Newspaper Page Text
f loTf;mor O. M llolnrtii o llm Klglitceiitk
Lrglnlulnrn of Tcxnn,
KXKCUTIVK OlM'ICB, AVHT1W, Tk.vah,
January 10, 1882.
To Hie HonornliktBcnntci fun! limine of Hen-
rcntiitlvi'K In llioLcKlMnluro Aiwjinlilcil;
You. us llio representatives of llm
nconle of ToxaH. have conic to the cap
Itiil to ciinct laws for lliulr (fovcriitiient
at a most important period ol tlio ins
1nrv nf tliu Kin In.
your mlt'ow citizens fuel assured.lhtit
they, through your agency, ftimpo
tlio government to their own liking,
.according to tho will of tlio majority,
.under tlio pwcrs, limitations mid ro
ntrlctioiiHof tlio constitution.
Tlio blessings of good government
liavo been scoured by their previous
effort, uiid In ita enjoyment they
aro now a satisfied people. An ex
ubertant prosperity fills the country to
nvcrllowlngut the present time. The
glowing prospeols for Its future ad
vancement in tlio elements of great
ness, Ih equally encouraging, ItH
jprogress during tlio last ten
years ban been unprecedented
in tho nnnultf of stales, on
thlfl continent. It Iiiih, in that time,
emerged from comparative, obscurity
to a favorable appreciation throughout
our sister stales, and throughout tlio
jintiotiHof Kuropc. Tho foundations
for juttcli of that progress were hiid be
fore I jviiH elected and became gov
ernor of tho stale, four yearn ago. Dur
ing my two administrations the policy
pursued to plainly marked out. It
was tlio priietlcal reformation of all of
tlio govormoittal eponitlous in exist
ence, with Hiieli additions only, an
were in accord with tho spirit of the
age, and us were prompted by tho ex
isting condition of tlio country, and,
ItH pressing wants.
J n the pursuit of that policy, there
Juts been In tho main a harmonioiiH
oo-opoiatlon by the legislature and
the executive ollleors, sanctioned ly
thogi'iieral approbation or tho people.
ItH reatlHHlu bo short a Itiuu have been
Tho advalorem taxes have been 10
duced from llfty to thirty eonts on tho
ono huuilrod dollurri worth or prop,
erly, and tho occupation taxes nearly
In tlio Hiimo proportion. An overllow
ing treasury now gives promise or an
ablllly for a furllter reduction. A
signal Improvement In tho collection
of taxes iia.s been accomplished.
Tho debt of the stale has been ro
'dtii'cd, approximately In round num
bers, from $ri,'IU0,0(K), on tho first of
January. 187U, to 1 1.000,000. on the
Jlrsl of January, IBS.'!, it dlUbronco of
tl,'100,000. Tho Interest thereof bus
been reduced proportionately greater,
by calling in tlio 10 per cent, bonds,
and leanlugo per cent, bonds In place
of them, in which there was an annual
diminution of over fon.OOO Interest.
Tho Interest jn the public debt was
unuually ftllRMWO, on the llrst of Jan
uary. lB7l.uuii on the first or January.
188ti, $11:27,001), making a dlllorpnco of
auoubiio.oini in inc iiueresi.
Of tho $1,000,000 of bonded debt less
than $1,500,000 of it Is owned by indi
viduals, and over ?2,riK),(H)0 of It is in
tho statu treasury, owned by tlio
special school funds, tliu university
and other funds, the Interest on which
amount is annually paid to these
funds for our own bonelK.
Our publlu credit has boon so eu
Jianced that It has been dllUeult to
buy our six per cent, bonds at a pre
mium oi rorty dollars 10 uiu ono Hun
Tho taxable properly lias increased
from S'JWO.OOO.OOO III 1877 to? 110,01)0,000,
as estimated In 18312.
. Tim permanent fund of the publlu
free schools ban Increased by tho sale
of its hinds from Sl.lWU.OOO to SCWII.-
000, on January 1st, 18SiI, with a prole
niiio increase Hiioruy oi over a million
of dollars moro by tlio sales of tho re
Tlioeoninion freo schools liavo been
Improved, tho length of their terms
liavo Increased every year, ami the
amounts annually appropriated to
tliom have been greater, being this
Bcholastic year over one million of dol
lars, and the scholastic population him
Increased over ten per cent, upon tho
number of oaoh proceeding year, mid
now numbers over i2iK,(H)0.
Two normal schools have been es
tablished, one for while and the other
for colored pupils, whoso expenses at
tho schools arc homo by tho state, In
which there are now about two hun
dred piiftlls, who are being taught and
trained to become teachers in our pub
lic freu schools,
Bummer normal Intitules have been
established (luring tho last two years,
which bavo been nuuiorouslynttonded
by tho teachers of tho state.
rt is proper here to nolo our obliga
tions for tho liberal contributions of
tho l'enbody fund to our white normal
school, to tho summer normal Instl.
tutos.ahd to other ftou schools In cities
and towutsjn, Texas,
Tho agricultural college, formerly a
literary' hfgh wheel in elteet, bus been
irausroHiied into an agricultural and
mechanical college In fact, and lis
rooms arc all-full of students.
Tho University of Texas, Its main
branch, Its nmdloal branch, and branch
for colored youths, have been located
by tv vote of tho people. One million
or acres of land have been added to its
fund, the building for the main uni
versity, at Austin, Is now belngcreetod
and It, with its branches, now awaits
tho intelligent recognition of (ho legis
lature, in such liberal action as will
meet tho public demand for Its "ade
quate endowment and speedy organ
iftttlon. Tlio rrontlcrmnan no longer fears the
tomahawk of the savage Indian, and
tho expenses of tho police and frontier
forces have been reduced to f 00,000 for
- tho tlse.d year, and their existence at
nil in a few years will bo a thing of the
past, Tho two penitentiaries have
beon brought to a completion, approxi
mately, and a new leaso of them- has
been made, looking to an Immediate
nmj gradual Increase ofootivlcts within
their walls, until tho room for thorn U
full, With ii provision that leaves tho
htatu at liberty to creel another one,
and have it tilled with convicts. The
administration of tho laws in the
courLs lias been expedited, and their
cveeutloii improved generally.
Tliu quarantine tKr:itl6iis liavo
Jieen fivstcmatUed and irrcatlv lm.
jiroved.foi'tho protection of life against
tmyollow fever, and, at I ho' same
tunc, amnio preparations are being
mado io iitcilltntp commercial inler-
uoiuo wuu uiu tropical regions.
A splendid capitol for tho State has
hern contracted for. and Is It
- . A . . M A t . '
i tho pro-i
rem of construction, to bo paid for by
lluvo millions of acres of land, already-
I . I..-
u....7':7 " ;" .'! "'" i
VJALl-'1"" H,m "-'"' im;'lc '0" t pur-
Tltruo hundred leagues of laud, liavo
en iH)lw!tMl,uiit'viti'iii i. i ..t .........
41.. .1. .... ----- --j ., ...... r,v ,111,111
, V. """IWiwi counties.
t:1lJ,M)nii;y.-ltti,l,l,,,uw ' ore
OTfc "w "wtr for tho publlo
i??l i"l?.,A?,l,i il?)Hl have, ttowwl
,Z.i i'V,'" boyoiul any,prh
i2r?i,i!?il?,i .'nir&e, InauVtuS
ltallroads liuvb been pushed Into tho
heretofore unsettled territory of tlio
white, until wo liavo now almost no
frontier, as It was formerly known.
' Two branches of a I'aelllo rallrond
have been completed, and now pass
through the state, ono through the
northern and tho other hrmigh the
southern part of Texas, and n third ono
(the International,! will soon have Its
connections, by other roods, through
M..vlm fn the 1'nclflC OCCail.
Manufactories arc starting up over
the state, and commerce ih enlarging
Its proportions to keep imco with the
enlarged and varied InutiMtrles of the
Other things have been done, which
might be enumerated, that have con
tributed to swell tho tide o,f our rapid
This result Is duo to tho action of the
legislature, tho executive, and Judicial
ofllccrs, and employes of the govern
ment generally, to moral Influences
exerted, to tho Intelligence and energy
of our citizens, to the excellent quali
ties of Texas, and its fertile soils, its
cllmato, its vast extent, and Its local
ity, and not a little to tlio fact that
other states, north and east of us. hav
ing been settled and developed, the
tlmo had arrived when Texas did, In
her turn, become tho Inviting field for
enterprise. It isasufllclent source of
pride, and honor that each ono of us,
as a Texan, l tho full measure of his
spheroof action, whether high or low,
has been an actor hi this grand drama
of events, and condition of things,
through which Texas lias been made
to leap Into conspicuous career of solid
progress, uucqualed In any former
period of her eventful history.
Tho operations of the government
have grown to Immense proportions,
as exhibited by tlio numerous reports,
and other documents that will be sub
mitted to you, as follows:
Heportof the comptroller,
Report of the. treasurer.
Report of the attorney general.
Report of the commissioner of gen
eral land ofllco,
Report of the secretary of state.
Report of the adjutant general,
Report of I'm coiiiiiiIhsIoi of insr
rance, statistics and history.
Report of tho llsh comnilsstonor.
Report of the board of education, In
cluding report of the Kstm Houston
Report of the penitentiary board.
Report of the capitol board on the
Report of the capilol commissioners,
Including acts of capitol board.
Repoit of the printing board.
Report of tho board for sale of Judg
ments, explained In attorney-general's
Report of the bomd for .slate sower.
R"port of tho board of managers ami
trupmlutendeut of lunatic asylum.
Report of tho trustees and stipcrlu-
icuuciiioi mo Diitui asyium,
Report orthe trustees uud supeiln
londcntof tho dear and dumb asylum.
Report on quarantine, by slate
health ollleer, Dr. Hwearengen.
Report or president and board of re
gents or tho university.
Report or the president of the A. and
Report of the principal or the nor
Dial school at Prairie view.
Report of tho board for tho selection
of 1100 leagues of laud for unorganized
Message accounting for tho expendi
ture of money.
Bpeclal message upon the claim of
Texas to tircer county.
History and status of Mercer colony
nun, uy mo auorueys, iMessrs. rcelor
iwomoriai oi !;. T. Moore, concern-
ingsiilts for the state, and in escheats.
referred to ulo In repoit of attorney-
These reports, and othor documents,
will present for your consideration a
mass of governmental operations
which, In magnitude and variety, has
never been before presented to anv
legislature of this state, or probably or
i my tmiri M.ue.
f respect fully refer you to the facts
inn lecommendatloiiH contained in
mem. I can call attention now to
only a few of the subjects therein con
In tlio report which will be made
anil submitted to you at the close of
my term or olllce, accounting for the
tho money appropriated for rewards,
attorneys' feus, and expends of mills
In which tho state Is a party, yi.u will
find a considerable amount o'f it con
tracted and paid as attorneys' roes and
expenses, tho largest rces liavo been
paid for the defense in what is known
Tin: Mi:nci:u roi.o.vv sriT,
to which Mr. A, J. Peeler of the ilnn
of Peeler v Maxoy Is now giving his
attention In the supremo court of the
rnltcil Slutis at Washington City.
This is a Milt brought against
tho commissioner of the "" gen
eral land olllce, in his
Olllellli (jm!Mtllv mill nfl'.i.il II,..
interest ol citizens in a very largo pio-
mm i,i uiu iiurtiierii pari oi texa.
Tho exhaustive exposition of the mat
ters pertaining to this suit, prepared
by Messrs. Peeler & Maxey, having
been printed, will bo submit ted to vou.
llllS Is. SUhMalltiallV. ll milt, mrnlnet
tho state, and baying been decided
Cigaliist tlio Hon. ( Walsh, ho had
to give a bond, In order to have it car
ried to the supremo court. Should It
not bo brought to a termination before
the close ot this session of the legisla
ture, It may bo proper to make some
provision for thai, ami lor what else
may be found necessary in tho defense
of this suit,
HnTACUlNSl' niH'An.Tt.MITAX ooi.
l.KcroilH, AM) IN CASUS OP US
In tlm memorial of Mr. K. T. Moore,
county attorney of Travis county, and
In the report of tho nttornoy.geueral
you will lind both of these subjects ex
plained, showing an urgent necessity
lor legislation, to eu-o tho defects
which have been found to exitt in the
laws relating to them.
Hy the laws of this state, tho gov
emor is placed at the head or tho state
quarantine, which Is designed to bo es
tablished on the gulf, and on the other
borders of the state, when necessary,
In order to keep the yellow fever ami
other Infectious diseases out of the
state. His duties on this subject, for '
about six mouths during each vear,
Si,(, lL " KT . '"," i
lllltlik I.,l.vt . ..... ... . .
us ii mi- nm..i in !,. ,..i::r....
.,,.,...,.., ,,. ,,,,, a it iiin u in ii.
Mint n i: .,::'"': '
tho i.mi l to, , :' i Jr. "? !
ft -.-. -1" -r ' V4 It I L 11111.1 lllill
1 "I . k " " " - - ""'
ft a. . . . .. -..-.-
I'liey evidently have not a
jMuiiiT i-outtsieiH connection
out, sous to prevent obscurity, and
uncertainty m many respects.
Such a construction, however, bus
been placed upon them, taken all
(lyolher, as hai enabled a system of
operations to bo built up In their exe
cution, which might bemuch improved
by u thorough revision or llm Jaw in
ono complete and consistent enact
inept, Them lias been n constant
strugglo between trade In tho o)ra
UoiiHofoommojc and the proservu-.
tlbn, oftlm Jlvw or thu people, hi all
questions or doubt hi this struggle, I
have acted In f.ivnr nf tin, lniti... !..
had been nrovi.uislv immiwI t tutKr',.n:ir',l'r""it"" lemporary contract will
Texas occupies a position to hare a
largo participation In the valuable
trade with tho tropical isirls. Jl Is a
great loss to have to close our ports
against II far flto or six months in the
year, impressed wnn uio tmpurnmi;u
or this, cllorts have been mado by me
persistently for tho last three years, to
liavo disinfecting bouses established,
as limy have In Saw York and Lou
isiana, to facilitate this trade so far as
It can thereby be done , conslsteuly
with the proper protection of life.
Something lias been done on tills sub
ject, which, together with tho opera
tions of tlio last year, will bp fully ex
plained by tho report of I)r. Ji. M.
Swearlngen, state health physician,
which was made at my request.
To Ills intelligence, firmness
and influence exerted in that ca
pacity, in aiding mo In the dis
charge of duties, I am much Indebted.
His report will also exhibit our obliga
tions to the I'littod Btutcs for the very
material aid giVeu us, as controlled
and directed by Surgeon Murray, in
harmony with tho state authorities,
In the great work performed In confin
ing llio yellow fever at Rrownsville.
I tako pleasure, also, In acknowledg
ing my obligations to the National
Hoard of Health during each year of
my administration, and especially to
i)r. liecmis oi mat noaro, aij-xew Or
leans, for valuable information and
OlTlCi: 01' f!OMMIHSIONi:il OK IMSU-
ItANCI) HTATIHTICH A?CI JII8TOUY.
The present incumbent, in addition
to other duties, has prepared a book
containing a description or Texas,
with a great deal or care ami muor,
that Is now ready Tor circulation.
Copies of it will be submitted for your
inspection. Us circulation, as pre
viously provided for by law, will, it Is
believed, give tho most acurato and
extensive Information of all parts of
Texas, that has ever been embodied
and furnished to the nubile.
Ho, having been placed In charge of
tho public property of tlio two houses
of tho legislature, has undertaken to
liavo it placed in the two halls pre
pared tor the legislature In tho tempor
ary capitol, and to have supplied what
ever additions are necessary for tho
legislature to commence its session.
Tliero had been no appropriation
made at tlio last t-cshlou to defray the
expenses of this preparation for the
two houses in advance of their meet
ing. All previous expel leuco shows
tliutsuch an appropriation should be
made ul or before tlieadjourniimnt of
each session of tho legislature, and,
further, that 11 should be made the
special duty of some particular ollleer
to have It done.
He lias also given his attention, in
aid of tho governor to tho subject of
WIMOlITH AND MUAKUItl-S.
Such as wero needed for standards,
were applied for and obtained from
tho United Stales, by which numerous
counties have been supplied upon ap
plication, as required by law on that
subject. His report will exhibit what
has boon done.
Tin; iTiAtsi (:' tijxas ao.unst tiii:
iwrrnit ktatch vou ijxi'iinhix or
lOfforts wero mado during both (r
my terms of olllce to have this claim
adjusted and recognized. During the
Inst session or congress a bill was
patted prescribing tlio manner In
which the various items of the claim
should be prepared hi order to be sub
mitted to an auditing board at. Wash
ington City, whoso report thereon,
when made, Is to bo bubinllted to con
gress for Its action.
In tlio report of tho adjutant-gen
eral will bo round an explanation of
wain preparation nas iioen made and
the reasons why irothlng more has
been done. I refer you particularly
to the letter of the state comptroller,
contained In thntreportorthoadjutaut
general, which exhibits fully tho
great dililcultles, and the necessary
amount of labor ot exports, and at
tendant expense, In properly prepar
ing that claim for auditing, according
to the law of congress. Vrom this it
will be seen that tho appropriation of
live hundred dollars, made heretofoio
to employ some one to prepare said
claim Hir auditing, was not sulllelent
to justify tho entering upon a work of
such magnitude and or such pecuniary
imparlance to Texas.
You ore respectfully referred to (he
report of tho capitol board upon the
which will show the dfllculties that
have been encountered in carrvlng out
tho law of the special session "of ISS'J,
appropriating llfty thousand dollars
and tho material upon the old capitol
grounds, and placing them under tho
direction of said board to lease, pur
chase or erect suitable public buildings
for tlm executive otllcers, tho higher
courts, and for the legislature.
The board having finally decided to
build a hmixo, made a contract with
Mr. James It. Smith Af Austin w
shown in the report. Just as the stone
work of the building had been com
work of the building had been
pleted ami uio root had been placed
upon It, ready lor the tin covering (all
ol which had been done rapldlv, in a
very short time, to get the house reiUv
for tho meeting of the present leglsla-
storm caused 'the northwest comer and
uiroi, a very severe wind and rain
parts or tho north shloaud west end of
I uie ouuuiiig to tall.
1 Tim portion of the fractured walls
tkat stood exhibited what was u
; carded as defective work, In not bond,
, Ingthum siftllcletitly, and caused an
j apprchentlon f ue safety of the
I building. If tho walls wero 'rebuilt as
! they had been.
) Theio had been paid on tlm huild
jlng to tlm contractor S27.70;), and a
considerable portion of the mUerlals
! on the capitol grounds hud been us.nl.
caving to complete tho building (ho
balance of said material.-, and . 7,:loi.
which would not have been sulllelent
to repair the -damage and complete the
building, a It has been done, upon a
contract with another person. Tlm
board was. therefom. litivfiuw in i,....
! lilm continue the work hi such a man
ner as would give to the members of
tliok'gltiatuiv, and to others havhm
business within It, full as-surance of
llmsalotyot the building for tho pur
poses intended. They made lilm a
imposition lor mat object, without
having any additional means to
pay him for the additional
work, thus ni'ido ncejssarv by the
filling of the mmIIs, to which he
"T1 n!""---? ".' the supplemental
." . . ' 1
L'uninu'L. rpuwriwi r., in i... ........... i
i... "...:. ;".;:."'"". " "wu.iiw
'.' ."" "" w. " ?? wo .
. T" "V... "l ? " ' w " .:bui-
11.11 llinillll'I I 11-1111 lull
- - - "'"in.ll (V MtUIJ' I lit
-.... .... , , lliilt,ll w UilLII
on emg supiKirts to the walls of Ufa
hulls in the west end have been con
struote.l, and tho home has hern
thereby, as It Is bolieved. rendered
perfectly wim for use. This work, in
tuldUlnn to tlm rebuilding of tho walls,
bar eulailetl upon tho contractor a
largo ox pelje, over and ubovo what
with comnpiatod in tu0 original eon
met. ti? but Just to st.de, that In
this and other chaiige.,. and addition
round necessary H, tho work pro
grossed, tho oantractftr 1ms. exhibited a
i oerui spirit or .solf-sacrhlco to have '
(lie house nroncrlv i'iirniii..1 i..
jvadins fjrtlm niectlngor UmlcgU.
Ititlim tit lr j m,L ntt t
,tw, fii 11101:111 euvitilU
FORT WOUTH, TEXAS, THUKSPAY. JANTJAhY 11.
tunc of the fall of tho wall, which
would liavo not occured but for tho
storm, it would have becli Impractla
ble to have had the liouso completed
for use now, If it could liavo been re
built at all, without a very consider
able additional expense, and the
great expense of renting houses and
rooms would have been continued,
While tho board could not, and did
not, give him any promise of addi
tional comooiisalion for all of tho addi
tional work, necessary to give full assu
rance or the surety ol" the building, It
Is equitable ami right that lie should
have it, on the same principle that, at
every scssiu hertofore hold, lately at
least, persons' who liavo volunteered
to make necessity provision in advance
ror tlio holding of sessions of tho lcgis
latue have been compensated for the
There Is other work ncsestary to be
done to and about this house, for Its
preservation and utility, which the
hoard did not have tho means to have
done, and which could not have been
done before the present time, such as
drainage fr tliofou.idation. sowerago.
supply of water In case of lire, pave
ments, enclosing too 101 west oi me
building, and the planting or trees In
it, so as to protect its rear or western
side from tlio view or the Governor's
Mansion. The necessary work IS fully
set out In a letter of the superintendent
in said report.
In this connection if may bo proper
to state that the mansion should have
the addition of a good ornamental roof
that would turn the water tluit falls
on it on tlm outside of the walls, and
tho walls, especially on tlm north side
of it, should bo heavily painted, so as
lo prevent the water from penetrating
them; which necessary Improvement!
could not bo made to It with the ap
propriatioiH heretofore made for Its
The report of the
(JAl'ITOI. CO.M 51 IrfSrONIIKK,
detailing Its action, with that of the
capitol board, in regard lo all that has
been done about tho permanent state
capitol, renders it iinueccstary to do
more than refer your honorable bodies
to it. It will exhibit a full account or
the expeudlturesmude for it, including
twenty thousand dollars placed under
the control or the governor at the ses
sion or 1681.
Jf the contract, for tho construction
of the building is faithfully carried
out, of which the character and capac
ity of the contractor and of his sureties
glvojunplou'surance, Texas will have
a inagnlticeiit capitol, which will be
tho pride of all of its people.
Tlm law providing for tho construc
tion of a stale sewer is found only in
the act of appropriation of tlio special
session of 18S12, in the following words
and figures, to-wit:
'To provide elllcicnt sewerage for
the lunatic asylum, .Mate university,
state capitol, and institute for the
blind, forty-five thousand dollar,
t? 15,000. i"
No board having been otherwise ex
pressly created for the ordering of this
work, and for the disposition of (Ids
fund, tho comptroller was consulted as
to what authority would be recognized
as tho proper ono for those objects,
when it was determined that the heads
of the boards having control of these
institutions, would be so recognized.
Therefore, in view' of its pressing
necessity, Tor tho lunatic asylum par
ticularly, at present tho president or
the board or managers or the lunatic
asylum, tho president of llio board or
regents of thoiiuivorsity, the governor,
as president of tlm capitol board, and
tlio president of the board or trustees
of the institute for tho blind, have
aefi'd as state silver board. This
board has appointed an engineer, had
routes selected from the institutions
named to a Joint main, and thence to
the Colorado River, had a piollle made
or it, obtained tho right-of-way from
owners of property, where necessary
In the route, and have let out the con
tract for its construction ; all or which
is fully explained in the repoit of (ho
state sewer board, lo which you aro
respectfully referred. It Is obvloiwly
an omisdon in not having expressly
named tho members or a board to
carry tlio law Into etlect, which this
legislature can readily supply, and in
sure the speely complot'on of this
important work for the state.
A IIOAltn I'OU Hl'l'lM.YINa WATIIH TO
Till! l'Ulll.Kl nuil.l)tX(I.S AND
Tho great necessity of supplying
water and proper sewerage to the
hinatio asylum caused tlio board of
managers to submit tlm subject to the
special session of tho legislature In
io3j, rnoy had previously
hud in contemplation tlio pro
curement or the water mr that
and other public bnildlnw from the
V-UHU.UIU ii ivor, opposite Mount Rur
uer, near Aiouni itonnell. Tlw.i- h,i
a survey and prolllo or tht route made
V"- estimates thereon. At tlm same
time two other plans of supply were
presented, one lo get water from Har
ton si)riiii:s. bv tint linr.Oinv.., ...i
ofthe watcr-nowerot that stream. ..!
the other by what is known as tlio
Tlie water works iMiimpiifb, I. nf h.i
city haying contracted with parties to
have this Holly uyutom Introduced
into tho city of Austin, that plan of
supply oi uio publlo buildings and
grounds w.is adopted by an act or the
legla i ature, and ait apliroprlatlon of
,00 per annum wa made, and a
board was created to carry it into ef
fect. This board is composed or the gov
ernor, prc-idont or the asylum boards,
the oipitol commissioners, and presl
dent ofthe board of regents ofthe uni
versity, Tlm work of tho company is
progressing, but it lias not yet been
put in operation, and therefore the
ho.mt uuumvor been called together
for action under tlm law. I dlil no"
approve the law, for the reason that I-
uiu not Dciiovothat tho State of-Texas
nughttobodopendonmfion a private
luonnipon a private
pply water to its pub -
uiiii.tiiuii lw imjimy
nu uuiiuiiigs an
""I"1"-' mi- immediate expense or pro
curing laciiiued lor (t might seem to
.might seem to
"7, or oe promised to be. the cheaper.
be the cheaper.
i, in dercrenee to
g a water sup-
other. .No eo n-
the necessity or getting
T,l, 1,1 ........ i ........ .u !.i
iv owuiw (, ui inner, ao eon
tntci naviiiir been mmin wnii )..,
coiepauy, hv lesislaturo may ur
um law, or
m . mortify it
nfi-rif.t ti.lll ..,
i.i. .i ,i. .:..' ':'. vv " "u
mm me state longer tiinn a more ap
proprlato mode or sunplv in.iv lie
Tho ix'iiort of tlio bivinl fur K1II....V...
THUKV JU'NimiH) I.KAOt'IK Ot LAND
VOH TUnUNOUQANlZUll COUNT! IS
will exhibit tlio proceedings necessary
!l?i.i n ttcwnlIUUment of that object,
with Urn amount expended in this
luislimsj, hi connection with it, will
bo round an Interesting reporl of Mr.
John llcnrv Jirowu, Vim was ap
iwlnted and acted on behalf of tho
m, iii mu Esviut'diin oi mo lands,
" -, w
giiiccr, who shall have tho right and
power to compel all railroads
that connect with each other
in this state to make their con
nections regular and proper, so as to
accommodate the traveling public on
said roads, and tlm right and power to
compel said companies to draw the
passengers and freightof each other on
their respective roads and cart; and
upon a refusal to comply with these
requirements, such person shall take
charge of the road and rolling stock
mid rpiinrf. It to tlio L'OVcrnor. The
said road shall then bo run for the ben
efit of the stale until satisfactory ar
rangements are made for a compliance
with the governor. Itovlsed Statutes,
page (III, Article 42.55.
Although the attention of thclegis-"
Iaturo has been previously called to
this law, no appropriation lias over
been mado to pay llm engineer, nor to
defray the necessary expense) of tak
ing chnrgo or and o(" running a rail
road. Any attempt to have enforced it
would have been futile. Numerous
cases may have happened that should
liavo been remedied, but the means of
obtaining authentic Information or
them, even, wero not at my command.
Indeed tlm great defect of our railroad
laws generally, lias been tho want of
adequate and practicable remedies to
enforce what is legally required of
Combinations and pooling may be
made, the road-beds may ho out of
order, tlio rolling stock may be defec
tive or lnsulllcciit, preferences may bo
given to particular places and persons,
and numerous other injuries may be
done to individuals, and to the public,
without there being any appropriate
reined jr. Suits for forfeiture, and for
damages, and statutory threats to take
possession of the roads, aro cither too
remote, trlval, or impracticable to cor
reel wrongs done by great moneyed
corporations, in a way to prevent their
continual recurrence. It will never
be otherwise until the state undertakes
the correction, by remedies acting
directly on those who manage and
control the roads and the business
transacted on tlmin.
INI)i;i!Ti;NKSS OK CmiTAIN HAIMtOAD
coMi'ANns to Tin; I'CiHiic mm;
There has been a controversy about
the payment of the interest on this
debt, which lias been of long standing.
I called the attention of tho last legis
lature to it in a special message, in
which the whole subject was fully ex
plained, with an opinion thereto an
nexed by the attorney general, Hon.
The immediate causo of this matter
being then called to the attention of
legislature, was, that tho company now
owning that part of the branch of the
Houston and Texas Central Railway
lcadim; to Austin, known formerly as
tlm Washington County Railroad,
had failed to pay tlio interest upon tho
debt of said road, (lion due according
to tho construction placed upon the
laws relating (o that debt by the
comptroller during Governor JJavia'
administration, which had been subse
quently acquiesced In bv that depart
ment, or which default I had been
notified by tlm comptroller.
In that message, 1 said that "I have
deemed it proper to bring plainly and
fu'ly to the vlowof the legislature all
orthe facts, records and laws pirtain
ing to this contioversy, so far as I have
been enabled to ascertain them ; lirst,
to show wliy I did not believe it for
tlm interest of the state for mo to un
dertake an advertisement and sale of
tho road; and secondly, for such legis
lative aetlop as may be deemed proper
to bring this long continued disagree
ment to a satisfactory conclusion, if
An act for that object was intro
duced, which railed to be passed.
There was no appropriation made to
carry tho law into etlect, if the remedy
provided by law had been attempted,
cor the advertisement and sale of the
road would liavo resulted simply in its
being bouglit in by the state, as no ono
would have paid any reasonable
prico Tor a piece or road under tlm con
trol of a powerful company. And for
ho same reason the state could not
have sold the road, without a sacrifice
ol its interests, as claimed by its olll
cora. The attempt to take possession
of the road, and uso it for (lie benefit of
the state, without ample means being
provided in advance, would have been
worse than useless.
This question of dispute is not con-
iiiicd to this little piece of raihoad, but
relates to a number of railroads, and
nvolves a large interest, which should
be settled in regard to all of them, by
sucH logMatlou as would properly pro
tect (he interests or tlm state, which
right ol legislation was expressly ro
talncd in tho act of lo, under which
uiu iuau was made.
(Copies of tho said special messajio
have been preserved in tho executive
olliee. and may be furnished to such
members as dcMro them.)
Previous to (lie passage of the law
repea ng the lawsgranting certificates
to railroad companies, at the special
sens on of 18S2, applications hud been
made to me for orders granting certlll
eates to several companies, which
w-ere refused by nie under that clause
of the law relating to tho Inspection of
a road, which required it. t- bo rc-
' : . V "l '" mo nmi neon con
structed In accordance with its ciiur-!.m-ir
.vith t!,b KoucimI laws, under
which it may be constructed, or with
iw i..lrM TCB,S!ut,?K r""roa(Is."
(Iv.C. Mat,, (ill.) Tim default gener
erally was In Urn fiilhiru in point or
time to bul d the road the distance re
qulrert by the charter or by tlm law.
intV.1 ""'uyroiis, iuve-tigatlons ro
luting applications ur railroad cortill
cutw generally, I am largely indebted
to the courtesy and aid of the preen!
and former attorney-generals1 of t lm
charitable. Institutions lmvn
ii... ,,.n.,0 1""?.:.. ;" i''iu"i
1 and gradual onlarKonient
1 The I'tvatelt sJu- n r J )iV.. ,
...v ...v...i.i muiisiii'ii lor t'leir
Mature I l,, :. .? " ," '.'"
Hot, relating to 1 ii nb.r r m'1
that have been take "ro f " '.h
and other lilapw far tlm Vvni na,,'J
iiiiinotlntlon hi m.U'.,?..VS"1.?1 ?
viiiuiiniiiiuiis ior Ilu I.. l. i .
vti..iCV iiMi.ll lO irrl fiimliL
r c" iiifiiT
Al.propriatlons hnW bee i, L "Ta
they ptve been totally luadequa l'e
they have been used. J and In v" een
laive. tlno ami
--v isvs. it re-
.M.TII. I..,.. .. .
i i riw linn nn i.r.. . a .. .
havo been made. And io it Tin
Mint uiiio iniieiinitniy without sonc, haimJ
i erected. FortmwtM.: 't" " Ul''igs
( .. ..- . ."".huiii jiiu fini'it.ui
(., .., "i. ' m ureanii n
" "m '!u cojt only
fourteen hundred dollars, was
built in a few weeks, und
is now furnishing comfortable
quarters for a considerable number of
lunatics. Fifty thousand dollars so
spent could be undo tlio means of
accommodating every lunatic in the
state in six months or less time, and
it would he a prolltublo and humane
investment to the country if the
houses should be torn down, If of no
fwrther use, after better structures
could be erected.
There lias been a marked Improve
ment In the execution of tlio laws in
both civil and criminal cases. The
creation of tho commission of appeals
to aid tlio supreme court, and the
court of appeals iu civil cases has
bepn of much service in enabling
those courts to dispatch their business
and thereby prevent tho unreasonable
delays in litigated cases which had so
long been a Just cause of complaint.
The gentlemen appointed to (ill po
sitions In that court have labored ar
duously, with an ability that has enti
tled them to respect and full conll
dence. ln"the district courls there lias been a
gradual improvement in tlio adminis
tration of the laws or tlio state, by men
or experience and ability consenting
to hold the ofllco or district judge. In
those districts wherein district, attor
neys have been appointed or elected,
the criminal laws have been generally
much moro cllicicntly enforced. In
the moro populous counties the county
attorneys have generally done well in
prosecuting criminals. Our jury law,
as perfected and carried Into cllcct,
has been of great service in producing
tills result. The great delects in the
execution of our criminal laws arc,
first, flic want of experience and abil
ity in tlm attorneys represent
ing llm state to meet tho great
ability of the bar opposed to
them. This I say without any dis
paragement of the many promising
young gentlemen who now fill tho
otlices or district and county attorneys.
Lawyers or cmiuoncc ucnerally will
not 1111 these ofllc.es under existing cir
cumstances. In trials for the most
heinous crimes, a scene is otlen wlt
iKssetl in the courthouse discreditable
to the state and ruinous to tlio publlo
interest, which is, where a criminal is
being defended by a number of the
ablest lawyers in tlm country, opposed
by some clever young man ot respecta
ble ability, with the additional disad
vantage or powerful influences being
exerted outside of the courthouse for
tlm acquittal of tho criminal, which
lie has no power to counteract.
To remedy this defect, I recommend
that the legislature would take steps
to amend the constitution so as to
have the ofllco of district attorney to
be tilled by the appointment of the
governor, and to provide for it in
every judicial district, wijli a salary
tlnsamoas that of tlie olllce of the
district judh Further experience
and observation convinces mo that,
unless thnt or soino oilier adequate
remedy is resorted to, the criminal
laws will never be properly executed
In tills state.
The second great defect is in the
failure or peace officers to report (r
renscH, so as to have prosecutions in
stituted, which is made their especial
duty by tlio 'law, where they liavo
luiowlet ge or credible information that
offenses nave been committed.
it is hardly necessary hereto specify
niiniDrous ollenses that receive
popular toleration, though well known
k uis cuiiuiiuoiiy comniitteil, which
areoccasiontilly piosecuted in a way,
to impose upon tlm perpetrators a sor t
of tax for the benefit of the olllcers,
without Iu the least degree preventing
a repetition of tlmollenics.
It is, however, due to those officers
to state, that in the more tenons of
fenses, such as murder, robbery, and
limit, they liavo exerted vigilance and
prompt activity in making arrests, and
do not now. usually wait tor rewards to
be ollcred, before bestirring them
selves In the discharge of their duties.
T respectfully refer you to my mes
sage, giving an account or the inouey
paid out on my order for rewards for
the arrest of criminals, fees for attor
My course lias been to issue rewards
freely and promptly for the arrest and
return of criminals who have lied to
other sbites. regulating tlm amount
given according to the magnitude of
nit U1M.-1IBI', 1110 UlSUinr( mill l.nwncn
oi (ravel, and a reasonable compensa
tion for theservieo and rik. The pay
ment of the rewards have been condi
tioned upon (ho requisition beine:
strictly complied with, by getting a
warrant of arrest from (he governor of
the state to whom it is directed, so as
to prevent (lie practice of kidnapping
criminals in other stales.
When sureties on bail-bonds have
applied for requisitions to arrest the!
principals, a small reward has been
given to encourage them in their ef
forts. Open rewards, when tho crim
inal Is within the state, or when his
residence is tmknmvi. l,,,.,., k ...... ...i
Uoiii granted, with an occasional ex
ception, in cases of secret crimes,
when tho perpetrators aro unknown.
y pursuing the i policy hero indica
ted, the peace otllcers of the state are
brown upon their ollioial icsponsibil-
iu the regular dbchare of Uieir du
ties, tho expenditure of mi, ,....-
ilS" 'M.., .; HPJ within
ot' , i ,,,i ,,,, ' . Uln lur """her
ot criminals have been arrested, most
Of Whom have ho,.., i. .. .. t.. ! ,nbi
m)... v ... .TV. "- Ui" ' irom
-...v. uihivs, iii ii reasonable co-t.
granted to the chief
this sub cot. Hk tiw.
i,ti uuuing iiowvr
.... --.n.u.iuiiiiiry ixiwer. it wn. n,i
ftgce,orun,; fuirdMps'o 'Heri
oh character, and not as one or tlio
ordinary nrofy?Sja the execution of
the cri.uinal law, as it has bcn
tht continually nttemp ted to bo
male, Ircquentlj' on very frlvolo s
re enoes of 1Uurft, supported v in. i
tions iiiumi..rou,yBBn. lU1
Miere lines have liccn exorlilf.n.f
W hen the remission c.f a forfeitii.,.
" -- ....ci.iLiiiiiiv viinu... ,1..., &
,...:. -v,"""ii iiuu u
In n ... ' "...r" w, nave
; J"."",ul wopnvo the olUcors nf
Justly or ilieuaUv "C"n .!i ' "!l"
rendered. ' "u'Huy
'Sotwithstaiirllii.. M.;. :...,.il,ki' ..
was eiven in v.:.? ir"i vlo notice
iny tirst utteran
Ilia! onsna , I. ZZ? V. ".' 'I W
...T., !..'"" y uicn
,....... ...Iti ii,vr, is not capable nf k
being controlled by any dciln te , rev - rIKfn
ously spcclllud rules orJ net i. I ehil ; frC'
sureties have oxpondeil ...n ,. . . .V'. '"V ' . during tho early
"inn, and n a practical u-.v- r.XY ' l ;r,n or 'CI? ,IS tSP
arrest of their prluclp- is tihmm h? ' an 0,n,rt to l,1'ov1'1" lbf
" expended 'has bS' I IT1 U , Vcl,t t,llJ liiereuBo of S
their favor. This i,a K i , m in A U ha' -" ll1
rule, to encourage "Sb c I "r ts awUa .war, notwithstaia
11(1 11 lllllttl'llt r.ntt.. . i . -"" i Ullllll III YOU 'ir(l II II
J W I'll
executive ofllco . VK?1
rllldn flu, In....).. , -'i
-..., mm t)L.cn
T 1 Wtttt ft,......... 1
",w..". i'":ieii Cro.;j
wormy oi conn duratlM
tiriwiitif.wl ui.... i"wofl.
Iwb umo of " " ,
v)lltliftilmbU .. .'.i.i WV
or accidental drunken!
sympathy, or a mimCa!
Ition .or alleged in. Kg
flf Illf.IXll ,..,....1.1, A I1
fin " -"""euoiiu. si
Tlio getting i,,, nndf .
forwardiair to n
has become a part 0f2
practivo for coiiipcnBatla?
of them, and other Q'
the chief executive, toiirE
jfy tlm execution ofirtj
tloncd by the rospoctabllS
numbers of persona i.7
Ofl'orts. or carliaul,. ..i3.'
as signers to petitions? IK
vlctcd criminala hrin'Ji
punishment, has a bad 6
vwiiiiiiaio iui;iiijt;iVC8, ,Ei
u..iiw,iiiK uui-ub upon i
whero the efforts aro
tendency to nllcvinte
from tho cnormitv of2
prevent its public con!
fixed by law and prowS
by the courls.
siblc, except to lii ,,
sense of right, for the,
which he has exercised m
nary power entrusted lo
deemed proper that lieihi
to liis constituents, whoam
resent, tlio principles whM
trolled his action.
The leading ono basrJM
good conduct and reform
penitentiary at a premico
it in siicli away flints!!
con raged to work and. ad
thereby liavo their terms'
miuislmii. They have i
taught to rely upon sel
than upon outside niutieofr
relief. This, I have betf s
had a powerful etlect InaH
ernnient of the convict
good conduct, some c-et
beet. )iirdnued, mid
of service of otbcral
shortened liy coninuitatW
of my service. Uoys ud4
convicted of theft, or 'ol
fenses, have been pardonei
eight or twelve months k
account oftlicir tender nn
names lias been sent fori
to me for that purpose dm
Convicts that have bas
nently diseased orcrlppld
vice, have been pardontd.-fl
minder, it lias usually US
that a btatenient of thcficff
Idenee should bo ftirulsMi!
nation, before noting on'ti
A fewjiavo been jiardos
I have been satislled l
A few have had (be
alty commuted to labor.!
tiary for lifo, because, afc
sideration of tho eviuesit
believe they ought to Ms
iu all such cases my ressss
have been assigned". Thus
eflbrt lias been made to
proper execution of tlicfc
guided by some principled
of right, and not by mcii
Thp report of tlm penllli
will show what efforts'
maim to complete thejoj
t lanes, and to liavo pW
their walls as many cow
On account of the fiwli
als in crossing the Bio I
either side, to avoid arrt
cntions. it beeamo nee
point all ofthe countvia
trict judges whoso juris
inai river extpidition a
of Texas, acconipanriiKtll
mciits with a circular
ing their aecejitance ai)u
copy oi mo extradition in
the United States and M
Upon communicating t
iuc governors ol tlicadja
Aicxico (nvorublo uinw
ceivcd, giving assurauw
action on their imrr.
Since tliathas beendw
trouble 1ms been experM
KKO.VriEIt 1IATTAXIOX ;
The report of the adjsj
win snow that tho froc
and special police force
good service in arrcstingti
in preserving peace and;
the western and rfoutlnvt
of the state. Since thcJi"
nations have ceased lm
their exclusive bushie
they might feel and fuU'l
their lull responslbilKM
oiimers, copies ot ho uig
navo uccn lurnishcd tot
!. .:: '"' .1.1
JH in l-lll Invilla nill-Sf
and Koiu-riT- llia unsettled or sparsiii
iiwiia ui mo siaic, iiiih
ments have tidvauced nf
the reccdlni' frontier. it
uiturcs lortne suji
"H. contlniiiin? mid ic
nn.iKI.. .. I... 4 1 . ,. i fl
to bo gradually 1?
w.,UU u JUMUM ,
expend lures. The c
a loreo has been anal)-'
and it must Insomedre
be so as long ns tlmrc are!
oi urn state spniv-ciysi
bad men comblim to et
tions. and evadtv or
tho constituted null
con n tr v.
All of tiiese subjJ
an vetted to, because liny
directly relate to wliai
in me eirori to enforce.
liumlreil ihilliii-x wortlii
was thought c.vncdlc"j
mo unappropriated r
that ptirjiosc, which' I
passage ot a law, at t
oflb'TU. aimroved fo
of that year, setting
uie j.'aclllo rcserv"
many counties iudica
uuotvaiiizoil. and tfl
less than (M0 ucrca.,
nfiimfliw noKiniif iuif. '
about eight millions M
reetlntr H tn ho sold "