training School need more room. There is no
available space for the Industrial Department or Gym-
nasium. The Normal School needs an additional building
to accommodate the Laboratories, the Training School and
Industrial Department, and a Gymnasium. The present
420 MESSAGES AND PROCLAMATIONS OF
building would accommodate the school in the matter of
general recitation rooms and Library.
The last General Assembly appropriated $25,000 for
the support of the school for two years; $21,500 for teachers'
salaries, $1,000 for painting the building, $1,000 for the
Library, and $1,500 for the Laboratories. The entire
appropriation has been exhausted. With the money ap-
propriated by the last General Assembly and what could
be spared from the incidental fund for some years, the Board
lias succeeded in equipping three small but good Science
Laboratories, a small general Library and Reading Room,
and special Libraries in the departments of History, English
and Pedagogy. These should all be enlarged.
The school will ask for the next two years the following
appropriations:
For teachers' salaries
For summer school
For library
For laboratories
For establishing: an industrial department .
For completing walks
For a new building
Total .
$28,000.00
3,000 00
2,000 00
2,500 00
1,500 00
1,500.00
30,000.00
$68,500 00
MISSOUBI SCHOOL FOR THE BUND
This institution is in excellent working order. The
cost per capita for maintenance of pupils is $228 as against
the average cost per capita of thirty-nine other schools for
blind of $230. The discipline is excellent. Many improve-
ments have added to its efficiency as a school. All of the
money received has been most judiciously expended, and the
usefulness of the institution is greater than ever before.
The removal of the school to a more suitable location
in the city of St. Louis and erection of a new building is
recommended by the management. It is deemed wise to
keep the school in the city of St. Louis on account of im-
GOVERNOR LON V. STEPHENS 421
portant advantages attaching thereto skilled oculists,
specialists in teaching different branches and lectures, and
concerts not to be obtained elsewhere. A new building with
comforts and conveniences is needed. The old and dilap-
idated structure now necessitates constant and expensive
repairs.
MISSOURI SCHOOL FOR THE DEAF
The number of pupils enrolled in this school in January,
1897, was 345, and at the present time there are 325. The
number of pupils graduated and otherwise discharged from
the school during this period (last four years) was 114.
The present cost per capita of maintaining the pupils is
$197 annually. This is a slight increase, but there has been
a corresponding increase in the welfare of the pupils. It is
still $37 less than the average per capita cost in thirty-four
similar schools in the United States. The general con-
dition of the school is good.
It is suggested that an additional school building, and a
cottage for pupils under ten years of age, are needed.
It being the opinion of three experts called in by the
Board of Managers that the heating system was wholly
inadequate and that a considerable part of it would not
serve another winter, the Board agreed to allow the Ringer
Stove Company of St. Louis to put in a modern and com-
plete system of heating pipes, at an expense of $3,500.
No binding contract was made on the part of the Board.
It was simply agreed to present the matter fairly to your
honorable body for allowance, and I trust you will see
your way clear to do so. The school is in excellent hands
and was never better managed than now. Recommenda-
tions which will be made to the General Assembly are
worthy of careful consideration.
LINCOLN INSTITUTE
This Normal School for the education of the colored
people has, during the last few years, risen to a standard
422 MESSAGES AND PROCLAMATIONS OF
second to none of its class. The number of students en-
rolled for the present scholastic year, including the practice
school, is 243. This increase of a hundred students over
the number matriculating last year is remarkable, when the
fact is considered that lower grades were discontinued, and
the standard for scholarship was correspondingly raised.
During my administration $13,000 have been spent in
permanent improvements, such as for water, sewerage,
heating apparatus and other equipments. I am informed
that accommodations as to dormitory facilities are too
meager to permit the management to house all or even most
of the students upon the grounds. An appropriation will
be asked for a suitable dormitory for boys, and it is further
held that it will be a matter of economy to repair and
paint all the buildings. The institution is in safe hands,
and good work is being done.
ELEEMOSYNARY INSTITUTIONS
STATE FEDERAL SOLDIERS' HOME
The number of inmates at the State Federal Soldiers'
Home is now 120, ninety-five of whom are males, and twenty-
five females. When the State assumed control of the home
there were but eighteen inmates.
The value of the Home and improvements, when
donated to the State by the W. R. C. and G. A. R., was
$40,000. Permanent improvements to the amount of
$8,458 have since been made by the State.
The cost per capita for maintenance of inmates, per day,
under Superintendent Crandall was sixteen and one-half
cents; under the present superintendent it is twenty cents.
The management is of the opinion that an appropria-
tion will be necessary for the construction of a Dormitory,
Hospital, etc., estimated at $74,490.
GOVERNOK LON V. STEPHENS 423
CONFEDERATE HOME
At the beginning of this administration there were 119
inmates in this Home. During the past four years 168 per-
sons have been admitted. During that time ninety-seven
have been discharged or withdrawn, and forty-six have
died, leaving 144 inmates remaining at this time, In
addition, the applications of tw r elve more have been ap-
proved and notified.
The capacity of the Home is 150, comfortably housed
and roomed, but in the winter time it is often crowded to
160 or 165. This crowds the institution beyond its capacity
but it can not be avoided without enlarged facilities. There
are 165 applications for admission now on file, worthy and
needy, but the applicants can not possibly be accommodated.
The ages of the inmates range from 60 to 85 the aver-
age age being above 65. Many of them are sadly afflicted
from wounds and disease, and a large number are almost
entirely helpless.
The per capita cost of maintaining the inmates is 2L53
cents per day.
A number of valuable permanent improvements have
been made during the past four years.
The farm of 360 acres has proved to be a valuable
adjunct in supporting the Home. In the four years just
closed it has yielded a net income, above the cost of its
operation, to the support of the institution, of $6,159.69.
It is in a splendid state of cultivation, and is equipped with
the best modern farming machinery and implements, good
work horses and well-bred cows and hogs.
The financial condition of the Home is good, the manage-
ment having always conducted the business of the institu-
tion within the limit of the funds provided, and at no time
have its accounts been overdrawn. In all of its depart-
ments, the Home has steadily improved each year under
State control.
The hospital building is entirely unfitted and inade-
quate, and a new one must be built. This is the paramount
424 MESSAGES AND PROCLAMATIONS OF
need of the institution. It is thought that the necessary
building could be erected and equipped for $10,000. In
addition to this, it is suggested that an appropriation of
$2,000 for a new cow-barn, $1,000 for mattresses, and $3,000
for general repairs is needed. None of the comforts and
necessities of life should be withheld from these unfortunate
people. Every dollar appropriated will be judiciously
expended.
REFORM SCHOOL FOR BOYS
On January 1, 1897, there were confined in the Reform
School for Boys at Boonville, 306 inmates. At the present
time there are 338 inmates an increase of 32. During this
administration 890 boys have been discharged from this
institution. Fully seventy-five per cent of them are em-
ployed and are doing well. The cost per capita of maintain-
ing inmates is at present $11.50 per month a slight de-
crease as compared with former administrations. The
present general condition of the institution, financial and
physical, is good. The Legislatures have been liberal
in their appropriations for improvements and moneys
have been at all times judiciously expended. During
1897-1898 there was received from counties and other
sources $92,567.82; during 1899-1900 $94,997.15, not in-
cluding legislative appropriations.
It is apparent that the necessity exists for a new school
building, which should be of such capacity as to care for
600 boys. With a cash appropriation of $7,000 by the
Legislature, with the help that can be rendered by the boys,
such a building could be constructed.
The "cottage system" has been found to be far in
advance of all other systems, and a cottage to accommodate
fifty more boys is desired, which will cost $5,500.
The management desires to duplicate the electric light
generator and engine to furnish power for all shops. Two
thousand dollars would be necessary for this improvement.
It would in my judgment be a great saving to the State and
would prove a good investment.
GOVERNOR LON V. STEPHENS
425
INDUSTRIAL HOME FOR GIRLS
Number of inmates at present
Number of inmates January 1, 1897
Number of discharges since January 1, 1897 .
101
78
73
The Legislature of 1897 appropriated the following
amounts for permanent improvements:
To finish Missouri building
To finish school and chapel building .
For new barn and sheds
For fence and walks
Total .
SI, 600. 00
5,000.00
1,320.00
1,000.00
$8,920 00
The Legislature of 1899 made an appropriation for
permanent improvements and but $1,000 was allowed for
repairs for the two years of 1899 and 1900, so that repair
work has not been kept up as it should, as the small amount
of $500 per year barely sufficed to keep the old boiler plant
in working order. Therefore amount expended for per-
manent improvements since January 1, 1897, $8,920.00.
Amount appropriated by Legislature of 1897:
For finishing Missouri building.
For finishing school and chapel.
For new barn and sheds
For fence and walks
For repairs
For support
For salaries
Total
Received from counties and individuals during 1897.
Received from counties and individuals during 1898 .
Total funds of 1897 and 1898
$1,600.00
5,000.00
1,320.00
1,000.00
2,000.00
7,000.00
10,000.00
$27,920.00
5,209 64
7,264.56
$40,395.20
426
MESSAGES AND PROCLAMATIONS OF
Of this there was unexpended and turned back into the
Treasury, January 1, 1899:
Of support fund
Of repair fund
Of barn and shed fund. .
Of fence and walk fund .
Total unexpended .
$308 43
119.16
65.65
89.70
$582.94
But the salary fund was inadequate and there was a
deficit, afterwards provided for in deficiency bill of 1899
of 1462.56. Making the total expenditure of 1897 and
1898, $40,274.82.
Amount appropriated by Legislature of 1899.
For salaries of officers and employes $11 , 160 . 00
For support 7, 000 00
For repairs 1 ,000 00
Total $19,160.00
Amount received from counties and individuals in 1899 . . 5,620. 71
Amount received from counties and individuals in 1900 . 5,120.55
Total from all sources $29 ,901 . 26
Expended for salaries, 1899-1900 $11 , 155 . 73
Expended for repairs, 1899-1900 1 , 000 . 00
Expended for support 18,344.05
Total expended $30,499 . 78
Making a deficit of $598.52, which the superintendent
is trying to collect from counties.
Cost per capita for inmates at present . 235
Cost per capita for inmates former administration .379
GOVERNOR LON V. STEPHENS 427
Of the seventy-three discharged since January 1, 1897:
Married and doing well
29
Working and doing well . .
24
Died
1
Doing badly. ...... .
9
ISTotMng known
10
Total
73
Per cent, of reformation. ................I....,,*..
72,6
Every cent of the appropriation has been expended.
The physical condition could not be better. There has
been but one death in the institution since its establishment
and no epidemic. The physician is paid by the visit and
his annual bill would not exceed $75.
The report of this institution will be found an interest-
ing one. Recommendations made are indeed modest, and
I urge at your hands a favorable consideration of same.
The two buildings are crowded to the full extent of
their capacity, and the necessity for a new family building
is great, if girls are to be received in the next two years.
The boilers are worn out and were always too small, and
an appropriation for two new boilers and an enlargement of
the boiler-house is an urgent need.
With the establishment of a new family, two new officers
will have to be put in, and the present demand for a laundry
teacher, as well as the establishment of a business depart-
ment, with teacher, is one of the great needs.
A teacher in music should be put in, and a piano is
very much desired.
The engineer's salary will have to be increased ten
dollars per month, for it is impossible to find competent
machinists and steam men to take charge of the plant, and
stay permanently, at the present salary of fifty dollars per
month.
The following sums should be appropriated for the
use and support of the Home for the ensuing two years:
428
MESSAGES AND PROCLAMATIONS OF
New family building for inmates (tids is estimated to cover
steam heat and plumbing equipment) $28 , 000 00
For f urnisMng same 2 , 500 . 00
For new boilers 1 ,500 00
Extension of boiler-house 1 , 500 . 00
Cement walks 500.00
Finishing outside front fence and walk 1 ,000 00
Fitting up house and yards for poultry 300 00
Equipping business department 300 . 00
For library 100.00
Purchasing four sewing machines 100 . 00
Putting sewer through garden 200 . 00
Purchasing piano for chapel 300 . 00
Erection of shed and purchasing of vehicle 200 00
General repairs 2, 000 00
Salaries for two years including the new officers 13,000.00
Support 10, 000. 00
Total $61 ,500.00
These are low estimates and lower than those two years
ago, notwithstanding the fact that all building material has
advanced from ten to twenty per cent.
ASYLUMS FOR THE INSANE AND FEEBLE-MINDED
HOSPITALS FOR THE INSANE
Our State has made liberal provisions for the care of
her unfortunate insane. These hospitals are well equipped
and I am glad to advise are conducted under superior
management. By reference to their biennial reports you
will observe that the general health of the patients has been
good, that they have not been visited by any contagious
or infectious diseases, and the financial and physical con-
ditions of the institutions have never been better. Two
years ago you provided well for their growing needs and
demands. Every dollar of these appropriations has been
spent carefully and judiciously. The new wing attached
to the main building of Hospital No. 1 has been used by the
overflow of patients for several months. There was not
enough funds, however, to finish the upper stories of this
GOVERNOR LOK V. STEPHENS - 429
building and you will be called upon to complete it, and
make other additional improvements, such as ice plant and
cold storage, electric light plant, deep well, and surgical and
scientific appliances.
Hospital No. 2 is also in a crowded condition. During
the last biennial period a large number of patients have been
admitted and it will become necessary for you to provide for
their comfortable location. The management is so well
pleased with the new bath house and the benefits derived
therefrom that a separate building for women will be al-
most indispensable. All improvements made at this in-
stitution are durable and suitable and the value of all has
been much enhanced by aid received from patients and
institution help.
Hospital No. 3 reports its physical condition unusually
good, except there seems to be an imperative need of certain
appropriations in order that the best interests of the Hospital
should be promoted. The management will ask you for the
purchase of 160 acres of land adjacent tathe Hospital and an
addition to the main building for the further accommoda-
tion of the increasing number of patients, which I trust will
meet with your favorable consideration.
LUNATIC ASYLUM NO. 4
The Fortieth General Assembly passed an act authoriz-
ing the establishment of an asylum for the treatment of
lunatics and insane persons in this State, to be located in
some one of the counties of the State embraced within the
territory lying south of the forty-fourth township line and
east of the sixth range line, west of the fifth principal
meridian, to be known as State Lunatic Asylum No. 4, and
appropriated $150,000 for the purchase of land and the erec-
tion of buildings.
Commissioners. In conformity with the requirements
of this act, I appointed Hon. J. D. Allen, Butler; Jas. Ed.
Berry, Fulton; J. L. Buchanan, California; 0. C. Clay,
Canton, and Dr. C. H. Rigg, Middleton, as a Board of
Commissioners, who on October 2, 1899, met and organized
430 MESSAGES AND PROCLAMATIONS OF
their Board by electing J. D. Allen, chairman, and Jas.
Ed. Berry, secretary.
Location. One of the first actions performed by this
Board was the selection of a location combining certain re-
quirements specifically enumerated in the act and located
within the territory heretofore designated. The following
towns offered sites for location conforming with the law, and
were each visited by the Board of Commissioners: DeSoto,
Bismarck, " Arcadia, Poplar Bluff, Dexter, Fredericktown,
Farmington, and Ste. Genevieve. After due deliberation
on the part of the Board of Commissioners the site offered
by the town of Farmington was selected, containing 326
acres of farming land at a cost of $20,389.90, of which
amount the citizens of Farmington contributed $6,500, as a
bonus.
Adoption of Plan. After inspecting a number of the
recently built modern institutions of similar character in
the East, and conferring with some of the leading experts of
the United States, the Board of Commissioners decided to
adopt the cottage system of construction and selected Mr.
H. H. Hohenschild, of Rolla, as their architect, upon whose
plans and under whose superintendence the institution is
being erected.
A careful investigation of the scheme of building adopted
leads me to believe that it possesses many advantages for
the treatment of insane over the old style and commonly
used contiguous or connected class of buildings. The clas-
sification of patients, the diversity of design and character of
the buildings, together with the daily exercise of the patients
in passing from the dining hall to the other buildings and
the homelike environments of such an arrangement, are a
few of the important points which commend themselves to
the casual observer. A review of the report of the commis-
sioners and the architect will give more detailed informa-
tion than I can hope to include at this time.
Buildings and Improvements. It is gratifying to me to
testify to the efficiency and business-like manner in which
the Board of Commissioners have discharged their duties and
GOVERNOR LON V. STEPHENS 431
the wisdom used in the expenditures of the appropriations.
I doubt if the State ever erected more complete and sub-
stantial buildings for a proportionate expenditure of money.
All the improvements are of a permanent character and so
planned as to permit future enlargement without necessitat-
ing the remodeling or changing of any portion of the work
done at this time. Contracts were awarded during the year
1900 for the following buildings and improvements:
For 5 two-story brick cottages
For power house and one-fourth mile brick tunnel
For installation of heating and ventilation systems, in-
cluding well, furnishing water supply and sewerage
system .
For cost of land after deducting bonus contributed by
citizens of Farmington
Making total expenditure of.
Leaving a balance of
$73,092.00
17,785.00
34,283.00
13,889 90
$139,049.90
10,950.10
After deducting from the above balance, the per diem
and necessary expenses of the Board of Commissioners and
the salary of the architect, together with the additional
cost of blasting rock in the bed of the tunnel throughout its
entire length, which is the only extra expense incurred on
this vast amount of work, there will be a balance of several
thousand dollars, which will be applied to the furnishing of
the cottages.
The cottages have been planned from a utilitarian
standpoint, which in no manner detracts from their artistic
appearance. They are of pressed brick, two stories in
height, of modern construction and contain the necessary
rooms and accessories so that each cottage will contain sixty
patients.
The power house and engine room are of sufficient
capacity to accommodate future enlargements and contain
the necessary fixtures and machinery to provide heat,
electric light and water for the plant, which are conducted
into the buildings through a brick tunnel running the dis-
tance from the power house past each building.
432 MESSAGES AND PROCLAMATIONS OF
Future Extensions. To provide this institution with
the necessary buildings to enable it to fulfill the objects of
its establishment, and to properly care for the inmates, it is
imperative that appropriations be made for the erection
and furnishing of the following buildings: Superintendent's
residence, dining hall, kitchen and storage building, laundry
building, administration building, violent insane ward
building and permanent sewerage system, requiring in all
250,000, which I recommend to be made.
MISSOURI COLONY FOR THE FEEBLE-MINDED
The Legislature of 1899 appropriated $30,000 for the
establishment of a new State institution to be known as
the Missouri Colony for the Feeble-Minded and Epileptic.
After a careful and thorough examination of the various
sites offered, the Board of Managers selected the site offered
near Marshall, in Saline county, Missouri. The site chosen
embraces 280 acres of land adjoining the city limits of
Marshall, and was donated by the people of Saline county.
The appropriation of $30,000 has been used in erecting one
cottage and building the foundation for another. (The
colony will be open for the reception of patients about
January 15, 1901.)
The act establishing the colony provides that "there
shall be furnished among other necessary structures, cottages
for dormitory and domiciliary uses, the buildings for an in-
firmary, a school-house and a chapel, workshops for the
proper teaching and productive prosecution of trades and
industries; all of which structures shall be substantial and
attractive, but plain and moderate in cost, and arranged on
the colony or village plan."
The State of Missouri has not heretofore made pro-
visions for the care and instruction of feeble-minded children,
although it is well known that there are many such in our
midst. If our population furnishes the same proportion of
feeble-minded children existing in other States in which
statistics are available, there must be over 1,000 feeble-
minded children in the State. These children can not be
GOVERNOR LON V. STEPHENS
433
taught in our public schools, and for want of the special
training suited to their capacity, they frequently degenerate
into complete imbecility or idiocy.
Sixteen of the states of the Union have for a number of
years maintained well-equipped schools for the care and
instruction of feeble-minded children. Reports of these
states prove beyond question that many of the children
who are taken in an apparently helpless mental condition,
have been brought by careful training into such condition
that they may be discharged and sent into the world with
a capacity to become self-supporting. Others, too weak
to become self-directing, may become self-supporting under
wise control and restraint in State institutions suited to
their needs. The system of training adopted is partly
manual and partly mental, but is in every case adapted to
the capacity of the single patient, the ultimate aim being
to render him self-supporting, if possible.
Other states have made provisions for the care and
education of the feeble-minded as follows:
States.
Instruc-
tors and
assist-
ants.
Pupils.
Value of
improve-
ment
and
grounds.
Expendi-
tures.
Massachusetts ...
107
647
$343 600
$76 234
New York
115
1 352
587 , 053
155,523
New Jersey
73
327
225 000
75 387
Pennsylvania
141
980
565 , 000
162 , 709
Kentucky
13
135
100,000
25,000
Ohio
89
1,096
705,870
143,231
Indiana
70
601
330,000
77 , 000
Illinois
16
725
350,000
130,000
Michigan
19
200
90,100
69,760
Minnesota
55
682
399 , 829
129 , 145
Iowa
75
816
315,915
123,104
Nebraska
20
216
150,000
25,000
Kansas
12
116
61,470
22,358
Washington . .
9
55
25,000
California ....
40
540
560,000
80,000
Wisconsin *
50
368
170,700
120,000
434 MESSAGES AND PROCLAMATIONS OF
There are also a large number of epileptics in our State
whose mental and physical condition is such that their care
devolves upon the community. Many of these unfortunates
are at present confined within our various State insane
asylums, while others are in poorhouses, and yet many
others are living in a neglected and uncared-for condition.
These patients should not be placed in our insane asylums,
as they are not in need of constant restraint. Other states
have provided separate asylums for the epileptic, finding
that the special care, which may be devoted to them in a
separate institution, produces better results than are attain-
able when they are placed in asylums with other insane
patients.
The European nations have long recognized the fact
that restraint of the defective and imbecile classes is neces-
sary to the protection of society. There are authentic
records in France which give the criminal history of four
generations of a single family. The mother of this family
was an insane epileptic, and her progeny through four
generations were insane, idiotic, imbecile, or criminal.
The actual money cost to the French government on account
of this single family was no less a sum than one and one-
fourth million dollars.
The only justification for the expenditure of the public-
money is the conservation of the public good; therefore,
in the establishment and support of this colony, public
relief is aimed at relief from the greater burden of in-
dividual care of these defectives, and also relief from the
still greater burden of idiotic, epileptic, and insane progeny
that are brought upon society by these defectives when
unrestrained. No other trait, physical or mental, is so
sure of reproduction in offspring as is this taint of feeble-
mindedness. While sometimes the causes are accidental,
the records agree that at least eighty per cent of these
degenerates are such because their parents were degenerates.
Viewed from a money point alone the cost of neglecting them
is greater than the cost of taking proper care of them.
GOVERNOR LON V. STEPHENS 43
The act of 1899 contemplates the care of both feeble-
minded children and epileptic patients by our State. The
buildings are to be arranged on the colony or village plan
thus enabling the management to house the different classes
of patients in separate buildings, and at the same time insure
better light and ventilation for the various wards, and furnisl
more certain protection against accidents by fire and othei
casualties than can be attained in a single large building.
The State of Missouri holds first rank in wealth anc
population. It is the only State of the first rank that has
not already made some provision for the special care of botl:
feeble-minded and epileptic patients. The Legislature oj
1899 has made an initial appropriation, and the work mappec
out by the act has been well performed. The one cottage
completed, however, will house only a few patients. Ir
order to place the colony in a position to accommodate
those who are already asking admittance, at least ten ne^
cottages of similar size would be required at once. Of these
cottages one is needed as an infirmary, one for use as
schoolhouse and chapel, one as an administration building,
and the remainder as dormitories.
Suitable provisions should be made at once for the
proper care of these two classes of unfortunate people, whc
have hitherto in our State been a burden to themselves anc
to society, without hope of relief. The subject is worth}
the attention of the statesmen and legislators. The measure
commends itself as wise and prudent, as economical, as just
and as humane.
STATE FAIR
The State Fair, established by an act of the Fortietl
General Assembly, the location and management of whicl
was charged to the State Board of Agriculture, is an in
stitution worthy of liberal support and to which I would cal
your most careful attention.
The Board of Agriculture, after an inspection of th<
sites offered and a careful examination of all propositions
submitted by the several cities, located the State Fair on '<
436 MESSAGES AND PROCLAMATIONS OF
tract of one hundred and sixty acres adjacent to the City of
Sedalia, of which one hundred and thirty-six acres, con-
stituting the Fair Grounds, is conveyed directly to the State,
and the remaining twenty-four acres is held in trust to be
sold for the benefit of the State Fair Fund.
In making this location, the Board was largely governed
by the central location of Sedalia, her splendid railroad
communication with all parts of this and adjacent states,
her greater population than that of competing cities, her
electric railroad and two steam railroads running directly
into the grounds, assuming ample facilities for handling an
immense number of visitors, and conveniences in trans-
portation of freight, a guarantee secured by bond that water
mains and electric wires for light and power would be ex-
tended into the grounds, and by the beauty and adaptability
of the tract offered for Fair purposes. It is estimated the
value of the property, privileges and the interests secured
to the State through the proposition made by the people of
Sedalia and accepted by the Board, will exceed forty
thousand dollars, which accrues to the State without other
consideration than the permanent location and mainte-
nance of the State Fair at that point.
The Board of Agriculture organized as a board of
directors of the State Fair by electing Norman J. Colman,
president; N. H. Gentry, vice-president; J. R. Rippey,
secretary, and Chas. W. McAninch, treasurer. A State
Fair Executive Committee, consisting of Messrs. Colman,
Gentry, Maitland, Ellis, and Rippey, was placed in charge
of matters pertaining to the State Fair grounds and the
improvements to be made thereon.
The directory had at its disposal for equipment of
grounds on the first day of January, 1900, $8,226 that had
accumulated in the Treasury to the credit of the Horse
Breeders' Fund and $425 in the State Fair Fund. During
the year 1900 the revenues arising from the amended
Breeders' bill amounted to $8,986, making a total fund avail-
able for State Fair purposes of $17,637.
GOVERNOR LON V. STEPHENS 437
It was evident that this fund was wholly Inadequate to
equip the grounds for State Fair purposes and that an ex-
hibition of the State's products must wait until other funds
were available with which to make improvements absolutely
necessary.
But the committee, not discouraged, proceeded to ex-
pend the funds on hand in equipment of the grounds, and
to the best possible advantage. Every precaution was taken
to avoid mistakes and unnecessary expenditures. N. II.
Gentry was selected as superintendent of grounds and con-
struction of buildings. A civil engineer was employed to
make a topographical survey of the grounds and locate and
lay out the speed track. A competent architect was em-
ployed to draw plans and estimate cost of buildings. Geo.
E. Kessler of Kansas City, landscape architect and engineer,
was employed to draw plans and specifications for laying out,
grading and otherwise improving and beautifying the
grounds.
Four thousand dollars has been expended in grading the
speed track. One barn has been erected for speed horses at
a cost of $1,850, another for exhibition horses, costing $4,400,
and a cattle barn costing $3,540. These buildings were
planned after examination of like buildings on other State
Fair grounds and are well suited for the purposes intended.
But what has been done is but a step toward proper equip-
ment of a State Fair. The completion of the track, the
erection of an amphitheater, additional stables for horses
and cattle, sheep and swine pens, poultry and dairy build-
ings are among the necessities that must be provided for.
Other states, some of which are not so populous as
Missouri, and without her abundant sources of revenue,
have found it profitable to establish and equip State Fairs
costing from $300,000 to $500,000. These institutions,
after being fully improved, are found to be self-supporting
and are an encouragement and an advantage to industrial
interests that would not now be dispensed with.
Missouri, with her superior herds of live stock, her
varied agricultural, mineral and manufacturing interests
438 MESSAGES AND PROCLAMATIONS OF
will be no exception to this rule. An exploitation of her
industries, of the versatility of her soil, and her unlimited
resources will command the admiration of her people and
attract the attention of capital, intelligent home-seekers
and of purchasers of the products of our factories, our
breeding establishments and our farm products from abroad.
A liberal appropriation by the Forty-first General
Assembly is absolutely essential to an exhibition in 1901, and
without such an exhibition, under the terms of the act
establishing the fair, the realty and the improvements
thereon will revert to the donor. Liberal appropriations
that will enable the directory to erect substantial structures
means permanent improvements that will stand for the use
of the people of the State for generations to come, while a
limited fund will result in temporary buildings that must be
frequently renewed and are always discreditable.
The great industrial interests of this State may very
justly demand the same recognition and encouragement
accorded like interests in other states. Our farmers and
live stock breeders, world-leaders in their profession, rep-
resenting a high type of citizenship, reliable contributors
to the State's revenues; patiently sharing the burdens of
taxation, while asking but few favors, should be remembered
in the creditable equipment of this institution. The superi-
ority of our herds, the high character and notable achieve-
ments of our live stock breeders and the excellence and
almost unlimited variety of our agricultural products would
be the pride of every Missourian when collected and placed
upon annual exhibition. There can be no satisfactory
reason why Missouri should not do for these material
interests what other states have done for theirs. Your
attention is invited to this institution, confidently relying
upon your loyalty and devotion to the State's interest, for
favorable and judicious action.
In this connection I will suggest that the State build-
ings erected at St. Louis World's Fair be so constructed of
steel and planned as to be taken apart after the fair is over
and be shipped to Sedalia for re-erection on State Fair
GOVERNOR LON V. STEPHENS 439
grounds, and that the law providing for the State exhibits
at World's Fair provide that they be sent also to Sedalia
for our State Fair.
STATE FRUIT EXPERIMENT STATION
Another of the varied products of Missouri is the fruit
industry. Not many years ago fruits were regarded as
little more than a luxury, now they are fast becoming a
necessity and can be found on every man's table in some
form as an article of daily diet.
During the past few years Missouri fruits have attracted
the attention of the world by our heavy export trade and
the numerous prizes awarded at the different expositions
and World's Fairs. The fruit product has become an im-
portant factor in the commerce of Missouri and the industry
has grown to such immense proportions that it requires
official notice. The last Legislature for good and sufficient
reasons enacted a law establishing a State Fruit Experiment
Station, to be located in South Missouii, and under the
provisions of that law I appointed three disinterested
commissioners from other parts of the State, who after care-
ful investigation of the advantages of many different places,
located the Experiment Station at Mountain Grove, Wright
county. The people there donated and deeded to the
State a beautiful and appropriate farm of 190 acres, upon
which the State, under the supervision of the trustees and
manager of the institution, has erected two elegant frame
cottages for the use of the manager and foreman, and one
splendid experiment building of pressed brick; planted more
than twenty acres of various kinds of fruits, and other im-
provements all at a very nominal outlay.
This is the only exclusive fruit experiment station in
the United States and its possibilities and future prosperity
are of incalculable benefit to the prosperity of Missouri.
It is a well known fact that home owners are always
the best citizens, and that fruit growers are intelligent,
moral, peaceful and patriotic.
440 MESSAGES AND PROCLAMATIONS OF
This institution has made commendable progress under
the fostering care of the present administration, and with
the meager amount of State funds at its command has done
well; however, it deserves and should have at the hands of
the Forty-first General Assembly a good appropriation
for its support and maintenance.
Appropriations for this institution unlike other in-
stitutions should be regarded as an investment for the reason
that it makes direct returns therefor by adding to the wealth
of the State as a result of its experiments and investigations;
by searching out new varieties of fruits adapted to this
latitude; by improving on the ones we have, and encourag-
ing their growth.
The State Fruit Experiment Station is destined to make
horticulture easy and profitable, thereby converting the
rocky hills, sterile ridges and thin lands of the Ozark Range
into happy homes, and the country now largely covered
with scrubby timber will be one immense orchard, support-
ing thousand of happy families and can of truth be called
the land of the "Big Red Apple, the Yellow Peach and the
Luscious Pear."
FRANCHISE TAXATION
The objection to the payment of franchise taxes, as
usually made, is that the corporations whose franchises are
proposed to be taxed, have, within the limits of the taxing
State certain tangible property, and that said tangible
property must be valued as other like property; that upon
such valuation alone can taxes be assessed and levied against
corporate assets. But as has been well pointed out by the
courts, the existence of intangible property is wholly ignored
by this plea of the corporations, or, at least, they deny the
liability of this intangible property to taxation. It has
been well said, "In the complex civilization of today, a large
portion of the wealth of a community consists in intangible
property, and there is nothing in the nature of things, or
in the limitations of the Federal Constitution which re-
GOVERNOR LON V. STEPHENS 441
strains a state from taxing at its real value said intangible
property. * * * It matter? not in what this in-
tangible property consists, whether privileges, corporate
franchises, contracts or obligations. It is enough that it is
property, which, though intangible, exists; it has value,
produces income, and passes current in the markets of the
world. To ignore this intangible property, or to hold that
it is not subject to taxation at its accepted value, is to
eliminate from the reach of the taxing power a large por-
tion of the wealth of the country. Now whenever separate
articles of tangible property are joined together, not simply
by a unity of ownership, but in a unity of use, there is not
infrequently developed a property, intangible though it may
be, which in value exceeds the aggregate of the value of the
separate pieces of tangible property." To illustrate: Sup-
pose a street car system in a city yields six per cent on texi
millions of dollars of stock and bonds. Then the value of
the stock and bonds would be at least par. And, suppose
that the corporate, real and personal, tangible property of
said corporation, consisting of the track, the trolley wires,
the poles, power houses, etc., etc., was not worth to exceed
four millions. Deducting the value of the tangible cor-
porate real and personal property from the value of the
property, in its unity of use as a street car system, there
remains an income producing value of six millions of dollars,
which, it is true, is intangible, but nevertheless yields a
revenue; and this illustrates the proposition that in the
unity of use of certain classes of property there is not in-
frequently developed a property, intangible though it be,
which in value exceeds the aggregate of the value of the
separate pieces of tangible property. If in the instance
above supposed, the six millions of dollars of intangible
value belonging to the street car company pays dividends,
it certainly should be taxed, for whatever pays dividends
should pay taxes, and whatever property is worth for
purposes of income and sale, it should be worth for the
purpose of taxation.
442 MESSAGES AND PROCLAMATIONS OF
At this day to say that there can be no such intangible
property as above mentioned, and that it is something of no
value, is to insult the common intelligence of every man.
These facts being so, it remains to determine whether or not
this class of intangible property is subject to taxation by the
laws of Missouri.
OUR CONSTITUTION AUTHORIZES FRANCHISE TAXATION
Section 4, Article X of the Constitution of Missouri,
provides that "All property subject to taxation shall be
taxed in proportion to its value."
Section 6, Article X of the Constitution, exempts
certain classes of property from taxation, such as that of
the State, counties and municipal corporations, cemeteries
and lots in incorporated cities or towns, or within one mile
of the limits thereof, to the extent of one acre, and lots
one mile or more distant from such cities, or towns to the
extent of five acres, with the buildings thereon, when the
same are used exclusively for religious worship, for schools
or for purposes purely charitable, and also such other prop-
erty, real or personal, as may be used exclusively for agri-
cultural or horticultural societies.
Section 7, Article X of the Constitution provides, "All
laws exempting property from taxation other than the
property above enumerated, shall be void/'
Section 2, Article X of said Constitution, provides the
power to tax corporations and corporate property shall not
be surrendered or suspended by act of the General Assembly;
and section 21 of Article X provides that nothing contained
in this section shall be construed to prohibit the General
Assembly from levying a further tax on the franchises of
such corporations.
I refer to these general provisions of the organic law to
show that in the absence of special exemption in the Con-
stitution itself, every class of property in Missouri is subject
to taxation. This being so, the only question remaining is
whether or not provision has been made by the General
GOVERNOR LON V. STEPHENS 443
Assembly for the method of assessing the tax and enforcing
the collection thereof.
STATUTORY PROVISIONS
Section 9118, R. S., 1899, provides, "For the support
of the government of the State, payment of the public debt,
and the advancement of the public interest, taxes shall be
levied on all property, real and personal, except as stated
in the next section."
The next section, referred to, simply quotes the con-
stitutional exemptions heretofore noted. It has been claimed
by creditable legal authority that under this statute, and the
provisions of the Constitution, the class of intangible prop-
erty known as corporate franchises, is subjected to taxation;
but the method for ascertaining these values, and the dis-
tribution of said values among the different counties, cities
or municipalities of the State, is left somewhat in doubt by
the present provisions of the revenue law, and I deem it
wise to suggest that the General Assembly enact laws sub-
jecting specifically the different classes of franchises of the
various corporations in this State to the payment of taxes,
and provide specific methods for the enforcement thereof.
ALL FRANCHISES SHOULD BE TAXED
All corporations should pay a franchise tax upon busi-
ness transacted in Missouri, without reference to the place
of their organization, and most certainly no distinction or
discrimination should be made against our own corpora-
tions in favor of foreign corporations in that regard. But
in framing legislation for the taxation of these intangible
values it should be borne in mind "that the essentials of a
system of taxation are considered to be the collection of the
necessary revenue for the State, at the smallest possible
expense consistent with an equal and fair distribution of the
burden. The interests of the people require a method of
taxation at once equitable, effective and free from unneces-
sary oppression, one which will yield the requisite revenue,
444 MESSAGES AND PROCLAMATIONS OF
while subjecting them as little as possible to inquisitorial vex-
ation, and which should be attended with the least expense for
official services, and the fewest temptations to fraud, con-
cealment and evasion." It is true that scarcely a single
method of assessment of taxation is free from adverse
criticism, and that in the light of the experience of centuries
very few known general principles are fully and satisfactorily
settled while bitter controversies arise upon apparently the
most simple questions, and are waged with vigor and avidity
as to matters both of substance and administration, as well
on the most trivial as on vital points. But it is now well
known that franchises are property, and should be taxed
by some method in proportion to their value. But as the
equality of taxation is the justice of taxation, care should
be exercised in the levy of assessments, and collection of
taxes against this class as well as all other classes of property
whether belonging to a corporation or to individuals.
DIFFERENT LAWS FOR DIFFERENT CLASSES OF FRANCHISES
It is obvious at a glance that the various classes of
corporations possess different kinds of franchises, and this
necessarily leads to the deduction that different methods of
taxation for the franchises of the several kinds of corporate
intangible property must be devised. If the corporate
business is one of which the corporation has, as a public
service agency, a substantial monopoly, a much heavier
franchise tax could be readily paid than if the corporate
business was one open to free competition between corpora-
tions and individuals, and in respect of which corporations
would enjoy no special privileges or advantages.
To illustrate: A given tax on the corporate franchises
of a street railway company, having a practical monopoly
of the transportation facilities of a city, might be just, yet
the same tax on a trading company, in the same city, with
which everyone might compete, would at once operate to
the disadvantage of the commercial corporation. These
are matters to be considered in enacting laws for the taxa-
tion of corporate franchises.
GOVERNOR LON V. STEPHENS 445
CORPORATIONS DOING INTERSTATE COMMERCE BUSINESS
There are also embarrassing legal questions that must
be carefully looked after in the framing of laws for the
taxation of franchises of corporations; and this is true par-
ticularly in dealing with the question of taxing the fran-
chises of corporations, and of levying of taxes upon the capi-
tal stock thereof, which are engaged in interstate commerce
business, and in this class of corporate franchise taxation
care must be taken to avoid an unwarrantable regulation
of interstate commerce, in order to prevent clashing with
the Federal Constitution. It is apparent at a glance that
a large number of the most valuable franchises in any pop-
ulous State will belong to corporations doing an interstate
business.
The line of decisions on this question may be divided
into two general groups: first, those in which a State law
has been set aside as an unwarrantable regulation of com-
merce; and, second, those which uphold the legislation, not-
withstanding it may have had an incidental effect or in-
fluence upon that commerce. Those in the first group may
be considered instances in which a State imposes a burden
upon the citizens of other states doing business with its
territory from which its own citizens are exempt. Like-
wise the nature of the subjects upon which a tax is levied is
sometimes sufficient to cover it with the cloak of Federal
authority and protection, as where the State passes a law
taxing freight transported over a railway without regard
to whether it is carried beyond the State limits or not.
The transportation of freight is a constituent part of com-
merce itself, demanding one uniform system of regulation,
being national in its character, and is exclusively within the
regulating control of Congress. Transportation of pas-
sengers or merchandise through a State or from one State
to another is of a like nature. Also, a tax may be within
the ban of Federal inhibition by reason of being a tax upon
a business itself directly or upon its earnings, methods or
446 MESSAGES AND PROCLAMATIONS OF
agencies and which in their nature of an interstate commerce
character.
In the second group are the cases that uphold the State
tax upon the theory that the power to license is a police
power, although it may also be exercised for the purpose
of raising revenue.
Accordingly a statute has been held valid which imposed
a tax upon the corporate franchise or business of every cor-
poration or joint stock association incorporated or organized
by the law of the taxing State or of any other State but doing
business in the State levying the tax, and which said tax
was computed by a percentage upon the whole capital stock
of the corporation.
TO WHAT EXTENT FRANCHISES OF INTERSTATE COMMERCE
CORPORATIONS ARE TAXABLE
In the matter of taxing the franchises of corporations
engaged in interstate commerce business, the question to
what extent the intangible corporate franchises or privileges
are subject to state revenue laws, has been before the Federal
Supreme Court, and the lines marked out for State legisla-
tion by that great tribunal must be strictly followed in the
imposition of taxes in the framing of any law hoped to be
effective. To illustrate, the State of Massachusetts im-
posed a tax upon the Western Union Telegraph Company
upon its property owned and used within the State, the value
of which was ascertained by comparing the length of its
lines within that State with the length of its entire line.
The Federal Supreme Court declared the tax to be distinctly
an excise law and upheld it; the tax was levied upon the
capital stock of the company.
It would be well to remember in consideration of the
question of the taxation of franchises that "the right or
privilege of a franchise, as it may be termed, of being a
corporation is of great value to its members and is consid-
ered as property, separate and distinct from the property
which the corporation itself may acquire."
GOVERNOR LON V. STEPHENS 447
The organic law of this State recognizes this franchise
or privilege of being a corporation as property and makes it
subject to special taxation.
In this connection, and upon the right to tax the fran-
chises of foreign and domestic corporations, the utterance
of the Federal Supreme Court will be interesting. With
reference to this right of the state, that court said, "A state
may impose a tax upon a corporation as an entity existing
under its laws as well as upon the capital stock of the cor-
poration and its separate corporate property. And the
manner in which its value shall be assessed and the rate of
taxation, however arbitrary and capricious, are mere mat-
ters of legislative discretion; except we may add, as that
discretion is controlled by the organic law of the state. * * *
It is not for us to suggest in any case that a more equitable
mode of assessment or rate of taxation might be adopted
than the one prescribed by the Legislature of the state;
our only concern is with the validity of the tax; all else lies
beyond the domain of our jurisdiction. The granting of
the rights or privileges which constitute the franchise of a
corporation being a matter resting entirely within the con-
trol of the Legislature, to be exercised in its good pleasure,
it may be accompanied with any such conditions as the
Legislature may deem most suitable to the public interests
and policy. It may impose as a condition to the grant, as
well as also to its continued exercise, the payment of a
specific sum to the state each year out of the profits or gross
receipts of the corporation, and may prescribe such mode
in which the same shall be ascertained as may be deemed
convenient and just. There is no constitutional inhibition
against the Legislature taking any mode to arrive at the
sum, which it will exact as a condition to the protection of
the corporation and for its continued existence. There
can be, therefore, no possible objection to the validity
of the taxes prescribed by the statutes of a state so far as it
relates to its own corporations. Nor can there be any
greater objection to the same tax upon a foreign corpora-
tion doing business by its permission, within the State. As
448 MESSAGES AND PROCLAMATIONS OF
to the foreign corporation and all corporations in states
other than the state of its creation are deemed to be foreign
corporations it can not claim the right to do business in
another state to any extent unless subject to the conditions
imposed by its laws. A state may exclude a foreign corpo-
ration entirely; it may restrict its business to particular
localities and it may exact such security for the performance
of its contracts with her citizens as in its judgment will best
promote the public interests.
Only two exceptions to this right of exclusion are recog-
nized; first, that a state can not exclude from its limits a
corporation engaged in interstate and foreign commerce;
the second exception is where a corporation is in the employ
of the general government. Having, therefore, the absolute
power, subject to the above exceptions, of excluding a for-
eign corporation, a state may impose such conditions upon
permitting a corporation to do business within its limits as
it may judge expedient; and it may take a grant of privileges,
dependent upon the payment of a specific license tax, or a
sum proportionate to the amount of its capital. No cor-
poration can call in question the validity of any exaction
which a state may require for the grant of its privileges. It
does not lie in any foreign corporation to complain that it is
subjected to the same law with the domestic corporation."
TAX ON THE WHOLE CAPITAL STOCK
If the amount of the taxes upon the corporation, where
it does interstate business, is estimated according to the
business or capital without the state, it might in some in-
stances work a hardship, but the remedy would be that the
tax upon a foreign corporation doing business in the state
could be estimated upon only the capital employed within
the state.
The capital stock of a foreign corporation doing busi-
ness within this state is a proper subject of taxation in Mis-
souri; provided, that the basis of assessment is not whole
of the stock, but only that which stands for the amount of
GOVERNOR LON V. STEPHENS 449
property owned and operated in our State and the Federal
Supreme Court has decided that a state may impose taxes
upon a foreign corporation existing as an entity under our
laws, as well as upon its capital stock or its special corporate
property.
TWO LEGAL MEANINGS OF WORD "FRANCHISE"
In some states, the word "franchise" is used in two
distinct senses: first, a franchise that is taxed as property
for the privilege enjoyed by a corporation to exercise certain
powers derived from the State; and, second, a franchise
which is the mere right to exist in corporate form, without
reference to the powers that under that corporate form the
company may exercise; and some of the states have taxed
both of these so-called franchises, and the latter franchise
tax is in substance a poll tax, levied upon a domestic corpo-
ration for the right to be or exist. Such a tax is not upon
property or assets, and does not in any way concern the
nature of the business the company may be authorized to
carry on. This class of taxation has been approved by the
Federal Supreme Court, and that court has said: "The
state may impose taxes upon a corporation as an entity
existing under its laws, as well as upon its capital stock, or
its separate corporate property."
METHODS OF LEGAL FRANCHISE TAXATION
Thus far I have dealt with general principles, but these
principles must be applied to bring practical results, and
perhaps it may not be inappropriate to offer a few sugges-
tions along the lines of practical legislative enactments.
Franchise taxation is often fixed by a standard which
suggests the question whether in fact the tax is not really
on the corporate property which might not always be valid.
Therefore, the phraseology of the statute levying this class
of tax is obviously of the highest importance. A brief study
of the tax systems of the various states and countries de-
signed to reach the intangible values, and subject the same
15
450 MESSAGES AND PROCLAMATIONS OF
to their proper proportion of the tax burden readily reveals
that franchise taxes are levied in many different ways. On
some classes of corporations it is levied by a tax on the per-
centage of the capital stock paid in. This kind of a tax
law has been upheld in Massachusetts, and by the Federal
Supreme Court. And a tax measured by the excess of the
market value of all the corporate stock over and above the
property otherwise taxable, has been held to be a franchise
and not a property tax. Likewise, a tax on life insurance
companies, measured by the value of policies in force, is
held to be a franchise tax. A tax on a mining company
measured by the product mined, has been sustained; also
a tax on net earnings. And a tax on the capital stock, as
such, and a tax measured by dividends, have each been
held to be a franchise tax, and valid. A franchise tax
measured by dividends may be imposed, and may be ad-
justed to dividends made above a certain percentage.
SEPARATE FRANCHISE VALUE FIXED
Again, in another class of corporations, it is sometimes
attempted to fix the value of the franchise absolutely sepa-
rate from the tangible corporate property. If this is done,
it is better to establish some rule of law to be followed in
ascertaining the value.
In some of the states the market value of shares of
stocks and bonds, with the tangible, corporate, real and
personal property deducted, is deemed to be the value of
the franchise. This class of legislation would apply to
water and light companies, and gas companies of this State,
and perhaps the street car companies, and other similar
corporations. To illustrate: If a gas company has corpo-
rate shares of stocks and bonds outstanding, at a market
value of fifteen millions of dollars, and the corporate tangi-
ble real and personal property is worth five millions, then
deducting the value of the real and personal corporate
property, five millions, from the market value of the stocks
and bonds fifteen millions would leave the franchise
GOVERNOR LON V. STEPHENS 451
value of ten millions, to be assessed. If the class of corpo-
rate property that happened to be assessed in this way
should be a street car line extending from one city through
and into other cities or towns, then this franchise value
could readily be apportioned upon a mileage basis, giving
to each town or county, as the case might be, its propor-
tionate share of the franchise value, based upon the mileage
within the respective territorial limits of the county or city
or municipality.
TWO GENERAL CLASSES OF FRANCHISE USING CORPORATIONS
Perhaps the most natural division of franchise using
corporations is into those, first, of a public service character,
such as gas, water, telegraph, telephone, steam and street
railroad companies, light and power companies; second,
those not of a public service character strictly, such as
banks, savings banks, institutions for savings, trust com-
panies, insurance companies, etc., etc.
TRANSPORTATION AND TRANSMISSION COMPANIES
All such corporations as telegraph, telephone, steam
surface and elevated street or electric railroads, steam
heat, express, ferry, navigation, palace and sleeping cars,
fast freight, refrigerator and palace stock car companies,
might be taxed for exercising their corporate franchises
in carrying on business in Missouri, by the levy of an excise
or license tax, equal to a certain per cent, of their gross
earnings from their transportation or transmission business
originating and terminating within this State, but excluding
earnings derived from a business of an interstate character.
This character of law would reach most of the larger fran-
chise using corporations of the State. Gas, water works,
heating, lighting f and power companies might have an excise
tax levied on their gross earnings, and a tax on a per cent,
on dividends declared, or made on paid up capital stocks
above a certain amount.
452 MESSAGES AND PROCLAMATIONS OF
GENERAL FRANCHISE LAW
A general statute providing that every corporation,
joint stock company or association organized under the
laws of Missouri shall pay into the State Treasury an annual
excise or franchise tax computed upon the amount of its
capital stock within our State, at a given rate for each per
cent, of dividends declared or made upon its capital stock
each year, fixing an adjustable scale to be applied to those
corporations declaring or earning dividends above or below
a certain per cent, on the par value of their stock; and in
cases where no dividend is made, fixing a certain rate upon
the appraised capital employed within the State, and
attaching to said enactment a provision that all foreign
corporations exercising their corporate franchises in Mis-
souri shall pay a like tax for the privilege of carrying on
their business, computed upon the basis of the capital em-
ployed in the State, and then section exempting all corpo-
rations having a special statute for the taxation of their
franchises from the provisions of this general enactment,
would give a system that would practically reach all of the
valuable intangible property of the corporations doing busi-
ness in Missouri.
TELEGRAPH AND TELEPHONE FRANCHISES
It should be borne in mind that the franchises of tele-
graph and express companies are required to be taxed by
section 9387, R. S. 1899; and that the State Board of
Equalization has assessed the franchises of telegraph com-
panies. There are many hundreds of miles of telephone
lines in Missouri, however, that are untaxed, as I believe,
at this time, and at least the franchises of said corporations
are untaxed because no specific mode for the assessment
and collection of such tax from these companies has been
provided by the statutes.
GOVERNOR LON V. STEPHENS 453
RAILROAD COMPANIES
The difficulties of assessing lines of railroads which
extend through many municipalities and many states in
the same way that the property in general is assessed, are
so great and apparent that in many states it is not at-
tempted to assess them as other property is assessed, and a
simple franchise tax is imposed as a substitute for other
taxation. But in other states a railroad is listed, assessed
and valued as an entirety, and the value then apportioned
for taxation between the several municipalities by some
standard prescribed by law, which generally is the length
of line within the municipalities respectively. It has been
said: "There is no constitutional objection to that method
of taxing this species of property, and it is perhaps more just
than any other." Our own Supreme Court, in 55 Mo. 378,
distinctly laid down the above proposition, that an appor-
tionment of the value of railroad property in the various
counties or municipalities in this State, according to the
length of line in each, which apportionment should be based
upon the value of the entire property, was a perfectly fair
and constitutional method of assessment. The Constitu-
tion of this State, section 5, article 10, provides that "All
railroad corporations in this State, or doing business therein,
shall be subject to taxation for State, county, school, munici-
pal and other purposes on the real and personal property
owned or used by them, and on their gross earnings, their
net earnings, their franchises, and their capital stock."
It will be seen that the framers of the Constitution and
the people in adopting that instrument, intended that the
fullest latitude should be given the General Assembly in
its power to levy taxes upon the great franchise using rail-
road corporations of the State. This power, however,
should not be abused, so as to result in discrimination against
this class of property, and I have no reason to believe that
it will be. On the other hand, the railroad corporations
of this State should pay on a fair valuation of their property.
I do not say that they have not borne their share in pro-
454 MESSAGES AND PROCLAMATIONS OF
portion to the taxes paid by other classes of property, but
I do say that the railroads, as between themselves, should
be so taxed as that the taxation will be uniform upon similar
classes of property.
The method of assessing railroad property by ascer-
taining the entire value of the whole road, and then appor-
tioning it upon a mileage basis to each state, in proportion
to the number of miles in each commonwealth, has been
sustained by the highest court of the land, and as above
indicated, our Supreme Court has said that the apportion-
ment of the value of the road bed of the railroad, according
to the ratio the number of miles assessed should bear to the
whole railroad, is a uniform and just manner of making the
assessment. It is well known that "the value of the road-
way at any given time is not the original, nor 'a fortioro,*
its ultimate cost after years of expenditure in repairs and
improvements. On the other hand, its value can not be
determined by ascertaining the value of the land included
in the road-way assessed at the market price of adjacent
lands, and adding the value of the cross-ties, rails and spikes.
The value of land depends largely upon the use to which
it can be put and the character of the improvements upon it.
The assessable value for taxation of a railroad track can
only be determined by looking at the elements on which the
financial condition of the company depends, its traffic, as
evidenced by the rolling stock, the gross earnings, in con-
nection with its capital stock. No local estimate of the
fraction in one county of a railroad track running through
several counties can be based upon sufficient data to make
it at all reliable, unless, indeed, the local assessors are fur-
nished with the means for estimating the value of the
whole road."
It is apparent that this method of assessing a railroad
corporation upon the mileage basis includes the assessment
of all its corporate franchises, and the distribution thereof
uniformly over the entire system. This brings equality of
taxation, and therefore it brings justice of taxation.
GOVERNOR LON V. STEPHENS 455
The State of Pennsylvania devised a taxing system,
with reference to taxation of sleeping cars, which very
fairly illustrates the principle upon which a foreign trans-
portation company transacting its business into and through
our State, may be equitably taxed, and such method upheld
by the courts. The principle announced by that tax sys-
tem, and sustained in the court, was that the State may tax
the cars of a foreign sleeping car company employed in
interstate commerce, and run into and through a state, and
may ascertain the proportion of the property of such com-
pany upon which a tax should be placed by taking as a basis
of assessment such proportion of the capital stock of the
company as the number of miles over which it runs its cars
within the State bears to the whole number of miles in that
and other states over which its cars are run. It will be
noticed that this method of taxation contemplates a valua-
tion of the property and franchises of a corporation, con-
sidered as a unity in use, and then distributes that value
upon a mileage basis in the state imposing the tax, and as
the total value of the entire corporate property includes the
value of all corporate franchises it may possess, this method,
it will be readily seen, taxes on an absolute basis of equality
the value of the franchise in the taxing state.
FOREIGN FREIGHT CAR COMPANIES
1 wish to call the attention of the General Assembly to
the fact that a statute enacted for the taxation of foreign
freight car companies operating independently from the
railroad companies, was sustained by our Supreme Court in
all its parts except as to the rate of taxation, which the court
held to be in excess of the constitutional limit, and therefore
inoperative, and I suggest that proper legislation be had to
correct this defect in the law, in order that it may be en-
forced, and the fast freight lines, refrigerator and palace
car companies doing business in, through and out of our
State be taxed on their property in proportion to its value.
Perhaps my remarks have been somewhat general on
this question, and more extended than I might have wished,
456 MESSAGES AND PROCLAMATIONS OF
but the apology for the number of suggestions made is the
importance of the subject, and in conclusion I would say
that it will be found, on investigation, that most of the sug-
gestions incorporated herein have been tried, and will be
found imbedded in the tax systems of our sister states.
Many of the largest corporations of this and other great
states are those whose business extends from one state into
many others, and it has long been a difficult problem as to
how to fairly and equally tax such corporate interests so
that the same might bear their just proportion of the taxes
for the protection they receive, and be placed upon a plane
of absolute equality in taxation matters with the individual
and domestic corporations.
I beg to say, in these taxation matters, it is well to
remember that it is perhaps unwise to trust too far to a
theory upon which no light has been thrown by experience,
and possibly it is better to follow, as far as consistent, the
beaten path where it has led to satisfactory results, rather
than mere rules which may involve us in confusion and diffi-
culties. One of the striking things that will impress a
person who investigates taxation questions is the fact that
the enforcement of tax laws are so difficult, and it is equally
obvious that a remedy for this is the proviso that the taxing
power, both to assess and to collect, should be placed in a
strong, centralized, administrative body, which shall have
full authority to correct all abuses, and prevent inequality,
and stringently enforce the laws relating to assessment of
taxes and the collection thereof. Such a body, constitution-
ally organized, is our present State Board of Equalization,
which exists under the provisions of section 18, article 10
of the State Constitution, and has by that instrument con-
ferred upon it the power to adjust and equalize the valuation
of real and personal property among the several counties
in the State, It is apparent that the fixing of the values of
corporate franchises for taxation and the enforcement and
collection of taxes thereof, should be placed in the hands of
the State authorities, and should, in my judgment, be given
GOVERNOR LON V. STEPHENS 457
alone to the elective State officials, who are directly re-
sponsible to the people for their official acts.
Of course in order for the State Board of Equalization
or any other body, in which is lodged the power to levy and
collect the class of taxes herein mentioned, to do its work
well, such body, or its authorized agents, must have com-
plete power to examine the business, books and records of
all corporations doing business in Missouri when necessary
or desirable so to do.
And aside from the mere matter of taxation some State
official or officials ought to have power to investigate the
business and records and acts of all corporations in order
that the public might be more amply protected in dealing
with them, and so that said corporations may be kept from
violating the laws of the State.
RECOMMENDATIONS
CONSTITUTIONAL CONVENTION
On coming into the office of Governor, and in my bi-
ennial message, I gave my views on the subject of a consti-
tutional convention; and now on retiring from office, I desire
in a business way and as briefly as possible to direct your
attention again to the subject.
Since uttering those views many of the able men of the
State, including lawyers and judges, have found and called
my attention to many defects and shortcomings of the pres-
ent instrument, and have convinced me that the question
of calling a constitutional convention is of sufficient im-
portance to merit your serious consideration at this time.
Referring to some of the objections which are often
discussed regarding the present instrument, my attention
has been called in the first place to the different kinds of
oaths that are administered to different officers in this State.
For instance, when a member of the Legislature comes for-
ward to be sworn, he is required to take and subscribe the
following oath or affirmation: "I do solemnly swear (or
affirm) that I will support the Constitution of the United
458 MESSAGES AND PROCLAMATIONS OF
States and of the State of Missouri, and faithfully perform
the duties of my office; and that I will not knowingly receive,
directly or indirectly, any money or other valuable thing, for
the performance or non-performance of any act or duty
pertaining to my office, other than the compensation al-
lowed by law." (Section 15, article IV, Constitution of
Missouri.) Under that section and in this language "any
member of either house refusing to take said oath or affirma-
tion, shall be deemed to have thereby vacated his office, and
any member convicted of having violated his oath or affirma-
tion, shall be deemed guilty of perjury and be forever there-
after disqualified from holding any office of trust and
profit in this State."
On the other hand, when we turn to section 6, article
XIV, of the Constitution to find the oath of office required
of other officers in this State, we find this provision: "All
officers, both civil and military, under the authority of this
State, shall, before entering upon the duties of their respec-
tive offices, take and subscribe an oath, or affirmation, to
support the Constitution of the United States and of this
State, and to demean themselves faithfully in office."
You will observe that at the end of this section there is
no statement made as to the failure of the officers therein
named to take such official oath, as in the case of a member
of either house; nor is there any provision in section 6,
article XIV, that any officer convicted of having violated
his oath, or affirmation, shall be deemed guilty of perjury.
Why this distinction? What was its object, end and
purpose? Was it because of a distrust felt by the framers
of the Constitution for the legislative branch of the govern-
ment?
The present Constitution also provides that appro-
priations shall be made in a certain order. Experience has
demonstrated that such appropriations never have been and
never can be made in that order, and consequently that pro-
vision of the Constitution is violated daily and hourly when
the Legislature is in session, and everybody knows it.
GOVERNOR LON V. STEPHENS 459
Another feature of distrust as to the popular branch of
the government, to wit, the Legislature, is shown in limiting
the time during which a revision session of the Legislature
is to be held. That, the Constitution limits to 120 days.
It is impossible, as experience has demonstrated in 1879,
in 1889, and 1899, to successfully act as a body of revisers
of a code of laws in that time.
Other shortcomings of the present Constitution call for
further commenL
As I understand, under that instrument, no man can be
punished for any crime unless it is ascertained beyond a
reasonable doubt just in what county that crime is com-
mitted. If on a railroad train, going at twenty-five to forty
miles an hour, a man is murdered during the night, though
he is seen murdered by a crowd of witnesses, the murderer
will go free unless it can be shown beyond a reasonable
doubt just within what county lines his crime was committed.
Every lawyer and court knows this to be true.
Under the present Constitution there is no existing
authority by which we can raise sufficient money by taxa-
tion to inaugurate and to build a system of macadamized
roads throughout the State, so that all these "Good Roads
Conventions" come to nothing so long as the Constitution re-
mains as it is. Their good intentions do not supply the
funds requisite for the work. Good macadamized or turn-
pike roads have been aptly termed the "farmers' railroads,"
and it is worse than the abuse of the functions of government
to tax these farmers to work dirt roads, which work is almost
or totally useless, when by a comparatively small amount
of money permanent roads could be built which would only
require a slight cost for annual repairs. This State owing
to its importance, its population, its desire to make progress
in everything material to prosperity, demands we have a
system of turnpikes so extensive and complete, that a
man could get in his wagon at Kahoka in Clark county and
drive down to Pmeville in McDonald county, without
getting off the pike road* But sueh a consummation, de-
voutly to be wished, will never be witnessed by this or any
460 MESSAGES AND PROCLAMATIONS OF
subsequent generation so long as Missouri is kept in the
swaddling clothes of an infant or in the strait-jacket of a
madman.
A provision also is needed in regard to criminal costs
in this State. The people all the time are taxed not only to
pay enormous criminal costs, but a large per cent, of those
costs are not allowed by law; and so far as the prosecuting
attorneys are concerned, each prosecuting attorney is made
judge in his own case, to pass upon the amount of his own
fees and to certify thereto. It is true, the judge of the
criminal or circuit court may revise and correct his work,
but everybody knows that this is too infrequently done.
Eminent lawyers tell me, reform is badly needed in the
judicial system in this State, and that a more cumbersome,
unwieldy judicial system does not exist in any state in this
Union.
The judges of the St. Louis Circuit Court and the SI.
Louis Court of Appeals get $5,500 per annum for their
salaries; the judges of the Supreme Court get $4,500 for
theirs; while the judges of the Kansas City Court of Ap-
peals get only $3,500 for theirs, and the circuit judges in
other cities outside of St. Louis get from $3,000 to $3,500
salary; while out in the rural districts circuit judges, who do
as much business as those in the cities, get but $2,000 per
year. Why this distinction?
Again: Frequently a judge's circuit is cut by the di-
viding line between the territory of the Kansas City Court
of Appeals and the territory of the St. Louis Court of Ap-
peals. The result is that on the west side of his circuit he
follows the rulings of the Kansas City Court of Appeals,
and on the east side of the circuit he follows the rulings of
the St. Louis Court of Appeals, although those rulings may
be diametrically opposite to each other.
The Constitution in regard to the jurisdiction of the
Supreme Court gives constant trouble, in this particular:
It provides amongst other things that the Supreme Court
shall have jurisdiction in all cases involving title to real
estate, and as to what this provision means has been a
GOVERNOR LON V. STEPHENS 461
constant bone of contention since the Constitution went into
force.
But it is unnecessary to go over in detail all the objec-
tions urged against the present instrument to which my
attention has been directed. Every amendment, and they
have been numerous and always will be numerous until the
people get the redress that they want by having a Consti-
tutional Convention called, is a confession in open court,
it seems to me, that the present instrument is insufficient,
to meet fully the demands of the people. Not that I am
willing to see any of the safeguards which the present Con-
stitution contains thrown down, but leaving them stand,
there is ample room for provisions which are as much needed
as the most conservative provisions that instrument now
contains.
It is true that amendments could be submitted to cover
such deficiencies as at present exist, but a Constitution is
very much like a coat whenever it gets so that it has to be
patched all over it would be better to get a new coat.
In the event of calling a Constitutional Convention, the
proposition of whether the people desire to hold a Constitu-
tional Convention is Lo be voted on first. Then if it is de-
cided to hold a Constitutional Convention, an election is to
be held for that Convention on the proclamation of the Gov-
ernor. Then after the Convention has done its work the
people still have a say-so as to whether that Constitution,
shall be adopted or not.
INITIATIVE AND REFERENDUM
I submit for your earnest consideration whether, either
OUT organic or statutory law should not be so amended as
to reserve directly to the people, both the power to initiate
and the right to have referred to them for their ratification,
or rejection, matters of important legislation.
It may be objected that lo apply the initiative and
referendum to every minor legislative act would be too ex-
pensive and cumbrous, In deference to such objectors
462 MESSAGES AND PROCLAMATIONS OF
and In a spirit of conservatism and caution the system
might be adopted embracing only such important acts as
involved grave interests of the people. Having thus insti-
tuted the system and put it to the test it could be extended
from time to time as wisdom and experience might dictate.
Such a method of legislation would tend largely to limit
the evil practices of boodlers and bribe-givers. They would
hesitate to spend their money corrupting the representatives
of the people if they knew that any law which they might
procure to be enacted could not become operative until the
people themselves had ratified it.
It is at least doubtful whether the system is not a
necessity to the continued existence of our free institutions.
The tendency of the times is toward a concentration of both
all wealth and all power in the hands of a favored oligarchy.
To prevent this the people themselves must hold the reins
of government. Mr. Jefferson has well said: "The further
the departure from direct and constant control by the citizens
the less has the government of the ingredient of republican-
ism/'
A NEW LIBEL LAW
The reckless and vituperative abuse of public officers,
not only in their public but in their private lives, has become
a crying evil of the times, and the passage of some law which
will protect the officer and at the same time secure Lo the
public the fullest measure of right to report the acts of
public officials, comment upon such acts and fairly criticise
them, is peculiarly demanded at this time at your hands.
Our Constitution (sec. 14, art. II) provides: "That no
law shall be passed impairing the freedom of speech; that
every person shall be free to say, write or publish whatever
he will on any subject, being responsible for all abuse of
that liberty," etc. Our statutes (sec. 2259, R. S. 1899)
define a libel as follows: "A libel is the malicious defama-
tion of a person made public by any printing, writing, sign,
picture, representation or effigy tending to provoke him to
wrath, or expose him to public hatred, contempt or ridicule
GOVERNOR LON V. STEPHENS 463
or to deprive him of the benefits of public confidence and
social intercourse or any malicious defamation made public
as aforesaid, designed to blacken and villify the memory of
one who is dead, and tending to scandalize or provoke his
surviving relatives and friends."
A half century ago, comments on government, officers
of Stafe or members of Legislatures or judges and other
public functionaries, were punished not only by private
libel suits but also by public prosecutions. Gradually the
stringency of this rule has been relaxed, so that it is now
said: "Everyone has a right to comment on matters of a
public interest and general concern, provided he does so
fairly and with an honest purpose. Such comments are
not libelous, however severe in their terms, unless they are
written intemperately and maliciously. Every citizen has
full freedom of speech on such subjects but he must not
abuse it." It has also been well said: "True criticism
differs from defamation in the following particulars: (1)
Criticism deals only with such things as invite public atten-
tion, or call for public comment. It does not follow a
public man into his private life, or pry into his domestic
concerns. (2) Criticism never attacks the individual, but
only his work. Such work may be either the policy of a
government, the action of a member of parliament, a public
entertainment, a book published, or a picture exhibited.
In every case the attack is on a man's acts, or on something,
and not upon the man himself. A true critic never indulges
in personalities, but confines himself to the merits of the
subject-matter. (3) True criticism never imputes or in-
sinuates dishonorable motives (unless justice absolutely
requires it, and then only on the clearest proof). (4) The
critic never takes advantage of the occasion, to gratify pri-
vate malice, or to attain any other object beyond the fair
discussion of matters of public interest, and the judicious
guidance of the public taste. lie will carefully examine the
production before him, and then honestly and fearlessly
state his true opinion of it*'
464 MESSAGES AND PROCLAMATIONS OF
It has also been aptly pointed out: "The distinction
can not be too clearly borne in mind between comment or
criticism and allegation of fact, such as that disgraceful
acts have been committed or discreditable language used.
It is one thing to comment upon or criticise, even with
severity, the acknowledged or proven acts of a public man,
and quite another to assert that he has been guilty of par-
ticular acts of misconduct." * * * "But all comments
must be fair and honest. Matters of public interest must
be discussed temperately. Wicked and corrupt motives
should never be wantonly assigned. And it will be no de-
fense that the writer, at the time he wrote, honestly believed
in the truth of the charges he was making, if such charges
be made recklessly, unreasonably and without any founda-
tion in fact." "Every subject has a right to comment upon
the acts of public men which concern him as a subject, if
he do not make his commentary a cloak for malice and
slander." In New York, Massachusetts and West Vir-
ginia no attack is allowed even on the public character of
any public officer, and it is no defense that the defendant
honestly believed in the truth of the charge. But even in
the other states, where an attack upon a public officer is
placed upon a different footing from a similar attack upon a
private citizen, it is the rule that the attack must be upon
the act, not upon the man, and must not be couched in
intemperate language, and must not be made a cloak for
malice or slander.
I heartily indorse the freedom of speech secured by the
Constitution and subscribe to the definition of a libel given
by our Statute, but it is imperatively necessary at this time
to enact suitable laws to adequately and swiftly curb and
punish the abuse of the privilege of free speech. Our Stat-
utes are defective or rather entirely without a prescribed
remedy in this regard:. It has become the practice and stock
in trade of some people to abuse, malign, slander, libel,
ridicule and insult every officer, not only as to his public
acts, but also in respect to his most sacred private life.
The language employed is often gross, indecent and the
GOVERNOR LON V. STEPHENS 465
most repulsive billingsgate. The old remedy of holding
the author to personal account seems to be no longer deemed
proper or available. The only remedy now provided by
law is a libel proceeding, civil or criminal, or both. The
results in such cases have not proved adequate. The com-
mon juries have not yet progressed with the enlightened
policy of the law, and the damages awarded, even when
the defendant has been adjudged guilty, have not been
sufficient to compensate the person libeled for his loss of
time and money in the prosecution of the suit, nor to punish
the libeler severely enough to deter him or others from re-
peating the offense. In fact the damages awarded have
nearly always been so absurdly small as to cause the libeler
to say that the jury found that he was guilty of libel but
they also found that the plaintiff had so little character to
lose that the jury only assessed his damages at a nominal
sum. Thus the present law is inadequate to protect the
officer or to keep libelcrs within legal bounds. If one moiety
of what has been said against public officers is true, they
should be in the penitentiary and not in office. If it is not
true, such officers have had to suffer a grievous wrong be-
cause there is no adequate remedy provided by law to
punish or deter reckless and wanton persons for untrue
and villainous attacks that have been made by those whose
souls arc so unclean and whose consciences arc so blunted
that they rejoice with ghoulish glee over the assassination
of the good names of those whom the people have chosen
for their rulers the while snarling with devilish hatred be-
cause the people, knowing their unworthiness, would not
elect them to any place of public trust or confidence. It
is such human vultures that need to be exposed and pun-
ished. I would suggest that it should be the duty of every
judge when empaneling a grand jury to call their attention
to any charges that have been published or circulated affect-
ing the acts of any public officials, whether official or private,
and to direct the grand jury to investigate such charges
and if they were found to be true to indict the officer charged
but if the charges were not found to be true, then to indict
466 MESSAGES AND PROCLAMATIONS OF
the person making the charge for libel or slander, and to
make the offense of libeling or slandering a public officer a
felony punishable by imprisonment in the penitentiary not
less than ten nor more than fifty years. This would speedily
root out unfaithful public officers, and at the same time
would put a stop to the shameless and disgraceful fashion
of the hour in some quarters of recklessly and wantonly
charging every public officer with misfeasance, malfeasance
and corruption in office, and of being an offender against
every canon of the criminal and moral laws. In this way
the freedom of speech secured by the Constitution would
be preserved to the honest, law-abiding citizens who have a
decent respect for the rights and reputation of others, while
faithless public officers would be quickly discovered and
punished, and at the same time the human ghouls in society
would be punished for their abuse of the freedom of speech,
and be put where they could not harm other people and
society in general
BANKING BUREAU
I desire to urge you again to give the matter of the
establishment of a Banking Bureau in Missouri your careful
consideration. Two or more Governors have called the
attention of the General Assemblies to the importance of
this legislation. The banking laws in Missouri as they
now stand are crude and far from perfect* Banking super-
vision, when left in the charge of a State officer, who has
already all the work he ought to be expected to do, in meet-
ing the legitimate demands upon him, can not but be of
secondary importance to him and more or less of a farce.
The Bank Commissioner to be placed at the head of this
bureau should be a trained business man, and should be
appointed by the Governor. The office should be removed
as far as possible from politics.
As I stated in my message to the Fortieth General
Assembly, in January, 1899, all expenses of the Banking
Bureau should be met by a tax, levied in proper form on the
GOVERNOR LON V. STEPHENS 467
institutions committed to the management of the Commis-
sioner. The total resources of the banks and the building
and loan associations of the State at that time were $134,-
174,453.31. An annual tax upon these resources of about
one sixty-sixth of one per cent, would raise enough revenue
to pay the following salaries of officers, and all other ex-
penses of the Bureau.
Commissioner, por annum . .
$3 000
Chief Clerk, per annum
2,000
Three bookkeepers, per annum
3,600
Three bank examiners, per annum
4,500
Two building and loan examiners, per annum
Stenographer, per annum . .
3,000
900
All other expenses
3,000
Total por annum
$20,000
There is no more reason for the Banking Department
being in the office of the Secretary of State, it matters not
how successful a business man the Secretary may be, than
for it being in the Geological Department, the Insurance
Department, or in the Penitentiary,
It is hoped by not only bankers themselves, who favor
the most rigid inspection laws, but their patrons as well, who
constitute a very large per cent, of our population, that this
General Assembly will appreciate the importance of the
suggestions coming from three or more Governors along
these lines, and will enact a proper law establishing a Bank-
ing Bureau which the Governor will place in proper hands.
To this end I invite your careful attention and en-
deavor*
BOARD OF PARDONS
I had the pleasure of recommending to your honorable
body two years ago the passage of a measure looking towards
the relief of the Governor in pardoning matters, I thought
at that time a Board should be created to examine all appli-
cations for pardon from the penitentiary, jails, workhouses,
468 MESSAGES AND PROCLAMATIONS OF
and for the remission of fines imposed; having had more
experience I am now more thoroughly convinced than ever
that such a law should be spread upon our Statutes. One
or two Governors before me have made similar recommenda-
tions, as has our "Board of Charities and Corrections."
I have endeavored to deal as patiently as my time would
permit with those presenting applications for executive
relief, but often on account of pressure of other important
matters my immediate attention could not be given to these
appeals. There are now on file in this office perhaps fifteen
hundred petitions for clemency, and it can be readily seen
that all can not be examined unless other duties of the
department are neglected. There are no doubt many meri-
torious cases among this number than should be given the
consideration they deserve, and I therefore recommend
again that. you create what is commonly known as a "Board
of Pardons," or "Board o Recommendations."
The Constitution authorizes the Governor to exercise
the pardoning power, and the passage of this measure would
not divest him of this prerogative. The Board could only
be empowered to examine into the merits and demerits of
all applications for pardons, remissions of fines and commu-
tations of sentence, and report their findings and recommen-
dations to the Executive for his consideration and action.
Such a Board as I have suggested has been established
in Maine, Minnesota, Montana, Nevada, New Hampshire,
New Jersey, New Mexico, Ohio, Pennsylvania, Utah,
Washington, Louisiana, Kansas, Illinois, Florida, Connecti-
cut, Colorado, and, if I am not mistaken, in several other
states. A bill establishing such a Board, submitted to the
last General Assembly, known as the "Miller bill," passed
the Senate almost unanimously, but lacked a few votes of
getting a constitutional majority in the House.
IMPROVEMENT OF PUBLIC ROADS
The subject of public roads how to make and maintain
them of a satisfactory and substantial character directly
GOVEKNOR LON V, STEPHENS 469
concerns every citizen of our State, and the almost universal
agitation of this question throughout the country indicates
that farmers and business men generally realize the urgent
necessity of prompt and energetic efforts for the improve-
ment of our public highways. While our Revised Statutes
contain over three hundred sections devoted to road laws,
there is a manifest lack of uniformity in their application.
The demand for a general and comprehensive system for
road-making and road improvement is so pressing as to
suggest the advisability of such legislation at this time as
will, eliminate existing contradictory provisions and indicate
a specific plan comprehensive and uniform in its application,
for the speedy betterment of the public roads. The means
now available for road construction, if systematically and
judiciously applied, would soon produce noticeable improve-
ment in the public roads throughout Missouri.
ST. LOUIS STREET RAILWAY STRIKE
Early in 1900 a dispute arose between the St. Louis
Transit Company and its employes over wages, hours of
labor and other matters, which threatened to culminate
in a strike of the employes of said company, but on March
10 an agreement was entered into which appeared to amica-
bly adjust the differences between the parties directly inter-
ested. Soon thereafter a movement was started to organize
the employes of said company into what is known as the
"Amalgamated Association of Street Car Employes of
America." Upon the refusal of the officers of the Transit
Company to comply with certain demands made by the
members of the association, chief among which was the
formal recognition of their union, a general strike was
ordered by the officers of the association on May 7,
Prior to the agreement of March 10, in accordance with
the provisions of existing arbitration laws, Labor Commis-
sioner Thomas P. Rixcy tendered Ms services as mediator
of the dispute, but was assured that the parties interested
would be able to reach a satisfactory adjustment without
470 MESSAGES AND PROCLAMATIONS OF
assistance. When the strike was declared on May 7, Mr.
Rixey again endeavored to have the differences between the
Transit Company and its employes arbitrated, but was
answered by the officers of the company that as there was
no dispute between it and its (then) present employes, it
had nothing to arbitrate. A citizens' committee, composed
of prominent business men, was formed for the purpose
of effecting a settlement of the differences between the
Transit Company and its striking employes, but did not
succeed. Approximately 3,000 street car employes were
engaged in this strike, which continued for a considerable
time. It was estimated, the company lost about one million
dollars, the employes about two hundred and fifty thousand
dollars, and the business interests of St. Louis and the
surrounding country several millions of dollars, through ob-
structed and diverted trade, not taking into consideration
the loss to the reputation of the city and the State. During
the existence of this strike considerable lawlessness prevailed,
resulting in the death of fourteen persons, the wounding
of many more and the destruction of much property. Ur-
gent and repeated appeals were made to me by the officers
of the city of St. Louis and others more or less interested
to order out the State Militia to suppress the disorder;
but believing that the police powers conferred upon the
municipal officials, if properly invoked, were fully equal to
the suppression of all lawlessness and the restoration of
peace and good order, and that military force should only
be applied as a last resort, I persistently refused to order
out the militia. The Police Board and the Sheriff, through
an increase of their forces, restored order and business
gradually assumed its normal condition. This strike demon-
strated the insufficiency of our present arbitration laws.
The general public is concerned in all disputes between
employers and their employes and this is especially true
where the employer is engaged in conducting a public utility
the interruption of which interferes with the pleasure, con-
venience or material interests of the public. The consensus
of intelligent public sentiment favors the settlement of all
GOVERNOR LON V. STEPHENS 471
such disputes between employers and their employes by
arbitration. Many of the states now have arbitration
boards whose efforts appear to result very satisfactorily to
all concerned.
Your attention is respectfully directed to this subject
with the confident belief that you will give it such consider-
ation as its importance merits.
BOARD OF EMBALMING
Commencing with the May meeting, 1897, of the State
Board of Embalming, 163 licenses have been granted under-
takers to practice the art of embalming, and to this date
there are altogether in the State 327 embalmers of good
standing.
In the month of January, 1898, the Board met with the
State Board of Health, and after conferring and investi-
gating the probable advantages that a co-operation of the
two Boards would be to the good of the public health, they
agreed to a joint shipping paster and adopted the rules of
the State Board of Health and the American Association of
General Baggage Agents for the transportation of the dead.
This Board has been conducive to much good by practi-
cally running quack embalmers out of business, and it is
hoped their splendid work will receive encouragement at
your hands.
BOARD OF EXAMINERS OF BARBERS
During the Fortieth General Assembly you created by
enactment a Board of Examiners for Barbers, and in accord-
ance therewith I appointed three representative barbers
members of that Board, who qualified on August 26, 1899.
From that date until January 1, 1900, there were issued in
St. Louis, Kansas City and St. Joseph 2,440 licenses, and
from January 1, 1900, 'to December 1, 1900, there were
issued in said cities 2,108 licenses.
The Board reports that the efficiency and workmanship
of barbers throughout these cities have improved to a
472 MESSAGES AND PBOGLAMATIONS OF
marked degree, and as this is strictly a sanitary measure,
and designed to serve the best interests of the people, it is
their opinion, and that of the better class of barbers, that
the law should be so amended as to apply not only to the
cities of St. Louis, Kansas City and St. Joseph, but to the
entire State, and should be strictly enforced.
RAILROAD AND WAREHOUSE COMMISSION
At the session of each Legislature for years past, bills
have been introduced in the House and Senate to repeal
the law and abolish altogether the office of Railroad and
Warehouse Commissioners, while others have been intro-
duced modifying the law by placing the office in control of
one commissioner instead of three. From time to time these
bills have received at the hands of the Legislature no little
attention, and the questions involved are developing into
much importance. I have never thought the burdens and
duties of the office commanded the entire time and atten-
tion of the three commissioners, and since the department
has come under my immediate observation I have become
convinced that one commissioner can perform the duties
required as well if not better than three. An appropriation
of $26,600 is made every two years for the salaries and ex-
penses of the Commissioners, Secretary, and for the con-
tingent expenses of the office, while one-half that amount
could be made to serve the purposes.
I do not believe there is any more necessity for three
Railroad and Warehouse Commissioners than there is for
three officers at the head of any other State Department.
I would, therefore, recommend that your honorable body
amend the law so that at the expiration of the terms of the
present commissioners, one commissioner shall be appointed
by the Governor, for a term of four years, at a salary of
$3,000 per annum, with necessary clerical force and con-
tingent expenses.
GOVERNOR LON V. STEPHENS 473
GAME AND FISH LEGISLATION
I am heartily in favor of more stringent game and fish
laws. At present our Statutes upon this subject give us but
little protection, and unless something is done to prevent
the wholesale dynamiting of the fish in our streams, and the
slaughtering of our game in the woods and upon our prairies,
there will soon be no occasion for any legislation upon the
question at all. The State Game and Fish Warden, Hon.
A. J. D. Burford, has proved a most efficient officer, but he
has been handicapped in the enforcement of the laws as
they now stand, by the absence of funds. Since his in-
cumbency he has caused many arrests to be made, and
has secured convictions in various counties of the State at
his own expense.
Several states in our immediate neighborhood have laws
providing for the collection of good fees, in case of conviction
of violation of the law which go into the State Treasury,
subject to the disposal of the State Warden. These fees are
used for the defrayal of expenses incurred in enforcing the
laws. In Arkansas a license of $25 is imposed upon foreign
pothunters and professional market men. Should this
kind of a law be adopted in Missouri all these license fees
and those resulting from convictions would enable the
Warden to successfully and fearlessly enforce the laws with-
out cost of any kind to the State.
PAN-AMERICAN EXPOSITION
Without any express authority of law, but at the re-
quest of the management of the Pan-American Exposition,
to be held at Buffalo, N. Y., in 1901, I have appointed a
number of gentlemen and ladies to serve as commissioners
to prepare and arrange an exhibit of the resources of Mis-
souri at such exposition. The commissioners thus desig-
nated at once organized by the election of Hon. Alex. G.
Cochran of St. Louis as president; Chas. W. Green of Brook-
field as vice-president; Robert M. Yost of St. Louis as
secretary, and Wm. B, Thompson of St. Louis as treasurer.
474 MESSAGES AND PROCLAMATIONS OF
Frequent meetings were held during the summer, and I was
kept advised of the progress of the work. Though without
a dollar of appropriation the commissioners have collected
a large and splendid exhibit of the agricultural and horti-
cultural resources of Missouri and have in process of collec-
tion many exhibits of mines, manufactures, live stock, edu-
cational facilities, arts and sciences, etc.
The management at Buffalo meanwhile has designated
upon my recommendation, Ex-Gov. David R. Francis of
St. Louis and J. J. Swofford of Kansas City as vice-presidents
of the Pan-American Exposition, and Mrs, A. M. Dockery
of Gallatin, and Mrs. J. H. Cutten of Jefferson City, to
represent Missouri in the department of Woman's Work.
The Missouri commissioners have conditionally con-
tracted for space at the exposition and have their work
otherwise in a condition of progress which now requires
an appropriation of money by the State to perfect it.
I therefore recommend an appropriation for that pur-
pose. The Pan-American Exposition should be especially
utilized by Missouri as an advance agent of our World's
Fair of 1903, and it would not look well for us of all states
in the Union to make a poor or beggarly showing before
the nations of the earth that will have representatives at
Buffalo. I urge this subject upon your immediate attention
because the Pan-American Exposition will open May 1,
1901, and there is not a day to be lost if Missouri is to have
proper and adequate representation. The character and
standing of the commissioners I have appointed are abundant
security that any money appropriated will be wisely and
economically expended by them.
At the last session a bill appropriating $25,000 passed
the Senate by practically a unanimous vote, but having
been introduced quite late, failed to reach the House.
MONUMENT TO JUDGE WILLIAM SCOTT
Missouri has produced many able, incorruptible judges,
and we are justly proud of the judicial history of the State,
and especially of the opinions of our Supreme Court. In no
GOVERNOR LON V. STEPHENS 475
other branch of civil service is the demand so great for
arduous continuous thought and labor, and in proportion
to the service rendered in no branch is the compensation so
unsatisfactory. We expect and demand that our judges
shall be able, clean and honest, and yet on account of salaries
we pay them they invariably die without a competence
when they retire from office; or if they die in office, their
families are left in need.
This leads me to call your attention to a fact which the
bar of the State have for several years lamented. Among the
names of the judges whose learning has enriched our Supreme
Court Reports none is honored more than that of Judge
William Scott. Indeed, it is not considered any disparage-
ment of the other great judges to say that it is the con-
census of opinion that Judge Scott stands at the head of the
list of our Supreme Judges in the estimation of his succes-
sors on the bench, and the leaders of the Bar of the State.
Judge Scott was born in Fauqueir county, Virginia,
June 7, 1804. He came to Missouri in 1827 and settled at
Old Franklin. In 1834 he was appointed circuit attorney
for the judicial district east of Jefferson City, and made his
home at Union. Upon the resignation of Judge McGirk,
in 1841, Judge Scott was appointed to the Supreme Bench,
lie was the friend and associate of Leonard, Ryland, Nap-
ton, Ewing and Richardson on the bench at a time which
has been denominated, "the golden age" of the Supreme
Court of Missouri.
Judge Scott served the State as judge of the Supreme
Court for about eighteen years. He died in 1862 and was
buried on his farm about eight miles west of Jefferson City
on the Boonvillc road. His farm subsequently passed out
of the ownership of his heirs, and today is occupied by
tenants. His grave is now in a horse lot, uninclosed by a
fence or other protection and the stock trample upon it
with impunity.
Missouri owes too much to this distinguished son and
great jurist to permit this condition of things to longer exist.
I therefore recommend that you provide for obtaining the
476 MESSAGES AND PROCLAMATIONS OF
consent of his family to the removal of his remains to the
State's lot in the Cemetery at Jefferson City, and that you
appropriate a proper sum to erect a suitable monument over
his grave. A people which takes no pride in its ancestors
and great men can never hope to accomplish anything of
which its descendants will be proud. We are proud of our
Scotts, Leonards and Naptons, and should leave monuments
to attest our pride.
MONUMENTS TO GOVERNORS MCCLURG AND FLETCHER
During the four years of my administration death has
claimed two distinguished sons of Missouri, both of whom
had been honored by election to the highest office in the gift
of our people that of Governor of the State.
Thomas C. Fletcher was born in Jefferson county, Mis-
souri, January 22, 1827, and by his own earnest work
remedied the defects of a very meager education received
when a boy, and in 1856 was admitted to the practice of law.
In 1860 he advocated the election of Abraham Lincoln, and
subsequently became prominent among the supporters of
the Union. He recruited the 31st Regiment of Missouri
Volunteers and was made the Colonel. He was wounded
and captured in 1863, during the Vicksburg campaign.
Afterwards, in 1864, whilst acting Brigadier General in
Sherman's army, he was nominated and elected Governor of
Missouri. The latter years of his life were passed in Wash-
ington City, where he died in 1898.
Joseph W. McClurg was born in St. Louis county, Mis-
souri, January 22, 1818. He practiced law in Missouri for
two years, and then became engaged in mercantile business,
locating at Linn Creek, Camclen county, Missouri, where he
was interested in very extensive operations. He was a
strong Union man, and was in command of a regiment of
Home Guards in 1861-62. In 1862 he was elected to Con-
gress as a Republican, and served until 1869, when he re-
signed to become Governor of Missouri, lie died at
Lebanon, Missouri, in November, 1900.
GOVERNOR LON V. STEPHENS 477
These men were called to the gubernatorial chair in
troublous times, and whilst a majority of the citizens of
Missouri do not indorse the political principles or some of
the official acts of Governors Fletcher and McClurg, it is
well to remember that during their terms of office party lines
were most rigidly drawn and sectional strife was at its height.
They were Governors of our beloved State, and no doubt
did their duty as they saw it, and it is reasonable to assume
that they were influenced by what appeared to them worthy
motives.
It would seem but proper that these men should be
remembered by their State by appropriate monuments, as
in the case of the lamented John S. Marmaduke, and I
would call the attention of this matter to the consideration
of the General Assembly believing that favorable action
in the manner indicated will meet with the approval of a
large majority of the citizens of Missouri.
WORLD'S FAIR LOUISIANA PURCHASE EXPOSITION
The centennial of the acquisition of the Louisiana Terri-
tory will occur in 1903. It is not only proper but incumbent
upon the states and territories within that extensive and re-
sourceful area, to commemorate so great an event. At the
request of the citizens of St. Louis I called a convention on
January 10, 1899, of delegates from the Louisiana states and
territories to consider such a celebration. The Convention was
composed of representative citizens from thirteen of the states
and two territories, and after two days' deliberation it de-
cided that nothing less than an international exposition,
fostered by the Federal Government and participated in
by all of its states and possessions, as well as by every
civilized country of the globe, would fitly mark the com-
pletion of a century so important, not only in the history of
the United States, but of civilization and society. That
convention, realizing that Missouri is the most populous
and the wealthiest State in the Purchase and that St. Louis is
the largest and most accessible city, selected that metropolis
as the location of the Exposition.
478 MESSAGES AND PROCLAMATIONS OF
Your predecessors, the Fortieth General Assembly, rec-
ognized the significance of the celebration, and the magni-
tude of the enterprise, by submitting to the people of the
State a constitutional amendment authorizing the city of
St. Louis to increase its bonded debt in the sum of $5,000,000
in aid of the Exposition, and also a constitutional amendment
authorizing the General Assembly to appropriate $1,000,000
out of the interest and sinking fund to defray the expense
of a State exhibit at the aforesaid Exposition. These amend-
ments were not only carried by substantial majorities, but
were approved by the people of the State in a spirit which
indicated that their patriotic impulses and their state pride
were thoroughly enlisted toward making the Exposition
a credit to the commonwealth, and commensurate in every
respect with an accomplishment which has contributed
more than any other event in our history since the forma-
tion of the Government toward its perpetuity. It is an
honor to Missouri to have such an Exposition located within
her borders. The people of St. Louis with commendable
liberality and enterprise, have raised by private subscription
a fund of $5,000,000 for the incorporation of a Louisiana
Purchase Exposition company. Furthermore, the Federal
Government has through the almost unanimous vote of
both Houses of Congress, approved by the President, recog-
nized the Exposition and pledged aid thereto in the sum of
$5,000,000. Invitations will be extended by the adminis-
tration at Washington to all the nations of the world to
participate in the Exposition, and during its continuance
the rulers of monarchies, the Presidents of our sister Re-
publics, and all who are eminent in art, science and philan-
throphy will doubtless be entertained as guests of the
United States, of Missouri, and of St. Louis.
The material benefits to Missouri that will result from
such an Exposition are unquestionable and incalculable.
The diversified and immense resources of the State, for
whose display our people have made such liberal provision,
will compete favorably with those fiom any other section of
the globe of like area, and will attract immigration and
GOVERNOR LON V. STEPHENS 479
capital in such numbers and amount as will give to their
further development an impetus, already too long delayed.
All the states and territories in the Louisiana Purchase
cherish a proprietary interest in this Exposition, and no doubt
everyone of them, and in fact every state in the Union,
will have on the grounds an exhibit of its raw and manu-
factured products, as well as a State building at which its
citizens will congregate. More, however, will be expected
of Missouri than of any other State in the Union.
The people of St. Louis planned this Exposition on a
greater scale, having decided that $15,000,000 must be
secured before the corporation shall be formed or the site
selected. In pledging themselves, however, to provide
$10,000,000 of that $15,000,000 they have certainly assumed
their share of the burden, as none of that $10,000,000 will be
procured or expected from any people of Missouri outside
of the city of St. Louis. Furthermore, as St. Louis pays
about two-fifths of the State taxes, it will contribute two-
fifths of the one million voted by the people for the State
exhibit. I am sure, therefore, that you will be prompt to
carry out the wishes of the people as expressed at the polls,
and follow their instructions by appropriating $1,000,000
during the early days of the session.
Each House of the last General Assembly had a Louisi-
ana Purchase Exposition Committee and I take it for granted
like committees will be appointed by the present Assembly,
as additional legislation may be required by the Exposition
Company in condemning land for a site, in policing the
grounds, and in making them easily accessible from interior
parts of the State, as well as from every section of the city of
St. Louis. If the Exposition should be held in the year 1903
as is now contemplated, the present General Assembly will be
called upon to enact all of this legislation, as the next Assem-
bly will convene only a few months before the opening of
the Exposition. I recommend, therefore, that you create a
Louisiana Purchase Exposition CommissioB, to which will
be entrusted the collection of Missouri products and the
arrangements for their display; and the erection of an im-
480 MESSAGES AND PROCLAMATIONS OF
posing State building on the Exposition grounds. Such a
Commission would be representative if composed of fifteen
members, one from each of the Congressional districts,
and to their number might be added, not exceeding two
members, from the State at large. The administration
expenses of such a Commission should be limited to the
extent possible, as patriotic citizens of judgment and ability
can no doubt be found who will give their services to so
worthy a cause without compensation other than actual
expenses incurred.
CONCLUSION
With this communication the reins of the State Govern-
ment will virtually pass into the hands of my successor,
who carries with him my profoundest sympathy, my
kindest personal feelings, and my good wishes for his happi-
ness, and the success of his administration upon which he
so auspiciously enters.
During the four years of my incumbency as your Chief
Executive, I have endeavored to perform the dulies de-
volving upon me conscientiously and fearlessly, and for the
best interests of all concerned. While many of my official
acts have not met with universal favor, I have the consola-
tion of knowing 1 did what I thought was right, and per-
formed my duty as I saw it.
In my inaugural address, and last biennial message, I
took occasion to recommend the adoption of many measures,
\\hich were enacted into law, and which I hope will prove
beneficial to all our people.
I trust your present body, in its wisdom, will hew to the
line, proceed at once upon the business for which you
have been chosen, and will not consume too much time
squandering the people's money in idleness, and in debating
over trilling matters, to the injury and neglect of more
important ones. It is to be hoped that this body of repre-
sentative Missourians, sent by interested and intelligent
citizens and taxpayers to protect and promote their general
GOVERNOR LON V. STEPHENS 481
interests, will be cautious and conservative in dispensing
funds for our State Government, boards and institutions
and for useless clerks which went so far to damage the repu-
tation of the Fortieth General Assembly. You can be
liberal and yet not extravagant; you can exercise economy
without being niggardly. Wise, careful, and judicious
appropriations, meeting the public demands, will receive
the plaudits of your constituency.
My social, political and official relations with brother
officers have been ever pleasant and helpful to me. My
long official stay at the capitol has not only endeared to
me my immediate associates, but has brought me in such
close touch with the people from every section of my native
State, that I shall love and honor them forever, and miss
no opportunity to advance their interests along all lines.
When nominated by my party as its standard bearer
in 1896, in my speech of acceptance, I said: "If God spares
my life I will help carry the banner you have placed in
my hands to victory, but I will not promise you that I will
make a record that will compare with that of that grand old
Roman, John S. Phclps, or with that of that eminent jurist,
Silas Woodson, who had the honor of defeating my own
father for this nomination, or with that of that noble
Christian 'gentleman, Charles H. Hardin, or with that of
the handsome and chivalrous Thomas T. Crittenden, or
with that of the brave and honest John S. Marmaduke, or
with that of that princely gentleman, A. P. Morehouse, or
with that of the dashing and brilliant David R. Francis, or
with that of our own fearless and eloquent leader, William
J. Stone, but I will promise you, God helping me, I will do
the best I can, and I will let the future historian write the
story. If he says I was jusl, fair and patient, and that I
was without prejudice, but that I had a heart which always
beat in sympathy with the struggling masses, if he says
that I attended to the duties of the office with assiduity and
devotion, that my administration was clean, practical and
business like, that I loved Missouri and my friends, and that
I inaugurated many business reforms which proved profit
16
482 MESSAGES AND PROCLAMATIONS OF
able to the taxpayers and satisfactory to the public gener-
ally, I will be happy, 1 will be satisfied, I will be content."
The record is now made. Nothing I can say or do, or
you can say or do, can change it. It will stand forever to
our credit or discredit. I have, as I promised, done my best.
It can at least be said no scandal attaches to my adminis-
tration I have brought no dishonor to the exalted position
to which my countrymen elected me. To my friends,
who have been ever loyal and faithful, I am profoundly
grateful. Of my enemies, who have kept me from growing
conceited, and who have kept me constantly upon the alert,
I am not unappreciative. They have served me well.
With good-will to all and malice to none my work is finished.
May God continue to bless Old Missouri, and may He guide,
direct, protect and defend my successor, is my farewell
prayer.
LON V. STEPHENS,
Governor of Missouri.
GOVERNOR LON V. STEPHENS 483
VETO MESSAGES
TO THE SENATE
MARCH 8, 1897
From the Journal of the Senate, pp.
STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON,
March 8, 1897.
To the President of the Senate:
Sir I have the honor herewith to return to the Senate,
without my approval indorsed thereon, Senate bill No. 3,
entitled
"An act providing for inflicting the death penalty."
I take it from my knowledge of the bill that it was the
intention of its author to secure privacy in future executions.
Sections 4258 and 4259, R. S. 1889, already provide that the
execution shall be private, and designate a limited number of
spectators thereof. Section 1 of the new bill simply changes
the place of execution, and provides for no more privacy
than the present law. The only noticeable change made by
section 1 is that all executions are made to occur at one place
and remote from the locality and community where the
offense is committed.
I think the enactment of this bill into law would in-
crease alarmingly the number of executions annually in
Missouri. Many jurors would vote to inflict the death
penalty, if the execution is to be in the State prison, while
they would vote against inflicting it if the execution was to
be in their own county. "The right to punish individuals for
the commission of crime rests upon the broad foundation
of public necessity." The true object of the infliction of
legal punishment is to prevent crime. The object of the law
in punishment is the reformation and purification of society.
"The terror of the example of the offender remains as a
484 MESSAGES AND PROCLAMATIONS OF
warning to other citizens." If the principle of punishment
as an example to deter others from the commission of like
offenses is sound, why remove the end, the aim, the warning
of the execution with its terrible lesson from the presence
of those among whom the crime was committed? It seems
to me the removal of the execution from the scene of the
crime would be removing the main purpose of punishment,
to wit, the example, from the persons to whom the law in-
tends the punishment as a warning. If the penalty is not
inflicted as an example and a warning, it cannot certainly
be justified upon the ground of vengeance. If the theory of
local self-government should be applied in the trial of an
offender, compelling the case to be heard and the punish-
ment assessed in the community where the crime is com-
mitted, I think equally strong reasons exist for the final act,
the end of the law, the execution, taking place in the same
vicinage. The same authorities and powers should execute
the law who decree the infliction of the punishment. This
has ever been the theory of the common law and the law of
this State with regard to the infliction of capital punishment.
But section 2 of the act provides that within five days
after the sentence the sheriff shall convey the prisoner to the
State prison, there to be kept to the day of his execution.
Section 4239, Revised Statutes, 1889, makes it the duty of
the court to sentence the prisoner after a verdict is rendered
and the usual motion for a new trial and in arrest of judgment
are overruled. Section 4277, Revised Statutes, 1889, pro-
vides that an appeal to the Supreme Court shall be allowed
the defendant if applied for during the term. In a great
many instances the term of court will last much longer than
five days after the sentence. Under this bill the prisoner
must be taken away, removed at once from his counsel.
This might, and doubtless would, work a great hardship
in many cases.
Section 4277, Revised Statutes, 1889, it will be observed,
gives defendant and his counsel the whole of the term to
perfect his appeal. In many cases, as above suggested, the
court might probably be held for days and weeks after the
GOVERNOR LON V. STEPHENS 485
sentence was pronounced, during all of which time, under the
statute herein referred to, defendant might appeal; yet if he
be taken from his place of trial within five days after he is
sentenced, he is deprived of the privilege of consulting with
his counsel and friends even as to the advisability of an ap-
peal.
Section 4278, Revised Statutes, 1889, provides that an
appeal in a capital case shall operate as an absolute stay of
the sentence. The prisoner has then to be confined in the
State prison during all the time of the pendency of hi*
appeal, removed from home, family and friends, and in the
event of a reversal of the judgment of the lower court, this
act makes no provision whatever for the method or means of
conveyance back to the scene of his trial, nor does it provide
in what manner the expenses thereof shall be borne, nor
does it provide for the payment of any officer or officers of
the State to reconvey the prisoner from the State prison
to the place of the new trial.
Section 5 of this act provides that "unless a suspension
of execution be ordered by the Supreme Court, or two
judges thereof, the warden or deputy warden shall proceed
at the time and place named in the warrant to cause the
prisoner sentenced to be hanged by the neck until he is
dead." It will be observed that the language of this part
of the act is mandatory that the execution shall take place
on the date named unless the Supreme Court, or two judges
thereof, order a suspension of the execution." The command
to the warden or deputy warden is peremptory.
Section 4246, Revised Statutes, 1889, provides: 'Tor
good cause shown, the court in which the conviction is had,
or the Governor, may prolong the time or suspend the execu-
tion, of any convict sentenced to the punishment of death;
and no other court or officer shall have such authority,
except in the cases and in the manner hereinafter provided."
It seems to me that section 5 of this act would repeal
section 4246 of the Revised Statutes of 1889, and remove
from the Governor the power even for good cause shown to
suspend the execution of a convicted person for any length
486 MESSAGES AND PROCLAMATIONS OF
of time whatever, and places the authority to suspend the
execution wholly in the Supreme Court or two judges thereof.
I do not question that the Supreme Court or two judges
thereof would be a safe repository for this important power.
But the law does not contemplate that the Supreme Court
shall be in session all the time, nor do I know of any law
compelling the judges thereof in vacation of the court, which
I think comes annually between the months of July and
October, to remain at the capital constantly, or even within
the confines of the State. Hard worked as they are, as a
matter of fact, I believe the judges usually leave the capital
during the heated term and seek rest and recreation at
various places. In their absence, if section 5 of this act
repeals section 4246, Revised Statutes, 1889, where would
the prisoner and counsel apply for a stay of execution?
There are certainly times and conditions when a stay of
execution becomes an imperative necessity.
Section 5 of this act would certainly repeal section 4246,
Revised Statutes, 1889, unless the court should hold that
the two enactments were simply cumulative statutes on the
same subject, and that section 5 of this act simply provided
an additional method for the suspension of an execution.
Some doubt, at least, might arise in the absence of a judicial
determination as to whether the Governor and the trial
court could for good cause shown suspend the execution
when the Supreme Court or two of the judges thereof failed
to act. It seems to me when such an important matter as
human life is at stake that a statutory enactment should
be so plain that there could be no doubt as to who could or
should act. I believe the provision contained in section 4246,
giving the Governor undoubted power to suspend execu-
tions, is a wise one, because in his absence the law provides
for the Lieutenant-Governor to act in his stead, thus leaving
a fixed and certain repository for the power to suspend execu-
tions, accessible at all times at a given place and with full
authority to act. In the absence of the Supreme Court or
two of the judges thereof no one is empowered to act for
them.
GOVERNOR LON V. STEPHENS 487
I oppose this bill if for no other reason, because every
prison official from whom I have heard or with whom I have
talked fears it and opposes it. The contractors, without a
single exception, upon whom we rely to a great extent for
help to carry the financial burdens of the prison, oppose it,
and confidently believe if it is enacted into law that it will
demoralize the prisoners to such an extent that within a
short while it will drive them, the contractors, from the
prison. Officers and contractors agree that it would be
extremely difficult if this bill becomes a law to maintain any
degree of discipline at the prison.
I oppose it because the legislative appropriation com-
mittee has allowed the prison $30,000 less than the officers
thought was actually needed, and to carry into effect the
provisions of this bill properly it would cost us many
thousand dollars more, which would financially embarrass
the institution and the new administration at its threshold.
Respectfully,
LON V. STEPHENS,
Governor.
TO THE HOUSE OF REPRESENTATIVES
MARCH 8, 1897
From the Journal of the House of Representatives, p. 791
STATE OF MIBBOUEI, BXDCXTTIVE DEPARTMENT, JISFFERBQN CITY,
March 8, 1897.
To the Speaker of the House o/ Representatives:
Sir -I have Lhe honor herewith to return to the House
of Representatives, without my approval indorsed thereon,
House bill No. 303, entitled
An act to confer upon the residents upon certain islands
in this State the right to restrain domestic animals from
running at large.
I do not believe any island in the waters of Missouri is
large enough to become an independent goverament within
488 MESSAGES AND PROCLAMATIONS OF
itself; and it seems to me that if this bill becomes a law, it
would discriminate in favor of one class of citizens of a
county against another.
Respectfully,
LON V. STEPHENS,
Governor.
TO THE SENATE
MARCH 12, 1897
From the Journal of the Senate, pp. 556-557
STATE OF MISSOURI, EXECUTIVE DEPARTMENT, JEFFERSON CITY,
March 12, 1897.
To the President of the Senate:
Sir I have the honor herewith to return to the Senate,
without my approval indorsed thereon,
Senate bill No. 31, entitled,
An act to constitute the assets of insolvent corporations
a trust fund for the benefit of creditors, and to prevent
preferences of creditors by insolvent corporations or in
contemplation of insolvency and discontinuance of business
or of voluntary liquidation; and to provide for the applica-
tion of the assets of insolvent corporations to the payment
of all of their creditors in proportion to their respective
claims.
The bill makes a decided innovation in the well estab-
lished law of this State, and will unsettle questions that are
now not open to discussion. It seems to me that it will lead
to a great deal of litigation. There are occasions when
individuals and corporations should be permitted to prefer
one creditor to another. To prohibit such preferences in
toto would put it out of the power of an embarrassed person
or corporation to obtain temporary aid or extensions. It
has been the settled policy of this State since the earliest
reports to permit an individual to prefer creditors. The
Supreme Court has said, "It is difficult to sec upon what
GOVERNOR LON V. STEPHENS 489
basis of principle a distinction can be established between
its (a corporation) right to exercise the powers of owner-
ship in respect to such property, and the right of control
(within the limitation of good faith) conceded in similar
circumstances to an individual. The right of the latter to
give a preference to one creditor over another is usually
grounded on the power of disposition incidental to the owner-
ship of property. That ground exists with equal strength
as to a business corporation in this State."
The first section of the bill declares the assets of an
insolvent corporation a trust fund for creditors, and the
fourth gives ninety days to an unsecured creditor to set
aside a conveyance. A diligent creditor may get security
for his debt and the corporation may at that time hope to
go on; yet if it turns out that it was in fact insolvent the
collaterals may be taken from him. He may even part with
additional property upon the collaterals and have to sur-
render them for reasons then unknown to him. The vigilant
creditor has always been favored, but in this bill there will
be no inducement for any creditor to proceed against a cor-
poration to recover its assets. The law is now settled and
understood by the business communities. This law will
unsettle it. The question as to whether a corporation is
insolvent and unable to continue its business and what shall
be evidence of insolvency is left open. The Supreme Court
said, "Positive law is necessary to define, at least, the time
at which the right of control of property, incident to its
ownership by the corporation shall cease, or in other words,
what shall constitute statutory insolvency should the law-
makers consider desirable the adoption of such a theory."
The bill does not furnish that definition which the Supreme
Court thinks is necessary, if preferences in cases of insolvency
is to be prohibited. There are abuses in the right to prefer,
both upon the part of corporations and individuals, but this
does not prove that the right should be abolished in to to.
It is class legislation of the plainest sort. A corporation
is an artificial person and its business and trade relations, in
the respect covered by this bill, are precisely the same as
490 MESSAGES AND PROCLAMATIONS OF
those of a material person. If it is desirable to do a thing so
radical as to take away from the owner and possessor of
property the right of disposing of it, why should the prohibi-
tion be limited to corporations? Why should this class of
citizens be singled out and their business operations em-
barrassed by such an attack? Why do not the same reasons
exist for depriving all persons of the right to dispose of what
belongs to them?
The tendency of this sort of laws is wrong. They dis-
courage enterprise and seem to spring from a too prevalent
disposition to strike at the prosperity and thrift which arises
from the fundamental right of every person to make free
use of his own property. Every man who has had experience
in those communities where business corporations operate
knows that with them, as with individuals, they are often
under the highest moral obligation to give rather than to
withhold such preferences as this bill prohibits. In the
State of the law as it exists they are often unable to live
through business crises, pay labor and creditors, and avoid
ruin by securing accommodations which are given only on
the agreement that if disaster comes security will be fur-
nished to the one who in the borrower's peril puts up his
money to meet his debts. Hamper these corporations, Lake
away their right to promise security or give it, and many
will die that would otherwise live and prosper.
The real mischief and rank injustice which this bill,
under the guise of fairness, will work in the evcry-day busi-
ness of corporations can not be fully conceived.
Respectfully,
LON V. STEPHENS,
Governor.
GOVERNOR LON V. STEPHENS 491
VETO RECORDED WITH THE SECRETARY
OF STATE
MAECH 23, 1897
From the Journal of the Senate, p. 736
JEFFERSON CITY, March 23, 1897.
To the Secretary of State:
Sir I have the honor to forward to you herewith the
following bills, which reached me within the ten days next
before the adjournment of the General Assembly:
Committee substitute for House bills Nos. 174 and 305,
entitled
An act to repeal an act entitled "An act to amend an
act entitled "An act to amend section 7094 of the Revised
Statutes of Missouri of 1889, relating to mortgages and
deeds of trust,' approved March 27, 1893," approved April
9, 1895, and to enact five new sections in lieu thereof, to be
numbered sections 7094a, 7094b, 7094c, 7094d and 7094e,
and to read as follows.
House bill No. 762, entitled
An act to repeal an act entitled "An act to amend an
act entitled c An act to amend section 7094 of the Revised
Statutes of Missouri of 1889, relating to mortgages and
deeds of trust/ approved March 27, 1893," approved April
9, 1895, and to enact five new sections in lieu thereof, to be
numbered sections 7094a, 7094b, 7094c, 70944 and 7094e,
and to read as follows.
Committee substitute for House bills Nos. 174 and 305,
as passed by both houses and as presented to me, contained
no enacting clause, and its promoters requested me to with-
hold action on the bill until they could have an opportunity
to pass House bill No. 762, which was an exact copy of the
said substitute, but contained the enacting clause. Now that
House bill No. 762 has reached me, I have approved it, and
492 MESSAGES AND PROCLAMATIONS OF
refused to approve committee substitute for House bills
Nos. 174 and 305.
Respectfully,
LON V. STEPHENS,
Governor.
VETO RECORDED WITH THE SECRETARY
OF STATE
MARCH 23, 1897
From the Journal of the Senate, p. 739
JEFFERSON CITY, March 23, 1897.
To the Secretary of State:
Sir I have the honor herewith to transmit to you
House bill No. 753, entitled
An act to appropriate money for the support, mainte-
nance and improvement of the State University and other
State educational institutions during the years 1897 and
1898.
This act is approved except as to items contained in
section 5 wherein it appropriates "for maintenance of sewing
school, one thousand dollars ($1,000)," and "for mainte-
nance of agricultural department, one thousand dollars
($1,000)," which makes the total appropriation carried by
said section 5 $34,550 instead of $36,550.
Respectfully,
LON V. STEPHENS,
Governor.
GOVERNOR LON V. STEPHENS 493
VETO RECORDED WITH THE SECRETARY
OF STATE
MARCH 29, 1897
From the Journal of the Senate, pp. 743-748
JEFFERSON CITY, March 29, 1897.
To the Secretary of State:
Sir I have the honor herewith to forward to you,
without my approval indorsed thereon, House bill No. 178,
entitled
An act to amend section three (3) of an act entitled
"An act to repeal sections 7513, 7515, of article 1, chapter
138 entitled, " 'The assessment and collection of the revenue/
and sections 7531 and 7552 and 7570 of article 2, chapter
138, of the Revised Statutes of 1889, entitled 'Assessors and
the assessment of property,' approved March 28, 1893, by
striking out certain worts in section 3 of said act and in-
serting certain other words in lieu thereof, and by adding
at the close of said section three certain other words,"
which reached me within the ten days next before the ad-
journment of the General Assembly.
There is a plain contradiction between the purport of
the bill as signed by the President and Secretary of the
Senate and Speaker and Chief Clerk of the House of Repre-
sentatives and the record as it appears in journal of the
House respectively.
It seems that on March 9 1897, House bill No. 178 was
read in the House a third time and passed, emergency clause
not adopted. The bill was then sent to the Senate and went
through the constitutional formula, and on the 20th inst.,
it was passed by the Senate, the vote being nineteen for and
nine against, the emergency clause in this instance not being
voted on at all; but this bill, as presented to me for con-
sideration, has the emergency clause attached. This raises
494 MESSAGES AND PROCLAMATIONS OF
a very serious question, which, as I have noted/ brings out
an inconsistency that cannot be harmonized.
Its main features are inquisitorial and un-American.
Under our existing assessment laws an affidavit is already
required from the owner of notes, bonds and mortgages
covering the extent of his holdings and their present value.
The statute provides a remedy against the affiant for per-
jury when a false statement is rendered the assessor. In
addition to this the county boards of equalization have
authority to increase the assessment where it has been made
too low, and to impose a penalty in addition.
The proposed operation of this law would in course of
time deface a note or bond which had been held for any
period of time almost beyond recognition. In addition to
this, the listing of the voluminous mass of indebtedness
which is represented by notes, bonds and mortgages, would
be an impossible task for the assessors using the machinery
which they have hitherto employed. As easily might the
law require a merchant to furnish to the assessor a complete
inventory of his stock of goods and accounts, requiring the
assessor at the time to make a complete copy of such inven-
tory upon his returns. As easily might the law require a
farmer to furnish to the assessor for listing, stamping and
branding every head of stock owned by him, with penalties
annexed for failure to list each animal by class, age, color,
marks, bands, etc.
Successful and enterprising business men are usually
very anxious to keep their credit affairs private, and their
success in a great measure depends upon not taking the
general public and business rivals into their confidence.
And, besides, there is a universal desire among men for
privacy in their affairs, and especially of their credit matters,
if possible. Now then, if all notes, bills of exchange and
evidence of debt are accurately described and placed upon
public record, business men will find nearly the whole of their
commercial indebtedness made public, especially local
indebtedness, for the scrutiny and criticism of business rivals
and enemies. Of course many obligations due from business
GOVERNOR LON V. STEPHENS 495
men will not be made public because held in other states
and by banks, banks not being required to list their notes as
they pay taxes on their capital stock; but enough will be
shown in many instances to discourage the man operating
on credit, who is doing well in business and rapidly reducing
his indebtedness.
The Constitution of the United States recognizes the
desire men have for keeping their private affairs to them-
selves, and provided against the unreasonable search of
papers and effects. Now then, when it is proposed once a
year for a man to expose to the curiosity of the county and
city assessor, all his evidences of debt this idea of privacy
will be violated. Some men would rather pay double taxa-
tion, perhaps, than once a year to disclose all of their
business. As for preventing property from escaping taxa-
tion this bill will have little if any effect, for those who intend
to avoid taxation will invent more certain methods than
they have now. The law will injure the good men and catch
very few of the bad. A fair return of personal property
will always depend upon the vigilance, competency and good
sense of assessors, no matter what may be upon the statute
books. Many good men who now give in a fair list will leave
the State before they will have their private affairs made pub-
lic every twelve months, and place themselves at the mercy
of those who wish to take advantage of the knowledge thus
derived of their business. Private individuals will ask why
should our business be exposed and placed upon public
record when trust companies, banks and corporations are
not subject to this annoyance and exposure.
There has been a great cry for years against paying
interest to eastern and foreign loan companies, and on eastern
capital, the sending out of premiums to eastern and foreign
life insurance companies, and things of that character, and
yet this law looks to me as if it might be in the direct
interest of such eastern and foreign loan companies and
foreign capital, for it does not affect them, but local capital
only. Will this State, by this and other measures of a similar
nature, drive local capital from the State and leave the whole
496 MESSAGES AND PROCLAMATIONS OF
field in Missouri to eastern and foreign capital? Instead of
having legislation of the character to drive capital out of the
State, it ought to be of such a character as to invite it into
the State. Some may think that this law will in some manner
benefit agricultural communities, but it will prove exactly
the contrary, as all such measures have in western states.
Farms are at present assessed at about one-third of their
value, and any attempt to change this greatly will meet with
vigorous protests from the farmers. If this measure and
similar ones drives local capital out of the State and the
lists of personal property decline, which they are bound to
do rapidly under such legislation, can there be any doubt
but that in a few years it will be absolutely necessary to
assess land much higher than it is now, and the farmer will
bear a greater burden of taxation, besides, it will tend to
increase rate of interest, no matter what may be on the
statute books regarding the same.
It will make money almost impossible to get except
from eastern and foreign capitalists. And if by these means
our local capital is driven from this State it is only a ques-
tion of time when there will be a great decline in values,
including farms. Farmers and business men will be required
to list notes which they now hold which may be worthless,
but which they are hoping some day to collect. Many
vexatious questions will arise; for instance, where bills of
exchange and notes change hands several times on the first
day of June, disputes will arise as to who should list them for
taxation on that day, because the law takes no notice of a
fraction of a day. Various names will be found upon it by
the assessor, placed there on the first day of June, and
litigation will surely arise over this and many other points
contained in such extraordinary law. Instead of increasing
the revenue of the State the probabilities are largely in
favor of the fact that valuations of personal property will
rapidly decline, owing to various methods which will be
resorted to to prevent the exposure of private business.
Property and money will be sent out of the State, soon to
be followed by the owner thereof, and all men with capital
GOVERNOR LON V. STEPHENS 497
who are seeking investments, and perhaps this State as a
location, will look askance at us and move around us when
they find that we have been indulging in such legislation,
thinking it is only a beginning of worse to follow. The full
evil effects of such a measure cannot be counted until a few
years of trial, but caution in adopting such laws will do no
harm at the present time when there has been such a long
period of financial disasters.
Another objectionable feature of the bill is that it inter-
feres with the negotiability of the notes not stamped as
required. It has always been the policy of the law to give to
commercial paper the utmost freedom and circulation, as
this is one very important means of supplying any de-
ficiency in the money circulation.
The bill, as I understand it, would lead to an innumer-
able number of petty prosecutions, the majority of which
would be malicious in effect if not in law. While the legal
presumption is that laws will be obeyed, yet it is a fact that
they are not, and we have a right to presume as a fact that
this law will be constantly violated by the holders of notes
unless all property is assessed at its actual cash value as the
law contemplates. Whenever this is done the holders of
notes will in a great measure cease their opposition to meas-
ures similar to the one under consideration. The prosecu-
tions for violations of this law would be instituted by the
debtor, who has paid the note not stamped, and will only
be done by him in cases where there is ill-feeling between him
and the creditor, and the debtors who would do this would
be among the worst of their class, all of which would have
a tendency to increase the rate of interest as to the borrow-
ers least capable of paying it.
The plan is well nigh, if not absolutely, impracticable,
for the reason that many notes run for five, ten and twenty
years. This would necessitate the note being stamped a
like number of times, and unless the note be as large as the
average Sunday newspapei there would be no room for the
stamps without nearly obliterating the face of the paper.
498 MESSAGES AND PROCLAMATIONS OF
Again, the capitalists holding a sufficient number of
notes will avoid the law by indorsing their notes to friends
in other states prior to June 1st, and will thus escape taxa-
tion on all their property in this form, whereas at present
they are paying taxes on perhaps one-half of their obliga-
tions, while the small capitalists, widows, curators, and the
like, with only two or three notes, will be unable to take this
advantage, and will not only pay the present taxation upon
all the property they possess, but will help to make up the
taxes that will be lost by reason of the large capitalists
sending their property out of the State.
The measure will impose a great hardship upon a ma-
jority of the country merchants all over the State of Missouri,
because four-fifths of the country merchants are more or less
compelled to do the greater part of their business upon a
system of credit. In very many instances the debtor cannot
offer but very inadequate security to guarantee the pay-
ment of the bill he must incur with his merchant for goods
to make his crop. Nevertheless, the merchant takes the
risk and accommodates his customers, but in doing so, he
finds at the end of every year a great many delinquent
accounts upon his ledger. After his customer has disposed
of his crop and fallen behind, there is nothing left for the
merchant to do but take a note to cover the balance due
him, and trust to providence and chance in a great measure
for the balance to pay the same. Every country merchant
is more or less loaded with this class of notes, and the amount
is greater at present than usual, in consequence of the busi-
ness depression which is so general. It occurs to me, that it
would be a great injustice to compel the possessors of such
notes, the solvency of which they must themselves doubt
until they, perchance, collect same, to pay taxes on them,
assessed at their face value, or have their legality decided.
There can be no doubt that something should be done
to secure a more equal distribution of the burdens of taxa-
tion, and especially that money, bonds and notes should be
moie fully assessed than they now are, but my idea is that
this bill, intended to accomplish that purpose, will practi-
GOVERNOR LON V. STEPHENS 499
cally result in a larger proportionate share of the burdens
of taxation falling on the men of moderate means and a
large proportion will escape taxation by note and bondholders
than under the present law.
In view of the provisions of this bill exempting banks,
etc., it is plain to me that the wealthier men, the ones
sought to be reached by this law, will turn their money over
to the several banks or trust companies with which they
are connected, either as officers or stockholders, or influential
depositors, to be loaned by them, the notes, bonds, and
other securities being taken in the name of the bank, and so
under the terms of this law make them non-assessable.
The people of moderate means farmers and residents
of towns and cities whose property, for the most part,
consists of lands and visible personal property, together
with a small amount of notes and bonds, having no way to
hide them, will, under this law, have to report every dollar
they may have. So the inequality of taxation between the
wealthy and the man of moderate means sought to be
remedied by this legislation is simply aggravated, and a
greater injustice than now exists is inflicted.
It would have the effect to discourage investments and
drive capital from the State. I have favored the free and
unlimited coinage of silver, because we have not a sufficient
amount of money in circulation within our State now to
properly develop our resources. This bill would make
money even scarcer than now.
Every farmer who owes money, I fear, would be com-
pelled to pay the same without delay, and the money would
be taken out of Ihc State for investment.
My objections arc not predicated upon the idea that a
loophole ought to be left through which note-holders can
escape taxation, but that the taxation should be equal, and
that no more burdens ought to be placed on a note-holder
than upon the holder of any other class of property.
The probabilities are, under this law, there would be a
great increase of criminal prosecutions under claims that
tax lists may not be complete.
500 MESSAGES AND PROCLAMATIONS OF
It is now difficult enough for our borrower class of
farmers and others to obtain credit in stores and accommo-
dations from money-loaners to enable them to make crops,
etc. With such a law upon our statute books and traders
would accept nothing except cash, which they could not
give.
It is an assault upon the honor and good name of our
State and upon the integrity of our people.
If this law should go into effect and all notes by law
must be assessed at a hundred cents on the dollar, all loans
will be called in as soon as possible, and thousands and
thousands of people who are now thought to be wealthy
and prosperous would be driven to ruin.
The bill is not uniform in its applications to the sub-
jects of taxation treated therein, as is required by the
Constitution of the State; it does not treat -all tax-payers
with equal justice and impartiality, but singles out a course
for one class different from that required of other classes.
Many who voted for the bill did so under a misappre-
hension, without a clear understanding of the bill, through
"trades," and are now apologizing for their votes, and have
urged me to veto it.
The measure does not purport to be a measure for in-
creasing the revenue of the State. It taxes nothing that is
not already taxable by law. It provides no additional
revenue for the treasury and it metes out no new punishment
to wrongdoers. It is undoubtedly desirable to accomplish
both these objects, and it was no doubt the intention of the
author of the bill to accomplish them, but the fact remains
that the bill would be useless as a revenue measure, and
equally useless as a criminal statute.
To require notes to be stamped by the assessor would
be a burden to the business of lending money and this burden
would inevitably fall upon the borrowers rather than the
lenders. It is manifest without argument that any statute
which should require all promissory notes and like evidences
of debt to make an annual pilgrimage to the assessor's office
would be a serious blow to the business interests of the
GOVERNOR LON V. STEPHENS 501
State. These instruments do not remain in the hands of
their owners. They are freely used as collateral and are
often to be found in the vaults of banks, trust companies
and other financial institutions. Thus the possession of
commercial paper is often separated from its ownership.
Under the provisions of the bill in question it would be the
owner's duty to present the paper to the assessor, and yet
he would not be able to do so, his paper having been pledged
as collateral, he would not be in possession of it, nor would he
be entitled to its possession. And yet he would be guilty of
a misdemeanor for failure to secure the assessor's stamp
thereon. The person or institution holding notes as col-
lateral would not be willing to part with possession of such
notes for mere purpose of enabling the owner to present
them to the assessor, nor would the holder of the collateral
be bound by* the statute to have the same stamped by the
officer. It is difficult to conceive of the confusion which
would result from the operation of such a statute in large
commercial centers.
The result of such a law would be to flood the courts
with litigation, encourage dishonesty, restrain the free
exchange of negotiable paper, if not rob it of its negotiability
entirely, hamper business, render it especially hard for the
borrower to obtain a loan, and drive capital from the State
to seek other and better fields for investment.
Respectfully,
LON V. STEPHENS,
Governoi.
TO THE HOUSE OF REPRESENTATIVES
MAECH 27, 1899
From the Journal of the House of Representatives, pp. 783-784
March 27, 1899.
To the Speaker of the House of Representatives:
Sir I have the honor to return to the House of Repre-
sentatives, without my approval indorsed thereon, House
502 MESSAGES AND PROCLAMATIONS OF
bill No. 261, entitled "An act to amend section 2310, article
12, chapter 33, Revised Statutes of Missouri, 1889, relating
to opinions of the Supreme Court and Courts of Appeals."
The amendment proposed is as follows:
That section 2310, article 12, chapter 33, Revised
Statutes of the State of Missouri, 1889, be and the same is
hereby amended by adding to said section the following
words: "and shall pass upon and fully decide all legal ques-
tions raised in such case;" so that said section, when so
amended, shall read as follows:
"Section 2310. The opinion shall always contain a
sufficient statement of the case, so that it may be under-
stood without reference to the record and proceedings in the
same, and shall pass upon and fully decide all legal ques-
tions raised in such case."
Article 3 of the Constitution of this State declares that
"The powers of government shall be divided into three
distinct departments, the legislative, executive and judicial,
each of which shall be confided to a separate magistracy,
and no person or collection of persons, charged with the
exercise of powers properly belonging to one of those depart-
ments, shall exercise any power properly belonging to either
of the others, except in the instances in this Constitution
expressly directed or permitted."
Article 6 of the Constitution of this State vests judicial
power of this State in the Supreme Court, the Courts of
Appeals and other courts. The legislative power of this
State, -under the terms of article 4 of the Constitution, is
vested in the General Assembly of the State of Missouri,
Under article 5 of the Constitution the supreme execu-
tive power of this State is vested in the Governor, as the
chief magistrate.
Under the terms of article 3, before mentioned, the
Legislature cannot interfere with the duties of the judicial
department nor the executive department, nor can either of
these departments interfere with each other, nor with the
legislative department, because this is a plain mandate of
GOVERNOR LON V. STEPHENS 503
the Constitution. The sole and exclusive judicial power of
this State is vested in, the courts of this State. That power
cannot be abolished, taken away from the judiciary or dimin-
ished by either or all of the other departments combined.
The Legislature may enact laws for the holding of courts
and for the adjournment thereof, but it cannot dictate to
the judges how they shall decide, nor what they shall decide.
The Legislature can not take any action which looks to the
control of the judiciary of this State. It was competent for
the Legislature, under the old section 2310, to provide that
the opinion of the Supreme Court should "always contain a
sufficient statement of the case," etc., for that does not
interfere with or control the judicial discretion of the
Supreme Court. But with regard to the other portion of
the bill couched in these words: "and shall pass upon and
fully decide all legal questions raised in such case," that is
beyond the power of the Legislature to enact.
The Legislature has no more power to interfere with or
control, or attempt to control, the action of the Supreme
Court in writing its opinions than has the Supreme Court the
power to dictate to the Legislature how and in what way it
shall enact and frame its laws.
I clo not see that it can accomplish any practical good.
The law now requires the judges of the appellate courts to
file written opinions in all cases disposed by them. It is,
therefore, necessary for them to pass upon such questions
of law raised by the record as are essential to decide the
case in hand. If the bill means only to require this, it is
unnecessary, and adds nothing Lo the law as it now stands.
If, however, it is intended to require the judges of the
appellate courts to "pa&s upon and fully decide all legal
questions raised in such case," whether properly presented
for determination or necessary to be passed upon in order to
dispose of the case under consideration, it Is very bad legisla-
tion. The courts do not sit to pass upon "moot" cases.
They are created to decide real controversies between actual
litigants. If the record lias not been properly preserved in
504 MESSAGES AND PROCLAMATIONS OF
the trial court, there are other provisions of the Statutes
which prohibit the higher courts from passing upon the
questions of law attempted to be raised. They cannot,
under the rules of practice in that event, pass upon and decide
the legal questions raised in the case.
It frequently happens that a number of legal proposi-
tions are advanced, and it is unnecessary to the disposition
of the case to pass upon all of them, it often occurs that the
decision of a single proposition of law will determine the
judgment that ought to be entered, while a dozen other
questions may be presented by the record. It might afford
some satisfaction to the parties to have the court go on,
after having decided the case upon the real questions in-
volved, and pass upon other propositions submitted for
consideration. This, however, would cause unnecessary
labor to the courts, delay other litigants, and accomplish no
good to the parties to the suit. After the real points, upon
which the judgment must rest, have been decided, it would
be a useless waste of time to discuss "in full" other questions
of law raised in the case. What good could come from it?
How would it help the parties to the suit? In the present
condition of the docket of the Supreme Court, instead of
adding to the labors of the judges and thereby throw the
court still further behind, it would be better to do some-
thing to assist them in catching up. The rule is that a
judge ought never to write upon a proposition of law not
necessary to the decision of the case in hand, and whenever
he does so, his remarks are "obiter dicta," and arc not given
the weight of authority in subsequent cases.
It is sufficient in any case to have the real points upon
which the judgment must rest decided, and nothing farther
than that can, or ought to be required. In many instances
questions are presented by counsel and if the court decides
one, it becomes wholly immaterial to consider the other
matters, and the universal rule, as far as I have known with
the courts, whether trial or appellate, is simply to decide
enough of the questions raised to dispose of the case and then
GOVERNOR LON V. STEPHENS 505
stop. Anything further than that would simply be a waste
of time, and be a discussion of immaterial matters.
Respectfully,
LON V. STEPHENS,
Governor.
TO TEE SENATE
APRIL 5, 1899
From the Journal of the Senate, pp. 562-563
April 5, 1899.
To the President of the Senate:
Sir I have the honor herewith to return to the Senate,
without my approval indorsed thereon, Senate bill No. 271,
entitled
An act to repeal an act entitled "Immigration."
My reasons for so doing are respectfully submitted:
This bill proposes to repeal chapter 81 of the Revised
Statutes of 1389, regarding immigration. I cannot give my
consent to the abolition of the laws on this subject, because
I am convinced that an immigration bureau can be of great
benefit to the State of Missouri in the way of inducing capital
to the State and homeseekers to settle in our midst.
The various State departments are now daily besieged
with numbers of inquiries regarding the resources of the
State from persons desiring either to invest or make their
homes with us. As there is no official board to give these
inquiries attention, they do not receive satisfactory con-
sideration.
There are now in the State about 500,000 acres of
government land not taken up and 5,000,000 acres of vacant
land susceptible of cultivation. By the proper dissemination
of information regarding these lands they can be settled with
industrious homeseckcrs, thereby enhancing the value of all
506 MESSAGES AND PROCLAMATIONS OF
our farming property and increasing the population and
taxable wealth of the State.
We have a State rich in material resources, one that
offers more inducements to homeseekers than any other
State in the Union. Of all the United States, Missouri, by
reason of climate and the fertility of her soil, takes first
place in point of advantage. Everything needed in the
economy of man's existence can be dug from her hills and
mountains, hewn from her quarries, sawed from her forests,
or produced from her soil. Wheat, corn, rye, oats, barley,
potatoes, delicious fruits in fact, everything needed in the
temperate zone can be grown in Missouri. We do not need
to exaggerate or resort to the arts of the real estate pro-
moters to establish our claims to greatness a simple state-
ment of facts, ungamished by rhetoric or adulation, is
sufficient. Therefore, instead of discouraging the citizens of
other States from making their homes in Missouri, we should
maintain a bureau of immigration, clothed with official
authority, to act for us and to tell the story to the anxious
inquirer of our varied resources, and of our onward march
to greatness and prosperity, and encourage the right sort of
immigration.
The States around us have immigration laws and boards
of immigration. Experience has shown them the inestimable
benefits of these immigration laws and boards.
It is true, Missouri has progressed within the fifteen
years we have had no board of immigration, but if such a
board had been in active operation during that time the
development would have been undoubtedly even greater.
Just at this time, when the eyes of the world arc upon
Missouri by reason of the great world's fair, to be held in
St. Louis, in which every loyal Missourian ought to be deeply
interested, it would be most unwise and inconsistent to dis-
courage the investment of capital and desirable immigra-
tion by repealing our immigration laws.
In my biennial message to the General Assembly I
said: "The law of 1879, creating an immigration board,
Revised Statutes 1889, sections 5446-5459, has been in-
GOVERNOR LON V. STEPHENS 507
operative since the expenditure of the last appropriation
made for its support in 1881. The widespread attention
being attracted to the resources and latent wealth of Mis-
souri by the citizens of other States, and the many in-
quiries being made concerning opportunities for investment,
fruit raising, and the procuring of homes, justify the con-
clusion that the subject is of sufficient importance to merit
legislative recognition/'
I have had no occasion to change my views, and have
appointed an immigration board to act under the law, com-
posed of three of our most active and progressive citizens.
Shall we repeal these laws and send the news out that
we do not wish the immigration of capital and citizens, while
the chief object to be attained by the world's fair is to en-
courage the investment of capital and immigration in
Missouri? The State board of immigration and the World's
Fair Executive Committee should, and I am sure would,
co-operate with each other and be of great mutual ad-
vantage. During my administration I have endeavored to
advance the welfare of the imperial State of Missouri in
every way possible; the interests of the State have been made
my first and highest object, and have received the best
efforts of my life, and I will approve of no bill, which, in
my judgment, will have a tendency to tear down rather than
build up.
I can not approve a bill that will reflect discredit upon
the State abroad and retard its growth in population and
weallh.
Respectfully,
LON V. STEPHENS,
Governor.
508 MESSAGES AND PROCLAMATIONS OF
TO THE HOUSE OF REPRESENTATIVES
APKIL 26, 1899
From the Journal of the House of Representatives, pp. 1205-1206
April 26, 1899.
To the Speaker of the H,ouse of Representatives:
Sir I have the honor herewith to return to the House
of Representatives, without my approval indorsed thereon,
House bill No. 641, entitled "An act to compel the school
book companies to establish agencies in every municipal
township within the State for the convenience of the patrons
of the public schools."
I am compelled to withhold my approval for three
reasons: First, the bill is unnecessary; second, it seems to
me to be an attempt to repudiate binding contracts, and,
third, it is in violation of the Federal Constitution.
The bill requires that an "agent" "be established" by
all companies now having textbook contracts with the State,
"within every municipal township within the State," and
that "said" agent shall be supplied with the various school
textbooks now required to be used in the public schools of
the State. Section 1 requires this agent to deliver to
patrons the book or books on receipt of "the contract price."
If the words "the contract price" mean what they are
declared to mean in the act of March 31, 1897, and what they
are elaborately stated to mean in all the contracts made by
the State with the publishing companies, then this bill, if
it were enforced, would entirely annul those contracts.
That act and the contracts specifically set out three prices,
namely, "the contract price, the retail price, and the selling
price," and the "contract price" in both is declared to "be
the price at which said book or books shall be furnished to
dealers," and the retail price that at which they will be
furnished by such dealers to pupils or patrons. But this
bill compels the dealer to sell the book to patrons at "the
GOVERNOR LON V. STEPHENS 509
contract price," that is at the price at which such dealers
bought the books. Hence, if that is the meaning of the term,
it would require the publishers to sell their books to patrons
of the schools in every township in the State at the same
price they now sell them to merchants; if this is not its
meaning, if it means that an agency is to be established
within every township and the books sold by such agent at
the same price provided for in the existing contracts, then a
new condition is made to attach to them. All of these con-
tracts now require the publishing companies to "furnish
said books to dealers in two or more principal cities or towns
in each county in the State," and if the books shipped weigh
more than one hundred pounds the transportation charges
must be paid by the publishers. But this bill requires them
to furnish the books to dealers in every municipal township
in the State. This is an entirely new condition, and one no
publisher contracted to perform.
The bill also provides that such "agency must be estab-
lished" by the publishers in each township in which there is a
store or trading point. No books may have ever been sold
in such store, or at the trading point. The store keeper may
be dishonest; he may be unable to give the publisher a bond
that he will sell the books at the retail price; he may be
unwilling to contract with the publisher to sell the books at
the small profit stipulated by the law of 1897, and the con-
tracts, which cannot exceed 15 per cent. Yet this bill com-
pels the publishers to establish the agency in every town-
ship in which there is a store or trading point, and if they
fail to do so for any reason, the school boards in the town-
ship may use any books they deem proper. And thus the
act of 1897 would be as to all such townships, repealed and
their contracts to that extent, at least impaired.
It would be dishonest and dishonorable to thus annul a
contract which the State solemnly made. No state can
afford to solemnly enter into an agreement with a publishing
house to supply its schools with textbooks, and then two
years afterwards pass a law that relieves herself of the burden
of that contract unless the publisher does something he did
510 MESSAGES AND PROCLAMATIONS OF
not contract to do. I believe in men standing to their
contracts. And the obligation is equally as binding upon
the State.
All the publishers have entered into heavy bond with
the State that the books will not be sold for more than
"the retail price' 3 stamped on each book, and if such sales
are made by their dealers or agents, with their knowledge,
or consent, these bonds become forfeitable. That fact
makes it necessary for the publishers to be prudent in the
choice of their agents and often to protect themselves by
demanding bonds from the merchants handling their books,
that the books will be sold according to contract.
Under the contract and the law as it is now, any school
board, or any teacher or patron, can obtain textbooks by
sending the amount of the contract price the price at which
the books are sold to merchants to the publishers and pay-
ing the transportation charges. Any merchant in any town-
ship can now obtain any books mentioned in these contracts
by sending the money along with his order, if he convinces
the publisher that he will sell them ai the contract price.
There is also a mailing price, at which any person can obtain
the books from the publishers postage prepaid. The laic
State Superintendent of Public Schools, the Hon. John R.
Kirk, obtained the number of merchants in the State han-
dling these books according to contract, and stated that
some publishing houses have nearly 700 "dealers" and none
less than 400. It must be necessary in the case, that an
enterprising publisher will get a dealer in every town or
village in the State if he can find a merchant there who will
contract with him. If he cannot agree with the dealer now
there, he ought not to be compelled to establish an agency
anyhow, as this bill provides.
The Constitution of the United States, article 1, section
10, says "no State shall pass any law impairing the obliga-
tions of contracts." Chief Justice Marshall said in Planters
Bank vs. Sharp, 6 How. 301: "One of the tests that a con-
tract has been impaired is that its value has by legislation
been diminished. It is not by the Constitution to be im-
GOVERNOR LON V. STEPHENS 511
paired at all. It is not a question, of degree or manner or
cause of lessening its value, but encroaching in any respect
on the obligation, dispensing with any part of its force,
makes such legislation void. 53
As Governor of Missouri, I took an oath to support
that Constitution and if this law is not unconstitutional I
cannot conceive of a legislative act that would be. I,
therefore, return the bill without my approval.
Respectfully,
LON V. STEPHENS,
Governor.
TO THE SENATE
MAY 20, 1899
From the Journal of the Senate, p. 1180
May 20, 1899.
To the President of the Senate:
Sir I have the honor herewith to return to the Senate
without my approval indorsed thereon, Senate bill No. 438,
entitled "An act to provide for the charging and collections
of fees for affidavits, certificates to affidavits, verified com-
plaints or pleadings filed in causes pending before justices
of the peace drawing salaries."
The intent and purpose of this bill was to wipe out and
prevent a vicious and pernicious practice that seems to
exist in cities where justices of the peace are paid a salary,
but, in an attempt to prevent justices from taking affidavits
as notaries, or their clerks from so doing, the bill will be the
cause of as great a wrongdoing as that which it seeks to
correct and prevent, in that it prevents anyone from making
an affidavit before any notary or any other officer and filing
the same in a justice court unless he pays an additional fee
to the justice.
This bill says that if the affidavit is made before the
justice it can be done for the legal fee, but if done before
512 MESSAGES AND PROCLAMATIONS OF
any other officer it will cost a double fee, one to the officer
who takes the affidavit and one to the justice. I commission
a notary public; he is authorized by law and by virtue of his
commission to administer oaths, and his certificate duly
attested with his seal affixed can be filed in any court in
this State without question, but this law says unless you
pay the justice of the peace an additional fee for taking an
affidavit ("whether taken before Mm or not*') the same
cannot be filed without an additional fee to the justice.
The State of Missouri cannot say to its citizens that
they must pay its officers for services they never rendered.
To say that if you go before a notary and pay him for an
affidavit that it is void unless you pay the justice another
fee, is illegal and unjust.
I therefore return the bill without my approval.
Respectfully,
LON V. STEPHENS,
Governor.
TO THE SENATE
MAY 20, 1899
From the Journal of the Senate, pp. 1180-1181
May 20, 1899.
To the President of the Senate:
Sir I have the honor herewith to return to the Senate,
without my approval indorsed thereon, Senate bill No. 123
entitled "An act to amend an act entitled 'Appropriations,
schools, public school book commission, 3 approved March
31st, 1897, by repealing section 12 of said act and enacting
a new section in lieu thereof, to be known as section 12."
I am constrained to withhold my approval for two
reasons: First, the title is wholly defective; second, the bill
attempts to relieve the State of the burden of contracts to
which she had solemnly become a party, and which burdens
she voluntarily assumed.
GOVERNOR LON V. STEPHENS 513
The record of enrolled laws in the office of the Secretary
of State contains no act with the title "Appropriations
schools, public school book commission;" nor one at all
similar thereto. There is an act, which was approved
March 31, 1897, entitled "An act to establish and maintain
a uniform course of textbooks to be used in all the public
schools within the State, and to reduce the price thereof,"
and that act is published at pages 22 to 25 of the Laws of
1897, and the caption thereof, in the printed book is "Ap-
propriations: Schools, Public School Book Commission."
But the caption to the printed law is not its title. It is no
part of the act.
Both houses of the General Assembly vote upon the
title to a bill, but neither the Governor nor any member of
either house ever sees the caption until it appears in the
printed volume. It does not appear in the record where the
law is recorded. It is chosen for the act by the printer, or
by the person who superintends the publication of the laws.
So it is apparent that the draughtsman of this bill, instead
of choosing the title which the Legislature had given to the
act of 1897, chose for the caption given that act by the
publisher. The Constitution says that "no bill shall con-
tain, more than one subject, which shall be clearly expressed
in its title." No bill can have two titles. Either the caption
is its title, or the title chosen for it by the Legislature is its
title, Hence, it seems to me that when a bill undertakes to
repeal another law, and seeks to identify that law by its
title, it is necessary that it be designated by the title made
for it by the Legislature, and not by the caption chosen for
it by the printer.
But there is a much more serious objection to this bill.
II repeals sections 11 and 12 of some law approved
March 31, 1897, presumably the law entitled "An act to
establish and maintain, a uniform course of textbooks to be
used in all the public schools within the State, and to reduce
the price thereof/' Section 6 of that act says that the text-
book commission "shall enter into a contract or contracts,
in the name of the State of Missouri, for a period of five
17
514 MESSAGES AND PROCLAMATIONS OF
years and until otherwise provided by law, with such publish-
ing house or houses whose bid or bids shall have been ac-
cepted," etc. Section 11, which is one of the sections that
this bill seeks to repeal, provides that "from and after the
first day of September, 1897, and until otherwise provided
by law, no textbooks except those contracted for by said
commission shall be sold for use in the public schools of
Missouri." This section gives to the contracting publisher
the right of exclusive sale of such books as the commission
contracted for for at least five years, but if this bill becomes a
law there is nothing to prohibit the school boards anywhere
in the State from supplanting such books with any books
that they may desire. They can ignore the contracts at
pleasure. They may use any books they please. These
contracts would lose all their binding force on the State,
and their value would depend wholly on the action, perhaps
the whim, of the school boards. It may be well to refer to
the language of the contracts themselves. They are all
alike. They begin by saying: "This contract for the supply
of one standard school textbook for use in the public schools
of the State of Missouri for five years from September 1st,
1897, and until otherwise provided for by law * * * made
and entered into in pursuance of "An act to establish and
maintain a uniform course of textbooks to be used in the
public schools of this State, and to reduce the price thereof,"
approved March 31st, 1897, by and between the State of
Missouri, party of the first part, and ,
party of the second part, etc. witnesseth: That the said
party of the second part, in consideration of the rights,
privileges and benefits guaranteed and granted under the
said act above mentioned, does hereby covenant," etc.
What were "the rights, privileges and benefits guaranteed"
by said act? Undoubtedly the privilege of exclusive sale
of the books contracted for by the commission. It is this
privilege that makes the contracts valuable to the pub-
lishers. It was this "guaranteed" privilege that induced
them to agree, and bind themselves by a large bond, to sell
the books at the prices named in the contracts, and yet this
GOVERNOR LON V. STEPHENS 515
privilege, the very consideration for the contracts, this bill
seeks to take from them. The Constitution of the United
States says "no State shall pass any law impairing the obli-
gation of contracts. 95 It must be admitted that any law
that lessens the value of a subsisting contract impairs it.
That being the case, it cannot be disputed that this bill not
only fails in front of the constitutional inhibition, but it
must be clearly seen that, if it is permitted to stand, these
contracts would, before the expiration of the five years,
become practically valueless.
It may be that the contracts themselves are improvi-
dent. It may be that a better law than that of 1897 could
have been framed. But the merits or demerits of the
contracts and of the law do not enter into a consideration
of this bill. The situation is this: The State enacted a law
authorizing a commission to contract for the text books to
be used in the public schools and guaranteed that the
publishers so contracting should have the privilege of ex-
clusive sale of those books for five years, and of this guaranty
or burden the State seeks by this bill to relieve itself. That
would amount to repudiation. Whether that was the pur-
pose of the act or not is not material, so long as that would
be its inevitable effect.
For these reasons, and for those expressed in my veto
message concerning House bill No. 641, I am constrained
to withhold my approval of this bill.
Respectfully,
LON V. STEPHENS,
Governor.
516 MESSAGES AND PROCLAMATIONS OF
VETO RECORDED WITH THE SECRETARY OF
STATE
MAY 24, 1899
From the Journal of the Senate, p.
JEFFEBSON CITY, May 24, 1899.
To the Secretary of State:
Sir I have the honor to forward to you herewith,
without my approval indorsed thereon, the following bill,
which reached me within the ten days next before the ad-
journment of the 40th General Assembly:
House bill No. 89 1, entitled
"An act to appropriate money out of the state treasury,
chargeable to the General Revenue fund, for additional
buildings for the various schools, eleemosynary and penal
institutions."
I withhold my approval from this bill because the
appropriation of $143,850.00, which it carries, is in violation
of the Constitution, for the reason that after the regular
appropriations have been met from the calculations of the
auditor, treasurer, secretary of state, attorney-general and
myself it is clearly shown that this amount will exceed the
receipts for the biennial period.
Respectfully,
LON V. STEPHENS,
Governor.
VETO RECORDED WITH THE SECRETARY OF
STATE
JUNE 5, 1899
From the Journal of the Senate, pp. 1219-1220
JEFFERSON CITY, June 5, 1899.
To the Secretary of State:
Sir I have the honor to forward to you herewith, with-
out my approval indorsed thereon, the following bill, which
GOVERNOR LON V. STEPHENS 517
reached me within the ten days next before the adjournment
of the 40th General Assembly:
Senate bill No. 422, entitled
"An act to amend article 2, chapter 89 of the Revised
Statutes of the State of Missouri, of 1889, by adding thereto
a new section, to be known as section 5S57a."
This bill provides for annual cash surrender values,
payable on demand, or loan values on all life insurance
policies, to be issued after January 1, 1900.
It is clearly shown to me that the practical result of
such a law would be to convert life insurance companies into
savings banks. No life insurance company can do a savings
bank business in my judgment, and the same time furnish
absolutely safe insurance at reasonable figures. It cannot be
a good life insurance company and at the same time a good
savings bank.
If life insurance companies were compelled to pay cash
values on demand, equaling in amount nearly the full net
value of other policies, they would be compelled to keep their
assets invested in such securities which could be converted
into cash upon short notice, or take the serious risk of being
sometimes forced to default upon their obligations. Such
securities are now paying about 2*4 per cent, annual interest
upon their market values, whereas the present investments
of life insurance companies which largely consist of real
estate loans produce from 4 and 5 per cent. They would be
debarred from investing to any great extent in real estate
mortgages, city or farm, for the reason that they would be
liable to run, and in such cases could not convert such se-
curities into cash without sacrifice and great loss.
It may be argued that a company may avoid the re-
quirements of this bill by attaching to its policies a table of
cash or loan values so small in amounts that it could pay
them at any time without trouble or loss. I do not believe
that company could afford or would dare to adopt a sched-
ule of cash values which would be merely nominal or much
less than those in use by other companies furnishing cash
surrender policies. Such action would subject them to much
518 MESSAGES AND PROCLAMATIONS OF
more injurious criticism by their competitors than if cash
or loan values were omitted altogether.
Life insurance is a great benefit to the people of the
State. It helps to protect and maintain the family, and pre-
vents poverty, pauperism and crime. Men should, therefore,
be encouraged, if not required to take and maintain life
insurance, and no action of the law-making power should
tempt them to sacrifice their interests by compelling com-
panies to give them cash values for their policies obtainable
at their pleasure.
The people ought to be permitted to exercise their own
judgment in buying insurance to protect their families, and
if they desire to purchase policies without annual cash values,
they should be allowed to do so. If this bill should become a
law, all would be required to patronize annual cash value
companies, or do without insurance, and there would be
[no] alternative.
A great many companies now issue policies with a cash
surrender value, but there are many which do not. If a
person wants to take out life insurance in a company whose
policies have a cash surrender value, he is privileged to do
so, but if another person wants to make a permanent insur-
ance for his family so that he himself cannot afterwards
revoke it, then he should be allowed to insure in that kind
of a company. There is no law to compel a person to take a
policy in the old line insurance company, but he ought to
be allowed to do so if he chooses. There is no hardship in a
company refusing any surrender value because the insured
enters into the contract with his eyes open, and if he wanted
a policy with a cash surrender value, he could very easily
insure in such a company. There is no justice in compelling
a company to adopt the cash surrender value system against
its will.
No state in the Union has done what is proposed by this
bill. Only one, the state of Massachusetts, has any such
statute, and it only applies to companies chartered in thai
state, and it is a matter of fact that companies of that state
are so restricted in their operation that some of the most
GOVERNOR LON V. STEPHENS 519
desirable forms of policies have been abandoned by them on
account of the law.
Believing the law would be of no benefit to policyholders
that there is no necessity nor demand for it, and that it
would work a hardship and prove a great annoyance to the
life insurance companies doing business in Missouri, I
return same without my approval.
Respectfully,
LON V. STEPHENS,
Governor.
VETO RECORDED WITH THE SECRETARY OF
STATE
JUNE 19, 1899
From the Journal of the Senate, pp.
JEFFERSON CITY, June 19, 1899.
To the Secretary of State:
Sir I have the honor to forward to you herewith,
without my approval indorsed thereon, the following bill,
which reached me within the ten days next before the final
adjournment of the 40th General Assembly:
Committee substitute for House bill No. 785, entitled
"An act to amend an act entitled c An act to create a
board of election commissioners in cities now having or
which hereafter may have over one hundred thousand in-
habitants, to provide for the appointment of the same; to
define the duties of such board; to provide for the registra-
tion of all voters in such cities; to govern elections therein,
defining offenses and providing punishment thereof; pre-
scribing penalties for violating the provisions of this act;
and abolishing the office of recorder and deputy recorder of
voters/ approved May 31 1895, as amended by session
acts approved March 8, 1897, and March 23, 1897, and
March 26, 1897."
520 MESSAGES AND PROCLAMATIONS OF
House bill No. 760, entitled
"An act to provide for the registration of voters in
cities now having or which hereafter may have three hundred
thousand inhabitants or more; to provide for the creation
of a board of election commissioners, provide for its ap-
pointment and define its duties; to govern elections in such
cities, defining offenses and providing penalties therefor,
and to prescribe rules and regulations governing registra-
tion and elections therein, and to repeal all acts and parts of
acts, in conflict or inconsistent herewith."
Respectfully,
LON V. STEPHENS,
Governor.
VETO RECORDED WITH THE SECRETARY OF
STATE
JUNE 21, 1899
From the Journal of the Senate, -pp.
JEFFERSON CITY, June 21, 1899.
To the Secretary of State:
Sir I have the honor to forward to you herewith,
without my approval indorsed thereon,
Senate bill No. 465, entitled
"An act to amend article 3 of chapter 30 of the Revised
Statutes of Missouri, 1889, entitled 'Cities of the second
class,' by adding a new section thereto, to be numbered
1435a, authorizing the city council to erect, maintain and
operate, and purchase water works, gas and power plants,
electric light plants, or any equity therein/' This bill
reached me within the ten days next before the final adjourn-
ment of the Fortieth General Assembly.
Section 1435, Revised Statutes, 1889, authorizes the
common council of a city of the second class to erect, main-
tain and operate water works. This gives ample power to
GOVERNOR LON V. STEPHENS 521
any second class city of our State which is financially able
to erect its own water works.
This same section authorizes the council, in their dis-
cretion, to grant the right to any person or persons, to erect
water works and lay down pipes for the use of said city and
its inhabitants, upon such terms as the council may, by
ordinance, prescribe. Said section also provides that the
right to erect water works and lay down pipes for the use
of said city and its inhabitants shall not be granted for a
longer term than twenty years, and shall not be granted or
renewed unless by the consent of a majority of the qualified
voters of said city, expressed at an election held for that
purpose.
This provides ample means for cities of this class to
secure water facilities, in the event it is expedient from any
cause, for said cities to erect, maintain and operate water
works by the municipal corporation itself. This statute
also protects the citizens against the improvident or indis-
creet acts of a council in making a contract for the supply
of water, by requiring the assent of a majority of the voters
to be given thereto.
Senate bill No. 76, introduced by Senator Haynes, and
which was passed at the last session of the General Assembly,
and is now the law, placed an additional safeguard in the
hands of the second class cities of our State, by adding an
amendment to the former statute, providing that when a
second-class city did contract to and have water supplied
by anyone other than the city itself, the mayor and common
council should have the right by ordinance, from time to
time, to fix the rates to be charged for water.
Under the law, therefore, as is now stands, the cities of
the second class which have contracts with water companies,
which contracts expire, can, by an ordinance, passed by the
city council, fix the rate that the water company shall in
the future charge for its service.
If the water company does not wish to accept the rate
provided by ordinance, ample power is given the city to
erect and maintain its own water works system.
522 MESSAGES AND PROCLAMATIONS OF
This bill attempts to provide an additional method for
acquiring a water plant by a city, and authorizes the acqui-
sition of an equity of redemption. It provides for the pledg-
ing of the income and revenue of such purchased water works
to secure the payment of bonds issued for the purchase price
of such works.
It is not easy to discover why the authority given by
this bill to purchase mortgaged water works and issue bonds
and pledge the income of the water plant should be possessed
by cities of this class. Our law now provides ample means
for cities of this class, financially able, to erect and operate
their own water plants, and in such cities as have contracts
now in force with water companies, it is provided by the
present statutes that the city can arbitrarily fix the water
rates when the existing contracts expire. As to cities where
contracts have not expired the water companies would be
unaffected by this measure, because the General Assembly
by this, or any other act, could not annul or abrogate an
existing contract.
The Constitution of our State wisely prohibits the in-
curring of indebtedness beyond a certain limit by the
counties, cities and towns. This has been deemed a sound
business policy for the cities, counties and towns to follow.
If the acquisition by purchase of a water plant by a city
would increase its indebtedness over the constitutional limit,
under the existing law it cannot be legally acquired. This
proposed law may not be an effort to authorize the acquiring
of a water plant by a city of the second class by assuming
indirectly, through a purchase of an equity of redemption,
of an indebtedness in excess of the constitutional limit,
but it certainly does authorize the acquisition of a water
plant that is mortgaged and encumbered by cities of the
second class, and there is no limit in the amount of the in-
cumbrance.
The theory upon which the limitation on indebtedness
of cities was placed in our organic law was that it was deemed
wise for the municipalities of our commonwealth to remain
GOVERNOR LON V. STEPHENS 523
as near as practicable on a cash basis, and to pay for what
they acquired in cash. This is evident from the provisions
of article 10 of the Constitution, and particularly so from
the prohibition contained in section 12 of article 10, re-
straining cities from becoming indebted in any year in an
amount in excess of the income and revenue provided for
such year without first obtaining the assent of two-thirds of
the voters thereof, and even with the sanction of a vote,
limiting the amount of indebtedness to not exceeding five
per cent of the value of the taxable property including exist-
ing indebtedness.
This cash policy and limitation on incurring of indebted-
ness has preserved and maintained the financial credit of
our State and of the cities thereof.
I do not think it wise to authorize the purchase of an
extensive property, costing perhaps hundreds of thousands
of dollars, and yet have the same heavily mortgaged,
perhaps for millions. I do not think this would be in har-
mony with the spirit of our constitution and law, with refer-
ence to the incurring of indebtedness by municipalities.
It is true, it is provided that the city may pledge the income
of the plant to secure the bonds the city may issue for the
purchase price; but what if the income of the plant is in-
sufficient to meet the interest and maturing bonds? After
all, it is really only an assumption by the city of the debt
in practical effect. It is true the city is authorized now to
incur an indebtedness up to a certain point, and it is equally
true a direct way is now provided for that to be done by the
existing statutes of the State.
For the reason, therefore, that I believe ample power is
now given a city of the second class to erect and operate a
water plant and to protect itself from unjust exactions by
companies where water contracts expire by fixing under the
present law the water rates by ordinances, and because I
believe it unwise and not in harmony with the spirit of our
law or the policy of our State to authorize the incurring or
524 MESSAGES AND PROCLAMATIONS OF
assumption of unlimited indebtedness by our municipalities,
I forward this bill to you without my approval.
Respectfully,
LON V. STEPHENS,
Governor.
VETO RECORDED WITH THE SECRETARY OF
STATE
JUNE 21, 1899
From the Journal of the Senate, pp.
JEFFERSON CITY, June 21, 1899.
To the Secretary of State:
Sir I have the honor to forward to you herewith, with-
out my approval indorsed thereon,
Senate bill No. 22, entitled
"An act to repeal section 4796c, and to enact a new
section in lieu thereof, to be known as section 479Gc, and Lo
amend section 4796g of an act relating to "Elections, pri-
mary: In cities of 300,000 inhabitants or over/ approved
March 5, 1897, with an emergency clause." This bill reached
me within the ten days next before the final adjournment of
the Fortieth General Assembly.
This is an act to be found at page 117 of the Session
Acts 1897, and applies only to the city of St. Louis.
This act amends section 4796c as it appears in the
Session Acts of 1897, in this respect to wit: Section 479(>c,
as adopted in 1897, provides two judges and one clerk for
each election precinct, while the act of 1899 permits, or
rather provides, that from each list submitted there shall be
selected one judge and one clerk for each delegation sub-
mitted, to act at such primary election, unless there are three
or four delegations submitted, in which event only one judge
or one clerk, as the election commissioners may choose, shall
be selected for each delegation. This act of 1899 might
GOVERNOR LON V. STEPHENS 525
materially increase the expense of holding primary elections,
and would only complicate the election machinery by
adding additional judges and clerks. Two judges and one
clerk have been considered sufficient, according to the policy
of our law heretofore, to hold a primary election for a
political party. It must be remembered that this law is to
control an election wholly within a political party, and not
to apply to general elections where different parties are to
be represented at the election. This privilege of having one
judge and one clerk for each delegation might be so abused
as to cause fifteen or twenty judges or clerks in one election
precinct, by politicians or others running different delega-
tions for some ulterior purpose. The election machinery of
the State should be as simple and direct as possible, as inex-
pensive as it can be made, consistent with its efficiency.
Section 4796g is amended by this act of 1899, by increas-
ing the deposit $5.00 a candidate is required to make in
order to be voted for at such primary election, and increases
the amount $5.00 that the members of a political party,
holding the primary election, will have to pay in order to
run a ticket at such primary. The amount is increased in
each case from $10.00 to $15.00, and the qualified voters of
the ward, not less than twenty in number, who may desire
to run a ticket at such primary election, are simply taxed
five dollars additional by this bill. This is not in cognizance
with the spirit of our institutions. I can see no particular
reason why this increase should be made. The ordinary
candidate has a sufficient amount of drain upon his pocket-
book already, and it should not be the aim of our laws or the
policy of our State government to increase the expenses of
those who may desire to become candidates before the people
for the offices to be filled by the voters. The common com-
plaint now is that it costs more money than the office is
worth to obtain it, and the lavish expenditure of money in
elections of the State should be discouraged.
By section 4796i of the act of 1897, it is provided that
the judges and clerks may receive $3.00 per day for their
526 MESSAGES AND PROCLAMATIONS OF
services. If fifteen or twenty delegations were run, and a
judge and clerk appointed from each one, it would enor-
mously increase the expense of the primary election. This
act of 1899 simply makes more cumbersome and increases
the expense of the primary election, which is already, I
think, sufficiently expensive. The act of 1897, as it stands on
the statute books, seems to be a complete law, and I see no
benefits to be conferred by the amendment provided for in
this bill. I therefore forward you the same without my
approval.
Respectfully,
LON V. STEPHENS,
Governor.
GOVERNOR LON V. STEPHENS 527
SPECIAL MESSAGES
TO THE SENATE AND THE HOUSE OF
REPRESENTA TI VES
JANUARY 15, 1897
From the Journal of the Senate, p. 40
STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFERSON,
January 15, 1897.
To the Senate and House of Representatives:
There is now to the credit of the "Sinking fund" in
the State treasury the sum of $106,997.00, and in the "Inter-
est fund" the sum of $361,000.00, making a total of $467,-
997.00, which amount will be augmented by at least $400,-
000.00 within the next sixty days.
These funds can be used only for the purpose of paying
off our bonded indebtedness and the interest upon our bonds
and certificates of indebtedness. No interest will be due or
payable until July 1st next.
Our depositories are paying us an average of 1JHJ per
cent interest on daily balances, while our outstanding bonds,
upon which the State has an option, are drawing 3^ per-
cent interest.
I recommend, therefore, that the Legislature pass a
bill, without delay, making an appropriation chargeable to
the "Sinking fund/' to be used in the redemption and pur-
chase of State bonds, during the years 1897 and 1898, of at
least $1,200,000.00, and that the emergency clause be
attached, so that an immediate call can be made by the Fund
Commissioners for the redemption and payment of such an
amount of bonds as in their judgment the -balance in the
treasury will justify.
528 MESSAGES AND PROCLAMATIONS OF
I further recommend that the Insurance Department be
transferred from the City of St. Louis to Jefferson City.
It seems but proper that all departments of our State be
located at the permanent seat of government. Room for the
departments could be found in the State buildings here, and
the item of rent alone thus saved would be worthy of con-
sideration.
I would also recommend that the fee system as applied
to the offices of coal oil inspector, probate judge, sheriff and
excise commissioner of St. Louis, coal oil inspector of
Kansas City, and all other offices in the State, the fees of
which aggregate $3,000 per year or more, be abolished, and
salaries provided for those offices. Every public officer
should receive fair compensation for the labor which he
performs, but not more. Under the fee system our people
have witnessed the spectacle of a single officer in Si. Louis,
whose duties are not more responsible or irksome than those
of an ordinary county clerk, receiving an annual income
greater than the combined salaries of our seven Supreme
Judges.
Respectfully,
LON V. STEPHENS,
Governor.
TO THE SENATE AND THE HOUSE OF
REP RE SENT A TI VES
FEBRTJABY 25, 1897
From the Journal oj the Senate, pp. S61-S6
STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OF JEFFIORSON,
February 25, 1897.
To the Senate and House of Representatives:
Measures have been introduced in bolh houses of the
39th General Assembly of the State of Missouri asking for
appropriations Lo creditably represent the State of Missouri
GOVERNOR LON V. STEPHENS 529
in the forthcoming Tennessee centennial, to be held in
Nashville, Tenn., during the summer of 1897, and the Trans-
Mississippi and International Exposition of 1898, to be
held in Omaha, Neb.
There are very many cogent reasons why I would urge
favorable consideration of both the measures in question.
In regard to the Tennessee centennial, to be held in
Nashville, Tenn., beginning May 1, 1897, it should be borne
in mind that a large percentage of our most loyal and pro-
gressive citizens are immigrants, or the children of immi-
grants, from the Commonwealth of Tennessee.
In addition to giving emphatic recognition to a most
worthy enterprise, conducted on the native soil of this ele-
ment of our population, it would more strongly than ever
cement the cordial reciprocal relations that now exist be-
tween the two sister states which have so much in common.
The central geographical position, and the marvelous
material endowments of the State of Missouri alike suggest
that commanding influence that nature designed her to
occupy among her sisterhood of States.
The prodigality of nature in lavishing upon this com-
monwealth her choicest blessings of soil, mine and forest,
are matters of general wonder and universal comment.
It would seem that we would be unworthy this rich
heritage unless we exert ourselves to render this natural
wealth available for the uses of civilization and the blessing
of mankind.
If we would transform this latent wealth into instru-
mentalities for the benefit of ourselves, our children and
humanity, we must not hide our candle under a bushel.
We mi\st mvite among us the capitalist, the agriculturist,
the artisan and the laborer to transform these storehouses
of natural wealth by willing hearts and skilful hands into
economic products of universal demand.
There is no means of accomplishing this result so force-
fully and so immediately as judicious displays of our natural
products and evidences of our progress in great expositions
530 MESSAGES AND PROCLAMATIONS OF
where people from all parts of the world will see, inspect and
admire them.
Realizing the truth of these facts, a number of our sister
commonwealths have already made liberal appropriations
for displaying their natural resources at the exposition in
question. Furthermore, in recognition of the value and im-
portance to the welfare of our country of these enterprises,
the general government has also made liberal appropriations
for their encouragement.
The State of Missouri is most happily situated to make
an exhibit of maximum excellence with the minimum of
cost. By a wise provision of the Legislature the splendid
exhibit of this State at the World's Fair has been preserved
and is now the property of our State University. The non-
perishable portions of the exhibits from the departments of
agriculture, horticulture, mines and mining, forestry, fish
and fisheries, ornithology and herbaria are stored at the
University at Columbia and the School of Mines at Rolla.
It will only be necessary for you to authorize a temporary
transfer of these collections to the expositions in question
under proper supervision, in order to make a creditable
exhibit, except as to perishable agricultural and horti-
cultural products, which can readily be supplied fresh,
through the State board of agriculture and the State horti-
cultural society, at small cost.
When it is remembered that the mineral exhibit of the
State of Missouri at the World's Fair was one of the most
elaborate, and, in point of scientific accuracy and excellence,
probably the best there, the ease with which this can be done
will be apparent. Installation fixtures for the mineral ex-
hibit of the most excellent, ornate and durable character aie
also in readiness, such as cases, stands, etc., and can be
placed in position in these expositions at the cost of removal
and installation.
Our herbarium exhibit at the World's Fair was as large
as that of all other exhibits of the same class put together,
and presented to the world about 1,600 species of native
GOVERNOR LON V. STEPHENS 531
flora from the State of Missouri, and this, too, is in perfect
readiness for removal and reinstallation. Our bird and fish
exhibits, in ornate and substantial cases, are also ready for
shipment and installation. There are also many fixtures,
necessary for the making of a horticultural exhibit, that are
ready for the installing of an exhibit of this character. Our
forestry exhibit, consisting of over seventy species of ligneous
flora, and embracing about thirty species of fine commercial
woods, is also ready for immediate shipment and installa-
tion. Our splendid specimens in the geological department
could also be used to an advantage.
In view of these facts it would seem that we could not
be in a more enviable position to reap the advantages that
will inevitably accrue from exhibits of the products of our
State in the expositions at Nashville and Omaha and I
recommend liberal appropriations.
Respectfully,
LON V. STEPHENS,
Governor.
TO THE SENATE AND THE HOUSE OF
REPRESENTA TI VES
MARCH 2, 1897
From the Journal of the Senate, p. 404
STATE OF MISSOURI, EXECUTIVE DEPARTMENT, JEFFERSON CITT,
March 2, 1897.
To the Senate and House of Representatives:
I have the honor herewith to forward to you through
the House of Representatives the Report of the State
board of health for the years 1895 and 1896,
Respectfully,
LON V. STEPHENS,
Governor.
532 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
JANUAKY 13, 1899
From the Journal of the Senate, p. @4
EXECUTIVE DEPARTMENT, STATE OF MISSOURI, JEFFERSON CITY,
January 13, 1899.
To the President of the Senate:
Sir By an act of the General Assembly, approved
April 8, 1895, the sum of $12,000 was appropriated to pay
the expense of having statues of Thomas H. Benlon and
Francis P. Blair executed in marble or bronze, and to have
the same placed in the National Capital at Washington in
the gallery reserved for that purpose.
I have the honor herewith to submit (through the House
of Representatives) the report of the commission named in
said act to carry same into force and effect.
Respectfully,
LON V. STEPHENS,
Governor.
TO THE SENATE AND THE HOUSE OF
REPRESENTA TI VES
JANUARY 13, 1899
From the Journal of the Senate, p. @4
EXECUTIVE DEPARTMENT, STATE OF MISSOURI, JEFFBRBQN OITT,
January 13, 1899.
To the Senate and House of Representatives:
It becomes my duty under section 8, article 5, Constitu-
tion of Missouri, at each session of the General Assembly lo
communicate Lo you each case of reprieve, commulation or
pardon granted, stating the name of the convict, the crime
GOVERNOR LON V. STEPHENS 533
of which he was convicted, the sentence and its date, the
date of the commutation, pardon or reprieve, and the reason
for granting the same.
Under this constitutional provision I submit herewith
my report (through the House of Representatives).
Respectfully,
LON V. STEPHENS,
Governor.
TO THE SENATE AND THE HOUSE OF
REPRESENTA TI VES
JANUAEY 17, 1899
From the Journal of the Senate, pp. 27-28
EXECUTIVE DEPARTMENT, STATE OF MISSOURI, JEFFERSON CITY,
January 17, 1899.
To the Senate and House of Representatives:
It having been brought to my attention that the
present session of Congress will make provision by a bill,
fixing the times, regulating the manner in which, and declar-
ing the character of the accounting between the United
States and the several public land states, relative to the net
proceeds of the sales and other disposition of the public
lands therein by the United States, which shall hereafter be
stated and certified to the treasury department for payment,
or a bill to like effect, and having received the further infor-
mation that the State of Missouri is the only State of the
twenty-one not provided with a commissioner to participate
in this settlement and represent the State in negotiations
pending the same, it is my duty to call your attention to the
necessity for the authorization for the appointment of such
commissioner at as early a date as practicable by action of
your honorable bodies, in such manner as may seem to you
right and proper.
Respectfully,
LON V. STEPHENS,
Governor.
534 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE AND THE HOUSE OF
REPRESENTA TI VES
JANUARY 18, 1899
From the Journal of the Senate, p. S9
EXECUTIVE DEPARTMENT, STATE OF MISSOURI, JEFFERSON CITY,
January 18, 1899.
To the Senate and House of Representatives:
I have the honor herewith to transmit (through the
House of Representatives) the report of the Adjutant-
General for the years 1897 and 1898, together with an
appendix containing various reports of commanding officers
of Missouri regiments etc. etc. and also a complete roster and
index of over 9,000 names of our volunteer soldiers who
served in the late Spanish-American war of 1898.
Respectfully,
LON V. STEPHENS,
Governor.
TO THE SENATE AND THE HOUSE OF
REPRESENTA TI VES
APRIL 29, 1899
From the Journal of the Senate, pp. 8S1-8S&
April 29, 1899.
To the Senate and House of Representatives:
I have the honor to transmit herewith a communication
from the Hon. John B. Weber, Commissioner-General of the
Pan-American Exposition, to be held in Buffalo, N. Y., in
1901, and a committee composed of W. E. Mack, W. H*
Ryan, J. J. Kennedy and Daniel H. McMillan, with request
that it be read for your information and guidance.
GOVERNOR LON V. STEPHENS 535
Missouri, the greatest State west of the Mississippi,
should be represented in a manner befitting her dignity and
importance, and such movement by your body as would
officially recognize the exposition should be immediately
inaugurated. If in your wisdom you deem it inexpedient
to appropriate money from the General Revenue fund for the
use and benefit of the State's exhibit, I would respectfully
request that you pass a measure officially recognizing the
exposition, by empowering the executive with authority to
appoint commissioners, whose duties it shall be to superin-
tend and collect funds by popular subscription to defray
the expenses of proper representation.
Respectfully,
LON V. STEPHENS,
Governor.
TO THE SENATE AND THE HOUSE OF
REPRESENTA TI VES
MAY 3, 1899
From the Journal of the Senate, pp. 860-861
May 3, 1899.
To the Senate and House of Representatives:
The present anti-trust laws of Missouri are fairly well
designed to control combines and trusts that seek to fix and
mairxlain prices only. The legal means to enforce these
laws are not in as good shape as they should be, but the
present anti-trust laws of our State are inadequate to reach
these combinations or trusts which attempt to crush compe-
tition by the members of the trust boycotting non-members.
There has been introduced in the Senate and passed by
it an anti-trust law, known as the "Whaley bill." It is said
by competent lawyers to be a splendid measure, completely
adapted to speedily reach a trust and control its operations.
An amendment to the bill was offered in the House by Mr.
536 MESSAGES AND PROCLAMATIONS OF
Hamilton, Chairman of the Committee on Criminal Juris-
prudence, so as to reach trusts that control competition by
means of a boycott. The amendment was adopted, and it
is so drawn as not to interfere with any organization carrying
on a legitimate business. If associations and organizations
are not controlling competition the amendment will not
affect them. If they are engaged in combining to limit
competition, such organizations should be amenable to the
anti-trust laws of Missouri.
There is, I am informed, a representative of an organiza-
tion operating on the Stock Yards at Kansas City, Missouri,
here opposing the bill as amended. If the organization he
represents does not control competition, the measure will
not reach said association. But if the association he belongs
to does limit competition, then such association should be
subject to the anti-trust laws the same as any other trust.
But the General Assembly cannot, in my opinion, afford
to adjourn without enacting a law on this subject embodying
the principles and remedies embodied in the Whaley bill.
The public mind is all directed toward the enactment and
enforcement of anti-trust laws. The State of Missouri,
occupying as prominent a position as it does in the Union,
cannot afford to not have on its statute books ample remedies
to protect its citizens in pursuing any legitimate calling they
may wish to follow to procure a livelihood for themselves
and families, free from restraints and boycotts and imposi-
tion by trusts and combines.
The recent decisions of the Supreme Court of the United
States show clearly that by reason of the limited powers
of the Federal Government it is unable to compete with
these commercial vampires. The sovereign states alone
possessing all the reserved powers of the people have the
authority to regulate and control these matters:
"The aggregation of capital with a view to the creating
of a practical monopoly is the most prominent feature of the
industrial conditions of the present."
GOVERNOR LON V. STEPHENS 537
"The closing decades of the century will go into history
as the trust period, as the time at which the trust took form
and assumed its gigantic proportions."
"The massing of capital and of business organizations
has created a revolution in the business of the country."
"One of the effects of this change is a large increase in
the productiveness of capital thus employed, while the
profits of the small producers are proportionately dimin-
ished."
It makes a servant and employe of the former inde-
pendent man.
"Its tendency is to degrade the great middle class of
our people, which constitutes the strength and stability of
our political institutions, to the position of employes."
A system adapted to unduly increase the wealth of the
rich and unjustly diminish the resources of the masses is a
national evil. This trust system will soon wipe out commer-
cial freedom and enact in its place commercial slavery of the
masses. Personal freedom and human liberty cannot long
exist where commercial slavery reigns supreme.
The following well considered thoughts from an article
in a law periodical are very timely: "But, while our publi-
cists had hardly whetted their swords to meet this question,
we are confronted with a new monster a thousand times more
terrible. Every student knows how corporations have grown
from a monastic institution to the predominance they now
occupy in the business world; but American ingenuity has
invented a legal machine which may swallow a hundred
corporations or a hundred thousand individuals; and then
with the corporate irresponsibility, their united power be
stored, like a dynamo, in portable compass, and wielded by
one or two men. Not even amenable to the restraints of
corporation law, these 'Trusts* may realize the satanic
ambition infinite and irresponsible power free of check or
conscience. Corporations are bad enough; it is ever of the
defects of the historical growth of law that the conditions
which attend the birth of a legal idea so infinitely differ from
538 MESSAGES AND PROCLAMATIONS OF
those that make possible its greatest development; but the
trust is to the corporation what the mitrailleuse is to a
blunderbuss."
In conclusion, I urge you to promptly pass the needed
legislation on the question.
Respectfully,
LON V. STEPHENS,
Governor.
TO THE SENATE AND THE HOUSE OF
REPRESENTA TI VES
MAY 22, 1899
From the Journal of the Senate, pp. 1202-1205
May 22, 1899.
To the Senate and House of Representatives:
The record of this General Assembly is about made up,
and, looking at it now in its closing hours, it is my opinion
that when the people review the work you have done they
will as a whole approve it. Many needed and wholesome
laws have been enacted. The duties incident to the revision
have been faithfully and laboriously performed by the
members of both branches of this Assembly, Each branch
of the General Assembly has made an honest and sincere
effort, in my judgment, to enact a law upon the subject of
the taxation of franchises. I believe that in their efforts
to enact this legislation the General Assembly truly reflects
the voice of their constituents. I am informed that the
differences between the two houses on this legislation have
not yet been adjusted. The importance of the subject is
my apology for trespassing upon your valuable time at this
stage of your deliberations. The proposed franchise legisla-
tion is, I believe, incorporated in the revised revenue bill,
and a failure to agree upon a franchise law may result in
the defeat of the revision of the entire revenue law of the
GOVERNOR LON V. STEPHENS 539
State, and therefore, the importance of the matter will, I
trust, cause you to pardon me for urging upon you the
necessity, if possible, of arriving at an agreement upon this
question.
Notwithstanding the fact that there is great doubt as
to its constitutionality, I signed the Farris beer inspection
bill. I therefore desire to direct your attention to the
legislation concerning the taxation of franchises, now pend-
ing before the General Assembly. Taxes are collected as
proportionate contributions to public purposes. This is
the theory on which the burden of taxation is imposed on
the citizen. The quasi public corporation owning a valuable
franchise receives the grant of the franchise and the right
to the sovereign power of the State government. If obliga-
tion to pay taxes rests on benefits received and protection to
property rights, then surely all franchises should be taxed.
It will be admitted, I presume, by all that corporate
property which pays dividends should pay taxes.
If the franchise owned by a corporation enables the
corporation to declare a dividend on a certain amount of
value by reason of the use of the franchise, then certainly a
valuable property right exists and should bear its share of
the burden of taxation.
An illustration of the remarkable value of a mere fran-
chise exists in the case of the "Central traction" street rail-
way franchise in St. Louis, which was, I am informed, valued
at more than a million dollars by its owners, although at
that time not one piece of tangible property was owned by
the corporation holding the franchise.
That vast amounts of dividend-paying property in the
shape of f 
