of ov. l. f. grover, -...

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BIENNIAL MESSAGE

OF

OV. L. F. GROVER, TO THE

STATE OF OREGON . • - -

EIGHTH REGULAR SESSION---1874 . - _.

SALEM, OREGON: MART. V. BROWN, STATE PRINTER.

1874. 1--_______________________ ---____ _

"

BIENNIAL MESSAGE

OF

GOV. IJ. F. GROVER, TO THE

Ll~GISLA'TIVE ASS-EMBLY

0]' THE

STATE lJF ORl1"JGON.

EIGHTH REGULAR SESSION ---187 4. - -

SALEM, OREGON: MART. V. BROWN, STATE PRINTER.

1874.

(}OVERNOR~S MESS~;\GE.

Gentlemen oj the Legislative Assembly: In entering upon a seccnd term as Ohief Executive of

the State I congratulate yon, as the representatives of the people, upon the noticeable progress in our affaire and the marked development o~ our resources which have distinguished the last four years of our history. No State should be more heartily thankful for abounding natural resources, at the hand of an all-wise Providence. Since your last meeting the blessings of good order, health, generous harvests and general prosperity have pl'evailed.

You assemble here under happy auspices to consult for the continued prosperity and, by judicious legislation, to promote the common good of Ollr vigorons and proud young commonwealth.

It becomes my duty to tender to you slIch iniol'mation of the present state of public afli:lirs as may appear appropriate to the occasion, and to make such recommendations as may be pertinent,

A detailed statement of the condition of the Chief Departments will be laid before you, by their respective heads, to which I ['espectfully refer you for full accounts

4 GOVERNOR'S MESSAGE.

of their working·s. I here present a condensed statement of the financial condition of the State.

The balances in the treasury at the close of the financial year, September 6, 1872, were $172,597 41.

To the credit of the several funds, as, follows:

General Fund (including $4,811 38 for advertised

warrants), coin ................................................ $ General FLlnd, currency ....................................... ..

Common School Fund {Principal, $1,256 59} coin Interest, 1,208 10 ...

Oommon School FLlnd {Principal, $ 683 13} cur'c Interest, 1,075 96 , Y

5,533 91 979 00

2,464 69

1,759 09

University Fund, coin......... ......... ......... ......... ......... 68 55 University Fund, currency,....... ......... ...... ......... ...... 251 14 State Land Fund, coin ............ :.... .. ....... ......... ......... 25,557 16 State Land Fund, currency .................................. .. Five Per Oent. U. S. Land Sale Fund, currency .... .. Escheat Fund, coin .............................................. .. Escheat Fund, currency ....................................... .. Soldiers' Bounty Fund, coin .................................. .. Soldiers' Relief' Fund, eoin ..................................... .

Total balance, as al)ove ................................. ..

REOEIPTS.

35,813 06 13,306 08 1,612 92 1,785 37

69,095 48 14,370 96

$172,597 41

Received since, into the treasury, the sum of$628,775 01 to the credit of the following funds:

General Fund (including one and one-half' mills Relief and Bounty tax), coin ............................. $460,695 22

General Fund, currency............... ......... ......... .... ..... 486 00 Oommon School Fund Principal, coin ................... ..

currency .............. . Tn terest, coin ...................... ..

cnrrency ................. . University Fund, coin ............................................ . University Fund, currency ............................. ~ ...... . Escheat Fund, coin ............................................... ..

19,812 10 6,938 20

40,806 68 l4,046 67 16,616 51 2,893 69 5,810 35

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GOVEl~NOR'S MESSAGE.

State Land Fund, currency... ......... ......... ...... ......... 19,199 92 .State Land Fund, coin.. ............... ...... ..................... 25,940 56 Five Per Cent. U. S. Land Sale Fund, currency .... .. Agricultural College Fund, currency ............. , ........ . Swamp Land Fnnd, coin ........................................ . State Oapitol Building Land Fund, coin ................ .. Tide Land Furid, coin .......................................... .

5,226 36

~164 50

5,607 50 705 00

3,025 75

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Total .......................................................... . $628,775 01

DISBUItSEMENTS.

Paid since, out of all the funds, the sum of $663,193 45 to the debit of' the following funds:

General :Fund, coin ................................................ $ 47,260 76

General Fund, currency.. ......... ........ .. ......... ............. 459 00 Legislative Fund, coin ........................................... , 24,011 9il Penitentiary Fund, coin...... ... ...... ......... .. ....... ......... 48,791 51

J uelicial Fund, coin... ............. ..... ........... ....... .. ....... 36,758 34 Execntive Fund, coin ............................................ , 14,892 11 Insane Funel, coin.. ........ ......... ............... ......... ......... 61,814 86 Oonvict Fund, coin ......... ......... ......... ............... ...... 4,546 68

Printing Fund, coin............... ......... ............... ......... 19,838 73 lncidental Fnild, coin... ...... ......... ......... ......... ......... :"1,200 85 Penitent.iary Building Fund, coin.. ...... ...... ...... ......... 61,960 78

State House Building Fund, coin.. ............... ...... ...... 99,990 00

:F'ugitive Fund, coin .... ....... ......... .. ....... ......... ......... 3,817 77 Indigent Fuud, coin ........ ...... ...... ...... ...... ......... ...... 2,517 43

Agricultural College Fund, coin ............................ .. Common School Fund Loans, coin ......................... . Oommon School :F'und Loans, currency ................... . Common School Fund Interest (distribution and

expenses), coin .............................................. .. Common School Fund Interest (distribution), CU1'-

rency .............................................................. . University Fund Loans, coin ................................. .. University Fund Loans, currency ......................... .. Soldiers' Bounty Fund (exclusive of State House

773 15 16,986 74

5,035 70

41,452 95

13,395 78

16,685 06

1,000 00

building transfer ), coin .............................. ,..... 25,146 85

Soldiers' Relief Fund, coin........... ......... ......... ......... 32,148 77 State Land Fund, currency ............... " ............. " .. " 67 00

State Land Fund (for Lock Bond Interest and ex-pensesJ ........ ...... ......... ......... ......... ......... ......... 35,647 25

Five Per Cent. U. S. Land 8ule Fund, currency...... 18,526 ~6

6 GOVFlRNOR'S MFlSSAG:EJ,

Swamp Land Fund, coin ........................................ . State Capitol Building Land Fund, coin ................. .

Tide Land Fund, coin ........................................... .

5,556 32

56 00 2,854 24

Total ........................................................... . $663,193 45

LeaVing funds in the Treasury, September 14, 1874, $138,178 97, to the credit 'of the severa] funds, as follm'i's:

General Fund, coin ............................................... $ General Fund, currency ........................................ .. Common School Fund Principal, coin ................... ..

currency ............. .. Interest, coin .................. .

" currency .............. . University Fund, currency ................................... .. Escheat Fund, coin .......................... ' ................... .. Escheat Fund, currency ........................................ .

Bounty Fund, coin ................................................. .

1,546 19 1,006 00

4,081 95 2,585 63

561 83 1,726 85

2,144 83' 7,423 27 1,785 37

21,613 97 Relief Fund, coin ......... ............... .. ....... ......... ......... 21,054 86 State House Building Fund, coin ........ ...... ............... 10 00 State Land Fund, coin ........ ..................... ...... ......... 15,850 47 State Land Fund, currency...... ......... ......... ...... ...... 54,945 98 . Five Per Cent. U. S. Land Sale Fund, currency:..... 5 58 Agricultural College Land Fund, currency............... 964 50

Swamp Land Fund, coin.. ......... ......... ......... ...... ..... 51 18 State Capitol Building Land Fund, coin...... ...... ...... 649 00 Tide Land Fnnd, coin...... ......... ......... ........... ......... 171 51

Total .......................................................... .. $138,178 97

LIABILITIES OF THE STATE.

Bonds.

Outstanding Soldiers' Bounty .................................................. $26,500 00

Outstanding Soldiers' Relief......... ......... .• ....... ......... ................. 20,747 00

$47,247 00

Lock Bonds.

Payable out of Interllal Improvement Land Fund .................... $200,000 00

, Wagon Road Warrants.

Payable out of Swamp and TideLand and Five Per Ce~t. U. S.

Land Sale Funds .............................................................. $ul,550 00

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GOVERNOR'S MESSAGE. 7 ~--------~--~-~---------

Staif', Warrants.

Outstanding, on all accounts, payable out of State Revenue ........ $287,459 00

It will be observed that the accumula~ions in the Soldiers' Bounty and Relief Funds are nearly .mfficient to payoff the Bounty and Relief Bonds, and that the Lock Bonds and tbe Wagon Road Warrants stand against resources in hand sufficient, wben available, to liquidate this class of liabilities, so that the only liabilities payable out of the revenue of tbe State are the outstanding State warrants.

There bas been an apparent large increase of outstanding warrants since my last biennial message. This is owing to the fact that nearly all the warrants drawn on the Treasury from 1868 to 1870 were suspended for the reason that they were drawn without an appropriation having first been made for their payment, the Legislature of 1868 having adjourned without making the general appropriations. Tbe Assembly of 1870 provided for the payment of a part only of these warrants while the balance were carried forward to be provided for by the last appropriation bill. In add~tion to the payment of the face of these warrants an addition of thirty per cent. average increase upon tbeir face has had to be paid for interest on Il·ccount of the l5~spense.

Again, no building tax was levied for tbe construction of the new Penitentiary, and the entire cost, except proceeds of convict labor, was paid by warrants on the General Fund, which was sufficient only for the current general expense, and the devotion of convict labor to this work swelled the appropriations for the support of the prison.

There were several appropriations made by the last Legislature which need not be, and should not be,

8 GOVEHNOll,' S :MESSAGE.

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repeated. Our i:3tate Oonstitution limits the indebtedness of the State to fifty thousand dollars. The provision is as follows:.. Atticle 10, Section 7. "The Legislative Assembly shall not loan the credit of the State, nor in any manner ereate any debts or liabilities which shall singly, or in the aggregate with previous debts or liabilities, exceed the surn of fifty thousand dollars, except ill case of war," etc. I~ is cOtltencled by some that this provision refers to funded debts only, and not to the margin of outstanding warrants issued 1'01' current expenses. But it appears to me that the form of the liability does not vary the binding force of this restriction. The aggregate of all indebtedness against the State should be within fifty thousand dollars. In fact, it was the evident intention of the fram.· ers of our State Uonstitntion that the State should be absolutely free from debt.

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Article 9, Section 2, provides that: "The Legislative Assembly F;hall provide £Ol," raising revenue sufficient to defray the expenses of the St~e for eaeh fiscal year, and also a sufficient :::um to pay the i~lterest on the State debt, if there be any." Section 6, of the same article, provides '1 ~ that: ""Whenever the expenses of any fiscal year sha.ll exceed the income, the Legislative Assembly shall pro-vide for levying.a tax tOl" the ensuing fiscal year, sufficient, with other sources of income, to ·pay the deficiency, as well as the estimated expense of the ensuing fi8cal year." These are positive mandates of our fundamental law, The Legislative Assembly is made responsible that the State be 1ree from debt. . . ! r

I desire to co .. operate wi.th you to enforce these requirements lit.erally. 'l'be sole reason >~hy Executive sanction was refused to the emigrati()tl bills of two years ago, was that no means were prOVIded to meet th,~ expenditure

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GOVERNOR'S MESSAGE. 9 ____ . ___ ._~ ___ ,---. -----1-1.----

proposed, and that the general appropriations already made exceeded the revenue, while the Genel'al Appropriation Bill conld not be modified by Executi vo action with·· out vetoing the w11o)e bill at the heel of the session, and ditlOl'ganizing the State governnient. You will therefore appreciate the cOl'elative duties of the Legis lative and Executi ve Departments upon this 8u~ect. - ..

The levy for current ge~leral revenue~;Y Act of'Vctober 22, 1864, is five milTs all a dollar. -The. mifitary tax is a ... mill and a half on a dollar. But, OWllJg to a general mis-apprehension of the law, four mills only for general State purposes have been collected during the last four years

and for some time previously.

One mill of the military tax ciil now be dispensed with, ae the Military Fund is now nearly sufficient to payoff the balance of outstanding Ntilitary Bonds. Reducing the military tax olle mI11, i1. might be well to institute a ha1t~mi1l building tax, to ltand until all public buildings are completed, and to ~~trict, absolutely, all appropriations for building purposes to the resources of the Building Fund. Let the State tax be red:uced to four mills, and confine the current general expenditilres to the revenue arising therefrom, auc11et the other half-mill, taken from the Military Fund, be transferred to create a Sinking .\1'und with which to I..liquidate the excess of outstanding

warrants. A more simple, and perhaps in the end, a more satis

factory plan would be to let the general taxes stand as they are for the present. Collect the five mill State tax, but confine current expenditure within a four mill revenue, until there shall be no outstanding State warrants, then reduce the State tax one mill. Draw upon the surplus military fund, for State House expenditures, as here-

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tofore, until the Capitol can be occupied. Liquidate all military warrants, then repea.l the military tax altogether.

LOCK BONDS.

The accumulating funds from the Internal Improye-. ment Grant should be placed at interest, and authodty be given for the gradual liquidation of these bonds, as the funds for their payment incl'ease. As the faith 'of the State is pledged for the administration of the Llternal Improvement Fund su as to meet these obligations, prompt and sufficient appropriations to meet the maturing coupons are imperative.

PUBLIC LANDS OF THE STATE.

By the act of the Legislative Assembly of October 15, 1862, the Governor was empowered and directed to locate all the lands to which the State was entitled, nnder the several acts of Oongress, making grants to the State.

The condition of our public land interests, at the time of my entrance upon the duties of the Gubernatorial office, four years ago, was fully set forth in my last biennial message. Since that period the work of securing the interests of the State, in these public grants, has steadily progressed.

INTERNAL IMPROVEMENT GRANT.

The full amount of the Internal Improvement Grant of

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five hundred thousand acres, held nnder act of Oongress • of September 4, 1841, has been selected and finally ap-proved to the State by the Secretary of the Interior-the exact quantity so vested being 500,006.99 acres, as per _ final statement of the Oommissioner of the General Land Office, bearing date February 6, 1874.

GOVERNOR'S MESSAGE. 11 ------------------------------------

UNIVERSITY LANDS.

By act of Congress of February 14, 1859, admitting the State of Oregon into the Union, seventy-two sections, amonntillg to. forty-six thousand and eighty acres of land, were set apart and "eserved for the use and support of :a State (Tnive1'8ity. These lands have been fully selected and the quantity of 44,366.81 acres have been finally approved hy the Department of the Interior. The limited balance will be approved in the due course of official business.

INDEMNITY COMMON SOHOOL LANDS.

The lands taken in lien of the sixteenth and thirty~ixth sections in each township, held for common school purposes, under authority of the act of Oongress of January 7, 1853, have been selected as fast as the surveys have been completed in regions where the settlements have preceded the surveys.

In a11 cases where the settlements have not reached

newly surveyed lands, at the time of the surveys, the sixteenth and thirty-sixth sections become vested in the State without listing, by force of the original grant for common school purposes. TheB,mount of the Indemnity Oommon Schoo! Lands, so far selecte(l and approved by the General Land Office, is one hundred and nine thouRand, seven hundred and nine acres. The amount sejeut~d and awaiting examination for approval is five hundred and eighty acres. These selections cannot be finally completed until all the public land of the State shall have been surveyed by the General Government.

AGRICULTURAL OOLLEGE LANDS.

rfhe condition of the land granted by Oongressby :Act

12 GOYERN01~' [-) MESSAGE. ,.

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of July 2, 1862, providing for the establi"hmellt of Col-leges in the several States for the benefit of Agricultural and Mechanic Arts, was fully stated in my last bienllial message. On acconnt of obstacles therei.1 set forth, tho land,s selected undel' this grant had not been approved, although they had beenselected by a Commission created and authorized by the Legislative A8sembly at its regular session in 1868~

The special Act of Oongress touching thi" subject, approved .T une 4th, 1872, provided, in section second thereof, "that any such selections "lready made by said State (Oregon) and the lists duly filed in the proper distri ct land office, be and the same are hereby confirmed, except so far as they may conflict with any adverse legal right existing at the passage of this Act." On exammation of the lists of these lands for final approval by the Oommissioner of the General Land Office they were found to conflict with the Klamath Indian Reservation, and that the quantity of 10,Ofl2 acres of the same lay within said reservation. The boundaries of the reservation were not definitely known to the commission charged with the duty of selecting these lands, hence the conflict. The amount of 79,235.17 acres of this grant is now finally approved, and the lands have be811 offered for sale pursuant to the provisions of the Legislative Actfor that purpose approved October 28, 1872.

The amount to be selected anew, after all rejections fot' conflict, is 10,764.83 acres. The selection of thi8 balance has not been hastened, for the reason that lands of It greater value than now obtainable can be listed after the publlc surveys have been further extended.

These lands have not been disposed of as rapidly as was expected when first offered for sale. It is thought by

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some who are well acquainted with the pre.mises that the limitations of the statute providing [i)!' their c1ispo,ml requiring sales to be made to act\l~d settlers only, and in qnantities of not more than three hnnched and twenty acres to each settler, are ob3trnctiol1" in the way of sale.

It is asserted that the lands "elected are better adapted to grazing purposes than to general agriculture, and .tlmt more than a half section is necessary for a ~,r()fitable stock ranch, while tho~e who already own three hundred and twenty aCl'e~ of land are debanecl by the ::;tatute from purchasing any of the Agncultural College "elections.

It is certainly a good public policy to divide the public lands of the State into all many home::;teads as is compatible with successful settlement, but the early disposal of these lands, in order that the funds al'i"ing therefrom may be made available for the support of the Agricultural Uullege, would seem dedirable. 'fhe miuimum price 18

fixed by the act of Congress making the grant, at two dollars and fifty cents pel' acre. I call you!' attelltion to this subject and suggest an inqniry whether, Ii)!' the purpose of facilitating sales, a change in the conditions of sale prescribed by the act of October 28, 1872, might !lot be advisable.

PUBLIC BUILDING LANDS,

The quantity of ten sections, or tlix thousand four hUlI

dred acres of public lands, were granted to the State of Oregon by the act of Congress of February 14, 1859, before referred to, which, in the words ot the Act, were "to be selected by the Governor of said State, in legal snbdivisions, for the purpose of completing the public buildings, or foJ' the erection of others at the seat of government, undel' the direction of' the Legislature thereof:" I

GOVERN Oft'S MESSAGE.

Sinee yOll!' last session these land" have, been selected and appl'oved by the local land offiee.; within who.~ejurisdic- ~ tion the locatiolls have been made, but final approval by the Department of the Interior has not yet been had.

SALT SPRINGS.

The Aet of Congress last before mentioned also contaills the following provitlioll: "That all salt springs within said State, not exceeding twelve in number, with six sections of land adjoining, or as coutiguous as may be to each, tlhall be granted to said State fOl'its utle, the same to be delected by the Governor thereof within o~le year after the admission of said State, and when so selected to be lltled or disposed of on such terms, conditions and regulations as the Legislature shall direct. Pro-cided, that no salt sprillg or la,nd, the right whereof is now vested in any i ndi vidual or indi viduals, shaH by this article be granted to said State."

No selections of springs or lands having been made under this authority within the stated limit of time, on the 17th day of December, 1860, Oongress passed "An Act to amend the fourth section of the Act for the admis-sion of Oregon into the Union, so as to extend the time for selecting Salt Springs and contiguous lands in Oregon." By this Act it was provided "that the time for selecting the Salt Springs and contiguous lands according to the pro-visions of the fourth section of the Act entitled 'An Act for

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the admission of Oregon into the Union', approved Feb- • ' ruary 14, 1859, be extended to any time within three years from the passage of this Act, anything in said sec-tion to the contrary notwithstanding." This extended time expired December 17, 1863, without selections of Salt Spring~ and lands adjacent thereto having been made.

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GOVEPeXOH'S MESSAGE. Iii ------~--------------------

The right to these springs and to the lauds melltioned ill this grant therefiwe lapsed at that period.

rrbere are several Salt Springs within this State of superior character and of great future value, already known, and I doubt not there al"e mall,Y other::; yet ulldi,,covered which might be secured to the Stahl if the time for selection cou Id again be extended. The entire qualltityof public lands which would enure to the State if the spri lIgs could be acgui 1'eu, vvould be fortx-six thousH nd and eighty acres. Th18 is a grant customary to be made to the new States upon their admission into the Union, and is of such importance that I suggest that JOu memorialize Congress to pass an act again extending the limit f(11'

selecting the Salt Springs and contiguous lamb.

SWAMP LANDS.

The right of this State to the swamp andoverftowed lauds within her bonlers, uliequi vocally granted by Act of Congress, of March 12, 1860, extending to Oregon tbe provisions of the Swamp Land Act of September 28, 18;)0, has not yet been fully acknowleged by the Gerlel'al Land Office.

In my last biennial message the following remarks were made upon the condition of this elastl of lands as existiug at that time:

"But little notice was taken of this important grant by the public authorities of this State until the sesssiol1 of the last Legislature, at which an Act was passed bearing date October 26, 1870, entitled 'An Act providing for the selection and sale of the swamp and oV(!rfiowed land~

belonging to the State of Oregon.' This Act provided' that the Board of School Land Commissioners should appoint depnties to proceed as soon as practicable, to

16 GOVER)(OR'S ;l;IESSAGE. - .. -----_. __ .. _._----------

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,.;elect ill the field all the lands rendered unfit for culti va_ t:on by inundation or overflow within tbis State, and to " make retul'll of the same to said Oommll'sioners.

"Purcllmllt to this anthOl'it.y, deputies have been appointed who huyc proceeded t.o the field and made ,;electiolltl in their several districts of such land as they deemed to fall within the description of said Acts of Uongres:;, omitting under instructions fmm the Board, all such swamp lands as are claimed and occ.L1!Jied by bona fide settlers, under whatevet' right they claim. The amount of swamp and overflo,ved lands 80 selected, free from eonflict, and repo!ted to the Board up to the present time is 174,219 97-100 aCl'es, liilts of which have been duplicated and duly forwarded for filing in the office of the Surveyor General of Oregon.

"In examining the title of the State to these lands, and the condition of the grant, I found that there had been a practical omission on the part s>f t.he Department of the Interior to execute the laws of Oongress making this grant, as far as the same related to Oregon. The usual special inetructions sent to Surveyors General of other States, holding undel' the same acts of Oongress, directing a oegregation of the swamp lands, had not been transmitted to the Surveyor General of this btate. Deputy United States Surveyors in the field had generally made no note of the swamp lanrls, but had returned all this class of lands as arable, and the several local land offices had been accustomed to dispose of them without reference to the title of the ~tate, as public lands of the United State;;;, subject to homestead and pre-8mJltion settlement, By this means considerable portions of the swamp lands owned by the State, and which are still vested in the State, had been disposed of as the lands of the United States.

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GOVERNOR'S MEE'SAGE. 17

"A letter was addre8sed by me to the Secretary of the I Interior, bearing date N(H-em ber 9, 1871, calling his

attention to the acts of Congress under whieh we hold these lauds, and to the omission of the Land Departn"ent of the United States to execute the laws. 'rhe correspondence npon this subject is herewith accompanying. In this correspondence I have urged the General L.md Department to execute the Swamp Land laws of Congress , in Javor of Oregon, as they have been executed in favor of other States under the same laws, and to suspend all action of our local land offices involving adverse possession of these lallds until the question of title could be acljusted

). between the State and the United States. On the part of the Secretary of the Iuterior and the Commissioner of the General Land Office a willingness bas been indicated to euter upon the segregation of the Swamp Lands, but no work has been dOlle in that direction by them, and no instructiol1shave been issued, to the knowledge 01 the Executive, in answer to the requests contained in the cor-

• • respondence. I can state, therefore, as the present condition of this importaut -interest, that the acts of Oongress making the swamp land grant to Oregon remain practi-cally unexecuted by the Land Department of the United States. In the meantime, lands unquestionably of a swampy character are being di13posed of by the l{)(~al land offices, thus absorbing the property of the State and complieatillg the title to the swamp and overflowed lands within her borders. * * * In relation to the right of the State to hold these lands, even without any action of the United States Land Department, and without patent, I have not the slightest doubt."

Since the last session of yOl1l' body a leading decision has beeu made by the Supreme Court of this State, in the

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case of Joseph Gaston vs. Frank L. Stott., involving the posseRsion of that. tract of swamp and overflowed land known as VI! appat.oo Lake, in Yamhill and Washington counties. The court, Justice McArthur clelivering the opinion, unanimonsly held that the acts of Congress recited, creat.ed a grant in presenti and passed a fee simple tit.le to t.he State of all the sWlimp and overflowed lands within her borders; and that the State has a right to make selections and to dispose of' the lands acquired under this grant before th!'l issuing of the patent by the general government.

Tbis position bas been held by the highest tribunals of all t.he States, elltitled to this class of lands under t.he acts of Congress from which we derive title, and also by the Supreme Court. of the United States. In the case of Railroad Company vs. Smith, 9 Wallace, U. S. Supreme Court Reports, page 99, the SLlpreme Court 01 the United States in passing upon the effect of the omission of' the Secretary of the Interior to segrogate swamp lands in Missouri, as directed by the act of Congress of September 28, 1850, uses the following pointed language:

"Must the State lose the land, though clearly swamp land, because that officer has neglected to do this? The rigbt of the State did not depend on his action, but on the Act of Congress, and though the State might be embarrassed in the assertion of this right by the delay or failure of' the Secntary to ascertain and make out lists of' these lands, the right of the States to them could not be defeated by that delay."

The condition of' the swamp lands within the State is the same as stated in my message of two years ago, except that progress has been made in segregation by State agents acting under authority of' the Board of School

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GOVERNOR'S MESSAGE. 19 ----------------------

Land Commissioners, as directed by statute. The total amount of swamp lands which have been surveyed and sele~ted by the several deputy swamp land commissioners under authority of the act of the Legislative Assembly of October 26, 1870, is 266,600.42 acres.

No instructions of any character have been received at the office of the Surveyor General of this State, customary to be issued to that office in all States entitled under the swamp land acts of Congress.

The refusal of the General IJand' Office to act in the premises is now reduced to a mere techmcality. The Act of Congress of September 28, 1850, the provisions of which were. extended to this State by the Act of March 12, 1860, provides, "That it shall be the duty of the Secretary of the Iuterior, as soon as may be practicable after the passage of this Act, to make out an accurate list and plats of the lands described as aforesaid (the swamp and overflowed lands), and transmit the same to the Govemor of the State; * * * aUG, at the request of the Governor, cause a patent to be issued to the State therefor." On the 21st day of May, 1860, the Oommissioner of the General Land Office addressed a letter to the Governor of Oregon. proposing the adoption of one or the other of two system~ in segregating these lands, in the follow'ing words:

"1. Whether the State would be willing to abide by the field IJotes of the surveys, as designating the lands, or

"2. Whether, in the event of the non-acceptance of these notes as the basis, the State would furnish evidence that any lands are of the character em braced by the grant.

"This i'8 important to the State also, as, by the second section of the Act, the selections in townships, where the surveys have been completed, are required to be inade

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within two years after the adjourmnent of the first Legislature convened affe!' the passage of the Act; and, where' the surveys are yet to be made or completed, within two year;; from the adjournment of the next session, after notice to the State that the surveys are completed and confirmed."

The Oommissioner of the General Land Office, in a communication to the Governor of Oregon, dated April 26, 1873, referring to this subject, says: "This letter was acknowledged by the Governor Febrnary 22, 1861, and inform'l.tion gi ven that he lmd subndted the proposition, with the inclosures, to the IJegislature which convened second Monday in Septem ber, 1860, Imt that the Legislature had failed to determine which of the two propositions Sll bmitted from this ofBce shoald be accepted," On the 3d day of .J anuar,}, 1872, in reply to the objection, raised for the first time in a letter of the Oommissioner to me, bearing date November 10, 1871, that the State had not f

ejected which of these methods would be the more agree-able; that, by the pfJvisiolls of the Act of our Legislative Assembly, of Octo bel' 26, 1870, providing for the selection • ' ~ and sale of the swamp and overflowed lands, "the State of Oregon has elected to make selections of swamp and over-flowed lands within her borders, by agents appointed by the State, and to fllrnish evidence that all Jands claimed by her are of the charactel' embraced by the grant referred to,"

But the General Land Office still refuses to proceed be-cause the legislative act did not declare, in so many f words, that the Smte did elect to selec[ the lands by its own agents, and does not provide for furnishing the General Land Office wit.h any testimony whatever. I have not lately discllssed this matter with the DepartmeL.t of the Interior, because I deemed fmther discussion of no

GOVERNOR'S MESSAGE. 21

value to the State. The acts of Congress under which we hold the swamp lands do not require any election on the part of the State as to what method shdJ be adopted in the segregation. The proposition of the Commissioner of the General Land Office, contained in hie letter of May 21, 1860, to the Governor of Oregon, asking the State 'to elect. between two proposed methods, which had before that time been practiced in other States iu segregating swamp landtl, seems to have been made out of deference to the dignity and interests of the State to fiwilitate just and sati"factory action, in the premises, rather than to clog the successful prosecution of the work. As to the Legis-1atLll'e of this State prescribing t.he manner of furnishing evidence to the Department of the Interior upon this subject, I do not debm it competent for a State to make rules and regulations for trallsacting any public business with the Departmellts of the United States.

Our legislative act, of 1870, most certainly made election to select the swamp lands by agents of the State, be-

I I cause it provided directly that these lands should be selected in that manner, and such agents have been at work in the field pedorming this duty, from time to time, for four years. To say that the State has not so elected is to deny that a statute is the expressed will of the Legisture.

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The reason which induced the Legislature to provide for making these selections by agents of the State was that this important gmnt might be wholly lost if left to the accidents of the general surveys.

To avoid further controversy, and to meet the views of the General Land Office, I recommend that a joint resolution be passed specifically electing to select the swamp and overflowed lands by agents of the State, and

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instructing the Board of School Land Commissioners to furnish such evidence, and in such manner, of the charac- " ter of these lands as the Department of the Interior shall prescribe.

An the swamp and overflowed lands have been listed in duplicate, and reported in that form to the Surveyor General of Oregon, authenticated in manner as prescribed by that office. One of these lists has been by him forwarded to the General Land Office. The magnitude of this interest is greater than at first supposed. 'rhe southeast quarter of 'the State, not yet surveyed, and but very little explored, appears, by latest information, to be occupied between its mountain ranges by a succession of ridges, hills, lakes and marshes, all productive and valuable. 'The securing" of these lands is the more important for the reason that the residue of their proceeds after paying the Wagon Road warrants is devoted to one of the most important public projects which has attracted notice in this State. I refer to the construction of the Portland, Dalles and Salt Lake Railroad.

TIDE LANDS.

'fhe title of the State to the tide lands upon bel' sea coast and rivers was first brought to public attention in this Stat~ in my last biennial message. I then stated that "these lands belong to the State by virtue of its sovereignty, or the right of eminent domain, independent of any title from the General Government." But in the public mind these lands are confounded with the swamp lands. The titles to the two classes of property are essentially distinct and different. The former does not depend upon a grant by Congress; the latter does. The title to lands between the ebb and flow of the tide has been in

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controversy in other States, and final adjudications by .. the higbest tribunals have determined the rigbt to be

originally in the States. In tbe case of Pollard et al. vs. Hagan, reported in 3d Howard, 212, the plaintiffs held a tract of tide land in Alabama by patent from the United States, which, afte~ controversy, was specially confirmed by two several Acts of Congress. 'rhe defendant held under a deed from the State, and proved that the premises were covered by water at common high tide. The case was a leading one, and was ably argued and fully considered. The Supreme Oourt of the United States held:

"First. '1'he shores of navigable waters and the soils • under them were not granted by the Oom,titution to the

United States, but were reserved to the States respectively.

"Secondly. The new States have. the same rights,

sovereignty, and jurisdiction over this subject as the original States.

"Thirdly. The right of the United States to the public J lands, and the power of Oongress to make all needfnl rules

and regulations fvr the sale and disposition thereof, conferred no power to grant to the plainti:ffs the land in controversy."

In this case a United States patent was set aside, and two acts of Oongress touching the title to the premises were declared void, and the right of the State to the tide lands by virtue of her sovereignty, was sustained.

) This doctrine was recognized and enforced by the Supreme Oourt of Oalifornia in the case of Farish us.

Coon, 40 Oalifornia Reports, 33. In this case salt marshes had been selected and approved to the State as a part of the five hundred thousand acres granted by Congress by Act of September 4, 1841, for Intornal Improvements.

24 (WVERNOR'S MESSAGE.

The lands had been sold by the State to private partiesr

and had been improved at great expense, and bad been held in private possession nearly twentY' yAars. But the, court set all the conflicting rights aside, and awarded the property to the custody and disposal of the R:lard of Tide Land Oommissioners as land,; held by the State by the original title of sovereignty.

I have thus suggested the tenure by which the State holds the tide lands, in order to give a clear idea of the power of the Legislature over them, and of the propriety of distinct and cornplete enactments for their disposal.

The Tide Land Act passed two years ago iR very defec-tive. Its force is limitedto laud abutting or fronting upon or bounded by the shol'e of any bay, harbor, or inlet on the sea coast of this State. This limit should be extenc1edto aJl lands within this State abutting or fronting upon the Pacific ocean and upon all waters contiuent thereto, and lying between the ebb and flow of the tide.

The body of the act also requires careful revision, embodying more explicit authority for the Board of School Land Oommissioners to make disposal of these lands.

1'HE FIVE PER OENT. FUND. ,

The total amount derived from the five per cent. Of the ilet proceeds of sales of the public lands within the State, enuring onder provisions of the Act of Oongress of -February 14, 1859, admitting Oregon into the Union, is $23,-956 69.

In my last biennial message it was stated that the sum of $5,424 25, belonging to this fund, had been withdrawn by the' former Secretary of State. Suit has been instituted, on the part of the State, against the late Secretary and 'sureties, on his official bonds, to recover all moneys on

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account of which that officer was in defdult. A final judgment has been recovered In the prem!ses amonnting to the sum of $10,558 94 for which executiou is now out against said sureties. It is probable that the whole amount will be paid into the St.ate Treasury. This will include th-l said Fi ve Per Cent. Fund default of $5,424 25 and will restore the' fund complete. The accumulations into this fund will continue until sales of the public lands within the State shall cease.

Thus far the account of this fund rendered to the Stat.e, by the Department of the Interior, has included. the sales only made for cash. It. has been urged by several Stat.es, interested in like manner as our own, that a percentage of all lands disposed of :fijI' a consideration should be included in the account' of sales. The State of Iowa has made a special eft'ort before the Commissioner of t.he General Land Office to secure a ruling to this effect upon existing law, but. thus far without success. It would 301'-' pear but just, after having pledged to the several new States five per cent. of the net proceeds of sales of all the public lands withi11 their borders, for the purpose of Internal Improvements, that in all cases where the public lands mentioned have been disposed of for a consideration to the United States, not immediately beneficial to the State, as in case of Soldiers' Bounty Lands, Agricultural CoJlegeLand scrip from other States, permanent Indian Reservations and like permanent disposals of the public domain, the five per centum allowance should be made to the State on their minimum value.

A proper presentatation of this subject, by memorial of the Legislature to Congress might facilitate the passage of An Act recognizing the just. right of this State to be allowed five per centum of the net proceeds of all public

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26 GOVERNOlt'S MESSAGE.

lands disposed of within her borders wherein the State

was not interested.

OOMMON SOHOOL FUND.

The Irreducible Oommon School Fund arising from the sales of the sixteenth and thirty-sixth sections in each township of the public lands, and f!"Om those taken in lieu tbereof; had reached two years ago, the sum of $450,000. The sales of the public lands of the State have been slow during the last two years, owing to the stringency of the money market during that period. But a fair progress has been had in these sales, indicating a healthy growth of the State, and steady increase in the Oommon School Fund. The whole fund now in the hands of the Board of School Land Oommissioners and of the local agents of the Board in the several, counties, amounts to the sum of $504,216 46.

In relation to the management of this fund, I repeat my recommendation of two years ago, which was as follows:

"The efficient work of the Board is swelling the amount of educational funds to such importance that more complete provision should be made for the cU8tody and control of funds in the hands of local agents, and particularly in reference to the collection and return of interest for distribution to the schools. Local agents should be required to give bonds to the Board for the safe custody of the moneys in their hands, and for the faithful performance of their official trusts."

UNIVERSITY FUND.

The total grant of public lands to the State for the support of a University is 46,080 acres. Of this amount

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GOVERNOR'S MESSAGE. 27 ~------~------------------

there have been sold by deed and bond, 19,905 55-100 acres. There consequently remain unsnld, 26,174 45-100 acres.

AGRIOULTURAL OOLLEGE FUND.

This fund has but just begun to accumulate for the reason that it has been but a short time since the lands belonging to this fund were approved at the General Land Office. 'l'here have been but 257 92-100 acre" deeded and 480 acres bonded. 'rhe fund arising therefrom is

$1,844 80.

LITIGANT LAW.

The enactment of the law for the protection of litigants, by the Legislative Assembly of 1870, has given rise to much discussion fiS to the necessity and propriety of the Act. There are manifest good reasons why there should be some specified journals authorized to pub1i.sh all legal advertisements, and that the rates of publication should be fixed by law. Two years ago a bill was passed repealing this Act, but the repealing bill was vetoed on the ground that the original Act, requiring a specific unrertakillg to do the litigant pu bJishing; and, upon the filing of such undertaking; the statute declared that the publisher should hold the privilege during the term of the appointing power. Deeming that this created a vested franchise for the term named, I declined to approve the bill. But the term specified in the Act having expired, the Act is now

subject to repeal.

PORTLAND POLIOE LAW.

The best method of governing American cities is an unsolved problem. Great abuses have been suffered, both

28. GOVERNOR'S MESSAGE.

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in general managemellt and in the administration of Police Departments. To meet an evident necessity, four years ago a law was passed by the Legislature reorganizing the Police Department of the city of Portland. In the new system the Governor of the State is required to appoint threePoliceCommis8ioners, who have full control of the subordinate organization and working of the Police force. This law is in contravention of the general principle of local seJf-government, and should be changed as soon as practicable, I think the time has arrived when the change can aafely be made. Peace and good order have been maintained in Portland since the adoption of the present system. No change should be made without making the Police force responsible to some controlling authority, otherwise it will be ineffective and injurious to the city.

Governor Hoffman, of New York, who had great opportunities of obseevation, remarking upon the government of the city of New York, said in his annual message of 1872: "No good government can-be secured to any great city unless it shall have one responsible head, in whom shall be vested all executive power, and to whom, as the elected representative of the people, all departments charged with executive duties shall be directly and summarily respon8ible and accounta?le."

I recommend that the Portland Police Law be so amended as to make the Mayor the responsible head of the Police system of the city.

THE CODE.

It is customary in other States, and has been the practice in this State to provide by law for a compilation of the statutes, at least once in ten years. Such a compilation

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GOVER~OR'S MESSAGE. 29 .

has been made in pursuance of the Act of last Assembly providing "for collectmg', compiling and printing the laws of Oregon," approved October 22, 1872. Upon the completion of the work by the Commissioners, and after its examination by the Governor and the Secretary of State, arJd its acceptance by the Governor as required by the statute, the State Printer appeared and demanded the manuscript compilation for printing. The Act referred to reqnired the Governor to advertise the work of printing and binding and to let the same to the lowest bidder and to contract with stich for the doing of the work.

The State Printer insisted that he was entitled to do the printing, notwithstanding this provision of law, on the ground that by the 1st SectIOn of Article 12, of our State Constitution, it is provided that the State Printer" shall perform all the public printing for the State, which may be provided by law."

Deeming it my province to execute the laws as I find them upon the statute book, I declined to deliver the manuscript to the Public Printer, but proposed to advertise for the printing, as by said Act directed. At this juncture a proceeding of mandamus was instituted by the State Printer before Associate Justice (now Chief Justice) Bonham, asking an order that the Governor deliver said copy to him, the ~tate Printer, to be printed.

The Governor accepted service, and agreed to a stipulation of facts, and that the court should determine the law. On full consideration of the subject, on the 26th day of January last, the following conclusion was reached and made of record in the case:

"The court finds that the act of the Legislative Assembly, approved October 12, 1872, entitled an act for collecting, compiling and printing the laws of Oregon, so far


as the same requires the Governor to let the printing of the laws therein provided for to the lowest bidder, is in contrav8lltion of Section one of Article twelve of the COI1-stitution of this State, and so much thereof is void. Therefore it is ordered and adjudged by the court that the plaintiff herRin is lawfully entitled to the possession of the manuscript Ol' an authenticated copy thereof; of suuh compiled laws for the purpose of printing the same as required by the Constitution of this State."

Upon ,this adjudication, which was consonant with the views of the compiling commissioners, the manuscript was delivered to the State Printer to be printed.

The binding was advertised anq let to be done by the , lowest bidder, at one dollar and fifteen cents per volume;

a. price much lower than any public work of the kind has ever beeu before done in this State.

The three thousand volume,> required by the Act to be printed have been completed and bound, forming a compact volume of 922 pages. The work was carefully executed under the personal supervision of Judge Matthew P. Deady, one of the Commissioners, and is of intrinsic value to the State and to the legal profession.

The State Printer has not allowed the publishing of any copies of this Code, except the number authorized by law, so that the State can derive the full benefit of the sale of the work.

The cost of Code printing by the State Printer will, I am informed, be about eighteen thousand dollars. The rates of sale of this work should be fixed by law at a price which will reimburse the State for the expenditure.

An impression has prevailed to some extent that the decision of the court pronouncing one clause of the recited Act to be void, annuls the whole Act. This is an error.

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The body of the Act is as valid, and as operative, as though the condemred clause had never been inserted therein.

BOARD OF SOHOOL LAND COMMISSION~~RS.

The labors of the Board of School Land Commissioners have been continued with efficiency. This Board is constituted directly by provision of the State Constitution and is composed of the Governor, Secretary of State and State Treasurer, and charged with the duty of selling the School and University Lands and investing the funds arising therefrom. By section six of the act of October 28, 1868, regulating the sale of these lands and providing for the management of these funds, it is enacted "that the Board of School Land Commi3sioners shall pay over all moneys now in their hands, or that may arise from the sale of said School and University Lands to th8 County Treasurers of the countie., in which the lands are located and shall be loaned by said Treaurers," etc., etc.

This sectiou carne under the adjudication of the Supreme Court of this State, at its present sessioll, and was held by the court to be void for the reason that it waR in direct conflict with sectIOn 5, of Article VIII, of the Constitution, whi.ch devolves upon the Board of School Land Commis3ioners solely, the duties here specified to be done by County Treasurers. The Code Commissioners have arri ved at the same conclusion and have so stated in a note to the text of the new Code.

Anticipating such a result whenever the qnestion should be raised the Board has uniformly required all transactions by County Treasurers, touching these funds, to be in the name of the Board, so that the State might not sufrer for the want of proper and sufficient securities,

32 GOVERNOR'S MFJS8AGFJ.

and yet an effort has been made to carry out the letter and spirit of .this unconstitutional section of said Act as near as circumstances would permit.

I would recommend that an act be passed providing for agents in the Reveral counties, to be appointed by the Board, who should act under its direction. Bonds should be required for the faithful performance of duties, and compensation be provided for services.

Thi" interest is too grave a one to be lightly or incon-•

siderately disposed of. The report of the Board, showing specifically the amount of land sold and bonded, and the name of each purchaser, and minutely all it transactions for the past two years, prepared by the Clerk, Thomas H. Canu, is herewith submitted. The Board has held monthly sessions to hear and determine all conflicts of right between applicants for land, and between settlers claiming the same land. Full records have been kept of all proceedings, as in a court of record, and duplicate originals have been preserved, in bound volumes, of all deeds executed.

As the extra duties of segregating and disposing of the swamp lands, and of the tide lands, as wen as other duties, have been also devolved upon this Board by statute, in addition to the dut.ies created by the Const.itution, it is probably the most laborious organization in the State. The work done by the Board of School J-Jand Commis-

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sioners; in Oregon, is done in other States by Surveyor General, State Land Office, Board of Swamp Land Com- ( missioners, Tide Land Commissioners, and School Fund Commissioners - all separate and distinct officers, h3 ving compensation as such.

It has been found neCeSSal"Y to employ a Recording Clerk of this Board, under authority of section twelve of the Act of October 28, 1868, and the special provision of the

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law of last session making appropriation for that purpose. Previously to 1868 the members of this Board were

compensated for their services at the rate of four hundred dollars per annum. The provision making this allowance was repealed at the session of that year, for the reason that the, Board was inoperative. All the arrearages of work have been brought up during the past four years, together with the multiplied duties of that period, in addition to the legitimate' duties of the chief offices of the

. State; and all without compensation as a Board.

SALMON FISHERIES.

The salmon fisheries of the Columbia ri vel' are assuming such importance that I take occasion to call your attention to the subject. The product of these fisheries was scarcely noticeable four years ago, but last year it approximated one million dollars in export value, and for the season of 1874 exceeds a million and a half.

This river, bearing to the ocean a volume of water hardly less than that of the Mississippi, pure, cool, and generally unobstructed by ice in its lower extent at all seasons, is doubtless the best salmon. producing river in the world. We have been accustomed to think that this fish product was inexhaustible. But the river fisheries of all countries, where the laws have not intervened for their preservation, have one uniform history-first decimation, then destruction.

The rivers of the northeast coast of the Ameri'can continent were at an early date in our history, relatively as well supplied with this imperial food-fish as the rivers of the northwest coast are now. But through want of public attention, by over fishing and unseasonable fishing, and by the obstruction of streams with mill dams, having

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34 GOVERNOR'S MESSAGE,

no fish ladders for the ascent of the fisb, the salmon bas become almost unknown ill all the rivers of New England, and totally gone from many of them,

At one time the salmon frequented all the rivers of Great Britain, bnt have b~en driven out ot many of them by the turbid, poison waters from the sewers of manufacturing towns.

By the cODstruction of fish-ways and by stringent regulations of law limiting fishing to certain seasons of the year, days of the' week and hours of the day, in which it sh<:tll be lawful to take fish? the run of salmon, ;)IlCe much dimintshed, has of late years been increased in several of tbe ri vers of Scotland and Ireland.

The shad of the Middle States, a fish which, like the salmon, makes its annual incursions fi'om the sea, has been lost to several rivers once filled witb their roving millions. 'l'hey were destroyed by reckless fisbing, and cut off from their spawning groullds by mill dams. A lively interest is now manifested throughout the States bordering on the Atlantic sea-board, seeking by fish culture, not ollly to recover lost fisheries., but to create lIew one3, and to introd uce species of fish valuable for food, uot before known in those watel's.

In Oregon we have, in great abundance, two of the best 1"iver fishes in the world, the salmon and tIle trout. '1'0 preserve the,se is worthy of careful legislative enactrnents.

Salmon fishery constitutes an interest of so much importance that no action should be taken upon it without a complete knowledge of what action is demanded, and d

clear conception of the public good in the premises. I therefore recommend the establishment of a fish commission to be composed of prominent and competent citizens, who will be willing to serve without compensation, and

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GOVERNOR'S MESSAGE. 35 ------ .----------~-----------.~--.---- "._----._-

wh() will consider the whole subject and report their views upon it to the next Legislative Assembly.

As the Oolumbia river forms a common boundary between the State of Oregon and Washington Territory, and is subject to the concurrent jurisdiction of both, the commission should be authorized to correspond with the authorities of the Territory of Washington, in ord81't.hat whatever legislation may be had on the subject, may become the law of both jurilSdictions.

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The salmon has seldom fi'equented the waters of the upper VViIlamette ri vel', not being able to pass the falls at Oregon Oity .. It was anticipated t.hat the salmon would pass to the upper vVillarnette through the canal anc1lock~ lately constructed at thoRe falls £01' the purpose of navigation, but it is ascertained tllat the fish will not follow slackwater channels, and consequently will not present himself at lhe gates ~f these locks. Yet the upper vVillamette river, on account of itt! smooth and pure waters, and its milder tempeeatul'e is thought by the observant to be the best home for young fish of all the tributaries of the Oolumbia. If the salmon eould pass the falls of the Willamette without iqjury, the result would be a great blessing to the people of the Willamette Valley, as well as a great addition to the spawning grolll1ds tributary to the Oolum bia fisheries.

The salmon readily ascend the fish-way in Scotland and [reland. I would therefore. suggest, that in ease the fish commission is authorized, that. the Board be charged with the duty of examining whether or not a fish-way could be eonstructed at th.e faUs of the Willamette at limited expense, to meet the end referred to.


PILOTAGE AND TOWAGE ON THE COLUMBIA A.ND WILLAMET'fE RIVERS.

Your special attenti on is called to the necessity of more suitable and certain regulations of pilotage and towage on the Columbia an,d Willamette rivers. It is most important to our rapidly increasing commerce that these regulations should be just, discriminating and efficient.

HARBOR-MASTERS.

The number of foreign vessels destined to arrive m ballast, at the ports of l70rtland and Astoria, for the purpose of transporting the surplus products of this State, suggests the necessity of enactments providing for the reg-

\ ulation of these ha!bors, and the appointment of harbor

masten No considerable compensation will be necessary.

REPRESENTATIVE FROM CLATSOP COUNTY.

The people of Clatsop County have elected a Representative to the present Assembly without authority of the la3t General Apportionment Law. It is claimed, in this case, that the County was districted with Tillamook County in the election of a Representative, while she was entitled, under the rates established ill the late apportionment law, to a Representative alone. Justice should be done in the premises.

. PENITBNTIARY.

I call J our special attention to the interesting and lucid report of the Superintendent of the Penitentiary. All the detailed workings of this institution are set forth with care and faithfulness.

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Our State Prison, during the past four years, has. b<Jen brought up to a much higher standard of discipline and productive industry than was at first anticipated. Four years ago the State was without a tenantable prison. The prison gronnds were unimproved and undrained. Portions of the premises, having been subject to overflow, and remaining at seasons wet, were unhea1thy. The prison farm, consisting of one hundred and fifty-seven acres, has been drallled, cleared of brush and worthless trees, fenced and reduced to cultivation. A new prison has been built, complete in all apointments, and so substantially constructed that it will stanJ for centuries.

A water power of immense capacity has been created almost wholly by the employment of prison labor, the value of which in the future employment of mechanical prison industry can hardly be estim~ted. This water power has been so thoroughly and scientifically construct,ed that it is not liable to future damage by flood or time. The canal is of earthwork of uniform grade through a clay subsoil. It crosses but one depression requiring a culvert, which is passed upon an arch of masonry, the u~iform earth embankments being kept up. 'I'he old wooden prison buildings have been utilized as workshops.

The efficient management of the Superintendent, W m. H. Watkinds, Esq., is worthy of high commendation. The care of the health and morals of the prisoners, the success shown in securing to the State cheerful and productive labor, the evident progress made in reformatory discipline all prove the comppJ.;dnt and faithful public officer.

The subject of prison reform has a broader bearing and a wider interest than is generally supposed. Many become interested in its plOgress and look -upon the result


with the single view of its ejects upon the unfortunate prisoner alone. But the welfare of the State is affected in several aspects of the case. Society must receive to its bosom all discharged cOllvicts. Do they come as persons capable of beginning new lives and of becoming industriOLlS cItizens? 01' do they come as bardened criminale, to return again to a life of crime? If the former, the State gains a productive member Df its boely, not to be a public expense, but to assist in bearing' the common bnrden. If the lattcr, the released convict again becomes a prey upon society and his road leads back to prison, there to be a tax upon the State.

In leading prisons, in the older States, where special measures of reform have not yet been adopted, the proportion of discharged convicts, who return to prison life, is stated to be from seventy to ninety per cent. During the last four years the proportion of returns has not reached four per' cent. The exact number of discharged prisoners, during tbat period, has been one hnndred and seventy-nine, and the number who, after discharge, have been convicted of crime and resentenced has been but SlX.

The Superintendent reports but one convict now at large, by escape, since his superintendency, and that 110

escapes have taken place within the last two years. This is remarkable in view of the fact that convict labor has often been employed outside of prison bounds.

To the credit of the women of Oregon I take occasion to remark that du~ing the Executive term of four years, just elapsed, there has been but one female inmate of our State Prison, and that of the one hundred and thirteen convicts now in OLW Penitentiary, not one is a woman.

I join in the recommendations of the Superintendent's

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GOVERNOR'S JMESSAGE. 39 "--------------------------

report, and desire to call attention to that portion of the report which refers to leasing convict labor. The time has arrived \\:hen action must be had upon this subject. After years of trial in the older States the system now adopted in the best regulated prisons is that of le~sing to contractors the labor of the prisonel's, in numbers to suit the classes of business in which they are to be employed, at a certain per diem rate, the SbJ,te furnishing shops for mechanical labor with the power, and the main line of shafting connected with the power, the State re3erving its control of the p1'i80ne1'8 and their support and disci })line.

No important rnanufaQturing interest can be established at the Penitentiary by contract for labor unless there is special authority of law for long-time contraets.

The preparation of flax for foreign shipmel1t has been introduced as an experiment, and has proved a sllccess; so much so that the partIes engaged in the business desire to engage the labor of a number of convicts on long lease, for the prosecution of this important branch of industry,

.. ) for the first time illtroduced into Oregon last year, at the prison. I specially commend this enterprise to your consideration.

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Many otbe1' branches of manufactures mentioned in the Superintelldent's report can at once be introduced in case" continued 1e18es of labor be authorized.

The compensation of the Superintendent is without doubt low, when taking into consideration the valuable and responsible services performed by him.

The reports of the Penitentiary BuilJing Commissioners, showing the accounts of the final completion of the buildings and the expenditure of the appropriation, accompanieR the Superintendent's report; also the report


of the Prison Chaplain, Dr. C. H. Hall, and of the Prison Librarian, Dr. E. R. Fiske. 'rhese gentlemen have labored for the good of the pris~ners devotedly and without compensation, in the true missionary spirit. The suggestions in their reports are worthy of consideration by the Assembly.

Under the care of the Prison Physican, Dr. A. M. Belt, whose report also accompanies that of the Superintendent, the health of the prison has been l:emarkably good. The Physician saj's: "The prisoners have been nearly exempt from the evil effects of solitary vices that are so common in prisons. This is due largely to the excellent rules of the institution, securing wholesome diet and regularity of' lahor, exercise and rest."

It is hefitting here that I pay a tribute to the memory of one who, from the establishment of the Penitentiary at the seat ot government to the time of his death (which occurred since your last meeting ),was its voluntary chaplain. The Rev. Alvan F. Waller, one of the earliest missionaries of the Methodist Episcopal Church in Oregon, for more than thirty years witnessed the progress of this new community - first the colony; then the Provisional Government; then the organization of the Territorial form under the United States; and, afterwards, the State. Through all these stages of successive development he has left the impress of a strong mind and a ceaseless energy upon the land-marks of our progress.

He took the greatest interest in, and gave most valuable assistance to, the later efforts at prison reform. In the words of the Superintendent's report, "He visited the prison throngh sunshine and storm alike - the prisoners duri.ng health and sickness, and followed their remains to their last resting place, giving them the benefits of Chris-

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GOVERNOR'S MESSAGE. 41 -~~~--~---~~ --------~~ -------------

tian sepulture without payor expected earthly reward." He rests well whose work is well done.

HOSPITAL .FOR THE INSANE.

The report of the Superintendent of the H08pital for the Inc-ane is herewith submitted. Dr. J. O. Hawthorne, the Superi ntendent, has been connected with thG care of the insane ill this State eyer si nce the first establishment of a State Asylum, twelve years ago.

The institution during the past two years has been COll

ducted with the same care and humane treatment, and with equal success in the recovery of unfortunate sufferers from insanity. The whole numher of patients now in the hospital is one bundred and sixty-three public, and four privates. Of these one hundred and nineteen are males and fifty-eight are females. The report is full and instructive, and is worth}- of careful consideration. It is but justice to the Superinten(lellt td flay that his management of this institution is a high credit to Oregon. The contract of the last foUl' yeal's has expired, and it will be the dnty of the Legislature to make further provision for keeping our insane.

In making new engagemen~s it will bardly be necessary to snggest that a spirit of enlightened humanity should j

assist in the disposal of the su bject. 'l'he report of the Vitliting Physician, Dr. Andrew D.

Ellis, replete with interesting details, is also submitted.

PARDONS.

As required by statute, a report of pardons granted during the biennial period just closed, together with the reasons for such pardons, is herewith fUl'Ilished for tbe information of yom Honorable Body. A. le3s number

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have been granted in proportion to the number of prisone,1'S than during any like period heretofore. I have sought to examine and act upon each case presented with impartiality and vvith an effort to execute the trm,t which I hold for society, with faithfulness. By a moderate exercise of the pardoning power, and by encouraging" prisoners to shorten the term of their imprisonment by merit marks, under the statute, for good conduct and extra work, a better discipline is maintained.

THE MODOC INDIAN W AI{.

On the first of Decem bel', 1872, the country was startled by the news that the Modoc Indians belonging to the Klamath Indian Agency had risen in arms and fallen upon the unprotected and unsuspecting settlements on Lost River, and had,' on the 29th and 30th of November, ruthlessly murdered eighteen unoffending citizens, pillaged their property, and committed their dwellings to flames. There were no available United States troops within succoring distance of the scattered and dismayed neighborhoods of the Lake Basin: By telegram the Governor was petitioned for immediate relief and protection. The duty of the moment seemed imperative, and orders ~rere at once given fol' the mustering of a company of mounted volunteers in Jackson LJounty, and John' E. Ross was commissioned as Brigadier General of the 1st Brigade of the Oregon Militia, anel directed to move at once to the scene of distress, to report what force was required, and to do what lmmanity and the duty of the State demanded. This force reached the field of the massacre eight days before any other military assistance arrived, and engaged itself in burying the dead and in offices of mercy to the survivors.

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GOVl!JRNOR'S MESSAGE. 43

This was the initiation of the Oregon Volunteer Service in the Modoc Indian war of 1872 and 1873, which, dunng the checkered fortunes of Indian hostilities in Southern Oregon, during tho~e years, employed five companies in all.

At the l'equest of the Secretary of \,\T ar I made a full and detailed report of this service with its initiatory history, to Major General J. M. Schofield, commanding the Military Divisioll of the Pacific, under date of February 13, 1874, a copy of which is herewith submitted. I also submit the official reports of Major General John F. Miller and of Brigadier General John E. I1.OSB, of the Oregon State Militia, toucing operations i.n the field during this service.

At the last session of Congress our delegati.on there procured the passage of an Act virtually assuming the expenses of the State incurred in this service; and, during the month of July last, Inspector General James A. Hardie, of the United States Army, under instructions of the Secretary of War, vIsited Oregon to examine and report upon the accounts engendered in the support of these volunteer troops.

There are good grounds for expecting that a favorable report will be made. The whole amount of the first and second services, as reported to General Schofield, is $130,728 00. I think it but just that those who have mpstered into military service at a time of emergency, and have furnished property for such service, should have the guarantee of the State for their compensation.

I desire especially to present the case of the volunteers who were promised, by their officers, and by tbe Executive the exertion of their infiuencfl to secure to them the pay of

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two dollars per day for their services. 'fhi s rate of pay has


been elltered upon the muster-rolls. It is extremely doubtful whether this rate will be allowed by Oongress, though

. most just, under the circumstances. The State should make good the full pay of these voluhteers.

All honol' is due to the officers and men of this service. In the winter months, in a mountainous district, where storms are severe, they served without tents and often shol't of blanketJ and rations, for the reason that on so sudden emergency, such cOlild not be supplied. Their services were valuable to the State and to' the United States and tended greatly to assist in closing the war.

It is befitting that I take this occasion, thus publicly, to acknowledge, on behalf of the State of Oregon, the distinguished services of Brevet Major Geneml Jefferson 0. Davis, of the Army of the United StateR, for his brilliant and decisive conduct in closing the Modoc Indian war. To General Frank Wheaton, and the officers who served under him, our acknowledgments are due for their gallant and soldierly services from the first, and for their generous conduct townrd the Oregon Volunteers. A resolution of thanks would not be inappropriate, in the premises, as the peace of our entire ea,,;tern frontier was involved in the success of the Modoc camlJaigns.

As to the Modoc outlaws who committed the maS3acres of the 29th and 30th' of November, 1872, and who now stand indicted for mmder in Jackson County, they were taken out ,of the jurisdiction of this State by force, under the direct order of the President of the United States. They are now fugiti ves from ".he justice of this State. As soon as the unlawful detention ceases, they are liable to be returned on the requisition. of the Governor .of Oregon, and to be submitted;)to trial and punishment according to la~ .

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,The claims of oLir citizens in South-eastern Oregon, whose property was destroyed by the savages at the time of the massacre are most just. These settlers had flO part in the cause of the hostilities and were all innocent of offense toward the Mocloes. A memorial of the Assembly setting forth in a clear light public opinion here on this subject, might assist our representatives in Congress in their ef1'orts for an appropriation to cover these claims.

WALLOWA VALLEY.

Joseph's band of Nez Perce Indians, after having joined the general tri be of Nez Perces in the treaty of 1855, disposing of all theil' lands except a reservation on which they agreed to live, refused last year to abide by the tel'ms of a subsequent stipulation made by the t.ribe to retire wholly from Oregon. During the Modoc war Joseph's' band was on the eve of an outbreak to assert its right to the Wallowa lands formedy released by the tribe. These lan(is have been sUl'veyed by the United States and

" opened for settlement. Many of OUl' citizens had settled there. As a peace measure the President of the United States 'inade an executive order setting aside these lands as an Indian reservation. The Indian ;Department caused the property of the settlers to be assessed with view to their removal. • At thiB juncture I transmitted to the SeCl'etary of the Interior a communication reciting the full history o£ the treaties in controversy, asserting the

" right of this State to the jurisdiction of these lands and therig-hts of our citizens to their farms and property in the Wallowa regions; and gravely protesting against the steps being taken by the General Government, as lmauthorized by law. Senator Kelly an¢J. the late Representative Wilson had filed their protests in the premises also.


It IS now indicated that the executive order of the President will nvt be enforced, but that the lands will be considered open for settlement. A military force has been lately stationed ~n the valley to pl"eserve peace with the Indians. This region is one of the most valuable parts of Oregon for grazing purposes. A copy of my commnnication on this subject to the Secretary of the Interior, bearing date July 21, 1873, is herewith submitted.

STATE PRINTING.

The Constitution has the following provision concerning the State Printer: "He shall perJbrm all the public printing for the State which may be provided by law. The rates to be paid to him for such printing shall be fixed by law, and shall neither be increased nor diminished during the term for which he shall have been elected. " You will perceive by this that you cannot legislate upon the rates of printing to be done by the present State Printer during his term, but a carefully considered printing Act for the future might be inatured and passed. In such an Act distinct provisions should be incorporated defining what work shall be done by a retiring State Printer at the close of his term, and what work shall be done by the new incumbent, as this has become a subject of standing controversy under the present law. ..

EQUALIZATION.

It is a Oonstitutional provision (Article 9, Section 1) that "the Legislative Assembly shall provide, by law, for a uniform and equal rate of assessment and taxation, and shall prescribe such regnlations as shall secure a just valuation for taxation of all pmperty, both real and personal."

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GGVERrWR'S MESSAGE. 47

This undoubtedly contemplates a system of general equalizatio.l. There is positive public wrong, as well as unfaithfulness to the Constitution, in allowing a leading class of property like cattle to be assessed ill the different counties at widely different rates, varying from $8 to $21 per head average, and railroad lines of equal value, from $3,000 to $8,000 pel' mile, as appeared by the tax roIls of last year.

The work of the Board of Equalization, organized under the Equalization Act of two years ago, having been affected by a judicial decisionz was not enforced. The members of the Board have resigned.

To secure equality and justice in the assessment and collection of t"xes has been a troublesome matter in all the States. A satishwtory system is difficult to arrive at. Our present tax laws lack system and should be reformed. The defects in former Acts, pointed out in' my last biennial message, were not remedied by the legislation of two years ago.

I herewith lay before yon the reports of the Board of Equali.zation which discuss the whole sul~ject ably and fully.

STATE CAPITOL.

In the construction of the State Oapitol, of the appro· priation of $100,000 there has been expended the sum of $99,990. This sum has been paid in cash, as the work 'progressed, from moneyfi set aside for that purpose from the Military Fund. There are, il~ the Commissioners' hands, materials ( chiefly iron, tools and necessary articles), paid for, the amount of $12,298 49.

There have been applied also, in construction of the building, co,nvict labor, beick and other materials from the

48 GOVERNOR'S .MESSAGE.

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Penitentiary, the amount of $22,603 80. The cost of the work now in place is $110,802 60.

The work done is within the original estimates of cost,which is very unusual in buildings of this kind. The ioundation, which is massive, is of basaltic ro(;k, embedded in a substratum of indurated clay, and laid in hydraulic cement. The whole ioundation wor~ is subdrained by deeply covered ditches, relievIng it entirely from posRibility of being affected by our rainy season. The balance of the work is in sight, and will speak for itself, both as to plan and architectural style, which, I think, will challenge your approval. The standing walls should be carried up to an even line this season, and securely covered before winter.

The Commissiollers will lay before you, with their report, an estimate prepared by the architects, showing the cost of inclosing the building and fiuishing so much of it as will furni~h convenient room for public occupancy, leaving the main tower, the South wing and the basement story to be completed at a future day, when the State is

older and onr population larger. Less than the sum tr already expended will accomplish this. The skill, conscientious diligence and success of the Commissioners desel've commendation. The architects have given spe-cial attention to this work, and the structure is sufficient evidence of their architectural accomplishments.

GEOLOGY.

The preliminary report of the S~ate Geologist, Professor

Thomas Condon, is respectfully submitted to your consideration. An outline of the remad(able features of the geologyof Oregon is here presented, showing our State to be a field not only of the deepest interest to general geological

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GOVERNOR'S MESSAGE. 49 --------------------------

science, but one which will probably develop great wealth in gold, silvel" iron, lead, coal and lime. It is already becoming appal'eqt that the southeast quarter of Oregon, bordering un Nevada, which is Jet unsettled, may prove to be as rich in mines of' silver anel go'Jd as our sister State. I commend the suggestions made in this report to your favorable notice.

AGIUCULTURAL COIJLEGE.

The Agricult.ural College has been evidently conducted with great effort to reach theohjects of its organization.

The corps of instructors is composed. of gentlemen of high attainments in science and of successful experience as educators. I h01Je the Assembly wi!l provide means f(n' sllsta.,ining this valuable institutIOll until the lande gmllteel by Congress for its support can be made available fo!' that purpose. The reports of the President and Professors of the Oollege are herewith laid before you.

STATE UNIVERSITY.

I)ursuant to the Act of laRt session of the Legh;lative Assem bly, locating the State University at Eugene City, a bui lc1ing de3tined for the occupancy of tbis institution has been el'eeted and inclosed, but not finislJec1 illside. The structure is a ~mbstalltial brick building, three stories high and well calculated for the purpose designed.

The U ni vel'"ity enuowmellt accumulating from the. Congressio')ul Land grant, will reach one hund~'ed thousal1l1 dollars within a tew years, aud I am informed that there i" also a donation of property of the value of twentyIi ve thousand d.)llars more fl'Oll a prr vate citizen, contingent only upon a successfril and permallent organization of this institution at Eugene Oity. I recommend

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50 GOVEltNOR'S :MESSAGE.

that reasonable further time be given to complete this building, ill full cornrJianee with the terms of said Act.

INSTITUTIONS FOR MUTES AND THE BI .. IND.

The schools establisbed for mutes and the blind have been sueeessfully conducted. I lay before you very full and interesting reports of the superintendents and teachel's of these insli.tutiolls, also reports of the Bm.rc1 of School J~a[]c1 Commissioners an(l the Boa~d of Education, giving full details of the management and fiscal accollnts of the same. The Pri vate Secretal',}' of the Governor, Han. Henry H. Gilfl'Y, has during the last two years, devoted mnch personal attention to the general interests of these sebools, and has made all the purchases of supplies alld disbursed all the moneys in detail fOI' their current support, free of charge, ill addition to the full performance of his own

official duties.

COMMON SCHOOLS.

The Superintendent of Public Instrnction will jay before yon a report of hi,; conduct of that office since it3 creation.

The duties of tIle Superintendellt have been faithfully discharged, alld the difficulties of organization unclor a new law have been overcome with a good degree Of'sllc

cess. The Board of School Land Commissioners should be

enabled, with more certainty, to collect the interest Oll the

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rent support of schools.

IMMIGRATION.

I have been 1 n receipt of valuable communications and papers ton ching the subject of immigration. Several

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plans are proposed for the assistance of emigmnts \,.ho desire to become c' t':ze~ls of Oregon.

The state of our public fmmces win not admit of the expellditnre of a large sum of motley in this interest, however desirable. vVe need population, bnt it will be eertainly wise to act within om resources of revenue. A commission of emigration, consitlti.ng of prominent citizens who would serve wi thout com l,ensation, authorized to correspond with appointed voluntary commissioners abroad, and to advise and direct emigrants arriving here, and to publitlh authentic int(wmation concerning the resonrces ot the State, at limited expense, might be advisable.

The strongest inducements which we can ofFer for immigration of the best elasses will be freedom from debt and low taxes. The commnnications and papers referred to are herewith respectfully submitted.

FOHEIGN A'l"l'ORNKYS.

Attention has been called to the fact that our statute, providing f(ir the admission of attorueys to practice in the COllrts of Oregon, permits no one to be admitted except he be a citizen of the United States, and of this State. A~

om Constitution admit" to the privilege of sufti~ge, all persons of foreign birth o\'ei, twenty-one years of age, who shall have declared their intention to become citizen" of the United States, and shall have resided within this State fot' one year, it appears but just that such should be adrnitted to practice as attOl'l1eys in 0111' COl1l'ts, if otherwise qualified. I recommend that pri vilege be so extended by Legislative enactment.

ADJUTANT GENERAL.

Previously to 1870 the Adjutant General was allowed a


salary of $300 pei' annum. The salary was repealed at the J ___ ogislati ve session of that yeal'. No pay or allowance for actU:11 expenses are now provided bv law for that officer.

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Colonel A. P. Dennison, who has lately ,resigned the office of Adjutant Gelleml, performed impOl'tant services, at his own personal expense, during the late Modoc Indian hostilities. He petitions fm reim bursement of these expenses. I lay, the petition uefore you ""ith the recommendation that these expenses be paid.

QUARANTINE.

Tbe quarantine laws have been stric','y enforced. There can be no dOll bt that the introduction of contagion by ships from infected POrts has heen materially lessened. Fi ve vessels have heen qnarantined, and all sU:'lpected vessels boarded andexamitled, during the last two years. Our pure atmosphere is not apt to communicate contagious diseases readily. 'With the enforcement of good health regulations onr State will be comparatively free fi'om pe~tilence. I refel' you to the accompanying report of the Health Officer at Astoria.

OESSION OF LANDS TO UNITED STATES FOR J---IGHTHOUSES.

A commnnication from the Secretary of the Treasury has lately been received by me stating that "uncleI' the

impl'ession that the Genel'al Govel'l1ment had jurisdiction over the navigable waters within tbe United States and the land covered thereby, lighthouses have from time to time been erected on submal'ine sites within the territorial limits of the States, without procllring the cession of jurisdiction required by the Act of Oongl'ess of May 15, 1820. It is now understood that the States may have

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jurisdiction over lands covered by navigable waters within their territorialliITlits."

The Secretary requests, in the interest of commerce and navigation, that tIe GllVel'l10r will re00mmend to the Legislature of this State, "The passage of a general law, ceding to the United States, jmisdietioll in all cases of sites uf lig'.thol1s8s and othel' aic13 to navig,ltioll, built on submerged ioundatiol13, and where the land ul1l1er water is owned by the State, pl'Oviding for the cession to the United Stutes of the land also':'

rfhe commnnication is accompanied with a form of a bill which will be sufficient and satisfLlctory in the premises. Tbese papers are rewectfully submitted with a recommendation to your favorable action.

This request is a recognition of the title of the State to all lands under navigable waters within her boundaries, which is similal' in character to the right by which we hold the lands on our sea coast, lying between the ebb and flow of the tide. It is the light of Rovereignty or of emlllent domain pointed out in my last biennial messag'e. Some of the original thirteen States are just now developing this title after allowing' it to lie dormant for a century.

GENERAL FISOAL MAN AGEMENrr.

The general fiscal management of all departments of public afiilirs has been good. 'the public work has been accomplished with general faithfulness and Sllccess, and in

.~ nearly all cases the expenses ha:e been kept within the appropriations. There is a deficiency in the appr0priation for the support of the Penitentiary. This is caused by tbe fact that the appropriation was less than ever before in proportio:1 to the numbJI' of prisoners, while the entire proceeds of prison labor were turned over to the

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Capitol Building CommissIon, ancla lal'ge outlay from the appropriation was required for the purchase of' wood and sand, consumed in the mannfiwture of brick fo!' the COil

strcction of the Capitol. There has been also an exceptional increase of inmates in onr Penitentiary during the last two years.

No public moneys have been used, unless previously appropriated by the Legislatnre f()l' the specific purpose to which they have been devoted.

There has not been a c1cf~,nlt, Of' the negligent llse of the public moneys to the amount of one dollar, by any p11 blie officel' or employee of the State, dming the four yearE', that I am inforllled of.

I believe YOll will find their accounts, on examination, to be full, complete and satisfactory. 'l'hroughout the counties, as far as their connections with the State has been concerned, there has been general responsi biIity_ In the COlliltrLlction of all public buildings the contracts have been bona fide, allc1 as much of the .vork as possi bIe, has been directly apldied by labor upon the structure.

RETREN CHMENT.

The power of retrenchment is solely with the Legislative Assembly. No tax can be levied and no public mOlley can be used without an Act of the Legislature first lJavillg specifically authorized the same. No pu bIic officer can ill crease his own pay, llor create perquisites not authorized by the law-making power. To youthe people look for such action as may Ie3sen the expenses of govel'l1ment.

In the transportation of convicts to the Penitentiary, and insane patients to the Asylum, and in returni ng fllgiti ves fl'om justice, a very great saving can be made if the

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GOVP,RKOlt'S MESSAGE.

auditing of accounts shall be based upon actual expenditure ill performi ng the service, and a reasonable per diem pay tor the officer. No guards should be allowed, except by special order of the prOpel" court.

No retrenchment can properly be made in the Executive Department. In other States a conti ngent executi \'8 fund is customary to be provided, to defl:ay necessary expenses incident upon thrJ performance of the many duties alreally liable to be devolved upon the Executi ve, ,vithout special al10vvance to meet them. In this State there is no such fund, while the Governor is constantly called upon to perform Executive duties connected with the admini8tration of' the laws, the expense of which he pays out of his own private funds. I need only instance one of this class of expenses. The Govel'l1or is the Inspector of the Insane Asylum; at each visit he travels fifty miles, and sometimes necessarily spend;; two days at POl"tland, at his own personal expense, in performing this duty.

The Corresponding Clerk of the Board of School J--<and Comlllissioners speeially in charge of the Eastern Oregon land records anu correspondence can be dispenseu with, not because such clerical aid has not been necessary, but because the double duty cast upon tbe Board of doing their own work and of bringing forward the undone work of the fi)rmer Board has now been accomplished, and the Chief Clerk of the Board can now take charge of that duty in addition to his own work.

The rates of pay to subordinates and guards at the Penitelltiary might be fixed by law, though I believe general enconomy has been there pi"acticed in this respect.

As to reductions in fees of cOunty offices, and in effecting general county reforms, being special1y familiar with the subjeets, the members of the Assembly will be the

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propel' judges of what the people desire to be done. I will take great pleasure in joining you in all the proper measures of retrenchment and reform.

REGISTRY LA'vV.

Somethillg should be done to restrain frauds and corruption at elections. If a Registry Act is passed it should not be too cumbersome or expensive, and should be confined to precincts connected with cities alld~vith railroad st,ations, whence complaints of abuses of the suffmge arise .

. FREE PASSES.

The new Constitut.ion of the State of Pennsy ivania prohibits railroad corporations fl'Om issuing free passes to any public officel" l .. aws have lately been enacted in se,'eraI othel' States to like effect. I thi nk a pr6vision of this character in the laws 01 this State would meet with public approbation.

REGULATION OF RAILROAD 3.

'I'he preservation of the State anrl the people from the assaults of monopolies il one of the fil'l,t duties of legi8la~ tion, and clearly within yonr constitutional power of action. Yon create corp0l'ations; you can appoint and regulate their functions. Thl'Ougbout Europe, where railways are not coildLlcted directly by the govel'llment, there are the most minute and stringent rules e{lforced by public authority for their management and limitation. In several of the other States of this Union, where sllch pllblic control has not before heen established, there is now going on a struggle between the people and these corporations, testing the very elements of the right of sov'ereignty and of the law making power.

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III Oregon we have traJBlerrec1 to private corpol'ations, in tl'll3t fUI' the pe:)ple'" be;1(lfit, I1lL,2,'lliticent gmnts of' public land ma(le 1>y Congress to tIle State £()[' the \:Oll

strnctioll of raiIrollcb, re3erving 110 direction of the expend

iture of their procee(l" making no conditions and prescribil1]: no limit,; to their opel'ations. This State is pl'Ob

ably the only one ill the Union 1w\'ing a total want of' railroad reglllutions pre:3Clihec1 by law. /

In SUell a condition, is it remarkable that, feeling the impube of new-grown power, and incit'lc1 by t1le keen ellel'gy of pri vate iuterest, t.he railroad corporations should

be liable to trample UPOIl the people3' rights alld to forget theil' obligatioll:l to the State '?

As all corporation" in this State exitlt ulIf]er prol'isions of general law, and special enadrnent.,; cOllferring special privileges are forbidden by the Constitnti,m, tllO:'<e general corpOI'(ltion htws are sul~jeet to amendment as othel' general laws, and all ineoq:lOration under them is made with

reierellce to that power of amendment.

The plenary power uf' the State to regulate common .) carriel':'; and to protect the right" ttllll illterelts of the peo

ple whenevel' infl'illgecl, I tbillk is undoubted.

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That railways are of great benefit to the public and are indispensable halldmaids to the mUltiplied ilTdustries awl gl'owillg commeree of Oregon, is no objection to

the purpose of regulation, but con,;titutes the reaSOl1 of the demalld to!' legislation npoll this su bject. All property righttl awl all elastled of' business mUtlt exist under law,

alld wbere the manageillent of' any class of property or blltli lIess is liable to afFect the property or bnsilless of othel's ill an UIIU:lual 01' deleterious marIner, regulation by law is 1I0t only proper but illl}lerative. 'l'lli" is the law of public policy.

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58 GOVERNOIt'S MESFAGE.

That the privileges of railroad COl'po\'ations should be limited to the purposes of their incorpo\'ation, aJ cal'l'iers of passengers and freights; that there should be fixed hy law a reasonable maximum of rates; that the interests of merchallts, mi Ilers and shippers should be guarded against wrongful discriminations adverse to them; that prominent points of business on railroad lines should be made stations fe)]' shipment and deli very of protluce and· merchandise; that the roads should be reqllired to be fenced at all points exposed to danger for want of protection by fences, and that a Rimple and direct mode of bringing actions at law by I,artie3 injured, would appear to be of obvious propriety.

The sentiment in this proposerl action is not one of hostility to railway enterpritles, but one of justice, protection, and encoUl'agemem t) the mried interests of the people and to the commerce of the State. It is the Rentiment of equal and exact justice to all, special privileges to none. To exercise strict and definite regulation is a difficult problem. There had better be no action rather than wrong action, bllt let the sovereignty of the State be ( assE,rted, and its legislative power be made manifest in this, as in all things subject to jurisdiction uuder our Constitution.

TRANSPORTATION BY WATER.

Oregon has for its western boundary the gTeat Pacific Ocean, opening out to the commel'Cd of the wodd. The Colum bia, the seeond river in importance in North America, bounds us on the North. The Willamette extends its navigable waters far into theinteriol', and mallY beautiful lesserri vel'S furnish local £:.1Oilities :fiJI' watel' transportation. The",e are nature's higlHvays-the God-

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GOVERlWn't.; MEESAGE.

given arteries of commerce. The obstructions to easy and genemlnavigatioll UpOll all our navigable streams are not difficult of'l'emoval. The nature of the river cBds is sllch that when once properly improve,1 the improvements wi 11 be lasting.

To illdicate in a 5entence the importance of the imprm'ement of one of our rivers, let me say that there are now being gathered into warehonses in the valley ofthe Willamette, within easy delivery to the river, five million bushels of wheat. 'The improvement of this river fol' barge navigation in the dry season throughout itiJnavigable course, would cost one hundred and twenty·five tbong, and dollars. The re(luctiolJ of the rates of transl'Oltatioll five cellt" per bl1s~~el average on the wheat crop of thi~ year would leave to the producers of this valley in a single

-season a quarter of a million of dollars. If there are 'interests which ShOUld receive limited assistance from the State this is one of' tbe first so entitled.

In the establitihed policy of the Gelleral Uovernment it is the dllty of Congretls to improve rivers and harbors, as facilities t? general commerce. An energetic memorial to Congress from the Assembly might strengthen the hand" of oUl'Senators and Representative in their efforts in this behalf.

RAILROAD SUBSIDIES.

Oregon is the only State in the Union in which bonds of the State, of counties, and of cWes have not been issued as subsidies to railroadil, or in payment of stocks in railroad corporations. The State and its subdivisions are absolutely free f!'OIll debts of thisc]ass. It is my judgment that they should remain so. The experience of many of the other State~ in this particular has been disastrous alld deptessing to general prosperity. A system

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60 GOVER:<lOR'S MESSAGE.

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brought into being and slBtained oilly by stirrll1lants is never 11e<o1thy. The c0113tnwtion of om constitutional limi~ations upon this sul~ject, set forth in the Executive Me3sage c1ecliuing to approve the Portland Subsidy Bill, four years ago, will he steadi ly adhered to.

These remark,;; are limited to our interllal State poEcy. There are commal1(ling reason;; wby, in the development of the rai ll'oacl sy",tem of the UnitedSt(\tes; a connecti llg brallch of some road <should be extended to Oregon and tlJat such extemio!l shoull1 recei \-e tbe assitltance of tLe General f Gm-ermnel1t, ill orllel' that this State be placed

upon an equality with fbe other States which have 1'ecei,ecllike assistance. Uregon i::; the only State of the 8is

tel'llOod now i'lOlated from gellel'al railway communication, and our whole politiccd powel' and Influence dlOnld be exerted to SOCUl'e the just attention ()f Congress to the interest,; of the great llorthwe.~t.

NEW INDUSTIUES-BEET SUGAR, FLAX AND SUIP-BUILDING.

It may be of public interest to notice here the recent introduction into this State of a new and important indl1S

try-the manufacture or production of sllgar f!'Om beets. This industry has already been tully tested in 01-11' sister State, Califol'llia, and after tbe nsnnl drawbacks of new enterprises, has now, I am illformed, proved permanent and rem unel'ati ve to those interested.

The State of Oregon need certainly_ fear no comparison with any State in agricultural productions suited to bel' climrrte, and can enter Oll this industry if judiciocs~'y conducted, with every assurance of success. What success in tbis line means and of what importance it must be to the whole agricultlll'al interests of this State-enhancing

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the value' of farm Janel anel affOl'ding groatly incroaoed eiilpluymellt, may be bost iuferred fcom the following, fa~t::l :

The discovery that sugar could be produced from beets was first macfe in 1 H 7, and first applied on a lal'ge or practical scale in the early part of the present century_ Since then tho manufacture bas contiilued to increase, a:lc1 in 18G6, (ot which accurate returns have been made up) the production ill Europe of beet sugar al11c)uuted in ruund Humber" to over 600,000 tons, or in cash value over $150,000,000. At pre;;ent the cash yalne of the beet sugar cmp may be set down at over $200,000,000, a ye_Lrly i11CI'013e or acl(]itinn to the wealth of tho.'3e countries in which the manufacture is carried Oil, which otherwise,· (as now ill the case of Oregon) would lJave ~o

be expended ill procuring from abroad this necessary of life. By the usual pel' capita e.'3tirnate of consumption applied to Oregoll, near one million c1olhml' worth of sugar rna) be assumed to be used, which in lieu of being imp,)rted from abroad, might be raised here, assistillg greatly in our development.

The growth of flax for lint fOI' foreign export was undertaken last yeM, and during the present season bas made such progres~ and met with snch success that the future development and stability of this interest are assured, The remark of one of onl' Jeading agriculturists, that wltatever class of hU::lbandl'y is suited to the climate and soil of Oregon will develop the most perfect product in the worJa, I believe to be true.

Another important interest destined to reach great results, and now jll.'3t beginning to be developed, is shipbuilding. We have the be"t general supply of shipbuilding timber anywhere to be founel, except with our

62 G.oVERNOR'S MESSAGE.

neighbors of Washington Territory. The spar timber of Oregon and Washillgton is shipped to all quarters of the globe.

GENERAL PROGRESS.

The progress of the State, during the last four years, has been healthy and rapid. The incl'ease" of its rate of development, in material products, has been at least foUl"fold. The value of OUl' exports have reached a sum certainly exceeding ten millions of dollars.

I estirnate the export value of our wheat and flour at nearly foul' millions, gold; oats, other grains and fruits, one million; wool, hides, meats, cattle and horses, two it

millions; salmon, one million five hundred thousand; lum-ber alld coal, one million; gold, silver and iron, one mil-lion jive hundred thousand. This exhibit for a popula-tion of one hundred thousand people is almost without a parallel. \Ve lleed more population. Let us maintain a responsible, just and prudent State Government; let us lighten the public burdens, practice industry and econom,r; encourage education and maintain our present standarJs of morals and religion and all lands will send us in-crease.

L. F. GROVER. STATE OF OREGON, )

EXECUTIVE DEPARTMENT, >-~aJell1, ~eptember 16, 1874. J

ERRATA.-OI;} page 41 read" whole number of patients now in the HO"Pital" 193, instead of ' 113," and two private, instead of "four." Also read 140 instead of "119" malcls, and 55 females instead of "58."

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APPENDIX. , )

REPORT OF P AHDONS.

The following is the report of the pardons granted during the two years ending Sept.em bel' 14th, 1874, respectfully submitted for the information of the Legislat.ure :

1. CHARLES ,V. STARR. Douglas count.y. Assault

with a dangerous weapon. ' Sentenced May 14, 1870. Received at the prison May 18,1870. Term 'of sel'vice, three years in thePenit.entiary. Pardoned October 2, 1872, on petition of citizens and of the united delegations of Lane and Douglas count.ies, in the I,egislatuJ'e, recommended by t.he Judge of the Circuit Court before whom the trial was had, and by the Prosecuting Attorney who tried the caUtle. Heason: Good conduct while in prison and the time of sentence having nearly expired.

2. THOMAS A. WAlm, (colored). Multnomah county. JJfurder in the second degree. Sentenced July 14, 1871. Recei ved at the prison J nly 17, 1871. Term of service

. in the Penitentiary, life. Pardoned N ovem bel' 4, 1872, on petition of 56 niembers of the Legislature of Ol'egon, and a large number of citizens of Multnomah county. Reason: The crime for which Ward was convicted was

2 APPIHDIX.

C~Hnl1littcd on account (If the seduetiol1 of all adopted

d.Hlghter undel' promise of marriage, and under eircnmstances of great aggravatioll aJ](l while labol ing 1l1l(1er the

illfluence of uncontrollable passioll, gmwlllg out of the circumstances of the case.

3. ROBERT JE~KINS. Clackamas Com;ty. Sentenced

on his OWllCOllfes~ion of an assault with a dangerous weaprJn,

November tel'm, 1872. Pardoned Xoyembel· 9, ]872, before confinement in the Penitentiary, on petition of a lal·ge number of prominent citizens of Claekamas County, signed also by a majority of the grand jury who fC)ulld the

imlidment in the ColUse, by the prosecuting 'witness, office!'.:; aud attorneys of the court. Reasons: l'ri""nel' was of good moral character and the circumstance accidental.

4. MICHAEL MCCORMIOK. Clackamas Connty. Murder in the second degree. Sentenced to the Penitentiary for life, May 6, 1872~ Received May 6, 1872. .Pardoned Decem bel' 18, 1872. Reasons: He was convicted by the Oircuit Court of Clackamas County for an assault llPon an Indian, wbereof the Indian (lio(l six weeks after said « assanlt, but by evi(1ence not before the jnry at the time of said cOl1vidioll it appeared pl'Obable that the death of

said Indian was chiefly ('ausell by pre-existing disea!':e. Said McCormick has a wife who is a cripple, and seriously sufi'el'ing both in body and lnind, and since the imprison-ment of hel' husband has become a county charge in Marion County.

5. GEORGE W. SAXE. Linn county. Assault with a ~ dangerous weapon. / Sentenced Novemb81' 3, .1871, to the Penitentiary f0r the term of tWD year". Received at th e

prisJn November 4, 1871. Pardoned on IJetition of citi-zens of Linn county, Decem bel' 18,1872. Reasons: There

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APPENDIX. 3

were many palliating circumstances, the pardon having been recom:-:2ended by tbe ,Tudge, the officers of the court and the jury before whom said Saxe was triecl, and also by the prosecuting witness in the case and in consideration of good conc1uct c1urillg imprisonment.

6. MADISON BLEDSOE. Multnomah county. MunZer

in the second degree. Sentenced to the Penitentiary for life on the 2c1 of December, 1864. Received at the Penitentiary December 3, ]864. Pardoned December 25, 1872, 011 petition of influential citizens of Multnomah county, on unanimons request of the Legislati ve Assembly of 1872, of the J~1c1ges of the Supreme COl1l't and the officers of the conrt where conviction was had; also on petition of large number of the most distinguished citizens of the State. Reasol1s: In consideration of many palliating circumstances connected with Bledsoe's imprisonment, of good conduct, diligence and snccess in the labors of the prison, and his apparent reformation.

7. T. H. DELoss. Multnomah county. Forgery. Sentenced to the. Penitentiary J Llne 22, 1871, for the term of three years. Received at the Prison June 25,1871. Pardoned March 3, 1873, on petition of prominent citizens of Multnomah county. H,easons: It was his first offense. On trial said DeLoss proved a goqd moral character, and, since imprisonment, his conduct has been n~ost exemplary. His services to the State have been vall1able as a bookkeeper and an instructor of his fellow prisoners.

8. MAURICE GRAVES. Marion county. Forgery. Sentenced March 16, 1872. Tern1 of service two years. Received at the Penitentiary March 18, 1872. Pardoned March 10, 1873, on petition of citizens of Marion county. Reasons: He was a minor, and was convicted for forging an ord8r of only eight dollars for the purchase of a pair of

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APPENDIX.

boots. It was his fil'st offense and the sentence of the court seemed excessive. His conduct was exemplary during imprisonment.

9. FILLMORE FRAZIE~. Douglas county. Larceny of a horse. Sentenced October 18, 1864, to ten years in the Penitentiary. Recei veel at the prison October 20, 1864. Parcloned March 25, 1873, on petition. Reasons: There were no aggravating circumstances. 'I'he term of service severe-being for larceny of a cayuse horse of ordinary value. COllduct good.

10. J. D. MAY. Linn C0111ty. Perjury. Sentenceq for two years April 4, 1873. Received at the Penitentiary April 6, 1873. Pardoned May 23, 1873, on petition of large number of c1tizp.11s of said Linn county. Reasons: The offense for which he was convicted was committed while he was in the habit of drinking, and was found guilty on a charge of pel;jury concerning the selling of liqnor on Sunday. In other respects he was an upright citizen. He had a wife and seven Rmall children wholly destitute and dependent on his labor for their support and their daily bread.

11. PRESLEY HALL. Yamhill County. Manslaughter. Sentenced April 7, 1869, for ten years. Received at the Penitentiary Apri.l 19, 1869. I)arc1oned September 13, 1873, on large petition of citi.zens of said Yamhill County. Reasons: The circumstances of the commission of the offence of which Hall was convicted were peculiar, and facts which have come to ,light since the trial indicate that he would have been acquitted if shown to the jury. He has borne in other respects a uniform good character.

12. WM. McINTIRE. Wasco County. Murder in the second degree. Sentenced on the 10th day of October,

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APPENDIX. 5

1867, for life, to the State Penitentiary. Received at the Prison, October 17, 1867. Pardoned, October 17, 1873, on petition of many prominent citizens. Heason: Good conduct. There were circum~tances mitigating the case which, if established, would have secured all acquittal. The youth of the prisoner at the time of his committal to prison \vas taken into consideratio~

13. JULIUS WERNER. Jackson Oounty. Larceny. Sentenced DecemlJer 2, 187], for fcmr and one half years. Received at the Penitentiary Dec81TIber 7, 1871. Pardoned, October 27, 1873, on petition. Reasons: A statement was filed by Judge P. P. Prim, before whom said· Werner was tried, that before the commission of the offense 'V-eruel' had been well disposed, and that he was led into the commissiou! of the crime by association 'with bad companions, and if these facts had come to the notice of the Court upon the trial, the said Justice would have sentenced him to a shorter term of service in the Penitentiary.

14. INDIAN JIM KIF.K. J",inn Oounty. Manslaughtej·. Sentenced for ten years, November 3, 1871. Heceived at the Penitentiary November 4, 1871. Pardoned October 22, 1873: on petition. Reasons: Said Kirk previons to the killing for which he was imprisoned, had borlle a good character for peace and industry, and there being circum-3tancesnot presented before the Oourt on trial showing a case of self defense.

15. BARTON WHITE. Benton Oounty. Larceny. Sentenced July 10, 1873. Term of service in the Penitentiary, one year. Received at the Prison July 13, 1873. Pardoned October 28, 1873, on petiti.on of prominent citizens of Benton Oounty, includll1g eleven of the jurors and the clerk of the Oourt which tried the cause. Reasons:

6 APPENDIX.

,Vhite was a minor under 17 years of age. It was his first offense, and he was incarcerated a period of time before trial where he contracted a pulmonary disease, which, according to the certificate of the Prison Physician" would terminate in death unless relieved.

16. THOMAS BROWN. ,Jackson County. A1'son. Sentenced for the term ~ five years, N ovem bel' 26, 1870. Received at the Penitentiary December 2,1870. Pardoned Fe brnal'} 21, 1874, on petition of over 2,500 influential

.\ and responsible citizens of' Jackson and other counties, \ who, ulJon the statement of the facts by the Judge who \

I presided at the trial, anel by the Prosecuting Attorney i who conducted the cause on behalf of the State, give it

as their opinion that owing to the circumstantial character of the evidence and the f<wts in the case, they believe the said Brown should be released from prison by Executjve pardon, three-fourths of his sentence having aLeady expired.

17. DANIEL OONWAY. Yamhill County. Assault with intent to kill. Sentenced December 2, 1872. Term of service in the Penitentiary, three years. Received at tbe Prison, Decem bel' 23, 1872. Pardoned April 6, ] 874, on petition of influential citizens of Yamhill and Marion Oounties; also l?igned by seven of the jurors who tried the cause. A statement was filed by the Prosecuting Attorney who represented tbe State, recommending Executive clemency and showing that there was no deliberation or premeditation on the part of Conway at the time of committing the assault. The statement of the J uc1geshowed COllway not to be a bad man at heart, and that the ends of justice in this case had been sl1bstnntially subserved by the punishment already inriicted.

18. S. '1'. GOSA. Oolumbia county. Adultery. Sell-

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APPENDIX. 7

tenced to the Penitentiary April 16, 1874, for the term of one year. Received at the Penitentiary April 18, 1874. Pardoned May 8, 1874, on petition of many prominent and influer~tial citizens of said Colum bia county. Reasons: There was grave doubt in the minds of the cit:,zens of said county as to his guilt. Ten of the jurors in the case and the attorney who prosecntec1 the same joined in the petition for executive clemency. For twenty-two years Gosa had borne a good cbaracter in Oolumbia county, where he had resided for that period. He was fifty-nine years of age, and the charge against him was that of adultery unsupported by evidence, except by the single WiJlleSS affected by the charge.

19. EZRA SCOVILLE. Polk county. Assault with a dangeroys weapon. Sentenced December 4, 1873. Term of service six months. Received Decembetl 8, 1873, at the Penitentiary. Pardoned May 9, 1874, on petition of influential citizens of Polk county. Reasons: Said convictiOl} was had on account of an assault, and the assaulted party has filed his written statement assenting to l1;xecl1tive clemency, which is concurred in by the judge who presided at the trirtl. The circumstances of the case indicate sufficient pu nishment for t~le offense, and said Scoville had a suit in the Circuit Oourt or" Polk county, involving all of his property, needing his immedia~e attention. He is an old man and past labor.

20. lv1.ARK HOFFMAN. Washingtol1 county. Embezzlement of school money. Sentenced to the Penitentiary for one year, June 2, 1874. Received at the priRol1 June 9, 1874. Pardoned July 29, 1874, on petition of citizens of Washington county. Reasons: He was convicted for the embezzlement of school moneys of School District No.2, Washington county, and the petition for clemency was

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8 APPEi\DIX.

signed by an of the grand ancl petit jnrors connected with the trial, and sets forth" that the district loses nothing on

account ot his conduct, and that we believe his delinquencies occurred more from negligence alld carelessness than from wiIlfulintent to defraud."

REPORT 0]1-' REMISbIONS.

The following is the report of remissions gral1~ed during the two years ending Septemb81' 14, 1874, respectfully submitted for the information of the Legislature:

1. ISAAC BUTAN. Polk county. Maliciously killing a hog, the property of another. Fined fifty dollars and costs, at the N o,;em bel' term, 1872, oJ the Circuit Court

for Polk county. Fine and forfeiture remitteel December 14, 1872, o~ petition of prominent citizens of said Polk county, representing Butan to be an aged man, infirm, a Frenchman by birth, unable to speak our language, and not acquainted with our laws at the time the offense was committed .. He was very poor, and tbe fathel' of twelve living ehildren who were depending upon him for support.

2. O. H. SMITH. Marion COUlJty. Selting liquor to a minor. Sentenced to pay a fine of $100. Fine remitted

September 4, 1873" on petition o~ citizens of said Marion cOllnty. Reasons: Mr. OsborlJ, the minor to whom the

liquor was sold, was working on his own responsibility in a printing office in Salem, and his appearance would indicate his age to be more than eighteeu years.

3. J. C. ADKINS. Marion county. Selling liquor to a minor. Sentenced to pay a fine of $100. Fine remitted

September 4; 1873, on petition of citizens of said Marion county. Reasons: Mr. Wm. Osborn, the minor to whom thl;) liquor was sold, was worklllg in a printing office

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APPENDIX. 9

in Salem, on his own responsibility, and his appear~nce would indicate his age to be more than eighteen years.

4. JAMES SQUIRES. Tillamook County. Assault with a deadly weapon. Sentenced to pay a fine of $100 or be confined in prison fo\' the period of' fifty clays. Said Squires was imprisoned for non-payment of fine and costs.

He having served out the term which cancelled Ius fine, was released from imprisonment on account of costs, because the Supreme Court had decic1~c1 that legally· the

costs were no part of the penalty and constituted 110 grounds for further imprisonment. Released September

30, 1873.

5. WM. MARSHALL. Marion County. Larceny. C011-vlcted in Recorder's Oourt in Salehl, 'August 25, 1873, and sentenced to three months' imprisonment in the County Jail. Released from jail and fine remitted October 23, 1873, on recommendation of the Recorder that the sentence was too severe and that the said Marehall had served out a sufficient portion of his time to atone for the crime. The County Judge also concnrred in the statement of the Recorder.

6. WARREN GIBSON. Marion County. An assault. Sentenced at the March term of the Circuit Court for Marion County to pay a fine of fifty dollars and costs. Fine only remitted March 12, '1874, on recommenc1ation of all the jurors who tried the cause, of the Prosecuting Attorney who tried the case, and of the Juc1ge who presic1ec1 at the trial. These recommendations tenc1ed to

show that, while the law had been violated, there had been such extreme circnmstances of provocation as to call for Executi ve clemency ill the case.

7. JOHN JONES. Douglas County. Obstruct{ng a h~CJhway. Sentencec1 to pay a fiue of $250 and costs. Fine

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10 APPENDIX.

only remitted July 3, 1874, on statement of County Judge of said Douglas County, that the controversy had been satisfactorily settled with the county; that the proceedings were conclucted by saicl Jones for the purpose of establishing \vhat he thought his rights, and that' substantial justice would be done by remission of the penalty.

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