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1875-1879.
When Governor Garber became a citizen of
Nebraska he possessed all the training and experience necessary to
adapt him to his surroundings. At that time he was thirty-seven
years of age, having been born in Logan county, Ohio, in 1833. His
education was principally acquired before reaching his seventeenth
year; subsequent to which time he removed to Clayton county, Iowa.
Entering the army in the war of 1861-64 as a private in the Third
Missouri Regiment, he afterwards recruited Company D,
Twenty-seventh Iowa Infantry, of which he became first lieutenant
and afterward captain. His next experience was four years in
California among the stirring scenes of that slaughter-house of
hopes, and of thrilling adventures. Without fear of Indian
depredations, he took up, and maintained, an abode in Red Willow,
Webster County, when he had only been preceded by two families. In
the community that grew up around him, he became probate judge and
representative in the legislature. From a year's administration of
the register's duties in the United States land office in 1874, he
was promoted to the governorship, and was reelected in 1876.
On assuming the duties of governor, January 12,
1875, Mr. Garber presented a. clear, concise and sufficiently
comprehensive inaugural. In this document he called the special
attention of the legislature to the subject of economy.
Deprecating hasty legislation, he said:
The tendency of the age is toward over-legislation, over-taxation and extravagance. The lessons of history teach us that the greatest reforms consist, not in doing something
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He would administer the affairs of the State as a prudent man his individual affairs, and congratulated the people upon the fact of no bonded debt and but a slight floating indebtedness. He advocated a new constitution, that should be equal to the increasing demands of a new people and adapted to the experience of an elastic and progressive community.
In conclusion, gentlemen of the joint convention, it will be my greatest pleasure to co-operate with you in any and all things pertaining to the welfare of the State. It is just that we cannot escape the record which we ourselves will make. It is a favorable omen that the public mind is more active, and the public conscience more sensitive than ever before in the history of the State. We have now within our borders the population and natural resources, sufficient to establish a state in fact as well as in name. This result will be best achieved by guarding the public credit as a sacred trust.The legislature of 1875, to which he delivered his inaugural, had just received the retiring message of Governor Furnas, and hence Mr. Garber's first annual message bears date January 5, 1877, since the legislature only convened every other year.
Gentlemen of the Senate and House of Representatives: I cordially welcome you to the capitol of the State. Since the meeting of the legislature, at its last regular session, there has been framed and adopted by the people, a new constitution, which went into effect on the first day of November, 1875. This being the first regular session since it became the supreme law, it is safe to say that it will be the most important one since our admission into the Union. Laws are to be made and repealed; interests fostered and maintained, and in your deliberations you may justly reflect that you are legislating for a people characterized by intelligence, energy, and a spirit of justice.
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Taking up the subject of state finances he showed:
As appears from the report of the state treasurer, herewith transmitted, the balance in the treasury, November 30th, 1874, was $234,543; and there has been received up to November 30th, 1876, $1,459,306, making a total of $1,693,849, for two years.He also gave as delinquent taxes the amount of $765,815 of which not more than one-third was likely to be collected.
The report of the superintendent of public instruction shows that our common schools are keeping pace with the growth of the State in wealth and population. I doubt if any state in the Union can exhibit more gratifying results in this respect. There are sixty organized counties in the State, divided into two thousand five hundred and ten school districts. The total number of children of school age, is eighty-six thousand one hundred and ninety-one, being an increase of thirteen thousand two hundred over 1874. Of this number fifty-nine thousand nine hundred and sixty-six attend the public schools. There are 3,361 teachers employed receiving an average salary of $34.24 per month. We have 1984 school houses, valued at $1,585,736. The total receipts of the last fiscal year from all sources for common school purposes were $1,093,275. The total expenditures for the same period were $1,098,974.He highly commended the "wise administration" of the university, and anticipated the time when it would "become the pride of the whole State."
It appears from the regents' report, the cost of educating a single student in the state university of Nebraska, as compared with that in state universities and colleges of this character in other states, is almost unparalleled in economy." The attendance has increased from one hundred and thirty-two in 1874, to two hundred and eighty-two in 1876; so that the legitimate expense of the institution must have increased.Of the institution for the blind the governor reported that there had been received by the trustees during the past two years $19,457, and all expended but two hundred and twenty dollars. A building of sufficient capacity to accommodate fifty pupils, had cost $9,795. He reported a new building for the Deaf and
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Dumb Institute under way, at a cost of $14,495, and during the past two years the number in attendance was fifty-three.
This important branch of our educational system [Normal School] seems to be in excellent condition. The benefits of the school are already felt in the State and the results that may be safely anticipated in the future fully justify its maintenance. The total enrollment of students for the year 1876 was two hundred sixty-eight, and the average attendance per term was one hundred and forty-two. For the last term of the year the enrollment was one hundred and ninety-six. The average cost of the school per term as shown by the report of the principal, is $3,686.In the matter of the penitentiary convicts the governor sought for practical reforms and benevolent results, and reported a change of warden, in the interest of less severity and better personal influence. His sensible and humane ideas can be best expressed in his own words.
The younger class of criminals have been separated from the more vicious and hardened and night schools during the winter have been established with excellent results. These reforms, in connection with the good time act giving prisoners an opportunity to shorten their terms of sentence by good conduct, have been productive of much good. There is sufficient room in the west wing of the building for a reform school, which could be conducted by the same officers, and put in operation at small expense. This would completely separate the younger criminals front the older, and furnish better opportunities for educating and reforming them. The penitentiary being completed some branch of industry should be established at the prison for the purpose of utilizing convict labor. It is absolutely essential to the good government of the prison that the inmates be kept at hard labor for a certain number of hours each day
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Early in his administration it became
necessary to organize military companies on the western frontier
of the State, and procure from the general government arms and
ammunition. In accomplishing this he gave bond in the sum of
$18,000, for the return of the guns when demanded. Another similar
emergency arose in the case of the Centennial Exhibition of 1876,
the legislature having failed to make an appropriation. The
governor assumed the responsibility of borrowing of banks a
sufficient amount to enable the State to obtain a creditable
showing and receive a premium on soil and apples.
The message gave the population of the State in
the spring of 1876 as being 257,749. Having submitted facts and
opinions on the question of usury, of banks and bankers, a proper
disposition of the vast land endowment of the State, and amendment
of laws, and submitted an elaborate statement of the necessity of
a geological survey, with official reports of state officers, he
concluded with hearty promise of legislative co-operation.
His last official communication was made to the
legislature of 1879, after four years of administration. From a
glowing recapitulation of past progress, he found additional
sources of congratulation in the condition of the finances, which
showed that the total receipt for the two years ending November,
1878, was $1,908,337 and that the assessed value of taxable
property, 1878, was $74,389,535, being an increase of $3,077,957,
over the previous year, and that the condition of the common
schools, of the normal school and state university had exceeded
the most sanguine expectations, and the conditions of the
charitable institutions, "devoted to the care and education of our
children of sorrow," were flourishing.
These sources of commendation were supplemented
by valuable recommendations. First, that provision should be made
for leasing the salt springs and "utilizing the lands donated for
their development;" and that an agricultural bureau of reports and
statistics should be established for distribution, such as to
induce immigration; that fish culture should receive encouraging
legislation; that the Indian control should be given over to the
war department-, and the laws receive a. careful revision.
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His plea for a reform school for juvenile offenders was hearty and intelligent, containing references to the experiences of other states, and saying:
In recommending the establishment of an institution of this kind in the State, I do so believing that charity for our wayward youth invokes it and the full performance of a righteous duty to humanity demands it.
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1879-1883.
In the career of Albinus Nance we have a
splendid illustration of the energy and pluck of Young America. He
was born in March, 1848, at Lafayette, Stark County, Illinois. At
the age of sixteen years we find him a soldier in the civil war.
He passed through the war with only slight wounds, and was
mustered out with his regiment. Next we find him in civil life, a
student at Knox College, at Galesburg, Illinois, where the
foundation for his professional life was established and where he
was admitted to the bar in 1870, in the twenty-second year of his
age.
If his better genius should not fail him, all
his past successes indicated early achievements in the future.
Soon thereafter he graduated as a preemptor and farmer, and became
a representative in the Nebraska legislature; was chairman of the
state delegation in the Republican National Convention at
Cincinnati in 1876; and in the same year again elected to the
legislature and made speaker of the house of representatives,
while still under thirty years of age. With the dawn of 1883, in
the thirty-fifth year of his age, he had added to his other
triumphs and services, four years in the gubernatorial chair of
his adopted state, and was retiring to private life respected for
manly virtues and official integrity.
The inaugural address of Governor Nance gave the
population of the State in 1881 as over 400,000, with not more
than one-tenth of its area under cultivation, and only about
one-third of the State populated.
The Great American Desert had receded as
settlement advanced, and he predicted that soon, as an
agricultural State, Nebraska would have no superior, with a large
amount of land devoted to grazing in the western part. The time
was most auspicious, as good crops had been secured for several
years and financially the people were exceptionally prosperous. He
urged
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the claims of agriculture and horticulture, of equitable laws
as to interest and capital, and placed the moral and intellectual
culture and protection of the people on an even higher plane than
exemption from Indian and monopolistic domination. He made it a
source of congratulation that a high standard of instruction had
been attained in the schools, with an endowment of near
$20,000,000. Four years thereafter, at the expiration of his
second term of two years each, his statement of progress was very
cheering.
On the third of January, 1883, Governor Nance
delivered his last message to the legislature, with the following
introduction:
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Having given the treasury balance as $343,018 at the end of his first term, it was now, in 1883, $472,114. Inasmuch as $92,984 were due the State as interest and rentals, on sales and leases of school lands, he recommended that school land contracts be cancelled (sic) in cases of default, believing that persons had been holding these lands for speculative purposes. On schools he said:
The school attendance in 1882 was 115,546, an increase of 14,770 over the number in attendance the previous year. The total value of school property is estimated at $2,054,049. The fund derived from this endowment has increased from year to year, in about the same proportion as the increase of population, consequently the increase per capita has not materially changed.The friends of the University were congratulated that distracting questions were beng (sic) settled in indication of enlarged usefulness and prosperity. His previous message gave the normal school 275 students while the one of 1883 reported 318. The state library numbered 21,487 volumes. The attendance upon the institute for the deaf and dumb, during his administration had increased from seventy-five to one hundred and twenty, at an expense per capita of $3.29 for maintenance per week. The patronage of the institute for the blind remained about stationary, and at a cost of $5.33 per person per week. There had been no special increase in the number of penitentiary convicts and the number of deaths annually, there being but one during his incumbency. Under the fostering care of Governor Nance's administration the Reformatory came into existence and had received thirty-seven inmates. On retiring he said in its behalf:
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The Home for the Friendless also dates back to 1881:
The legislature of 1881 provided for the erection of a home for the friendless, and made an appropriation for that purpose, subject to the conditions specified in the act, in compliance with which the institution has been located at Lincoln.Conceding the great advantages to the State, by virtue of the stimulus imparted to settlement and traffic by railroad construction, the governor gave prompt consideration to the comparatively new question of legislative control:
In the state of Illinois every phase of the question has been under consideration during the past twelve years, and by means of a board of Railroad Commissioners, equitable rates of transportation have been established and many of the abuses complained of corrected. I also invite your attention to the laws of Iowa providing for the organization of a board of railway commissioners and to their subsequent reports and proceedings. The general results in that state have justified the acts of the legislature creating that board. The reports of the commissioners, both of Illinois and Iowa, contain a mass of valuable information, bearing upon every feature of the question, and may be studied with profit by all who are interested in securing impartial legislation upon this subject in our own State.After giving information relative to many items of business and enforcing many duties upon the legislators, Governor Nance came to his final conclusion:
As my official term is about to close, I recall with pleasure the kindly relations which I have sustained toward those who occupy official positions throughout the State. To the state officers and heads of state institutions with whom I have been associated during the past four years, I
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During the summer and fall of 1882 an active canvass of the State was made in behalf of the "rights of suffrage," an amendment to the constitution being submitted to extend the right irrespective of sex. The discussion which followed the passage of the amendment was participated in by most of the distinguished orators of the United States, such as Susan B. Anthony, Elizabeth Cady Stanton, Mrs. Sewell, Mrs. Hinman, and numerous others. As early as 1856, by invitation of members, that pioneer worker, Mrs. Amelia Bloomer of Iowa, presented the cause before the legislature of Nebraska. The rejection of the amendment by the vote of 1882 argues nothing against the willingness of the people to keep step with the onward march of progress. All preliminary acts have been passed and heartily approved by them, and although they declined a place at the head of the column, they will finally occupy it. Already they have made woman the equal Of man in the marriage contract and the divorce court, in trade and transferring and holding property, in the collection of wages, and the right to bring suit at law, whether married or single, and in the professions and trades, and clerical positions, limited only by ability, inclination, and taste. On the assumption that they who are specially interested in a subject shall be allowed to discuss and control it, they have provided for women's votes in school meetings. Presently old-fogyism, prejudice, and ignorance, will cease to control, and the honestly conservative will decide that the rights of women to influence through the ballot should be conceded in county and state. The vote in behalf of the amendment was 25,756 and against it, 50,693. The manufacturers of spirituous liquors, the
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retailers, and many of the drinkers, were a united phalanx
against it, on the ground that the ballot of women would be
directed against the traffic and in behalf of sobriety, pure
morals, and better government.
As the high license or Slocumb liquor law was
approved and signed by Governor Nance, it seems appropriate that
the events preceding it should be recorded among the results of
his administration, During the early administration of the
Territory, Nebraska could claim a devoted band of temperance
workers. But while a large element of the population consisted of
single men and families holding only temporary residences, with
recent immigrants from lands unacquainted with restrictive or
prohibitory legislation, even a reform in a license system was
difficult of accomplishment. So early as 1861, an act was passed
to amend one of. 1858 requiring "an applicant for license to pay
for the use of the school fund not less than $15.00 nor more than
$200.00 at the discretion of the county commissioners." As the
population became more settled and homogeneous, permanent
associations were established. Delegates from thirteen local
lodges organized the "Good Templars" in 1867, and in 1881 the
local bodies numbered 113 with a membership of 5,000. The
organization of the Temple of Honor and the Red Ribbon Clubs date
back to 1877. This revival of interest, much accelerated by the
splendid services of John B. Much, antedated the failure to pass a
prohibition bill in 1879. In 1881 the legislature, declining to
pass a proposition for an amendment of the state constitution in
favor of prohibition, did finally enact what was known as the
"Slocumb Law," in honor of its originator, Hon. C. B. Slocumb of
Jefferson county, which was approved by Governor Nance February,
1881. In order to secure some semblance of prohibition, the law
made it a penal offense to sell or give away intoxicating liquors
in any precinct or township where thirty freehold petitioners
could not be found; and in any case made it discretionary with
county boards to decide the expediency of granting license. A
prohibition county could thus elect a board to carry out their
will. It prohibited utterly the sale to "minors, appren-
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tices or servants under twenty-one years of age; and to
Indians, insane persons and idiots and habitual drunkards." The
same principle was applied to the protection of about fifty-five
days in the year, on Sundays and election days. The advocates of
reform had contended, that the support of paupers, criminals,
insane, and poor and the robbery of wives and children and
community were largely due to the traffic in liquors and should
not be borne by the unoffending and helpless, through public taxes
and social charities. This proposition was conceded by provisions,
that the retailer should pay all damages resulting to the
community or individuals, and support all paupers, widows and
orphans made so by the traffic; and pay for all civil and criminal
prosecutions growing out of it.
The amount of license was to be not less than
$500 nor more than $1,000, and a bond in a penalty of $5,000 was
to be given, with which to defray legal damages and costs. It was
made a crime to treat or give away liquors to be drunk in any
saloon or place where they were sold, or to obstruct the view of
doors or windows with screens, paint, blinds, or other articles.
This law, under which the traffic was to live, if it existed at
all, was the most fearful commentary on its infamy ever published,
and was only accepted by the craft as more desirable for them than
legislative prohibition. But the almost utter impossibility of
putting its provisions in practice, and the interested protection
extended the saloon by unscrupulous, politicians, and the
paralysis of morals from replenished school treasuries, caused the
friends of temperance to desire another effort at legislative
prohibition. In 1885, an act passed the legislature, providing
that after the first of January, 1886, "No certificate shall be
granted to any person to teach in the public schools of the state
of Nebraska, who has not passed a satisfactory examination in
physiology and hygiene, with special reference to the effects of
alcohol upon the human system." This was considered a valuable
acquisition to reform literature. All necessary preliminaries
having been arranged, a prohibitory amendment proposition was
voted upon in November, 1890, but failed to receive a majority
endorsement.
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