Newspapers / The Charlotte Observer (Charlotte, … / Jan. 11, 1879, edition 1 / Page 2
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3 r ?Th (fThrtrl rtttfA h tefrti ft Vacation did not feel at . liberty ; to. ex--l&yZ S&yuXlDUZ- Vl)V5ZV0ZVi peii3 any State . money in their aid, '"V.'V j T r fl-1"" ' fVi VT' p 1 fr pfi which appeared a little ungalJant for so K !( .ni.1 I'roprsHJt 4Frr irvui flu- doting nu lUMi Mm, w.i SATURDAY JANUARY y t, 187 TilEGOVKHNORMESSlGE To the Horiothble the General ' Assembly ft . rt ; :t f TiwiftmiairoVilh-tiiti1 1 iv " i. ,1 and the time-honored custom or my predecessoi?rnhaiye'iHWl6jtr lo greet you as the representatives of the people and to confer .with, you in regard tpthe; state of our OimmonwaltliA!T airex ecutiye .desirous off etvjfhr- tfell Jus State the meeting of the General As sembly is always the occasion of re joicing, as it not only brings to his aid ihe wise counsels of legislators fresh from their constituents, but relieves him of much embarrassing responsibil ity ; I therefore gladly welcome you to the capital and promise to co-operate most heartily with you in devising means to promote the public good. It is kuown to you that owing; to causes which I need not here attempt to elucidate, the people of the United States and in a great measure of the civilized world have been for some years past, and still are, passing through a period of most remarkable financial trouble, producing everywhere much distress and even disaster. Of course North Carolina has shared these calam ities and her prosperity has been re tarded, as has that of others. But i be lieve I can truthfully say that she has suffered as little, if not less, by these hard times than her sisters. Jxoking at the whole State and comparing her condition wiflr others, we have abund ant reason to be thankful and take courage of the future. The public health has never been better; whilst the pestilence has played with pitti ess fury .among ther hornet and pleasant places' of our Southern and Western neighbors, especially ef our grdat daugh ter Tennessee. . Tho prof oundest quiet and most reverential obedience to legal anthority have prevailed throughout our borders, while rioting, robbing and defiant lawlessness have disturbed the peace of many States north . and west of us, accompanied both by Arson and bloodshed. . . ',J, The crops of the last two seasons have been excellent and the means of subsistence have never been more abundant and cheap. The industry of our people : has, been notably increased juid diversified ; their farms, stock and agricultural implements show consider able improvement ; and while the pro duction of our cash staples has steadily enlarged, the amount of breadstuft's purchased abroad has visibly diminish ed. This is an undoubted evidence of progress. But manufacturing enter prise and the legal class of speculation requiring more capital have not equally advanced, owing to the financial de rangement referred to, in consequence of,,wnichi there- has been some distress among mechanical population, and K rices of all products, including labor, ave ruled low. Remembering that North Carolina is pre-eminently an agricultural State, your legislation should be directed to wards the improvement of that interest mainly. In this connection I beg to call your attention to the fact that the first and perhaps greatest need of an agricultural people, thinly scattered over a wide extent of territory, is that of good highways and eas y transporta tion for persons and products.,. As a general rule, from the lowland belt westward the highways of oiur State are as bad, if not worse than, any to be found in the Atlantic States. The old system of locating them and; keeping them in repair, adopted by our .fathers mfe than a hundred years rtgos still in nse,though its utter inefficiency for n ear ly that length of time hu3 been apparent. Of the inconvenience, cost and depress ing tendency upon all industry which such roads occasion, I need not stop to remind you; I shall only beg your earn- est attention to tne necessity tor a change, and expires my decided opinion attention to the that no pfirnyiTip'it pmappri t i iu ava pected Unless this grievous evil, is.reme dieotr Cr$4ih grfeat leading thorough fafes throfigh the'most convenient ceni tres,and all pouring into the nearest rail road lines, might l)e cheaply and thor oughly constructed by convict labor, the counties through which they pass i supporting the convicts. And jas to the t other roafs discharging into these, 1 ad vise ftia.fr somei. other method for their construction and repairing be devised. I am happy to be able to state that an increased interest is manifested among all classes in jxspular. education. This is, I believemauily to theiaction of the last Lepslxtere.ii&'appApMating: money f or "the estabHshmerrt of normal schools. In- accordance with; the law the board of education established one for the whites at the University, and decided to locate jme. for the j blacks X, r ayetievuie, in a uuuuing lenuereu oy the colored people of that place. They , were established on somewnatlifferent systems, regard ueingr riaa to; the air cumstances of each rae. lit was 6iThbur'' forests are to-day, perhaps, worth sidered that the white race had already many educated teachers who simply needed instruction 1n the art of teach ing, while the blacks needed teachers instruptetfin bjrth, the Elements of learn ing and tha3 art rof teaching. For the one- terefe,,sfi, weeks school was held at Chapel Hill during the summer vacations, and fQri(the other a perma nent school wasfetjajulise fhi Fayette ville. Both have been remarkably suc cessfulat the first session of the white ' school 225 teachers attended, and at the second one the past summer, more than40Q Jhjerjwere jpirseht,')tie senting labpftt amy counties. An ex cedtent fcar.pa pf fhstrtictbr$ ee ployed, the university gave the use of its buildings, its libraries, laboratories, and apparatus. The railroads very gen erously gave reduced rates, the agent of the Teabody. fund- supplemented the .appropriation witi) a handsome dona tion, and every dollar that could be spared was used to equalize the.benefits of the State's bounty by f-paying the traveling e xpese pM the more indigent, Lectore xbydistingiiislied citizens of the titatp nn pfWiilar thpmps .were de. lfvM-fld almost -dairy witn.tiie Dest re sults. Thil0teffiaC4Jfjt the whole was to arouse an'enthjjsiaaticJn-. terest in behalf of jpopvlar,eucaqn,) among mio iinuu ui uuj ptsopie, and to excite a spirit of honest pride in their noble calling among all the teach era present; which -will; it is-iibpedVafr much good. The accompanying report of President. Battle is, referred to for particulars. The colored normal school at Fayetteville was put in charge of Mr; Itobert5; Harris," -a J native ''Colored man xt excellent haracterundcapaci ty, supervised by a board or local man agers seldcted'iroriithd' best 1 business citizens of the town, .who .took a great interest in its welfare." It has been managed, with unexpected success. The first sessiott Opened! with fifty-eight pu pils, about forty of whom have received certificates as teachers, some of high grade; the second-year began with sev-ntv-f our nuuila and is now in urotrress. The .same, donation w,as made to this school ,by VthftBeabpcly fund as" to the; white school, ana . tne same scneme aAnnteA to eaualize its benefits. The report of Mr. Harris, to which yon are referred, will be as surprising as l am sure it will be pleasjngjto l who de sire the real welfare of pur colored citi- , zens. M.iu tz&lA i ilt.-i f iv :. . I sincerely hope tjxe Appropriation for both schools may be, renewed and the lw be made to embrace both exesvbeen well managed by their respective For though females have attended both f boards, and are in a satisfactory condi sohools permissipnyet-'th ijWafd pff tion. The Deaf and Dumb and Blind Christian a DeoDle as ours, who are so well aware that as ji general, rule., out- ; remaie teacnera re:,weii.err, iiiau --mm?. 'males. The excellently worded me i morialof the teachers themselves; which ! accompanies the report ofsPresident i Battle, is especially commended to your favor. " - . BOARD OF AGRICULTURE. The establishment by the last Legis lature, jnpurauaneeidf the constitution, fir u. nm'jrrrnpnT. rii aiicuiiuir;. vy very tmportantep- indeed to-vthe wel if.,,ntk;.&Mo A a was to have beer fare of this State. As was to nave been expected the lae has in- some respects proven defective, and, will require some amending at j our hands, but in the main it is an admirable one. Itis the first special effort ever made, inythe di rect interest of agriculture and has been hailed by our farming people with great satisfaction. So far this bureau has cost the people nothing, the tax on the license to sell fertilizers having yielded sufficient revenue for all its purposes. As soon as possible after the passage of the law in 1877, the or ganization otthe board of agriculture was completed bv the election of the two intelligent farmers who now occu py seats in it, a commissioner was elect edj a secretary and treasurer chosen, and work begun immediately. For the results of the first two years I refer you to the accompanying report of the com missioner, Col. U Li. Polk, which sets out everything in detail. I regard the beginning as excellent. The chief dif ficulty in the way of doing any new thing among a people so conservative us purs is in securing their prompt co otoetfttton. It was found verv difficnlt at first to awaken an active interest in the operations of the bureau, but the impression once produced is lasting and enlarging. Special attention litis been given to the analyzing and classification of fertilizers, including marls ; to the re-stocking of our rivers with fish, and the preparation of a hand-book of infor mation concerning the State and its re sources. Much good has been effected, I am sure, and an interest excited that will lead to still more. A serious draw back to fish propagation is the numer ous dams and obstructions of the streams; and public sentiment is in many places prevented from bearing upon tlie owners of these obstructions bv the sneers of the ignorant and the incredulous. This will disappear when the results are seen, and the laws pass ed in aid of this important matter will then be helped in their execution by a w;s3r popular opii.im. The trouble with regard to the preparation of a pro per hand book has been the actual impossibility- of getting statistics. The duties required of tax-listers under the sixth section of the act establishing the department, have been in seven cases out of ten evaded or openly and defiant ly refused. Additional legislation is needed to imike this law effectual. And in this connection I beg permission to remark generallv, that the vital defect of our laws lies in the machinery provi ded for their .execution. The general tenor of our legislation is excellent, as all who philosophically examine our statutes for a hundred years past will confess; but a large portion of them cften of a most lieneficent character lie dormant and inoperative. Then' is no power given to the chief executive, or any head' of a department, to quicken the diligence or rebuke the criminal neglect of his subordinates; and many of our best laws take the chance of the local favor or disfavor with which they mav be regarded, and are alive or dead as that may be. Proof of this is found in the number of new statutes in rela tion to subjects concerning i which ex cellent ones are already in existence. It is not a good thing or a healthy sign, perhaps, for a people to multiply great ly their list of criminal offences, but for rthe curing of this serious defect in the administration of our laws 1 can see no better way than the imposition of heavv penalties for the omission or re fusal on the part of any public officer, to perform any duty which he is requir ed to perform. It has not only been found impossible to get the statistics reouired under the act establishing the board of agriculture, as before rsmark- but -aLiu-tu get pj:u per . and ti met y returns from the countv school boards land uauagers, whilst several counties in the last election I r Congressmen failed to send full and proper returns of the votes cast, and some even failed to return anv at all ; and so on through the list. It is" to the last degree discourag ing to those who earnestly desire to do (something4 for the public" good to find that those whose special duty it is to help will not do so. and can refuse to do sj with impunity. As to the work of the agricultural bureau, I desire to call your attention .to the subject of our forests. I will not undertake to point out the many and most important functions which they fulfill in the economy of nature, and which the investigations of scientific men are every day bringing to the at tention of 'the world, but will content myself with referring to them as a source of wealth, health and fertility, nd.to the fact of their rapid and waste ful destruction. Depleted as tney are, more intrinsically, propeny managea, than the lands they stand upon ; whilst the value of those especially which shadow the highlands round about the sources of our rivers is simply incalcul able considered witiv reference to rain falls, destructive floods, &c. The proof of this is plain to any one who has ob served the condition of those vallevs whose hillsides have been entirely strip ped of timber and converted into that shame of- Southern agriculture old fields; and yet, in the tace ol the in creasing value ot timber and the de creasing value of the lands from which It is ruthlessly swept, tlie destruction goes om i jviany counties already reel the evil keenly, ana not many years hence, if some remedy be not applied, the. outcry will-be general. 1 confess 1 do not see my way clear to that remedy. 1 am aware "of the difficulty and the danger of interfering with the owners' legal right to do what he pleases with his own If he sees proper to cut down all His tiftiber, dry up tire' springs. which feed our , streams, and precipitate his soil inte their channels, chansiing their -currents and deluging all the low lands below him, andrnrpoYensTiing hrarserf and his childrenj-l!can'l.see ,haw he is to be hindered. lixft thpVdple of other nations are finding means by bonuses, exemption from taxktion'aiid other de vices to restore the forests and denuded lands; and many of our counties are adopting laws, with regard to inclosing the lands, the effect of which is to re duce the expenditure of timber for farming purposes to the minimum. As guardians of the interests of an agricul tural people, I commend this whole J- subject to your serious attention. I am requested by the board ot agriculture to say that they concur in the recom mendatiens. o the;cQmuiisioneiv , I call your special attention' to the report of Dr. Ledoux, director of the fertilizer ...central., statiou..It is gratify ing in the extreme, you will perceive, that the quality of the fertilizers sold in the State has steadily improved, and ftiie marked value of the improvement .amounts to more than SioojOOO in two years! This is caused obviously by the fact that, knowing their vares were to' be subject to a-rigid scientific test, the 4ealers were careful to make them come ! up. to the mark, and many others have quit tne market altogether. PENAL AND CHARITABLE INSTITUTIONS. I am happy to say that the affairs of the penitentiary and the two asylums have 1 Blind 'VC '! !! . t ' . 7,.,!,, . Asylum makes perhaps a wore sallilwiwautL a-va&mefit 4o the peoile tory exhibit than it has ever done since its establishment. v iui a large increase of pupils there has been a decrease of 16 per cent, in the total of ;f expenses As you Ts'ill see. by the superintendent's re port, "with, a reduced appropriation fro m former years, the board of this iiistitu tionihaye saved $i5f05.itf outifuf the amount, with which they have;' erected an elegant and much needed addition to the main building, at a cost of $7,576. 55, and have still to their credit in the Treasury 7,489.57. Though results have1 not beeii quite so satisfactory with the Insane ASyitim," yet, on the,wholi j t has done weifot withstanding th3 number of Its inmates ira inmarp i have increased, andsome extraordinary and costly improvements have been made, expenses have been kept down, and it has lived within its appropria tion. I recommend that the board be authorized to build on the grounds a separate residence for the superinten dent, and that his pay be fixed in cash, as are the salaries of all the other prin cipal officers of the various institutions of the State. I also recommend the re peal of section 29, chapter 6, of Battle's revision, under which the State pays for transporting all patients to and from the asylum, to whom the clerks of the Superior Courts will give a certifi cate that thev have not property suffi cient to pay their o wn expenses. Under that act the State is often imposed up on shamefully. It is the nature of pub lic charities to invite such abuses, cus tom legitimatizes them,;and they become a base for still greater abuses. The on ly safe way is to use the knife promptly 1 on their first appearance. It is known that much of the laws, as they now stand on the statute book, in relation to each of the asylums and the peniten tiary, was abrogated by the decisions of Supreme Court in litigation concerning their management about 1872, and some legislation has been had since in consequence thereof. The laws now have to be read with the decisions of the court to arrive at thelrmeaning. Implication also has to be- resorted to in order to supply deficiencies. This makes it ex tremely inconvenient for the board and all concerned, who sometimes have to consult counsel before performing a plain duty. I recommend that the va rious acts regulating these institutions be re'-enacteu, striking out those fea tures declared void by the court, and the whole simplified and connected so as to be easily understood by all. The work on the Western Insane Asy lum has been fully commensurate with the appropriations. The report of the commissioners will give all the partic ulars. No work ever undertaken for the State has been done better or more cheaply, and when finished, all its sur roundings considered, it will, in the opinion of man', be the most desirable institution of the kind in the United States. I trust that a sufficient appro priation will be made to finish the wing now so near completion, and furnish ft for the reception of patients. This can be done at an early period of the sum mer of 1880, and will give much relief to many distressing cases which eannot find room in the asylum at Raleigh. - For reasons well known to all who are acquainted with the state of the treasury, but little has been done to ward providing an asylum for the col ored.1 An appropriation of 20,000 was made by the last Legislature, but no tax was levied to raise money, and at an early day the treasurer notified me that he could not pay my warrants. Unwilling to do nothing toward an ob ject so much needed, I appointed a board of commissioners, as the act re quired, and requested them at least to select a location and make a beginning. After proper deliberation and examina tion the board finally located the asy lum near Goldsboro, as being near the center of our colored population, and purchased a beautiful site containing 170 acres on the railroad and Little riv er, within one mile of the town, for .$."),(K)0, a large part of which is farming land. A design has been accepted and the f oundation of the building laid, as will appear by the report of the com missioners, it now remains for you to provide means to erect the buildings, which I respectfully recommend bedone The care of our insane is a heavy and growing burden, but humanity and the. constitution are alike imperative thatit shall be done at State expense. Let us not try to evade a plain duty, but face .it manfully, using due care to prevent ex travagance and waste in the manner of doing it. THK PKNITEXTIAKY. Tlie penitentiary system of dealing with our criminals is comparatively new in this State, and as it is now by far ihe most costly of all our institu tions, and is almost daily becoming more so, everything pertaining to it is deserv ing of your earnest attention. The main idea of such a system is to punish offen ders with hard labor, either to reform or deter them and others from the co:n niission of crime. The economic prob lem is to make this labor support the institution. The plan adopted at pres ent is much more than doing this if the work being done by the convicts was paid for in cash. The numberof convicts now on hand and their distribution is Shown by the report of the very compe tent and energetic board of directors and superintendent, sent herewith. The able force kept in the enclosure has been constantly employed upon the walls and buildings, and by placing a casli valuation upon the work done, it will be seen that they have earned handsome wages over and beyond their keep. The returns from those engaged on tlie various railroads show greater wages , valuing their work by engi neers' estimates. These estimates are very liberal toward the company for whom the work is done, yet it will be seen that the convicts have earned more than four times the minimum fixed by the Legislature at which the companies should 'be charged. VALUE OF CONVICT LABOR. From this we may. dntw some valua ble conclusions. : ,f, -,., 1. That convict labor is almost if not quite as valuable tor road construction as hired labor. 2. That convict labor is more valua- uie used in mis Kina oi work than em ployed at trades and mechanical work in close confinement. 3. That the health and general tone ot the convicts is better in outdoor work. Influenced by these considera tions I am induced to sav that in mv opinion it is our policy to provide labor tor them on public works altogether. ftfter the completion of the penitentiary uuiiumgs, leaving wiuim lis wrans only such as from feebleness or - the nature of their crimes cannot be sent outside. In addition to the completion of the loads begun by the State,, and to which labor has been already assigned, . there are a number of local railroads and turnpikes greatly desired in many parts of the State, and valuable swamp lauds to be drained, at which convicts might ue ennuuyeu witn great nront .to the State, the counties or communities supi porting . the convicts. I think that wnenever any county or' community will obtain a charter for. building a? 1.U11.WIUDI a luiupiKe, or, arammg ,a swamp or uykmg a river, and will. un dertake to support the hands they Should yivpu me convici, laoor. njere are many fertile vallevs of greater oW1k extent, remote from railroad facilities; suuu as ine great vauev ot tne Yadkin from Salisbury j . to vPatterspnwhere w en-to- u,o; larmers a am sure would be inauced to attempt the building of nar row gauge railroads if thev were IgiVeA tne necessary labor; and many excel lent turnpikes, would be constructed as feeders to our railroads, and many rich swamps,might be drained, tn the same manaen ,m,Uus way the increasing I cost of the penitentiary would toe ikeptjject i . I Ji'". S, Jrji- M t'.-yjilij' .... , , v?i:u 4 rsyvb i be accomplished. DYKES TOIt TUB ROANOKE. As a further illustration pf this idea, I b gf leave to call yourjuttentioiito the situation of that rich and once product tive region; the: Roanoke country below'. Weldoni At one tfujethe gypt xf our State and a source of great wealth to our people, those splendid and inex haustible lands are fast becoming a wil derness by reason of the destruction of the levees which confined -the Roanoke vithin its banks, if 'Inrthe demoralized state of labor there and the reduced conr whole regieUfWiu be lost to the State ior generations .if IsomethWgls not done to reclaim jtT.- If f the counties or citizens interested will undertake to support the convicts and their guard, I recommend that sufficient force be f urnised them to - . -rr . : zzrr . rebuild those' levees and thus rescue that important . portion .of our State frorrvruiri,' and enable the citizens there of to recover their prosperity, and in crease greatly the public wealth. It is entirely practicable as I am informed. RAILROADS. The public works have been pushed forward with energy arid Economy. I regret exceedingly that the manage ment has-not been able to have the cars on the Western North Carolina Rail road running across the Blue Ridge bv this time, as was confidently -.expected; when your predecessors adjourned. JNO energy or determination has been want ing, but insuperable obstacles 1 were round in the nature of thft country and the insufficiency of funds. Naked labor can make little progress in such' wdrfc as cutting a railroad track through our Western mountains, unaided by all the moaern appliances ana material now used in such operations, and which cost more money than the company could command. Owing to the geological peculiarities of the formations through winch the track is cut, vast slides ot earth and rock, some of them as great as fifteen acres ot surtace, have been con tinually falling into the track as fast as it could be-removed. ButThe-work 1st noy-almost "dpn aayligp nerjy through the great tunneL in a tew weeks from this day the engine wilt pass the summit, and the track can be completed to Asheville easily by mid summer. Owing to the condition of the treas ury, I did not purchase the whole amount of iron which I was authorized by law to buy, though greatly tempted to do so by the low price for which it was offered. About twelve miles of rails only were purchased, the cost of the whole being a little over 75,0O0, The remainder of the appropriation will furnish the iron necessary to reach Asheville unless it should rise greatly m the market. By the reports ot Mai Wilson, president, it will be seen that tne earnings, by ins estimates as en gineer, ot 427 hands (about the average .number lurnished him) have been near ly $100,000 per annum, or $200,000 tor tlie years 1877-78, being about $23(3.00 Ier annum, per hand gross. The cost of supporting, guarding and overseeing them has been for the same time about $98,000. Their health has been excel lent. As nearly as can be ascertained their net earnings, deducting everythin ,and including the sick, the women an any cause, is 121.50 per hand. On the whole the experiment of con ..w V 1 VII J. v,K VllV 1U1H1 1 1 Villi structing that road by the convict labor nas been a success. 1 hope it will be continued, the number kept up and ev ery necessary step taken bv your body to nmsn tne road to its western con nections as heretofore agreed upon: The squad of hands employed on the Georgia and North Carolina Railroad has finished grading to the town of Mur phy, in Cherokee county. I have re ceived no official report of the work Col. L. C. Jones, president of the Western Railroad, makes a very flat tering report ot the progress or tne work done by the con victs on his line. Having determined to extend it in the direction of Greens boro, the company began work at or near Egypt in March 1878, with 100 con victs, and there is a good, prospect of soon seeing this road completed to Greensboro. It will open out a fine sec tion and be a great benefit to the coun try through which it passes, to Fayette ville and to Wilmington. The hands on this road haye earned net about $ per head. The Chester & Lenoir Narrow Gauge --! 1 . 1 i. -i -. i - i;uiioau company oas noisuea lis line to Dallas, in Gaston county, and the grading to Newton on the Western North Carolina Railroad. From that point to Lenoir, the greater part of the grading is done, and the work is being pushed with enery. They have been furnished with fifty convicts, and the number has been kept up. I cordially commend trus. enterprise to your favor, It is reachink put iu a direction per haps more important to the welfare of the State than that of any other rail road, except the Western North Caro lina. It . not only points towards the most remarkable and extensive! iron and copper mines in the South-Cranberry and the Ore Knob but also the salt, lime and,plaster deposits of Wash ington county, Virginia, the cheap im portation of which wonld probably do more to renovate the agriculture of our state tnan anything which could per haps be devised. I regret' to say that work on the Spartanburg & : Asheville Railroad has been suspended, just as it nas attained tne crossing at the Blue Kidge into the beautiful, yalley of the French Broad. Two hundred hands nau urari jeptjaitn. .that, compaay-un-der a cor.tract.made befpre I came into office, at a.srnail f hire J KhlcWItSonlract was respected by my board until last September, when finding the company in a failing condition, and unable to pav, the hands were . withdrawn, and placed on the Western North Carolina work, beyond the ridge. The AUantfp,& North Carolina Rail road has been environed with difficul tie ever sinee; my Accession to office, some oi winch were called to the atten tion of the last Legislature :' a suit be gun 111 the State ratni-ta tn imnuanh fho validity of the mortgage bonds, on the grounu or -usury, was followed bv a counter suit in the Federals courts to loreciose the mortgage and sell the roau. l nese have at length been com promised, on terms which it is thought will enable the road to live and meet its interest promptly hereafter, the iw Lcumulated, interest being $ unded, nd time oi payment extended, the bond holders surrendering $10,000 of bonds and coupons to.be. canceled.. When.it came into the hands of the present board, it was apparently in the last ex tremity . of exhaustion. Tla Wrack and bridges, worn out and unsafe, iuj luxiiug-abuujc run. aowny its employes unpaid, its interest really twelye months m default, and a floatincr debt of ahmit $27JOO iue--all this has ; beera changed. The, road bed, bridges and rolling stock, are now much improved; the floating debt , has all been- paid, employes ; are paid off weekly, arrangements made to suljust its bonded debt, an old tax debt due, .the. United States compromised t $5,500 is being paid at the rate of $500 per month; $1,500 being already paid and the president reports; $jojOOO in the treasury on the 1st of January to meet the interestwhen hef fh-st install Incomes due in J uly next";. Its gross ret ;eipts ror i77 were about 12 per cent. greater tnan the year previous, and tfp: to date of report .were&till greater for 1878. These are certainly very gratify ing results,' and give positive assurance that the road can take care of itse.f, if iiui vii uusuiess principles ana oy busi ness merfwi'IU is a source of much rpcrflf. Lto rn thattlre"TaTiradtMl)y the board i auu. aouroveu dot xne n .rauui this enri Icausedsuch lodaToijpiti0n."and sub- jcuteu iui uoncernea tor, tnemputaupji that the great tf esire of ' theX board and myself to save the State's property wasr pursued without regard 10 private in terests, jl believe and earnestly hope that when results are seen, these unjust. impressions will be rernoved. ? f fi'm Sj ANGOXAtBAY. ; : Tt is also asource of regret that the work of cutting- canal through Ango- a Bar-was not undertaken as proviueu by law The board were ready to do so at my request, and offered the convicts; but found it practically impossible to do the work, owing to xne omission, ui at to Provide the necessary means for its execution, there, being authority for neither a survey to be made, overseers to be employed nor implements lo ue purchased by the board. A little amend ment to the law in this respect will en able the work to be done promptly. NAVIGABLE WATERS. It is gratifying to see that the general government has begun to take an intei- est m tne improvement ot our naviga ble "waters. - Surveys of the Weuse, the Yadkin and the Catawba are in progress or contemplation ; and if reported upon favorably, I would suggest that a reso lution of your honorable body in this behalf would materially strengthen the hands of our representatives iu Con gress in obtaining the necessary appro priations. FINANCIAL. The treasurer's report will engage -i a ' Tr 111 your earnest attention, iou win sej that whilst the utmost economy has been practiced, yet the funds in his hands have not been sufficient to meet all the objects provided by law. The reason is simply that the last Legisla ture increased the appropriations witn- out increasing the taxes. But little over half of the $140,000 appropriated to buy iron for the Western North Carolina Railroad has been expended, none ot the $20,000 appropriated to the colored insane asylum, whilst $15,000 of the sum given to the Western insane asy lum was paid out of this year's taxes. All other small items which could oe so postponed nave been earned over into this year's account in order that the treasurer should not be compelled to borrow. This deficiency, it will be noted, is only in regard to the special appropriations, and is to some extent attributable to the lengthening of the fiscal year from October to January. It is to be regretted, and I have no doubt is very surprising to the finance com mittees of the last General Assembly, who thought the tax bill would yield sufficient revenue; and so it would, and more, under a better scheme of assess ment. I cannot conceive it possible to devise one which would operate more unequally, unjustly or prejudicially to the treasury. The rule for every coun ty, town and township is different, and tlie values of property situated in the .same locality and of the same charac ter, are as variant and unequal as the avoided, arbitary, and often indifferent opinions of the assessors may chance to, be. Very little property is assessed to' anywhere within the neighborhood of its value, but that does not matter ; the essential idea is to have the assessment bear the same uniform proportion to the true value of the property taxed. Unless this is secured, one man pays a vastly higher tax than his neighbor, and one township or county than the ad joining township or county, and it is in the power and oten happens in prac tice of the county assessors and com missioners to defeat the will of the Legislature by lowering the assess ments. It becomes also a heavy tax on honesty, and compels the conscientious man to pay sometimes double or treble the tax paid by his less scrupulous neighbor. A remedy for this evil is de manded alike by justice and good poli cy. What that remedv shall be your wisdom must devise. Ye do not want an increase of taxes but an equalization of taxes, and a faithful collection of those which are levied. My own opinion is that the treasurer, auditor, or other State officers, be authorized to act as a State board of assessors, with power to supervise and equalize the as sessment of. the county officials whose lists should be submitted to it; and it should haye authority to summon wit nesses, hear testimony, &c, and if the county assessors were chosen by this State board it seems to me we would almost have a guaranty that uniformi ty could be secured So, too, some disposition should be made relative to the lands sold for taxes and bought in for the State. For ten years these lands have been accumula ting, until, as the report of the Secreta ry of State informs me, there are now in his office sheriff's deeds for 1756 tracts and lots of real estate, representing taxes to the amount of nearly $17,000, on which the time for redemption has expired, and the State's title is absolute. In most cases the owners continue hap pily in possession, whilst their defaults go to swell the taxes of their neighbors. I refer to the treasurer's report for a statement of the annual expenditures of the govern ment,which is so clearly set forth as to need no comment from me. PUBLIC DEBT. The public bebt, it will be seen by the treasurer's report, amounts to $lt,960, 045 principal and $10,160,182.25 interest This is known as the recognized debt, as contradistinguished from the special tax bonds. What shall be done with it is a question that deserves your best consideration. It is out of the question for us to attempt to pay it at its f ace value. Indeed I do not conceived that tnere is any moral obligation on us to do so ; nor do our creditors expect it of us. Quite one-half of our property upoii whieh our bonds were based was want tonly destroyed by consent of a large majority of those who held them, and no court of conscience unon the earth I would permit a creditor to destroy one- i "io ocuumy auu ciaim run pay ment out of the remainder. But we can and should pay something. The resolution ot last session constituting the Governor, Treasurer and Attorney- vrcueiai, - committee to comer with I our creditors, gare no power to make or accept any proposition whatever ; and so an invitation to visit New York to confer with the holders of our bonds was declined as the accompanying cor respondence will show. Besides this no attempt ; to open negotiations with us has been made. But! have grounds to believe that very reasonable terms indeed can be obtained if we evince a determination to settle the question and be done with it. I refer exclusively to What is known as the "recognized'' debt. So far as the special tax bonds are con cerned, my opinion as expressed to your predecessors, remains unchanged that they are not binding either in law or good morals, unless it may be as to a very small fraction honestly appropria ted to the State's use and accepted by ner. or one 1 vow my readiness to? co-operate with you to the full extent of my power in devising tlie .methnd and bearing the burthens of an honora-J oie adjustment ot all our indebtedness, as s jmethirg which sooner or later will have to be done alike for the sake of our good name and our future pros perity. FEDERAL INTERFERENCE WITH STATE COURTS. i also call vour attention to certain ; uiattcrs wmcn nave occurred since your last session, and which give rise to questions of difficulty and grave impor tance, involving a serious conflict be tween the laws of the United States andjthose of the State. .... . ; At the fall term, 1876, of the Supe rior Court of Guilford county, one Hoskins and two others were indicted for an assault; and battery upon Levi Humble. , In March. 1877.. ttm-defend. fants having been arrested, filed in the omce or. tne circuit Court of the United States for thewestern district of North C irohna.1 their ' netitf on ' lin which thev set forth Z,t.hn(: i ordinal roronno rienart m mt of ie : l'n.w l f States, and that the acts charged against them in the bill of indictment I have mentioned were committed under Golor of their office; they therefore prayed that the : prosecution against them should be removed from the State Court to the Circuit Court, in pursuance of an act of Congress now embodied in sec tion 643 of the Revised Statutes of the United States, and which provides that criminal prosecutions commenced in any court of a State, against any , officer acting bv authority of any retentie law of the United States, on account of any fact done undercolor of his office, may at any time before trial be removed for trial into the Circuit Court next to be holden in the district where such prose cutions are pending. The prayer of the petition having been granted, a copy of the order removing the case was, on the 5th of March, 1877, served upon the clerk of the Superior Court of Guilford county, and when, at the ensuing spring term of that court, the case was called, the defendants objected to further pro ceedings in the State Court, upon the ground that the court no longer has jurisdiction of the case. Upon argu ment before the Hon. William R. Cox, then holding the Guilford Superior Court, that officer was of opinion that he could proceed no further in the matter, and so decided. From his decision the solicitor for the State ap pealed to the Supreme Court. Recog nizing the important and delicate nature of the .question presented, I deemed it to be my duty to assist the deliberations of the Supreme Court with argument from counsel learned in the law. I accordingly employed coun sel to aid the Attorney General in pre senting to the court the views enter tained by the government of the State. After a full discussion by counsel, the Supreme Court, with one dissenting voice, affirmed the opinion and judg ment of the lower court and dismissed the appeal. The same question was presented to the Supreme Court at the same time in the case of the State against William Deaver appealed at the spring term, 1877, of the Superior Court of Rutherford county, from the iudg- ment of the Hon. John M. Cloud, the judge presiding. Deaver and another had been indicted for a conspiracy to extort money from one Henry Summit and had obtained from the Circuit Court of the United States an order of removal similar to that obtained by Hoskins. The decision of the Supreme Court was the same in both cases. Impressed with the importance of having the earliest possible settlement of a question of so great moment, I directed the State's counsel to carry, by writ of error, both cases to the Supreme Court of the United States, where alone such questions of such a nature can be finally decided. Transcripts of the cases have accordingly been prepared and forwarded, and the cases are now depending in the Supreme Court. I am advised, however, by the State's counsel that there may be difficulties growing out of the peculiar constitution of the Federal Supreme Court, which will prevent an adjudication in these cases of the question I desired to have pre sented. I have reason to believe that similar difficulties have arisen in other States, and that public attention and discussion has been excited thereby. I therefore refer it to your honorable body to decide whether I shall further prosecute the cases now depending in the Supreme Court of the United States ; or whether it more comports with the dignity and gravity of the question, that you should instruct your Senators and request your representatives in Congress to call the attention of that honorable body to the fact that persons indicted under the criminal laws of this State are seeking and obtaining im munity from prosecution, under a Federal law enacted for the only pur pse of protecting the collections of the internal revenue of the United States. STATE PROSECUTIONS. An indictment inaugurated by Gov ernor Caldwell, in Wake Superior Court in 1874, agaiast G. W. Swepson and M. S. Littletield having been tried, as was alleged, before Judge Watts in i875, and taken by ceitiorari to the Supreme Court and being continued there until August last, was then decided upon and case remanded for a new trial. The circumstances are all set out with par ticularity in said decisions, reported in 79 N. C, to which you are referred. Under a resolution of the Legislature ratified on the 16th of February, 1874, 1 employed counsel to assist An amend ed bill against both defendants was found for obtaining money under false pretences, and the case now stands for trial. It is alleged, however, that a compromise was made between parties acting for- Swepson and the Western Division of the W. N. C. R. R. Com'y, wttnch by implication binds the State not to prosecute. 1 did not wish, if I possessed the right, to take the respon sibility of deciding whether it does or does not, and so refused to interfere with the due course of law. I respect fully ask your will in the premises, and forbear further remarks as manifestly improper upon a case now before the courts. STATE PROPERTY HELD BY THE UNITED STATES. The property of the State, once called the Confederate Hospital, now known as the United States barracks in this city, has been occupied by the United States ever since 1865; and although the troops have long since been removed, possession or payment for its use have bottebeen refused contrary, as it seems tome, to both law and public comity. In accordance with a resolution of the last General Assembly, I also ap plied to the Secretary of War to restore the official letter-books of the executive office of this State taken by military authority in 1865, or to permit me to make copy to supply the place of the original in this office. Both requests were refused. The correspondence be tween the Secretary of War and myself in relation to the barracks and the letter-books, is herewith- submited. My opinion in regard tQ these matters being intimated in the correspondence itself, I make no further comment. . STATE GEOLOGIST. The State geological survey having been made a co-worker with the board of agriculture, its usefulness has been thereby greatly increased to the people. In order that it may be made still more to meet the popular needs, I recom mend that it be placed under the direction of the board of agriculture, of which the State Geologist is ex officio a member, instead of the board of education, as at present. I am satis fied that the dissatisfaction which has for a long while existed with a portion of our people towards this most valua ble and important work, has arisen from a failure of the latter board to direct the labors of the geologist in those channels in which the majority of the public feel most immediate interest. The board of agriculture, constituted as it is, can surely do this ; and if so, good results may be antici pated. : - THE UNIVERSITY. The success which has attended the efforts to revive the university is grati fying in the extreme. The number of students is constantly increasing, a large proportion of whom receive tui tion free the course of study is practi cal and thorough, the corps ofprofessors is ample and excellent, and the admin istration of President Battle has proven able and untiring. I commend most heartily to" your favor this cherished memorial of the wisdom and patriotism of our fathers. s . ." . MILITIA. . i To the unceasing energy and perseve- ranqe of Adjutant-GeneraL Jonea we ' . ' mc juucutcu uii nit? nucleus of cellent volunteer militia orgaivi7.Hl ex" the. State: Guards. Two Xlw tt white and eleven companies of on? 3 guards have been already orSL?, the former consisting of thh i v n ; companies, uniformed at tin ir 0Cn 1 pense, and armed and equipped i v 1 1 allowance from the general govern ment .The great majority of them a v excellent, industrious youn men t h flower of the communities where thev Uve, iindnot likely to sympathize in anv way with lawlessness and riot. In c ise of emergency they would be invaluable for maintaining order and enforcimr the laws. - TO pall appearances the col ored companies are equally well dis feed and deserving of encourageim nt earnestly call yojur attention to the' memorial from the officers of this or ganization suggesting the means of sup porting it and promoting its efficient The cost of uniforms, loss of time an'.i expense of rationing themselves when assembling for parades, reviews, &r fall quite heavily on them. The State Guard really do all the dutv and fill all the functions of the whole militia contemplated in tlie constitution' and should be encouraged and support ed liberally. I respectfully.reconiiiieiiil that the Adjutant-General's pav he in creased to $600. His duties ;ue now considerable, and are daily iiu-reasiinr in laboriousness and usefulness. Provision also should be made lor a its, Skl-k.1 tj 1 . a 4- V. l speedy and cheap enrollment oi the militia by the tax-listers, or otherw W. and a small sum levied as an equi valent for exemption from duty for the b;neiit of the school fund, as provided iilsQ"' constitution. -v ACTS OF THE LEGISLATURE. Complaint is frequently made bv the Secretary of State and others, at the careless and insufficient manner in which many of the acts and laws in Un original are kept and enrolled. Some that were passed by your predecessors were lost entirely, to some the amend ments were lost, and could not be sup plied from the journals, being often mere scraps of paper pinned to the origi nals which were U st in handling, to gether with other inaccuracies, which made it difficult to prepare proper copies for the printer. I trust your commit tees and clerks will remove all further , trouble in these respects. It is of sntli cient importance to be looked after closely. EXECUTIVE CLEMENCY. Much criticism has been made upon this and preceding administrations in regard to the exercise of executive clemency toward criminals. In accord ance with law, I herewith submit a list of those to whom elemenev has been extended by me, with a brief statement of the reasons which influenced my ac tion in each case. It will be seen that the number amounts in all to lots, of which 13 were commutations and 3 were simply respites. Counting those in con finement at the beginning of my term, and those convicted of offences during the past two years, the whole number of offenders cannot fall short of 3,00u, of which those pardoned and commuted would be one and one-half per cent, per annum. It is quite possible that in some cases 1 have been imposed uihiii, though in most cases of importance! have made it a rule to consult both judge and soli citor, and obtain their approval. And it may also be that in some cases 1 have yielded to the importunity of friends human nature could scarcely avoid this in a government like ours but in tlie vast majority of the cases acted on, I exercised this grand and majestic attri bute of the collective sovereignty of the people, with a sincere desire to promote the public good, and in the fear of that God who is to pardon our transgres sions, we trust. The subject of tin proper exercise of this prerogative is so grave, the responsibility especially in capital cases is so great, that the criti cism of those unacquainted with the facts is often dangerous as well as un just, as tending to force executive ac tion one way or the other contrary to judgment or conscience. I have tried to avoid this ; but it is hard to hold the balance even amid such complicating clamor.- If error there has been and undoubtedly there was some I am glad to believe that it was on mercy's side. The reports of the Secretary of State, Auditor, and Superintendent of Public Instruction are herewith sent and com mended to your attention. They evince economy and faithful work on the part of those officers. The Auditor requests to me to say that he reserves his special suggestions for the various committees of your honorable IkkIv, before which he will appear iiom lime to time. The superintendent's report shows an encouraging increase in the receipts and expenditures of the school fund and in the attendance of pupils. I also send in a communication and report from the Grand Lodge of Masons in this State' relative to the Oxford Asv lum for Orphans, and" commend it to your attention, in connection with sec tion 8, art xi, of the constitution. And now, gentlemen, having briefly reviewed the condition of affairs and made such suggestions as I deem cal culated to aid you in the performance of your important duties, I commend you to the Spirit of all Wisdom, praying that your labors may be such as will redound to the welfare of the great peo ple whose servants we are. Very respectfully, Your fellow-citizen, Z. B. Vance. THE GlHKRNOk'S MESSAGE. We surrender this page to-day to the Governor's message, and wish we could fill it every day in the year with matter so interesting, valuable and readable. Our ability to print the message this morning is due to the much appre ciated thoughtfulness of a friend in Raleigh who sent it to us in advance sheets, enabling us thereby to print it twenty-four hours earlier than we would have been able to have done had we been forced to wait for the coming of the Raleigh papers. A reading of the document will show how intelli gently its leading ideas were covered by our Raleigh special, printed yester day morning; but a reading of the whole is r.ecessary to enable one to put a proper estimate upon its ability, its comprehensiveness and the evidences of statesmanship which mark the docu ment in so peculiar a manner. The message is written in a singularly vig orous and attractive style, and is in all respects creditable to its distinguished author. To the great majority of the suggestions which its contains this jour nal has all along been fully committed, Jbut these we cannot undertake to dis cuss in the present, issue of the paper For the present we merely allude to the document in these general terms. To-morrow we shall review it more at length. Meantime we commend its care-. f ul perusal to every person to whose hands this paper shall come. . The Raleigh News fairly blasts tie Democratic caucus of the lower house of the General Assembly for having admitted Jo. Turner to its first day's de liberations, and its strictures are quite just. It is gratifying to know that the caucus afterwards "pented" itself and expelled him. No traitors must be ad mitted into the camp particularly none whose treachery takes the particu lar turn in . which Turner's manifests itself. 13 J'.i 1
The Charlotte Observer (Charlotte, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Jan. 11, 1879, edition 1
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