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THE
BREVIER LEGISLATIVE REPORTS.
VOLUME NINETEEN
INDIANA LEGISLATURE.

IN SENATE.

The President pro tem commanded order, and thereupon-

Mr. Coffin offered a concurrent resolution providing for a joint assembling of the two Houses in the hall of the House at 2 o'clock p. m., this day, for the purpose of receiving the Governor's message, and after that to witness the opening and publishing of election returns of the votes cast for Governor and Lieutenant Governor last October; and providing for a Joint Committee to inform the Governor of the passage of this resolution.

It was adopted, and the President pro tem subsequently appointed as said Committee on the part of the Senate Messrs. Coffey and Shaffer.

On motion by Mr. Hefron, the Librarian was directed to furnish each Senator with a copy of the Revised Statutes of 1876,to be returned at the close of the session, or pay the cost price thereof.

The thirteenth vote for Principal Secretary of the Senate was then taken, resulting for C. W. Brouse, 18; O. M. Wilson, 23; J. H. Rice, 7.

Mr. Foster re-offered his resolution rejected yesterday, looking to the presentation of a candidate for Secretary of the Senate, by a Committee to be composed of three Democrats and three Republicans. He saw no reason why such a Committee could not in ten minutes unlock the lock of the Senate, and had been assured there were members on the other side willing to compromise.

Mr. Spann made an ineffectual motion-yeas,23; nays,25-to lay the resolution on the table.

The resolution was rejected-yeas, 25: nays, 25.

Between the fifteenth and sixteenth vote for Principle Secretary-

Mr. Menzies offered a resolution, which was rejected by yeas 18; nays,28; declaring Joel P. Heatwole of Elkhard County, elected to that position.

Mr. Wood nominated Mr.Heatwole just previous to the nineteenth vote, when he received 4 votes; Mr. Rice, 5 ; Mr.Brouse, 16, and Mr. Wilson, 2-.

On the twenty-first vote, Mr. Brouse received 25 votes, and Mr. Wilson 23 votes.

The President pro tem, thereupon, declared Mr. Charles W. Brouse, of Marion County, duly elected Principal Secretary of the Senate, he having received a majority of all the votes cast.

On motion by Mr. Menzies, the Senate proceeded to the election of Assistant Secretary of the Senate.

Mr. Brown nominated Mr. Robert B. Sears, of Vermillion County.

There being no further nominations, the roll was called, and the vote resulted: For Mr. Sears, 45 votes; for Charles F. Robbins, of Decatur County, 2 votes.

The President pro tem. declared Mr. Sears duly elected.

On motion of Mr. Langdon, the Senate proceeded to the election of a Doorkeeper.

The vote resulted: For Allen T. Monroe, of Floyd County, 36: scattering, 11.

The President pro tem declared Mr. Monroe elected.

Mr. Benz moved to reconsider the vote by which Charles W. Brouse was elected Principal Secretary of the Senate.

Mr. Brown made an ineffectual motion-yeas 23, nays 25-to lay this motion on the table.

The question recurring on the motion to reconsider-

Mr. Brown raised the point of order that it was not competent to move to reconsider a vote cast by which an official was elected. The Constitution requires the Senate to choose its officers. Mr. Brouse has been chosen Principal Secretary, and he has some interest in this matter now, and the only way he can be dispossessed is by expulsion.

Mr. Langdon regarded it as a remarkable position for any Senator to take that in the absence of any rules, other than general parliamentary law, a deliberative body can not reconsider its previous action, and could not believe the Chair would entertain that view.

Mr. Bell contended that the point of order was well taken. The election was no an action of the Senate in any sense that may be reconsidered. He could not understand how this claim of the right to reconsider can attach to a proposition like this.

Mr. Chapman thought the point of order not well taken. The vote was upon a propositon as to who should fill the office of Principal Secretary of the Senate. The Senate has taken many votes, page: 14[View Page 14]Switch to Image ModeCLOSE Page 14 and in different forms, as to how that proposition should be solved.

Mr. Brown, interrupting, withdrew his point of order.

The motion to reconsider was rejected--yeas, 22; nays, 26

On motion, the Principal Secretary, the Assistant Secretary and Doorkeeper were severally sworn into office by the President pro tem.

Mr. Foster offered a resolution, which was adopted, informing the House of Representatives of the organization of the Senate.

And then came a recess till 2 o'clock.

AFTERNOON SESSION

Mr. Chapman, from the Joint Committee, appointed to make arrangement for the inaugural ceremonies next Monday, reported the following order of exercises: The Senate and House will assemble in their respective chambers at 1:30 o'clock p. m., and will proceed to English's Opera House in a body, proceeded by Beissenherz's hand. The Joint Convention will be called to order by the President pro tem. of the Senate at 2 o'clock p. m. Music.t Prayer by Rey. Dr. Vernon. Music. Administration of the oath of office to the Governor and Lieutenant-Goyernor elect, by the Chief Justice of the Supreme Court. Inaugural address by Governor Albert G. Porter. Address by Lieutenant-Governor Thomas Hanna. Music. Benediction.

The report was concurred in.

On motion, it was ordered that when the Senate adjourn it adjourns till 1:30 o'clock on Monday afternoon.

A Committee from the House of Representatives appearing at the Bar of the Senate for the purpose of escorting the Senate o the hall of the House, to hear the Governors message, and witness the canvass of votes cast for Governor and for Lieutenant Governor at the last October election.

On motion by Mr. Bell, Senators proceeded in a body to perform that duty.

HOUSE OF REPRESENTATIVES.

The Speaker called the House to order, and Rev. D. F. Kain, the member from Adams County, opened the session with prayer.

The Speaker ordered the reading of the journal, which was proceeded with till interrupted by a messenger from the Senate announcing the adoption by that body of a concurrent resolution appointing a Committee of Three, to act with a like Committee on the part of the House, to make arrangements for the inauguration of the Governor and Lieutenant Governor elect.

Upon motion by Mr. Cauthorne, the concurrent resolution was adopted.

The Speaker made the Committee to consist of Messrs. Carter, Gibson and Meredith.

The House then proceeded to the call of Counties for the introduction of bills.

Under the call, the following described bills were introduced, read the first time, and passed to the second reading:

By Mr. Sinclair [H. R. 21: An act to regulate the practice of medicine within the State.

By Mr Buskirk [H. R. 3]: An act concerning interest and usury-making 6 per cent. the legal rate.

A motion prevailed to suspend the order of business in order to hear a report from the Committee on the case of the member from Crawford and Orange Counties. The Committee reported that they found the election of Mr. Hammond to be clear, but that the certificates of election were issued to Mr. Hazlewood through mistake of the County Clerk.

The House concurred in the report of the Committee, and adjourned till 2 o'clock.

AFTERNOON SESSION

A message from the Senate announced that that body organized and ready to to transact business.

Mr. Hammond appeared an appeared and was sworn in as the member from Crawford and Orange Counties.

Messrs. Edwins and Westfall were appointed a Committee to escort the members of the Senate to the Hall of the House and provide them seats.

Mr. Fancher, from the Committee on Revision of Rules, submitted a report recommending the adoption of the rules of last session, with but few changes.

Mr. Cauthorne, from the same Committee, presented a minority report.

Pending action upon these reports, the Senate entered the Hall for the Joint Convention.

When Senators had been seated on the right of the Speaker's chair in the Hall of the House of Representatives, the President pro tem. of the Senate being seated on the right of the Speaker of the House-

Representative Cauthorne moved that a Committee, to consist of one Senator and one Representative, be appointed to inform His Excellency Governor Gray that the General Assembly is now in session in Joint Convention, awaiting his presence.

The motion was agreed to, and thereupon-

The President pro tem of the Senate made such Committee to consist of Senator Comstock and Representative Cauthorne.

The Committee retired and soon returned escorting His Excellency the Governor to the Speaker's forum, from which Governor Gray delivered the following message;

GENTLEMEN, OF THE GENERAL ASSEMBLY -

Divine Providence has willed that the laws of nature be well executed, and hence, during the past two years the people of Indiana have been blessed with favorable seasons and abundant crops. A condition of great material prosperity inclines men to be contented with whatever form of government they possess; but when united to free institutions, it is Indisputable cause for happiness and deep gratitude. Peace and quiet, with a late exception, have had undisturbed reign through- out the State; there has been great foreign demand for our products; employment has been afforded for all; the administration of our public affairs has been efficient; and in all we recognize a combination of favorable circumstances calling for the most devout thankfulness. Free, prosperous and happy ourselves, we may well sympathize with the oppressed and distressed of the mother countries beyond the sea.

IN MEMORIAM.

Another hand than mine was expected to pen this message which, in accordance with constitutional provision, must be communicated by the Executive to the General Assembly in order that the latter may be apprised of such matters relating to the affairs of State as will aid it to act for the true interests of the people, advised thereto by accompanying recommendations. But "man proposes, God disposes;" and by one of the events which follow in the train of Omnipotent doing, it has been willed that he who addresses you should assume a duty of the gravest responsibility and highest trust. The people rightfully expect of their Chief Magistrate that knowledge of his various duties and attention to their discharge, which would make the task at hand an agreeable Sand familiar resume of affairs connected with his administration. While this doubtless would have been eminently Sue of my predecessor, the opposite may be inferred from my brief tenure of office; and thus it seems that the lamentable misfortune which withdrew from our midst a distinguished fellow-citizen likewise deprived you of a well- tried and capable coajutor. I may, therefore,in the opening of this message, appropriately say page: 15[View Page 15]Switch to Image ModeCLOSE Page 15 hat is due on this occasion of the life and services of our lately deceased Chief Executive, a more than usually appropriate occasion because cer only is a testimonial due him as a high offi- not of the State, but in the predecessor of the body here assembled for a longer period than ever by any other citizen, he represented a local constituency and began that career ultimately crowned by the greatest honor of our proud Commonwealth. His career as a public officer was almost exclusively identified with State affairs and the experience gained by his long services in the General Assembly strongly qualified him in that administrative capacity shown in later years.

Governor Williams's success was self-made. His instruction in youth was mainly the rugged vicissitudes of pioneer life. Lacking the present opportunities afforded young men, he possessed instead a native good sense and sterling honesty which formed a character molded by the influences of the primitive time in which he grew up to manhood. His personal habits were simple and manner unpretending. Whatever public responsibility he bore, he exhibited the part of a constant, faithful, useful servant. I might endeavor to spend words in his praise, but they could not add to the brightness of the name of an honest man which he has left behind. He carved out an honored destiny for himself, roughened as was its beginning by adversity. He died beloved and respected, his death occurring in this city Saturday noon, November 20, 1880, at near the completion of his seventy-third year. Suitable obsequies were attended by the officers of the State, the Governors and officers of adjoining States, and citizens of this County, at this city; by citizens of other Counties along the route of the funeral procession; by the citizens of Knox County and our distinguished guests, at Vincennes, and at the village of Wheatland; and finally by his relatives and immediate neighbors at his home, where he was laid to rest beside his aged wife, who preceded him but a few months to their grave, whose loss he could not endure, and over whose grave the grass of coming springtime has yet to grow.

Acts of 1879.

Your immediate predecessors closed their labors March 31, 1879. As required by an act to provide for the prompt publication of the acts of the General Assembly, the acts of the two sessions, bound in one volume with the "accurate statement of the receipts and expenditures of the public money" required by the Constitution, were so "published and circulated in the several Counties of the State by authority" within sixty days thereafter, that by the receipt and filing of the same in Kosciusko County they took effect May 31, 1879, at 4 o'clock p.m., as evidenced by the of the proclamation of the Governor of June 3, 1879.

An act regulating the working of mines, approved March 8, 1879, having taken effect May 1, 1879, the Governor within thirty days thereafter, as authorized by Section 17, appointed Herbert H. Richards, of Ascension, as Mine Inspector. His first annual report is transmitted for your information. It shows 177 mines in seventeen Counties of the State, with an invested capital of $1,135,562, employing 3,459 men and producing 1,196,490 tons of coal. The Mine Inspector derives his compensation from fees collected from the operators of mines. It will be for you to determine the propriety of paying him a fixed salary.

Under the provisions of the act of March 10, 1879, providing for the submission of

PROPOSED AMENDMENTS TO THE CONSTITUTION

to the election at the spring election, held on the first Monday of April, 1880, the number of votes for and against each amendment was announced by proclamation of the Governor, and published April 18, 1880. In a case arising at a city election in May, appealed to the Supreme Court and determined in June, the question of the ratification or rejection of Amendment No. 1 was involved, and, as a matter of law and judicial knowledge of historical facts, it was held that a majority of the electors of the State had not ratified the same, and, therefore, that such amendment had not become a part of the Constitution. Although the number of electors voting for other amendments proposed was larger than the number of those voting for the first,' the principle settled has been accepted and acted upon with reference to all. If the enumeration of male inhabitants over he age of twenty-one years required by the Contstitution and made the basis of an apportionment of Senators and Representatives, and Representatives in Congress among the several Counties be accepted as a census of the electors of the State during the ensuing six years, and an affirmative vote of more than one-half that number be necessary to ratify a submitted amendment, the problem is easily solved and comprehended by any one familiar with the passage of bills through your two Houses. If it be enough that a majority of those voting shall favor a proposed amendment, it should be submitted to the electors at a special election in order that no question could arise as to whether the amendment had received a majority of the votes cast. It remains for you to provide for again taking the sense of the electors of the State, or in your large discretion to declare that he amendments proposed have ceased to be living issues before the people, and are no longer awaiting the action of a succeeding General Assembly or of the Electors."

It is nearly thirty years since the present Constitution of the State was adopted, during which time the State has increased in population from less than 1,000,000 to nearly 2,000,000. The in- crease in wealth and business has been equally great. In view of the facts that some of its provisions have become obsolete, and that experience under it has suggested many important changes and amendments, I recommend that the calling of a Constitutional Convention, believing that to be the best mode of revising the organic act of the State I would further recommend that the Convention consist of fifty members chosen from the Senatorial Districts. I believe the body would be large enough, and with the old Constitution before them as a guide, many of the provisions of which would undoubtedly be incorporated in the new, the sitting of the Convention need not necessarily be protracted for any considerable length of time. But if you should not deem it advisable to call a Convention, I recommend the revision of the proposed amendments, and in addition to those recommend an amendment make in the tenure of all the State offices four years, the incumbent to be eligible only four years in every period et years, the election to occur tween the Presidential elections, so as to eliminate State from National politics. I can see no good reason why the Governor, Lieutenant Governor, Clerk and Reporter of the Supreme Court should be elected for four years, and the Secretary Auditor and Treasurer of State for two years. A like provision for equalizing the terms of County officers would doubtless be favorably received.

THE ASYLUM FOR FEEBLE-MINDED CHILDREN,

established at Knightstown, Rush County, by the act approved March 15, 1879, was intrusted to a board of three 'Tustees, consisting of John P. Early, Robert D. Brown, and B. F. Ibach, appointed by the Governor for terms of four and two years from April 1, 1879, and was made ready to be opened on the 1st day of November, 1879 The small appropriation was drawn upon for salaries and stationery a printing in the sum of $400.10, leaving an unexpended balance of $1,599.90 at that date

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THE ACT OF MARCH 21,1879, CONSTITUTING THE
FORTIETH JUDICIAL CIRCUIT

of two of the three Counties forming the Thirty- fifth Judicial Circuit, expired by limitation October 1, 1880, and by its terms the three Counties are again to be regarded as one Circuit. It has given rise to some conflict between persons claiming, by elections in 1876,1878, and 1880, and appointments in 1879, to be Prosecuting Attorneys for the two parts of the old Circuit and the Circuit as newly restored.

THE ACT OF MARCH 31, 1879, TO PROVIDE FOR
THE INSPECTION OF MINERAL OR PETROLEUM
OILS FOR ILLUMINATING PURPOSES,

was put in process of execution June 6, 1879, by the appointment of Hilary Clay as State Inspector of Oils. His report for the calendar year 1879, required by Section 4 of the act, to be made and delivered to the Governor on the second Monday in January last was not made, and consequently the information expected from that source can not be communicated to you.

THE BUREAU OR DEPARTMENT OF STATISTICS
AND GEOLOGY,

established by the act of March 29, 1879, was made an active agent for the collection and dissemination of the information contemplated by the appointment of John Collett, a suitable and eminently qualified person, to act as chief. His first annual report, received March 1, 1880, and published in a volume of 515 pages, contains much general and detailed information relative to our now great and prosperous State. A special edition of the first pages was published in a pamphlet, and extensively circulated in foreign countries as an invitation to emigrants and capitalists and a demonstration of our resources as a community. As required by the act, the chief rendered a detailed statement, accompanied with vouchers for all moneys expended by him in carrying out the provisions of the act. It is published in the report page 42, and the vouchers remain on file in the Governor's office. The reports have been prepared under manifest difficulties.

The law strictly construed is found to require information from minor officers only, leaving answers to the discretion or option of those having records of most value. Of the great mass of facts and figures collated, a few may be cited as examples. The population of the State was set forth in 1879 by decades, showing the rate of increase and affording an estimate for 1880 at 2,052,163. This was modified in 1880 to 1,976,261. The near approach to accuracy of this estimate is shown by th census report, which gives our population at 1,978,858, a difference of but 2,597. A discrepancy between the number of tons of coal reported to the Mine Inspector and the value of mined coal reported to the Bureau discloses the extreme of inaccuracy. One will not exceed, in value, $2,000,000; the other will exceed $25,t00,000, a difference of $23,000,000. The present appropriation will expire May 1. It will be your duty to supply further means and additional facilities, if the Bureau is to be continued. The detailed statement of expenses for the past year was rendered as before, and is communicated herewith.

As soon as the act of March 29 1879; to authorize the transfer to the United States of the title of this State to

ANTIETAM NATIONAL CEMETERY

took effect as a law, a copy was transmitted to the resident, and one to the Governor of Maryland, as required. A report of the partial

SURVEY OF SWAMP LANDS AUTHORIZED BY JOINT
RESOLUTION NO. 22

is made by the secretary of State. The bills of account for services rendered under the contract were approved by the Auditor and Secretary of State, as well as by the Governor, and paid, upon his requisition, out of the moneys appropriated for his "Civil Contingent Expenses." They are reported herewith an in detail, as required.

As authorized by Joint Resolution No. 45, the books, records, papers and documents appertaining to the Morgan Raid Claims were transferred from the Governor's office to the Adjutant General's office, and many, if not all claimants, have had opportunity to present their applications for relief to the General Government.

Joint Resolution No. 46, assuming to authorize a release of the title of the State to a parcel of real estate in Southport, Marion Count, has been deemed incapable of execution, because lacking the force of law and uncertain in its requirements.

Under authority of Concurrent Resolution No. 39, John A. Finch was appointed by the Governor as a member of a Commission, whose duty has been to prepare and present for your consideration a bill for an act embracing a codification of the insurance laws of the State as amended, with additional sections and provisions.

THE BENEVOLENT INSTITUTIONS.

The persons nominated by the Governor and agreed to by the Senate, for the offices of President of the Boards of Trustees of the three Benevolent Institutions at the capital, and for Trustees for each, under the act of March 6, 1879,were appointed and commissioned within five days, and gave bonds and were sworn, as required. Their reports for the year 1879 were necessarily voluminous, and together make one large volume. The Board of Trustees for the Institution for the Education of the Blind organized March 15, 1879. As required by Section 4 of the act, the superintendent made out and delivered to the Board an itemized inventory showing the real and personal property belonging to the State and connected with the Institution in the sum of $373,139 40. The like report. inventory and statment, made at the close of the year, showed real and personal property in the sum of $372,122.50. The year's expenses were $26,307.48, the attendance being 108, and the cost per capita being $243.58.

The death of Joseph Ristine a vacancy was occasioned in the Board of Trustees, which was filled by the appointment of Daniel Mowrer.

The Trustees for the Institution for Educating the Deaf and Dumb organized March 15, 1879. The inventory of real and personal property connected with the Institution was returned by the Superintendent, April 8, in the sum of $485,701.67. As returned at the close of the year the valution was $488,378.39. The ordinary expenses for the capita year were in the sum of $55,855.36. The cost per capita being $159.62. There were 392 pupils received, fifty-one dismissed, and 341 remaining at the close of the year.

The Board of Trustees for the Hospital for the Insane organized March 14, 1879, and, April 28, 1879, received from the Superintendent his inventory and report, showing the real and personal property connected with the Hospital in the sum of $1, 308, 804 91. At the close of the year the valuation was $1, 391, 462 96. The Department for Women was so far completed as to admit of the furnishing and formal opening of all but two sections of the north wing. The furnishings cost $21,549.02. The female patients and their attendants and physicians, and the necessary subordinates and administrative force were removed from the old Hospital (now Department for Men) on the 21st of October, 1879, and installed in the new and comfortable quarters provided at great expenses of time, money and official care. During the year, 615 patients were admitted into the Hospital, 532 were discharged and 69 died, leaving 629 at the close of the year. The average daily num- page: 17[View Page 17]Switch to Image ModeCLOSE Page 17 ber during the year was 626, and the average cost of maintenance per capita was $191.31, the total disbursements for maintenance being $120,093.23. A careful census of the insane population of the State shows 1,453 in the Jails and Poor Houses of the Counties and in private charge, and 629 in the Hospital, being 2,082 in all.

Annual Reports, 1879.

Reports required by the act of February 3,1853, and other statutes for the year ending October 31, 1879, seventeen in all have been published in two volumes, and are laid before you for your information. A diligent examination and mastery of their contents will enable you to estimate the value of the legislation of that year, and to easily understand the recent reports of the officers and institutions,and promptly determine upon measures recommended and means asked from the Treasury by them.

THE SECRETARY OF STATE

communicates a condensed report on the executive business transacted through his office and a register of persons holding offices under the Constitution of the State. The expenditures for public printing and stationery during the two years ending June 30, 1879, and the specifications, contract and bond for the ensuing two years are fully shown. Printing lithographing and binding cost $30,113.86: stationary, $4,518.33. The existing contract is regarded as favorable to the State.

But two-thirds of the appropriation for the fiscal year 1879 was expended.

The Attorney General reported the fines assessed ($36,733) and forfeitures entered ($18.277) during the year in the several Counties; in all, $55,010.

The transactions of the

TREASURY DEPARTMENT

are shown by the reports of the Auditor of State and Treasurer of State, which are in harmony and are simplified by the careful administration of the law creating a treasury system. The total valuation of real and personal property reached $884,68,828, being an increase of $33,751,841. The valuation of tracks and rolling stock of the rail- roads as equalized was $38,019,926. The general fund had and received during the year $2,202,379.95, and disbursed, $1,975,926.04, leaving October 31, 1879, $226,584.91. The receipts included $510,000 of the temporary loan, being the proceeds of a renewal. The payments included that amount used in discharge of matured bonds of the temporary loan, an d $200,000 transferred to the New State House fund, as required by act of March 13, 1879, and the interest on the non-negotiable bonds held by the school fund in the sum of $234.28.99, and $58,421.82 of accrued interest on temporary loan, war an and internal improvement bonds. The total debt of the State October 31, 1879, was $1,998,178.34, of which $1,093,395.12 was foreign and $3,904,783.22 was mestic. The College fund, held by borrowers was $109,700.55. A list of a large number of parcels of land forfeited to the State, and held for the use of the College fund, was reported. The Fire and Life Insurance Companies of other States and countries, doing business in the State, received during the year ending June 30, 1879, $2,171,136.26, paid losses in the sum of $1,109,903.98, and were taxed $34,513.77, a considerable of which was soon paid. The reports of examinations of twenty banks of discount and deposit, under authority of the act of February 7, 1873, are communicated by the Auditor and pronounced very satisfactory. The appropriation act of March 10, 1877, provided for two years and seven months. The appropriation accounts both the Auditor and the Treasurer show th exactness the condition of each appropriation and the unexpended balances at the close of at period, pursuing the order and conforming the terms of the act with such faithfulness as a prudent man would exercise in a safe banking business. An interesting classification of the expenses of the State Government discloses their nature at a glance, and will aid your Committees in speedily framing an appropriation bill for the ensuing two years.

THE SUPERINTENDENT OF PUBLIC INSTRUCTION

in a compact report showed the steady growth of the school attendance, school funds, school revenues and school property during the year as follows: Teacher 13,590; Enumeration, 708,101, an increase of 8,948. Houses erected 394; Enrollment, 503,892: school fund, $9,068,581.96, an increase of $94,126,41; tuition revenue, $2,861,837.48; valuation of school property, $11,787,705.37.

THE TRUSTEES OF PURDUE UNIVERSITY

reported increasing prosperity of that institution, the endowment fund having reached $338,000, and the attendance being 195.

THE TRUSTEES OF THE NORMAL SCHOOL

showed that 2,325 had received instruction in the school since its organization, and 530 attended during the year, of whom entered for the first time. Because of ill-health, William A. Jones, President of the Faculty from its organization resigned; and George P. Brown, long identified with the schools of Indiana, was appointed as his successor. Because of the reduced appropriation the Board charged each student a janitor fee each term. The expenses were $18,491.50 for the year.

No report was made by the Trustees of Indiana University.

THE BOARD OF STATE HOUSE COMMISSIONERS,

as required, made a statement of the cost of the building, and a list of vouchers, showing the total expenditures up to December 31, 1879, $182,577.37. Having received credit for the $200,000 appropriated from the general fund March 13,1879, their balancne in the Treasury was $186,096,07.

THE INDIANA HORTICULTURAL SOCIETY

accounted in detail for the small annual appropriation-$300 received from the State Treasury, together with its other revenues derived from its members, The transactions of the annual meetings were published in separate volumes, at the expense of the State, those of 1877 costing $259.09; those of 1878, $253.92.

THE STATE BOARD OF AGRICULTURE

made its twenty-ninth annual report in a volume of 560 pages, containing information of value relative to the soil and climate of our State; the amount and value of our products for a term of years: the State, County and District Exhibitions; the meetings of the ten Industrial Associations having headquarters in the Agricultural Rooms, and discussions as to the best means to promote the development of our material resources. Not least in interest is an appendix containing a report of the meeting of the Indian Pioneer Society, an a list of persons who have resided in the State during its history, suggesting that valuable witnesses yet live whose testimony should be perpetuated in permanent form to interest and instruct the present and coming generations.

THE SOLDIERS' ORPHANS' HOME

had 199 inmates and expended $33,585.43. The Board found many inmates who had fathers living, and, being indisposed to cast them out, recommend that the law be so modified as to permit the retention of those now there and the reception of others who may apply.

THE PRISON SOUTH

had 626 convicts, received, 261; discharged and lost, 294, leaving 593 at the close of the year a daily average of 624. Of these 495 were on contract, being the full 80 per cent. estimated avail- able for labor-the prce, except for fifty, being forty-five cents per day. The earnings for the page: 18[View Page 18]Switch to Image ModeCLOSE Page 18year were $48,706.98 and were paid into the State Treasury with other receipts. The expenses were $70,760.83, leaving an unexpended balance of the appropriation of $1,650.60. There were but six deaths during the year.

The Board of Directors, elected by your predecessors, and commissioned for a term beginning March 11, 1879, secured possession of the Prison North, October 1, 1879, after litigation involving an appeal to the Supreme Court. There were 542 convicts in the prison, a decrease of sixty-three of whom 470 were on contracts at prices from 30 to 55 cents per day. There were nine death during the year. The Directors urge that the prison, having accommodations for 800 convicts, should have an enlarged contributing district; that in- sane convicts be specially provided for; that facilities for bathing be afforded, and that a laundry and a new residence for the Warden be erected at once. The earnings were $69,259.49; the expenditures $68,779.57, an excess of $479.92, showing that the prison was self-sustaining.

The House of Refuge for Juvenile Offenders had 383 inmates at the beginning of the year- received 107 and recalled 21, in all, 128; discharged, dropped and lost by death, 183; leaving 330 at the close. Earnings and receipts from sales amounting to $5,249.71 were paid into the State Treasury. Of the annual appropriation of $53,000, $42,500 only was used, the unexpended balance of $10,500 remaining in the Treasury. The amount charged to Counties was $20,989.47. The actual outlay~of the State was $16,261.82. Of this, $4,84.74 paid for buildings and improvements. The gen- general health of the boys was good, three only having died during the year, one of whom was accidentally drowned.

THE FEMALE PRISON

had at the beginning of the year forty-five convicts, received twenty-one, discharged twenty- four and lost one by death, leaving forty-one at the close. In the

REFORMATORY

were 149 girls at the beginning and 147 at the close of the year, fifty-two having been received and five returned and fifty-nine having been dis- charged, released and lost. The appropriation of $21,500 for current expenses was expended, as was $6,389.50 of the specific appropriation for sewerage, fire escapes and repairs.

Annual Reports, 1880.

THE EXECUTIVE DEPARTMENT.

As required by the Constitution, I respectfully transmit a report to you of each case of reprieve, commutation or pardon granted, and also the names of all persons in whose favor remissions of fines and forfeitures have been made, and the several amounts remitted during the years 1879 and 1880 by my predecessor in office and myself.

The Governor, in the absence of statutory regulation, is clothed with the sole exercise of the pardoning power. When judiciously exercised, it may aid materially in carrying out the constitutional intent that the offender's punishment shall be with a view to his reformation. If care is taken in the examination of applications for pardons, and the decision be made on the merits of: the case, violence will seldom be done thereby to the administration of justice. A Board of Pardons divides the responsibility, and is apt to increase the number of pardon attorneys and beget a system of pardon brokerage. I am convinced that the responsibility as it now exists is properly placed.

As required by the provisos of the acts of 1877 and 1879, making appropriations for the expenses of the, State Government, I respectfully report for the year 1879 "all expenditures from the civil military and office contingent funds" of the Governor, and from November 1, 1879, all expenses for the officers of State whose bills of account for expenses actually incurred have been approved by the Governor.

Until the beginning of the present term, January 8, 1877, the salary of the Governor had for many years amounted to $8,000 per annum, and until then, for a long term of years provision had been made by appropriations for the assistance of the Governor in discharging the duties of the office, of the sum of $5,000 per annum at the least, sundry miscellaneous expenses being met under authority of a general statute without limit beyond a sound discretion. Entering upon a term of four years' service at a salary of $6,000, being a reduction of one- fourth, the Governor had the guaranty of the Constitution that his "compensation" should not be "diminished during the term for which he shall have been elected." Legislative construction of the Constitutional provision had in many acts recognized and adopted the broad legal meaning of the word "compensation" as embracing more than the Governor's personal salary. By act of March 10, 1877, the aggregate amount provided for the expenses of his office was reduced $90 per annum, but the amount allowable to each assistant and for incidental expenses was made to appear upon the the face of the act, and for that reason was satisfactory. By the act of March 25, 1879, this provision was further reduced more than one-half, s that, while at the beginning of the term, when his contracts for service were made, that part of he Governor's "compensation" designed for his office expenses was $5,000 it was made $1,800 from November 1, 1879. Of this, $300 was set apart for incidentals, less than $200 of which was used, as will appear from the report now communicated. It will further appear from the required report that the contingent funds at the Governor's disposal were used with such careful economy that the unexpended balances will almost equal the Governor's salary as now fixed for a full term.

THE ADJUTANT GENERAL

two years ago made a very full and complete report, much of which is yet worthy of your consideration. A recommendation that the militia be reorganized was followed by the introduction and discussion of an elaborate bill, but no new legislation resulted. Your attention is especially called to the fact that of the $30,500 appropriated by Section 23 of the act of March 11, 1867, the sum of $16,990,71 was held by the State at the date of the act of March 10, 1877, making appropriations and is vet unpaid because of the supposed repeal of the former section by Section 6 of the latter act. This money was received from the General Government for the pay of members of the Indiana Legion and Minute Men, and is held in trust for them. The amount due each man was fixed and determined many years ago. A new appropriation of the unpaid balance should be made for payment as before, on certificates of the Adjutant General.

THE QUARTERMASTER GENERAL

reports the companies holding arms of the State, including four Gatling guns, the persons having custody of cannons, and a list of the arms and ammunition in the Armory. He has derived $1,086.25 from sales of condemned and unserviceable arms, and $749 26 from sales of cartridges and ammunition, making in all, $1,835.51 paid into the Treasury. It will be remembered that our supplies of ordnance and ordnance stores come from the Ordnance Department of the General Government, under authority of the act for arming the militia. The State should at least make adequate provision for the care and custody of her munitions of war, that nothing be wasted or lost in issuing, using and returning them.

THE SECRETARY OF STATE

shows the executive business issuing through page: 19[View Page 19]Switch to Image ModeCLOSE Page 19 his office during the year to include 518 commissions to State, Judicial and County officers, 1,493 to Justices of the Peace, 840 to Notaries Public and twenty-four to Commissioners of Deeds, with requisitions for sixty and warrants for forty-four fugitives from justice, and adds much other matter, constituting a valuable official register and compendium of rules of executive practice. The summary of our public printing shows a gross expenditure of of $590,629.75 during eleven years-from 1865 to 1875-an average of $53,420.88, while during the existence of the Bureau of Public Printing and Stationery from July 1, 1875, to December 31, 1880,a period of five and one-half years-the expenditure was but $98,958.49 for printing, binding and stationery, being an average of $17,992.44, and an average annual saving of $35,428.44.

THE TREASURY SYSTEM.

In obedience to a request the Governor, by letter of September 6, 1875, to the Treasurer of State, being an administrative reform, putting the business of the Treasury into exact accord with the law of March l, 1859, accounting strictly for all appropriations and rescuing the trust funds from diminution and waste by the confusion of moneys, which had resulted in large losses to some of them. The elaborate reports of the Auditor and Treasurer for that year will show how much was accomplished in a few weeks by carefully tracking the requirements of a statute which had been neglected and despised for sixteen years. Five years more have served to so fix the system as a part of the executive machinery that it can hardly be removed. By the appropriation act of March 10, 1877, this work was recognized, and from that time forth, if not before, it could be said with truth that "no money shall be drawn from the Treasury but in pursuance of appropriations made by law." By Section 3 of that act payments made during the first five months of the year, by virtue of any existing law, were "taken and accounted as an appropriation and payment for such part of the current fiscal year" as was covered thereby; all other appropriations were made to cease and determine on the taking effect of the act, and all persons intrusted with appropriations were required to make their accounts and reports conform to the fiscal years. Provision was then made with minuteness of detail, for the several branches of the public service, for the seven months from April 1 to October 31, 1877, and the years ending October 31,1878, and October 31, 1879. Having adjusted the accounts, under authority of Section 3 and closed them, and having, by appropriation accounts, credited each officer and institution with the amount that could be lawfully used, auditing was thenceforth a matter of simple subtraction from credit balances with a jealous eye upon that minus quantity, an overdraft, which is equally obnoxious to the Constitution and to safe private banking. Again, your predecessors, approving a rigid enforcement of the system, by an act approved March 25, 1879, made appropriations for the fiscal years ending October 31, 1880 and October 31, 1881. So much as relates to the former period has been almost entirely executed. The unexpended balances carried forward November 1,1879, amounted to $117,663.05. To this was added $1,230,278.67, authorized by Section 2 of the act of 1879, making $1,347,941.72. Under this authority payments amounting to $1,202,762.07 were made, leaving a credit balance of $145,179.65 (less $98.12 of overdrafts) to be carried forward, as required by Section 4, and added to "the same several amounts for the same several purposes" for the current year, with $12,900 more for printing and publishing the laws to be enacted by you. It is a curious anomaly in our State politics that those to whom the people of the State are most indebted for the unsparing analysis and simplification of its most important department business, after having laid bare and demonstrated its minutest details for inspection and legislative action, were among the first to receive the keen blade of the pruning knife, under guise of a false economy, and, as a non sequitur,be retired from the public service.

The reports of the Auditor and Treasurer of State constitute such a verified exhibit of the entire fiscal transactions of the State as will safely guide you in your examination and study of the several offices and institutions supported by public moneys. The Auditor of State reports,for the fiscal year ending October 31, 1880, a complete Statement of the revenues, taxables, funds, resources, incomes and property of the State known to his office, and of the public revenues and expenditures, with a detailed estimate of the expenditures to be defrayed from the Treasury for the ensuing two years. By the act of March 3,1877 "to levy an annual tax for the purpose of raising revenue," the annual levy ws fixed at twelve cents on the one hundred dollars of the value of all property, real and personal, as by law listed, assessed and valued for taxation, and fifty cents on each taxable poll. The proceeds of that levy, with delinquent taxed, docket fees and taxes otherwise collected, and amounts reimbursed by Counties, and received from Prison contractors, were sufficient to defray the expenses of the several departments and institutions in whose favor appropriations were made. The general fund had and received during the year $1,704,194,83, and disbursed $1,199-299.89. leaving, October 31,1880, $504,894.94. being a gain of $278,310.03, and $359,715.29 in excess of the unexpended balances chargeable thereon.

The total value of the taxable property was $728,944,231. The valuation of railroads, as equalized, was $38,442,941. The public debt was, at the close of the year, $4,998,178.34,not having been reduced during the past two years. Of the foreign indebtedness, certain internal improvement bonds, long past due, have been presented for payment, but are in litigation upon so much of the demand of the holder as relates to the interest, which should be paid. The interest charge upon our entire indebtedness was $293,008.81 in 1879, and $289.465.07 in 1880.

The Treasurer of State, in compliance with law, presents "a full exhibit and statement of all moneys received by him into and paid out of the Treasury, showing under separate and appropriate heads on what account or from what source received, and for what particular object or service the same has been paid out." You will be interested and insructed by the eleven tables, or statements, constituting an exhibit of remarkable clearness e to any tax-payer in the State. The last discloses the collections into the General Fund during five years past on account of the Benevolent and Reformatory Institutions in the sum of $266,613.75 This money was formerly paid over to the Institutions without the formality of a new appropriation, and its treatment under existing law carries it into the unappropriated funds of the State. If the appropriations during that period appear to be increased,this sum would apparently be saved to the State.

The Treasury statement for the month ending November 30, 1880, shows the cash in the Treasury at the close of business on that day to have been $1,010,995 14. The amount belonging to each particular fund is published as follows:

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I desire very earnestly to call your attention to the fact that the official bond required of the Treasurer of State, the custodian of this large sum of money, is in the penalty of $150000 only. Nearly twenty-two years have passed since the penalty was fixed. I suppose in 1852 $100,000. as then fixed, was ample security, and in 1859 the amount then required was proper; but the fact that an officer often holds more than six times the penalty to be paid, and rarely less than twice the amount, shows that our prosperity as a State has largely exceeded our provision of safeguards for our revenues.

THE NEW STATE HOUSE.

Having made a detailed report of their proceedings from the date of their qualification to December 31,1878 and published the same in book form for the information of your predecessors and the people of the State, the State House Commissioners have prepared and submitted a second biennial report for your information, being for the two years ending December 31, 1880, and containing facts relative to their execution of e trust conferred upon them from the first. The entire cost of the building is by law and heavy penalties limited to $2,000,000. So far the sum of $644,37.92 has been placed to the credit of the new State House fund, and $378,337.84 paid on allowances of the Board, leaving $286,039.08. Of this sum $200,000 was paid out of surplus revenues the general fund under authority of the act of March 13, 1879. Revenues levied and collected under authority of that act and delinquent taxes of 1877 and 1878 assessed and collected under authority of the act of March 14,1877, are still coming into available for use during the present year. It will be your duty to provide further means for continuing the work.

Being required to provide temporary quarters for the General Assembly and for the officers occupying the State House when the law was enacted and to meet other expenses in no way relating to the contemplated new building, the Commissioners even with abundant advice and after solemn judgments of Courts against them have feared they might become amenable for a diversion of the moneys placed at disposal, or each being under bond that they would not be justified in applying all of that sum to payment for the building proper by so much as may have been used for other purposes, They greatly desire and should have such legislative interpretation of the act of 1877 as will enable them to classify their disbursements and strictly comply with its requirements, being protected from liability growing out of misconstruction of the same.

The estimated cost of the building was $1,509,- 621.65. Eight changes minutely explained will cause a net increase of $109,639.66, making $1,750.- 417.57. Of the amount so far expended, $53,160.70 consists of expenses which, in the opinion of the Commissioners, are not chargeable to the building, leaving $325,177 14 to be represented by the work so far done on the grounds. Edwin May, whose plan was selected, and who became supervising architect of the building, died February 27,1880. Under advice that the contract made with him was one requiring his personal services, the Board, March 6,1880, appointed Adolph Sherrer, who had represented Mr. May in much of the work of preparing the plan, and, after his employment, advising the Board and supervising the work, and receiving his bond March 10,1880, as required by law, the contract being at a reduced compensation, namely, 1 1/2 per cent. of estimates of work done under his supervision. No provision of law being made, or means specially appropriated for laying the corner-stone, the Board arranged and conducted such ceremonies noon. September 28, 1880, a northeast corner stone, carefully hewn and fittingly carved, was laid in presence of invited and interested spectators, The exercises of the occasion will reach you in neat volume prepared to accompany the article, deposited in the cavity of the stone and perpetuate its history.

The architect estimates expenditures for 1881 in the sum of $414,324.31; for 1882 in the sum of $330,348.60, and for preparations for 1883, $131,540; in all, $876.212.91.

The reports of the Superintendent and Secretary will afford detailed information relative to the materials so far used in the building, and the cost of the building, with a complete list of vouchers.

EDUCATION.

The Superintendent of Public Instruction school submits his twenty-eight report, being the tenth biennial report required by Section 123 of the school law, showing the condition of the school funds, school revenues and Public Schools of the State for two years ending August 31, 1880. It shows the that for the year ending September 1, 1880, the schools were in session on an average 136 days: the number of houses occupied for school purposes was 9,647 the number of teacher employed in the schools was 13,590, there were in the State, at the last enumeration, 703,558 children of school age, and that of these 511,283 were enrolled in the schools. It shows, also, that amount of money expended for tuition was $3,006,432.07, and that $1,435,418.81 was expended for special purposes, thus making the total expenditure for one year, $ 4,491,850.88. It also shows that our school fund now amounts to $9,065,254.73, and that we have a permanent school property valued at $11,817,954.53. These statements are sufficient to show that our school interests are among the most important in the State. Our schools have not only increased in number, but they have increased in efficiency. The fact that the people so willingly tax themselves for school purposes, is evidence that they are appreciated at home. Abroad they have certainly obtained in the past few years an excellent reputation, of which, the people of Indiana have a just right to feel proud. This great interest should be prudently fostered by the Legislature; the School Fund should be protected from waste and misuse. The report gives a clear most comprehensive outline of the Indiana School System, ad compares with the "Ideal System" adopted by the National Superintendents' Association. It give a history of the attempt to codify the school laws. The Superintendent then makes certain recommendations in regard to changes in the school laws and the administration of the schools, which the attention of the Legislature is especially invited. The report also contains a great variety of interesting statistical matter analyzed and explained so as to be easily understood. The report shows great pains-taking and learned labor on the past of the author.

The Trustees of

INDIANA UNIVERSITY

report for the past two years. They show the amount of moneys had and received during the year ending October 31, 1879, $36,487.40 and detailed expenditures $27,951.08 leaving an unexpended balance of $8,536.32. Including this sum, the amount had received during the last year was $25,466.56. The detailed expenditures were in the sum of $24,856.05, and $610.51 remained October 31, 1880. The estimated receipts for the current years, including the balance on hand are $30,610.51 and the expenditures as classified and approved are $29,000.

The report of the

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TRUSTEES OF THE NORMAL SCHOOL

for the past year shows that 578 persons attended during the year, the average enrollment per term being 283, 22 more than the previous year, and 280 having entered for the first time. Each County has been represented by one or more students, and 2,665 have attended since the school was established. The annual enrollment ten years ago was 135. The students come mostly from the industrial classes and teach afterwards in the common country schools, carrying back an school revenue for its supports as a means of making the common school system more effective and demand, as one-fourth of the teachers annually filled by competent ones. The school expended $13,927.96 for tuition and $3,551.75 for incidental fund. Urgent demand is made for an appropriation of the $500 to cover amount overdrawn, and $3,000 per annum for incidental expenses; that $5,000 be granted for steam-heating apparatus; that the lost on which the building stands be improved to correspond with adjacent property; and that a professional library and a cabinet and scientific apparatus be now provided. These wants of the chool should receive your careful attention.

PURDUE UNIVERSITY

is the outgrowth of a Government land grant for agricultural and mechanical education. A part of the donations of John Purdue has been used for current expenses. You will be looked to for liberal appropriations to supplement the interest on the endowment, and execute the trust imposed upon the State by the acceptance of the gifts and confusion of the funds offered for the experiment. The reports for the past year has been lately received. It shows that the Trustees are satisfied of the increasing prosperity of the University, and that it is now regarded on a permanent basis and well managed; they look confidently to the State to protect their educational ward by appropriations adequate to the necessities of the case, and invite attention to the report of the President of the faculty, whose services are highly appreciated by them, and whose zeal in advocating the interest of the institution is commended. The number of students is 203. The endowment fund is now reported at $340,000, yielding annually $17,000, and the united grants and donations are valued at $570,000. Permanent annual appropriations of $17,000 for institutional, and $2,000 for the expenses of the Board of Trustees, are asked.

THE STATE LIBRARIAN

in a biennial report accounts for the moneys expended by her predecessor during the fiver months ending March 31, 1879, and the payments made on her approval during one year and seven months of her present term for new books and biding for the library, for fuel, lights and water for the library rooms, for expressage and postage, and for salaries of herself and assistant, janitor and night watchman. The three-story building in which the library provisional "Capitol buildings," and afford the "temporary quarters" for Legislative Hall furnished for your use by the Board of Commissioners of Marion County. I am satisfied that her careful preparations for your meeting will be appreciated as a substantial welcome to the scene of your important labors for your constituents. I need only to suggest that you do not overlook the just claims of Marion County for expenses incident to your occupancy of its most eligible rooms in an expensive building generously offered and gratefully accepted by the State in 1877.

THE STATE BOARD OF AGRICULTURE,

By its President and Secretary, has made a report of its financial transactions during the fiscal year. It shows receipts, including special appropriation from the State Treasury, $36,765.69; expenditures, $21,833.43, leaving a balance of 14,932.26 unexpended. The Board has canceled $1,050 of its guaranty bonds. Otherwise it condition is unchanged. Its property consists of the Fair Ground and its improvements, mortgaged to secure its bonded debt. The bonds, amounting to $60,000, were due on that first day of the present motnh. The . last installment of the State's appropriation, namely, $2,400 was adequate to the payment of the semiannual interest coupons. The Board earnestly appeals to you to purchase the mortgaged property.

The Board has used $364.64 to pay expenses of putting the cabinet and museum of the Geological Department in a proper condition for transferring to the curator of the Department now provided by law, and has in its Treasury $2,599 belonging to the fund provided for that purpose.

THE INDIANA HORTICULTURAL SOCIETY

has reported its disposition of revenues consisting in part of the annual appropriation of $300 drawn from the Treasnry the past year.

THE DIRECTORS OF THE STATE PRISON NORTH

report more fully for the month of October, 1879, and renw recommendations in their former report. There 542 convicts at the beginning of the year and 577 at the close, 301 having been received and three returned, and 269 having been released by pardon, expiration of sentence and otherwise. All are contracted for terms of from once to five years at remunerative prices, and 508 have been employed, 50 being in service of the State and nineteen excused and off duty. During the year forty-five received medical treatment, three died and one committed suicide. The sanitary conditions was good, and is shown in the smaller percentage of deaths, and in excused list, which is lighter than in former year. The receipts and earnings were $74,877.90, and the disbursements $73,943.15, leaving $934.75 remaining. Of the appropriation of $75,000 $1,120.21 remained October 31, 1880. The cost of each convict was $2.54 1/2 per week, or 36 1/2 cents per day. The fact that the terms of the Directors are all for two years, and all begin and expire at once, leaves the Prison without managers familiar, from experience, with its business until all have learned; and their experience goes with them when they retire. To make the term three years and provide for the retirement of one each year, would obviate the difficulty and secure at all times two members of experience.

THE DIRECTORS OF THE STATE PRISON SOUTH

report the average number of convicts during the past year 600, being 593 at the beginning and 562 at the close, 247 having been received and 278 discharged, pardoned and otherwise lost. The availhad at the close of the year forty-eight convicts, an increase of seven, thirty-four having been received during the year. There were 147 girls in the Reformatory at the beginning of the year, and 148 at the close; forty-one having been committed during the year. The annual appropriation of $21,500 was drawn and expended, as will appear from detail and classified statements of allowances of the Board. The estimated cost of keeping a girl is $126 per annum. This is the basis of the accounts against Counties, by which one-half is reimbursed to the State. These collections page: 22[View Page 22]Switch to Image ModeCLOSE Page 22 amounted to $5,273.77 for the six months to December 1, 1879, and $5,162.90 to June 1, 1880, in all $10,436.67, or nearly one-half the total expense of the Institution, both penal and reformatory. The Managers urge an increase of appropriations for maintenance, recommending that $7,500 more be allowed for current year, and $30,00 per annum thereafter, They have had difficulty to procure profitable employment for the inmates. Having built and equipped laundries at a cost of $5,944.50, they find laundry work useful as a reformatory means at first, subduing excitability and making submission easier, and require all not disabled to serve a apprenticeship in that department. Knitting and sewing and caning able men are on contracts, 445 at forty-five cents, and fifty at thirty cents. The receipts were 76,638.81; the disbursements, $74,753.59. With an expense of $71,875.87 and an average number of 600, the average cost was thirty-two cents seven mills per day; or, excluding repairs, leaving $68,137.06, but thirty-one cents per day for each convict. That each prisoner is substantially fed appears from a curious table of weights, disclosing the fact that the average of those received is 143 1/4 pounds and of those discharged 149 3/4, a gain of six and one-half pounds. The Chapel, Hospital, clothing shop and laundry has been put under contract and partially completed for the sum specifically appropriated, and the cell-house is in process of construction. When completed it will accommodate 400 convicts. An additional $4,000 will be needed to complete the former as designed, and the $50,000 appropriated for the latter is regarded as quite insufficient. The old wooden wall must soon give place to another wall, estimated to cost $25,000. There were seven eaths during the year, five from diseases of the ungs. The Moral Instructor urges the supply of ooks for the convicts, and develops the theory nd practice of good time as a means of encouragement. John V. Linck resigned the office of Director November 1, 1880. The vacancy was filled by the appointment of John Horn.

THE HOUSE OF REFUGE FOR JUVENILE OFFENDERS

was opened in 1868, and has received in 11,3847 boys. There were 329 at the beginning of the pas year, and 347 at the close. Of the 149 admitted during the year, thirty-four could neither read nor write. Six Counties of the State have so far been without a representative. Of the 1,037 who have passed through, 80 per cent, are regarded as good men in community. There were eleven deaths up to April 1, and but two since. The receipts and earnings paid into the Treasury amounted to $3,544.55. The annual appropriation of $40,000 was expended, but a part of it appears in permanent form in the new dining hall built at small expense to the State by using the labor of the boys and dedicated with interesting exercises October 30. The cost of keeping an inmate is estimated at $100, and the Counties reimburse the State one-half that sum per annum for each boy committed. The Commissioners again draw attention to the language of the Constitution authorizing the creating of such an institution and quote from the records of the Constitutional Convention to show the intention of those who urged the provision. A majority is of the opinion that boys who have committed no crime are not fit subjects for compulsory education and reformation, and that so much of the statute as authorizes their commitment should be repealed. It appears that of the 256 admitted during the past two years, not half were "offenders." If the present policy continue, as recommended by the dissenting Commissioner, the Board is of opinion that additional accommodations must be previded. There are now eight families and six family buildings, two being double. They can accommodate 400 boys. The Commissioners recommend that additional land be bought and added to the farm. A new barn must also be built. The Institutions has been in charge of Professor Thomas a J. Charlton since April 1, 1880. His military education and his long and successful experience in the Public Schools of leading cities of the State have enabled him to give new life and enthusiasm to the boys committed to his charge. The progress made in scholastic and industrial education is highly creditable, and the manly bearing of the inmates gives evidence of the power of good example to stimulate and encourage wayward youth. The Commissioners congratulate themselves that the officers of the institution almost without exception, are from of own State, and that the net cost to the State Treasury was but $16,994.87 for the year.

THE FEMALE PRISON

chairs occupy others, All labor not mechanical including cultivation of the garden, is done by the inmates. Additional ground-at least ten acres in extent-is needed for pasture, and, in the opinion of the managers, a wall about the inclosure is needed for protection. The importance of providing a library additional to that donated by a friend of the Institution is commended to your consideration. The managers have been involved in litigation with the occupants of the United States Arsenal Grounds, by reason of the imperfect and offensive sewerage of the institution. Opportunity for your action has been afforded before final judgment. The appropriation made in 1879 has not been used, because of adverse action on the part of those assuming to control the right of way for a sewer to be built under authority of the State. An inventory of the personal property, November 1 1880, was in the sum of $6,952.95. The institution received $160.25 for boarding United States prisoners. This sum with that derived from Counties went into the State Treasury. The average number of inmates was 192,and the cost per year was $104.87 for each. By the reslgnation of Mrs. Emily A. Roache, October 16, 1880, a vacancy was occasioned in the Board of Managers, which was filled by the appointment of Mrs. Eliza J. Dodd for the residue of the term ending March 7, 1883.

THE CONFINEMENT OF CHILDREN

in the House of Refuge simply because destitute of a home is, in my opinion, not only in violation of the spirit and meaning of the Constitution, as shown by the Commissioners, but wrong in principle as well. These boys have been guilty of no crime, not even of vicious conduct; but because so unfortunate as to be destitute of a suitable home, they are incarcerated in an institution where those guilty of crime or vicious conduct are confined. It is true that they are kept as much as possible separate and apart from the vicious and incorrigible, and, while I believe management to be good and the discipline and moral instruction excellent, yet they are liable to be contaminated by the vicious; at least they can not escape the stigma in after life of having been inmates of the House of Refuge, universally understood to be an institution for the confinement and reformation of youths guilty of crime, or so vicious and incorrigible as to be beyond parental control. The same may be said of the Female Prison and Reformatory In the Reformatory Department of the latter institution are children many of them entirely too young to be guilty of intentional wrong, or to come within the category of those needing the severe discipline and surveillance of a Reformatory Institution, the very name of which implies that those confined within its walls have been guilty either of crime, or of such bad conduct as to justify their incarceration in a Reformatory Institution. In fact, the Institution is known only as a Female Prison and Reformatory. I am clear that it is not a proper place to raise and page: 23[View Page 23]Switch to Image ModeCLOSE Page 23 educate the pure and innocent child. That they are kept in the Reformatory Department of the Institution is no justification. It is enough that are under the same roof and management. The girl that leaves there at eighteen, or even of ten, will not be ignorant of the fact that she has been an inmate of an institution in another Department of which were confined the vilest of criminals. I do not believe any person, however capable, can superintend and manage hardened criminals, and at the same properly govern the pure and innocent, the manner, discipline and bearing essential for the government of the former is so widely different from the affectionate, maternal care, and kind treatment require by the latter. Neither ought the law to permit parents to cause their children to be incarcerated in such an Institution for the pose of relieving themselves of the care and expense of rearing them.

If the constitutional authority exists, and the State is willing and prepared to care for its orphan children, it ought to provide a suitable home. I know it will be urged that such a charity properly belongs to the Counties, but County Orphan Asylums, except in those Counties wherein are situated larger cities, are but little. if any, better than Poor Houses. If established, such an Orphan Asylum could receive and care for the orphans in the House of Refuge, the Reformatory Institution and Soldiers' Orphans' Home, and such others as might be committed thereto under proper restrictions.

THE BENEVOLENT INSTITUTIONS.

The Hospital for the Insane began the year with 629 inmates and ended with 1,010, having admitted 914, discharged 533 and treated during the year 1,543. Of these, 262 were cured, 69 improved, 34 unimproved, 146 died, 8 were discharged as not insane and 6 as idiotic, and 8 eloped. Upon the opening of the Department for Women and the transfer of women thereto, large numbers of insane cam from the Counties, many in companies, and occupied the additional accommodations. That Department was soon filled and has since received only acute cases. The Department for Men yet has room. The 629 chronic cases thus gathered into the Hospital were in large part physical as well as mental wrecks, and contributed 122 of the 146 deaths, and the remaining 24 deaths occurred among the relatively recent cases. The Superintendent details wich great care the disease prevailing during the year and the treatment adopted, and th accounts for the lower per cent of recoveries by the fact that an extraordinary of the comparatively incurable case had been admitted. Considerable improvements were made on the grounds. A new railroad was constructed without expense to the Hospital, and delivers supplies to the coal yards, wood-ricks and stores of both departments at greatly less expense. An additional water supply was provided.

The Superintendent has added to his knowledge of the laws of other States of this country and Europe, a thorough analysis of our own statute relating to insanity inquests, now a relic of a former generation, and proposes a revision that should receive your careful study. With his earnest argument and conclusions we may readily agree. Uniform practice and a prescribed forms of statements, depositions, findings, certificates, warrants and receipts should almost certainly avoid any future cause of complaint.

The administration forces has been increased because of the large increase in patients; but by making the needed clothing in the Institution save only boots, shoes, hats and stockings, one-half the expense on that account has been saved, and the regular employment of skilled persons has kept in order and renewed the bedding, furniture and scarred walls. The Constitution requires that the Legislature provide for the treatment of the insane of the State. Provision has been made for about one-half. The other has equal claim, and is rejected for lack of room. A general warehouse between and for the two departments is required. and is estimated to cost $3,000. The expense of maintaining the large community of persons during the year was $183,223.37, leaving $17,717.14 of the appropriations unexpended. The average cost of maintaining each patient was $184.64. If additional accommodations be at once provided in the Department for Women, a further appropriation of $20,000 will be needed for the current year. For each of the ensuing two years an appropriation of $245,000 for maintenance, and $12,000 for clothing and $15,000 for repairs and improvements are asked and recommended.

The report is supplemented by detailed exhibits of great length.

The Provisional Board, created by the act of March 20, 1875, and charged with the construction of the Department for Women, yet exists. The building has cost $680,000. The appropriation of $80,000 made in 1879 was insufficient to complete the structure. Eight wards are unfinished. An appropriation of $40,000 is asked by the Board and recommended.

THE INSTITUTION FOR EDUCATING THE DEAF
AND DUMB

holds property of the state recently valued at $490,341.71, of which $457,510 is real and $32,831.71 is personal. The support of pupils was met by a greatly reduced expenditure, and $6,332.01 was lest in the treasure at the close of the year. An appropriation of $55,000 per annum as heretofore is asked and recommended. By the resignation of Franklin C. Johnson, a vacancy was occasioned in the Board of Trustees, which was filled by the appointmeut of James A. Cravens, April 14, 1880.

THE INSTITUTE FOR THE EDUCATION OF THE
BLIND

enrolled 127 pupils sixty-six male, sixty-one female representing fifty six Counties. The inventory shows real estate valued at $353,738, and personal property valued at $20,906.44; in all, $374,644.44. Of the $27,000 appropriated for support, $25,912.08 was expended for current support and ordinary repairs, leaving $1,087.92 unexpended. The Trustees request an appropriation o $27,000 per annum as now for the years 1882 and 1883, to meet current expenses, and but $2,000 for repairs.

A comparison of expenditures chargeable to the state on accounts these three institutions justifies the enactment of the existing laws, and is favorable to the Trustees and subordinate officer now in the service of the State. In 1869 no account appears to have been kept of the sums added to the revenues of the hospital from sales of lead, old iron, hogs, tallow, hides, flowers, tobacco, ect., commonly known as the "steward's fund."" The receipts of this fund in 1870 are reported, namely, in 1877, they amounted to $11,200.67. Either amount may be fairly assumed as an average annual additions to the appropriations. A carefully prepared exhibit shows average daily number of patients and annual maintenance expense per capita, exclusive of disbursements from repairs, donations and sales funds for a term of ten years, as follow:

The expense for the last named year was apparentlv $122,176.66, but claims amounting to $10,- page: 24[View Page 24]Switch to Image ModeCLOSE Page 24 300.95 for October, 1878, having been presented and prepared with view to allowance and payment as a part of the series of the fiscal year ending October 31, 1878, were deferred and allowed in November, 1878, as the first claims chargeable on the new appropriation, the unexpended balance of $12,772.88 being left in the treasury as an apparent surplus. While the payment of $122,176.66 was apparently for one year's expenses, it was in fact for but eleven moths, and should be $132,477.61 for twelve months. The per capita cost would thus appear $215.60, showing a fluctuation of more than $100 per annum during the term of ten years. Arranged to show the actual expense for each of the past two years, the annual number of patients and annual maintenance expense would appear as follows:

Otherwise states, expenditure for the two years 1877 and 1878, a shown by the Trustees' records, amounted to $296,551.23, and for 1879 and 1880 to $298,025.95. During the former period the average monthly expenditure was $12,356.30, and during the later $12,417.75, while in the years constituting the former period the average daily numbers of patients were 612 and 617, and in the latter 626 and 896. In 1877, 1878 and 1879, the Hospital consisted of a single department, while during 1880 another separate department, larger than the original, was fully occupied and maintained. Under existing law, the amounts colled from Counties for clothing furnished patients are not, as formerly, available for expenses, but become a part of the unappropriated moneys of the general fund. The amounts required to be collected for the law four years were as follows: 1877, $12,715.30; 1878, $13,282.97; 1879, $3,561.15; 1880, $7,047.11.

The expenditures for the deaf and dumb were for 1877, $65,884.62, and for 1878, $62,997.99, being an average of $64,441.30. For 1880 they were $50,005.88, being an annual saving of $14,435.42. The per capita expenses per annum in 1877 and 1878 was $198.89; in 1880 it was $154.33, an annual reduction of $44.56. The collections for clothing were, for 1877, $3,698.57; for 1878, $3,282.23, and for 1880, $1,052 97. The comparatively small amount during the last year was because parents and guardians were required to furnish clothing when able.

The expenditures for the blind for 1877 were $29,108.15, and for 1878 were $30,304.96, an average of $29,708.55. For 1880 they were $25,683.57, an annual reduction of $4,022.98. The per capita expense per annum in 1877 was $264.62, in 1878 was $259.01, while in 1880 it was but $211.05, an annual reduction of more than $50. The collections for clothing were for 1877, $1,191.73; for 1878, $1,078.73, and for 1880 but $209.21.

Given equal efficiency in management and equal results to the beneficiaries of the appropriations to those charities, that administration of affairs showing the most rigid economy and exact compliance with the requirements of law, should receive the commendation of the people whose money is used and of their representatives who are to consider and vote on estimate for further supplies.

THE TRUSTEES OF THE ASYLUM FOR FEEBLE-
MINDED CHILDREN

who are also ex. officio Trustees of the Soldiers' Orphans' Home, in their second annual report show that the addition to the building which was being erected at the date of the former report was completed in the best and most satisfactory manner at a price so low as to involve the contractor in a very considerable loss, and that they sum of $577.78 is due to citizens of the vicinity for labor and materials. They request that as the building has cost the State a very much less sum than it cost the contractor, and the State has the benefit of the labor and materials of these citizens, the amount be specifically appropriated and paid to them as an act of simple justice. The building will accommodate 110 inmates, forty more than now in the Institution. Of the expenditures authorized by law at the rate of $10 for each inmate, namely,$7,647.42, the sum of $7,644.98 has been expended. In view of the rapidly increasing number of inmates, an additional appropriation of $21,000 for building purposes is asked, as increased room and facilities for classifying the inmates are needed, many of them being of so low a grade of intellect as not to be susceptible of that improvement necessary to enable them to go out into the world and earn their own livelihood. The law at present seems not to contemplate a Custodial or Hospital Institution. If additional room be not afforded,the law should be so amended as to definitely prescribe some rule of admission. I also recommend the establishment of an Industrial Department that the higher order of minds may be taught some light occupation making them capable of self - maintenance. I also recommend that the law be so amended as to definitely fix the compensation of the Trustees, if both Institutions are continued together; but I am of the opinion that the good of both demands that they be entirely separated. The Trustees are of opinion that $10 per month for each inmate will ot be adequate for their support until the number shall reach 250 or 300, and some of them become useful as nurses and attendants.

Reporting for the Orphans' Home, the Trustees show that many of the boys and girls have for prudential reasons been provided homes with safer surroundings, and the orphans remaining are mostly small children ranging from infants up to the age of twelve years and they renew their recommendations made in the former report, and add one relative to the admission of orphans of soldiers of any State who may die while residing in Indiana. Estimate the number of orphans and employes of the House at 150 in 1882, the appropriation of $18,000 would be necessary, and for 125 in 1883 the sum of $15,000.

A STATE BOARD OF CHARITIES.

The rapid increase of population, and the consequent increase of crime and objects of charity, make prisons and prison discipline, the dispensation of charities and institutions established therefor, and the great expanse incurred thereby, matters of deep interest to the people. It is obvious to all who have had legislative experience that legislative Committees can not successfully investigate the condition and workings of the benevolent, reformatory and penal institutions of the State during the session of the General Assembly. The time is entirely too short, and the members of other important Committees appointed for that purpose must necessarily neglect not only their duties as members on the floor, but also as members of other important Committees, if they give any considerable time to the labor of investigating the institutions of the State which must necessarily take them from the Capital. I therefore recommend the establishment of a State Board of Charities, the members thereof to make such rules and regulations for their own government as they may deem advisable. The duties of such Board should be to fully investigate the condition, working and whole system of the benevolent, reformatory and penal institutions of the State, and recommend such changes and additional provisions as they may deem suitable for a more economical and efficient administration of the same. They should prepare and submit to the Governor a full report of their investigation of such institutions, together with such recommendations as they may see proper to make, and it should be laid by the Governor before the General Assembly. I recommend that the pay of the members of such Board be fixed page: 25[View Page 25]Switch to Image ModeCLOSE Page 25 and the expense thereof carefully guarded, and that members be selected from the different political parties.

INTER-STATE AND NATIONAL AFFAIRS.

An act of Congress, approved April 23, 1880, provides for an Inter-National Exhibition of arts, manufactures and products of the soil and mine, as a celebration of the one hundredth anniversary of the treaty of pace and the recognition of American independence. The celebration is to be popularly known as the World's Fair of 1883, and held in New York City. Under authority of Section 4 of the act, the Governor nominated Addison L. Roache and James H. Smart for Commissioners, and John L. Campbell and Ryland T. Brown for Alternate Commissioners for this State, and they were appointed and commissioned by the President as such.

An organization of the Governors of the States, through the Governor of Virginia, has invited other States to join with them in making arrangements for a proper celebration of the one hundredth anniversary of the surrender of Cornwallis. The Governor appointed William H. English to represent this State. Several meetings have already been held. Congress has appropriated money toward the expenses of the celebration, and for the erection of a monument; and extensive arrangements are being made.

A memorial of the American Association for the Advancement of Science in relation to the need of attention to our future forest supplies, was adopted at the meeting held in Boston, August 30, 1880, and transmitted to me to be laid before you. I commend it to your consideration.

A resolution of the General Assembly of the Commonwealth of Kentucky, approving the address of the Mississippi Valley Commission, approved March 5, 1880, has been received from the Governor of Kentucky, and, as requested, is submitted to you at the earliest convenience.

I have received from the Executive Committee on Inaugural Ceremonies, March 4, 1881,an invitation to the members of the Legislature with officers of the State Government, to be present and participate in the ceremonies and festivities incident to that occasion.

THE PUBLIC HEALTH.

I have been requested by the State Health Commission to draw your attention to the importance of constituting a State Board of Health , to be aided by local Boards, and empowered to investigate the causes of diseases in the different localities , and to enforce legislation on the subject. A communication made to your predecessors was accompanied by such detailed information as to make the repetition of it unnecessary. The Bureau of Statistics has been the medium of a publication of "Vital Statistics and Sanitary Reports" furnished by the Commission. It remains for you to supplement the labors of the Bureau with professional investigation and recommendations, and grant necessary police powers properly guarded. Twenty-three States already have such Boards. A basis for your consideration of the subject will be afforded by a bill for an act already prepared for introduction.

The Board of Health of Louisiana was reorganized by act of April 20, 1877, and consists of nine members. All the acts establishing and regulating quarantine, and relating to the public health, and the practice of medicine, and the rules of the Board, and health ordinances of the city of New Orleans, were recently collected and published in a form convenient for an understanding of that locality, to which we have been accustomed to look with alarm and dread. Consciour of its failure to satisfy the demands of other Boards of Health-National, State and Local-especially as to the appearance of yellow fever below New Orleans, the Board invited a free conference with Representatives of other States during the meeting of the American Public Health Association in New Orleans in December last. Dr. Moses T. Runnels, of Indianapolis, was in attendance upon the Association, and was designated and appointed to represent this State in the Quarantine Convention. His detailed report shows that after a full discussion two Committees were appointed, one representing the Atlantic and Gulf States, the other the Ohio and Mississippi Valley States, to prepare a schedule of rules and regulations concerning those matters of quarantine and sanitation which are common to each region, and report at the next annual meeting of the Convention, to be held at Savannah, Ga. The General Government is expected to defray the expenses of all quarantine administration of this character, and Congress is to be asked to appropriate moneys for the purpose.

REVISION OF THE LAWS.

Under an act of the last General Assembly a Board of Revision was authorized to compile and revise the existing laws of the State, and to suggest amendments thereto. James S. Frazer, of Warsaw; David Turpie, of Indianapolis, and John H. Stotsenburg, of New Albany, were, upon the 16th day of April,1879, appointed to positions upon said Board of Revision. The revisors have since their appointment been engaged in the dis charge of their duties as such. It is more a quarter of a century since there has been an authorized official revision of the laws of your State. In this long interval of time, the legislation of the State has been much and various and the accumulation of statutes upon different subjects as been large and frequent so that a compilation and revision thereof seems almost a necessity to inform the people what the law really is. Scattered as it is now through a series of session acts and a variety of editions of the same, the labor of ascertaining the statute law has become burdensome for the masses of the people and even difficult to those engaged in the profession. The text of the proposed revision, prepared by the Commission for that purpose, will be laid before you early in the session, accompanied by bills containing provision for the amendments proposed by them. I trust that this subject will receive at your hands the early and prompt attention which its importance demands.

ELECTION OF PRESIDENTIAL ELECTORS.

I respectfully call your attention to the statute of the State providing for electing Electors for President and Vice President of the United States. The act requires the Marshals of the several Congressional Districts to collect the returns of the Counties composing their respective Districts, and deliver the same on the 4th Monday of November, between the hours of 9 and 12 o'clock of that day, to the Secretary of State, who shall, in the presence of the Governor and all the Marshals in attendance, between the hours of 12 and 6 o'clock of said day, canvass the vote. The law makes no provision for an adjournment of the Board in case any of the Marshals have failed to perform their duty and deliver the returns on that day; and no provision for collecting and delivering the returns to the Secretary of State, or for the canvass of the returns if the Marshals or any of them have failed to collect and deliver them as provided by law. It is obvious that the law needs amending so as to meet every possible contingency, in order that neither the failure of Marshals to collect and deliver the returns, nor clerical mistakes of ministerial officers can defeat the will of the people as expressed through the ballot-box. I am unable to see the necessity of such machinery as Congressional District Marshals for collecting and delivering the vote of the State.

In canvassing the returns of the last Presidential vote of the State in accordance with said page: 26[View Page 26]Switch to Image ModeCLOSE Page 26 act, it was ascertained that the blanks used by the County Clerks to certify the returns of their respective Counties had been printed before Thomas W. Bennett, candidate for Elector for the Sixth District, had withdrawn, and the name of Benjamin S. Parker had been substituted. Several of the County Clerks, in making up their certificates of the vote of their Counties, unintentionally omitted to erase the printed name of Thomas W. Bennett and insert that of Benjamin S. Parker, who had been voted for, as shown by the tally sheets of the Election Precincts, and for whom the vote, in accordance therewith, had been canvassed by the County Board, as required by law. Such clerical error I permitted to be corrected on the Clerk making the proper affidavit re-certifying the certificate. In doing this I think I did right. I love the institutions of my country and the principles of self- government too well to make the clerical error of a mere ministerial officer the pretext to set aside the lawfully expressed will of the people. The same kind of an error occurred in the tally-sheets of some of the Election Precincts, and were certified and so canvassed by the County Board of Canvassers. Such errors, in my judgment, are not susceptible of correction, and were allowed to stand I would suggest the enactment of a law making it a misdemeanor for an Inspector of Election to fail to call distinctly the name of each candidate on the ticket when counting the vote.

UNITED STATES SENATORS.

I recommend the passage of a joint resolution requesting our Senators and Representatives in Congress to use their best efforts to secure the passage by Congress for submission to the Legislatures of the States for ratification an amendment to the Constitution of the United States providing for the election of United States Senators by the direct vote of the electors of the States. Members of the General Assembly should be chosen with reference to their capability to legislate upon the domestic affairs of the State. Under the present system of electing Senators in Congress not only is a portion of the time of the Representative, or Senator, to the General Assembly often turns solely upon the question as to whom he will, if elected, vote for for Senator in Congress. One of the principal incentives to District gerrymandering is to secure a party majority in the Legislature, and thus secure the election of a United States Senator. I can see no good reason why the people are not as capable of electing a United States Senator as Congressman, Governor and other State officers. United States Senators represent the State at large and their election should reflect the popular will, which is not always the case under the present mode.

PURITY OF ELECTIONS.

The fact that large sums of money are expended at every election to corrupt the officers of the Election Boards and bribe the voter is having a very debasing effect upon the public mind. In my judgment the Republic can not live long in the atmosphere which now surrounds the ballot-box. Moneyed corporations, to secure favorable legislation for themselves, are taking an active part in elections by furnishing large sums of money to corrupt the voter and purchase special privileges from the Government. If money can control the decision at the ballot-box, it will not be long until it can control its existence. It is a notorious fact that the people are fast losing faith in the purity of our elections. The ballot is the foundation upon which Republics rest. When the people become convinced that the decision at the ballot-box no longer expresses their honest judgment, they will cease to vote and take an interest in the election. When that condition of affairs arrives, we will be at the beginning of the end of our free institutions. The casting of the ballot is the most sacred duty that the American citizen has to perform. He who is clothed with that sacred prerogative and values it no higher than a privilege to be bought and sold, ought to be dispossessed of it entirely. The man who expends large sums of money to secure an office is likely to try and reimburse himself while in the office. He who makes a false count of the ballots, or falsifies the record, or does any other act that unlawfully defeats the judgment of people at the ballot-box, is an enemy to the Government and commits treason against it in a much less manly way than the man who ope defies its powers and fires upon its flag. In the latter case there may be honesty of conviction, at least courage; but in the former there is no redeeming feature. I am not unmindful of the fact that a representative form of Government has nothing upon which to rest except the virtue of the people, and unless the people can rise to a purer plane of political action all laws looking to the purification of the ballot will be futile. I have yet confidence in the people, and believe that the number who barter away their suffrages is small; but that it is a growing evil none can deny. The laws upon the statute books are seemingly sufficient; yet I will venture to recommend the enactment of a law authorizing the institution of a civil suit against any one who shall offer, give or receive a bribe, the penalty to be disfranchisement for any determined period. In that case, the guilty party will not be deprived of his liberty at all, and a preponderance of the evidence will be sufficient. The law should be made broad enough to cover every kind of transaction, such as the giving or receiving of house rent, offers to employ, or threatening to discharge from employment, or to give better positions,or the use of any other improper influence with intent to control, or be controlled in casting the ballot. The corporation which through its officers uses the corporate money to influence elections, or control Legislators, and thus debauch moral sentiment, should forfeit its franchise.

LEGISLATION.

Without any disposition to dictate to a co-ordinate branch of the Government, I would most respectfully suggest that you adopt some rule to relieve you from the consideration and pendency of such a mass of bills as are introduced at every session. The reading, referring, consideration by Committees and action by the Houses thereon take up much valuable time and become a serious obstacle in the way of the consideration of important measures. There is, in my judgement, no necessity for the introduction and consideration of upward of a thousand bills at every session of the Legislature. Such a large number of measures can not have anything like proper consideration in a short session of sixty-one days. Neither the wants of the people nor the welfare of the State demands any such mass legislation, the pending of which causes hasty and inconsiderate legislation toward the close of the session, and almost always prevents a proper consideration of the appropriation bills. Some rules ought to be adopted by which unimportant bills could be readily disposed of. Perfect legislation and the wisdom thereof is what points out the intelligence of a legislative body, and not the number of its acts.

INTEMPERANCE.

Public attention is now directed in an unusual degree to the evil of intemperance, but, as those who have devoted a large portion of their lives to an investigation of the subject are not agreed as to the best means to stay its progress, or counteract its destructive agency. I feel myself incompetent to advise such legislation as would afford even a safe middle way to be pursued by all the friends of temperance, or common ground upon page: 27[View Page 27]Switch to Image ModeCLOSE Page 27 which all could unite in a moral contest here prudent legislation only will avail anything, and where imprudence would endanger present success. I recommend that you give careful consideration to such measures as may come before you on a question so important to the people of the State as to demand your abundant and united wisdom and sound discretion in its settlement.

CONCLUSION.

These first days of this new year mark at once the close of a full Constitutional term of the Executive and the beginning of your active duties in the service of the people by whom you were lately chosen. On the part of the one, the duty to communicate information as to that which is past and touching the present condition of the State, and recommend such measures as he shall judge to be expedient, has now been discharged. On the part of the other it remains to diligently inquire into the business of the State, consider with care the needs of a large and growing community, and within a limited time formulate and enact such legislation for the ensuing two years as will represent the wisdom acquired by experience. The business of the people intrusted to our hands have been completed and has become a matter of record. If apology be required by any for the extent and minute details of this communication, a reason may be discovered in the magnitude and importance of our public affairs, and the propriety of accounting through you to our fellow citizens of the State, while placing ourselves in our proper position among the great States of our Union. We who are about to retire from the public service salute you as you enter and give you a cordial welcome to this scene of your future labors.

ISAAC P. GRAY. Governor's Office,January 6, 1881

After His Excellency the Governor had concluded the reading of his message and order was restored-

The President pro tem. of the Senate said: Gentlemen of the Senate and House of Representatives-The returns of the last election for Governor and Lieutenant Governor will now be opened and published by the Speaker of the House of Representatives.

The Speaker thereupon read the total number of votes cast by each County in the State for Governor and Lieutenant Governor, respectively from the tally-sheet furnished by the Secretary of State, the grand totals being as follows:

For Governor-

Albert G. Porter received 231,405 votes: Franklin Landers received 224,452 votes; Richard Gregg received 14,881 votes.

For Lieutenant Governor-

Thomas Hanna received 229,642 votes; Isaac P. Gray received 224,872 votes; Thomas F. De Bruler received 16,202 votes.

The President pro tem formally declared Albert G Porter and Thomas Hanna elected respectively Governor and Lieutenant Governor for the term of four years, commencing the second Monday in January, 1881, they having received the highest number of votes cast for those offices.; and then adjourned the joint Convention, it having completed the business for which it was convened.

When order was restored, on motion, the consideration of the majority and minority reports from the Committee on Rules for the Government of the House was postponed and made the special order for Tuesday next, at 2 o'clock p.m.

Mr. Carter, from the Committee on Inauguration, reported a programme exactly similar to the one reported to the Senate, as printed above, and the House adjourned till 1:30 o'clock next Monday afternoon.