Proceedings & Collections - NSHS - Vol. IV

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said, "If further aid is required, I will sanction such appropriation as may be necessary," and accordingly was called upon to sign a law for an issue of $100,000 in state bonds. Such were his views of the value of an adequate exhibition of Nebraska's products at the Columbian Exposition, it would have given greater pleasure to be permitted to sign a bill for $100,000, rather than as passed for $50,000. Bills also passed his inspection and received his signature amending the law governing the Soldiers' and Sailors' Home; admitting members of the Women's Relief Corps to the visiting and examining board; a bill for a Girls' Industrial School for juvenile delinquents; for a State Board of Health; for prohibiting the sale of firearms and ammunition or intoxicating liquors to Indians not citizens; for establishment of two experimental stations in the interests of agriculture; for, the, loaning and safe keeping of state funds; and for the government of cities, with numerous other acts in the interest of economy and progress.
   The last recommendation of his message, though not incorporated in law, is receiving public attention from politicians and statesmen, and in the progress of intelligent reform will yet be adopted, when presidential electors will be chosen in congressional districts, and a "quartette of so-called pivotal states no longer monopolize the honor of electing the chief magistrate of the entire country."
   A majority of the legislative members being farmers from the two old parties, banded together to resist all forms of monopoly and railroad extortion, having much to learn of parliamentary strategy, they were often embarrassed but never discouraged.
   In addition to the local acts for Nebraska, the discussions embraced many subjects of interest of national character, and accordingly we find the House passing instructions to the delegations in Congress, on the subject of the Paddock pure food bill, and also in favor of the election of United States senators by the people, while the United States Senate was complimented for refusing to pass the Force Bill, "the boldest stroke of centralization and imperialism since the establishment of the Re-

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public," and affirming their opposition thereto, because Nebraska believed in "local sovereignty and federal unity and the secrecy of the ballot." Democrats voting with independents in affirmation of these principles caused a member to exclaim, "The lion and the lamb have at last lain down together. Let us have peace." The "free coinage of silver" was recommended, and the $6,200,000 appropriation for a deep water harbor at Galveston, Texas, was approved, a committee appointed to attend the convention of states, and an elaborate report received of its great value to the Northwest. As a matter of reciprocity and advertisement, the City of Galveston presented the Nebraska legislature fifteen barrels of oysters, which eventuated in a state oyster supper and a gastronomic bond of union. Other episodes relieved the monotony of the daily duty, as the presentation of a gavel to the speaker, S. M. Elder, of the House, made from the "lone tree" that served the early emigrants as the beacon light served ocean mariners. In reply to a speech of presentation, by Judge Morris, Mr. Elder said, in conclusion:

Remember that the tree from which this gavel comes could be seen from Buffalo Peak to Little Blue River. One evening at six o'clock, together with some comrades, I was traveling through this section, The ground was covered with snow, and the storm increased. For hours we traveled through the storm. Wearied and worn, I remember I desired to lie down and sleep; my companions refused, and we traveled on and on until at 12 o'clock at night we ran against a tree; we knew it was "lone tree," and that we were saved. It afforded us shelter that night as it had many others. I thank my people for this gavel. Moving along under this gavel, let us enact such laws as will be of great and lasting benefit to the great Commonwealth of Nebraska.

On the last day of the session, Mr. Watson, of Otoe county, arose and addressed the speaker, complimenting him on his administration of the rules of order:

Mr. Speaker, I desire to say further that sometime in your history, before the meeting of this legislature, Providence has appeared to be unkind to you and deprived you of a useful appendage of your body, your strong arm,

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making you physically incapacitated as knight and warrior. When it was proclaimed on Mount Sinai that man was fearfully and wonderfully made, your friends, wishing that you should be physically intact as you are mentally capable, herewith present you an arm, and while it is not as nature formed you, it is an expression of our good will and honest intentions of the donors who address you as brave and fair minded, in all the elements of man, an able, impartial, presiding officer, a true and trusted friend, an elegant and a splendid gentleman. And in conclusion let me say, that it is the desire of your friends and well wishers that your future life may be happiness, and the conclusion thereof peace and comfort.

Mr. McKesson arose and said:

Mr. Speaker, and Gentlemen of the House--As a further token of respect and appreciation on the part of the members of this House, for the fair and impartial manner in which you have presided over its turbulent deliberations, I have been requested to present, not to you, but through you to your esteemed wife, this beautiful crayon portrait of yourself. Novelists depict fancy painted pictures, poets sing of "Arms and of Heroes"; but it remains for the artist to put upon canvass, lifelike and real, living characteristics of man. It was said of Oliver Cromwell, England's illustrious Commoner, who led the mediocrity of that nation triumphantly against Charles the First to the throne, that when asked by his artist that he be allowed to remove a defect of nature from the face of his picture, exclaimed, "Paint me as I am." So we, Mr. Speaker, have painted you as you are, without compliment to your beauty; and as you go forth from the arduous duties of this chair to commoner walks of life, be assured we carry the reflex of your picture stamped in pleasant memory, with best wishes for your success.

The Speaker in response said:

Mr. Chairman, members of the legislature, and citizens generally: For me to say at this time that I am embarrassed would be superfluous. These presents will long be remembered by me. I have never sought a position higher than I had before. I came here to do my duty as a man, and if I have not done my duty it was because I did not know how and not because I did not want to do it. I go from Lincoln with ill will toward none. I will never forget this

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legislature, and I am sure there are many here who will likewise not forget it. I will always remember you all. Once more, I thank you.

In the matter of state politics, the three parties differed so little on many questions of prime importance that the strange fact is revealed by official documents, that both the retiring and incoming governors, in several important cases, recommended action upon the same identical questions, while the independents responded in approving legislation.

THAYER VS. BOYD.

On the 13th day of January, 1891, leave was granted to John M. Thayer by the Supreme Court of the State of Nebraska, to file an information against James E. Boyd, to establish the relator's right to the office of governor of the State and to oust the respondent therefrom.
These proceedings were commenced five days after Boyd was officially declared governor of Nebraska and sworn into office. The information set forth the following state of facts: the election of John M. Thayer as governor, in November, 1888, and his oath requiring him to hold office "until his successor should be elected and qualified"; the subsequent election of November, 1890, in which 214,000 votes were cast, of which James E. Boyd received 71,331, J. H. Powers 70,187, and L. D. Richards .68,878; and the fact that James E. Boyd was not at the time of the election of 1890 a citizen of the United States, having been born in Ireland in 1834 and brought to the United States in 1844 by his father, who never went further in the matter of naturalization than to file a "declaration of intentions" (1851) prior to the son's becoming fifty-six years of age. The information contained many specifications of corroborating facts sustaining the leading propositions. The information closed with the demand that James E. Boyd be ousted from office and that John M. Thayer be declared entitled thereto, and that he be protected in office by an injunction restraining the said Boyd from interfering with the relator as governor of Nebraska.

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In answer, a motion to dismiss having failed, the respondent, James E. Boyd, admitted numerous allegations, put in issue everything tending to cloud his title to the office, on account of want of citizenship, and gave a full and accurate account of the acts of his father and himself as citizens and office holders, in the states of Ohio and Nebraska. But inasmuch as the facts will appear in the decision of the Supreme Court of the United States, they may be omitted in this connection. A demurrer to respondent's answer having been argued before the Supreme Court of Nebraska on March 12, 1891, an opinion was announced on the following May 5, ousting respondent, James E. Boyd, and reinstating the relator John M. Thayer. One judge of three dissented.
Thereupon, Governor Boyd, giving place to General Thayer, carried his case to the supreme court of the United States on a writ of error, where the Nebraska court was reversed and he was reinstated Feb. 1, 1892. In delivering the opinion of the United States court, Chief Justice Fuller gave first attention to the question of citizenship, and quoted the definition given it, by Chief Justice Waite:

Citizens are the members of the political community to which they belong. They are the people who compose the community, and who in their associated capacity, have established or submitted themselves to the domination of the government for the promotion of their general welfare, and the protection of their individual as well as their collective rights.
The 14th amendment reads, "All persons born or naturalized in the United States and subject to the Jurisdiction thereof, are citizens of the United States and of the state wherein they reside." The supreme court [of Nebraska] decided that James E. Boyd had not been for two years next preceding his election a citizen of the United States, and hence that under the constitution of the State he was not eligible to the office of governor; and that he was not a citizen of the United States because during his entire residence in the Territory from 1856 to 1867 and in the State from 1867 to November 4, 1890, the date upon which he was elected governor, he was a subject of Great Britain and Ireland. Arrival at this conclusion involved the denial of a right or privilege under the constitution and

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laws of the United States, upon which the determination of whether Boyd was a citizen of the United States or not depended, and jurisdiction to review a decision against such a right or privilege necessarily exists in this tribunal. Missouri vs. Andriano, 138 U. S., 496. Each state has the power to prescribe the qualifications of its officers and the manner in which they shall be chosen, and the title to offices shall be tried, whether in the judicial courts or otherwise. But when the trial is in the courts, it is a "case," and if a defense is interposed under the constitution or laws of the United States, and is overruled, then, as in any other case decided by the highest courts of the State, this court had jurisdiction by writ of error.
We do not understand the contention to involve directly a denial of the right of expatriation which the political departments of this government have always united in asserting (Lawrence's Wheaton, 925; Whart. Confl. Laws, see. 5; 8 Op. Att'y Gen., 130; 9 Op. Att'y Gen., 356; act of Congress of July 27, 1868, 15 Stat. 223; R. S., sec. 1999), but that it is insisted that Boyd was an alien upon the ground that the disabilities of alienage had never been removed, because he had never been naturalized.
Naturalization is the act of adopting a foreigner, and clothing him with the privileges of a native citizen, and relator's position is that such adoption has neither been sought nor obtained by respondent under the acts of congress in that behalf. Congress in the exercise of the power to establish an uniform rule of naturalization has enacted general laws under which individuals may be naturalized, but the instances of collective naturalization by treaty or by statute are numerous.

Illustrating the doctrine of collective naturalization, numerous references were made to Indian treaties and treaties with governments, and to organic acts when ready for admission as states.

Thus, although Indians are not members of the political sovereignty, many classes of them have been made citizens in that way.

As an instance of this process we give the following:

By the act of March 3d, 1843, it was provided that on the completion of certain arrangements for the partition of the lands of the Stockbridge tribe of Indians, each and every one of them shall then be deemed to be and from

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that time forth are hereby declared to be citizens of the United States, to all intents and purposes, and shall be entitled to all the rights, privileges and immunities of such citizens. By the 8th article of treaty with Mexico in 1848, those Mexicans who remained in the territory ceded, and who did not declare their intentions to remain Mexican citizens, were to be deemed citizens of the United States.

Treaties with France for Louisiana and that with Spain for Florida were noted, and of the latter it was quoted: "This treaty is the law of the land, and admits the inhabitants of Florida to the enjoyment of the privileges, rights and immunities of the citizens of the United States."

At the second session of the twenty-seventh congress, in the case of David Levy, who had been elected a delegate from the Territory of Florida, where it was alleged that he was not a citizen of the United States, it was held by the house committee on elections, "It matters nothing whether the naturalization be effected by act of congress, by treaty or admission of new states, the provision is alike applicable."
By the annexation of Texas, under a joint resolution of congress, March 1, 1845, all the citizens of the former republic became, without any express declaration, citizens of the United States.

Speaking of the admission of states of Ohio, Indiana and Illinois, the chief justice said:

The inhabitants, or people who were empowered to take part in the creation of these new political organisms and who continued to participate in the discharge of political functions, included others than those who were originally citizens of the United States.

After numerous other citations illustrative of collective naturalization, the following general conclusions were announced:

Congress having the power to deal with the people of the territories in view of the future states to be formed from them, there can be no doubt that in the admission of a state a collective naturalization may be effected in accordance with the intention of congress and the people applying for admission. Admission on an equal footing with the original states, in all respects whatever, involves the

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adoption as citizens of the United States of those whom congress makes members of the political community, and who are recognized as such in the formation of the new state with the consent of congress.

The next question in the chain of investigation was, in the admission of Nebraska, who were made "members of the political community"; and from a thorough examination of the organic act, the enabling act, the state constitution and laws, together with the act of congress for the State's admission, it appeared that in addition to citizens of the United States, all others who had declared intentions to become such were made members of the political community. On this point the opinion of the court is most emphatic.

It follows from these documents that congress regarded as citizens of the Territory all who were already citizens of the United States, and all who had declared their intention to become such. Indeed they are referred to in section 3 of the enabling act as citizens and by the organic law the right of suffrage and of holding office had been allowed to them. Those whose naturalization was incomplete were treated as in the same category as those who were already citizens of the United States. What the State had power to do after its admission is not the question. Before congress let go its hold upon the Territory, it was for congress to say who were members of the political community. So far as the original states were concerned, all those who were citizens of such states became upon the formation of the Union citizens of the United States, and upon the admission of Nebraska into the Union "upon an equal footing with the original states, in all respects whatsoever" the citizens of what had been the Territory became citizens of the United States and of the State.
As remarked by Mr. Chief Justice Waite in Minor v. Happersett: "Whoever, then, was one of the people of either of these states when the constitution of the United States was adopted, became ipso facto a citizen, a member of the nation created by its adoption. He was one of the persons associating together to form the nation, and was, consequently, one of its original citizens. As to this there has never been a doubt. Dispute has arisen as to whether or not certain persons or certain classes of persons were part of the people at the time, but never as to their citizenship if they were."

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   But it is argued that James E. Boyd had never declared his intention to become a citizen of the United States, although his father had, and that because, as alleged, his father had not completed his naturalization before the son attained his majority, the latter cannot be held to come within the purview of the acts of congress relating to the Territory and the admission of the State, so as to be entitled to claim to have been made a citizen thereby.
   The act of March 26, 1790, provided for the naturalization of aliens and then that "the children of such persons so naturalized, dwelling within the United States, being under the age of twenty-one years at the time of such naturalization, shall also be considered citizens of the United States."
   The third section of the apt of January 29, 1795, provided "that children of persons duly naturalized, dwelling within the United States, and being under the age of twenty-one years at the time of such naturalization, and the children of citizens of the United States, born out of the limits and jurisdiction of the United States, shall be considered as citizens of the United States," etc.
   The fourth section of the act of April 14th, 1802, carried into the revised statutes as section 2172, was: "That the children of persons duly naturalized under any of the laws of the United States, or who, previous to the passing of any law on that subject, by government of the United States, may have become citizens of any one of the said states, under the laws thereof, being under the age of twenty-one years at the time of their parents being so naturalized or admitted to the rights of citizenship, shall if dwelling in the United States, be considered as citizens of the United States." In Campbell v. Gordon, 6 Cranch, 176, it was held that this section conferred the rights of citizenship upon the minor child of a parent who had been duly naturalized under the act of 1795, although the child did not become a resident of the United States until she came here after that, but before the act of 1802 was passed. The rule was to be a uniform rule, and we perceive no reason for limiting such a rule to the children of those who had been already naturalized. In our judgment the intention was that the act of 1802 should have a prospective operation.
   By the second section of the act of March 26, 1804, if any alien who had complied with the terms of the act should die without having completed his naturalization, his widow and children should be considered citizens upon taking the oaths prescribed by law; and this was carried forward into section 2168 of the revised statutes.
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   By the first section of the act of May 26, 1824, carried forward into section 2167 of the revised statutes, any alien, being a minor, who shall have resided in the United States three years next preceding his arrival at majority and continued to reside therein, may, upon reaching the age of twenty-one years and after a residence of five years, including the three years of minority, be admitted a citizen of the United States, without having made during minority the declaration of intention required in the case of aliens.
   The statutory provisions leave much to be desired, and the attention of congress has been called to the condition of the laws in reference to election of nationality; and to the desirability of a clear definition of the status of minor children of fathers who had declared their intention to become citizens, but had failed to perfect their naturalization; and of the status gained by those of full age by the declaration of intention.
   Clearly minors acquire an inchoate status by the declaration of intention on the part of their parents. If they attain their majority before the parent completes his naturalization, then they have an election to repudiate the status Which they find impressed upon them, and determine that they will accept allegiance to some foreign potentate or power rather than hold fast to the citizenship which the act of the parent has initiated for them. Ordinarily this election is determined by application on their own behalf, but it does not follow that an actual equivalent may not be accepted in lieu of a technical compliance.
   James E. Boyd was born in Ireland, of Irish parents, in 1834, and brought to this country in 1844 by his father, Joseph Boyd, who settled at Zanesville, Muskingum County, Ohio, and on March 5, 1849, declared his intention to become a citizen of the United States. In 1855 James E. Boyd, who had grown up in the full belief of his father's citizenship and had been assured by him that he had completed his naturalization by taking out his second papers in 1854, voted in Ohio as a citizen. In August, 1856, he removed to the Territory of Nebraska. In 1857 he was elected and served as county clerk of Douglas County; in 1864 he was sworn into the military service and served as a soldier of the federal government to defend the frontier from an attack of Indians; in 1866 he was elected a member of the Nebraska legislature and served one session; in 1871 he was elected a member of the convention to frame a state constitution and served as such; in 1875 he was again elected and served as a member of the convention which framed the present state constitution; in 1880 he was elected and acted as

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president of the city council of Omaha; in 1881 and 1885, respectively, was elected mayor of that city, serving in all four years. From 1856 until the State was admitted, and from thence to this election, he had voted at every election, territorial, state, municipal and national. He had taken prior to the admission of the State the oath required by law in entering upon the duties of the offices he had filled, and sworn to support the constitution of the, United States and the provisions of the organic act under which the Territory of Nebraska was created. For over thirty years prior to his election as governor, he had enjoyed all the rights, privileges and immunities as a citizen of the United States and of the Territory and State, as being in law, as he was in fact, such citizen.
   When he removed to Nebraska, that Territory was to a large extent a wilderness. and he spent years of extreme hardship upon the frontier, one of the pioneers of the new settlement and one of the inhabitants who subsequently formed a government for themselves. The policy which sought the development of the country by inviting to participation in all the rights, privileges and immunities of citizenship those who would engage in the labors and endure the trials of frontier life, which so vastly contributed to the unexampled progress of the Nation, justifies the application of a liberal rather than a technical rule in the solution of the question before us.
   We are of the opinion that James E. Boyd is entitled to claim that if his father did not complete his naturalization before his son had attained majority, the son cannot be held to have lost the inchoate status he had acquired by the declaration of intention, and to have elected to become the subject of a foreign power, but, on the contrary, that the oaths he took and his action as a citizen entitled him to insist upon the benefit of his father's act, and placed him in the same category as his father would have occupied if he had emigrated to the Territory of Nebraska; that in short, he was within the intent and meaning, effect and operation of the acts of congress in relation to citizenship of the Territory, and was made a citizen of the United States and of the State of Nebraska under the organic and enabling acts and act of admission.
   (2) Another and shorter course of reasoning leads to the same conclusion:
   The respondent, in his answer, after stating that his father, on March 5, 1849, when the respondent was about fourteen years of age, made before a court of the State of

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Ohio his declaration of intention to become a citizen of the United States, and averring "that his father for forty-two years last past has enjoyed and exercised all of the rights, immunities and privileges and discharged all the duties of a citizen of the United States and of the State of Ohio, and was in all respects and purposes a citizen of the United States and of the State of Ohio"; and particularly alleging his qualifications to be a citizen, and his acting as such for forty years, voting and holding office in the State, further distinctly alleges "on information and belief, that prior to October, 1854, his father did in fact complete his naturalization in strict accordance with the acts of congress known as the naturalization laws so as to admit and constitute him a full citizen of the United States thereunder, he having exercised the rights of citizenship herein described, and at said time informed respondent that such was the fact."
   As the allegation last quoted sets up a right and privilege claimed under the laws of the United States, this court must determine for itself the question of the sufficiency of this allegation, and is not concluded by the view taken of that question by the supreme court of Nebraska. In the words of Mr. Justice Miller, speaking for this court: "The question whether a plea sets up a sufficient defense, when the defense relied on arises under an act of congress, does present, and that necessarily, a question of federal law; for the question is and must be, Does the plea state facts which under the act of congress constitute a good defense?"
   It is true that naturalization under the acts of congress known as the naturalization laws can be completed before a court, and that the usual proof of naturalization is a copy of the record of the court. But it is equally true where no record of naturalization can be produced, evidence that a person having the requisite qualifications to become a citizen, did in fact and for a long time vote and hold office and exercise rights belonging to citizens, is sufficient to warrant a jury in inferring that he has been duly naturalized as a citizen. And by the constitution of Ohio of 1851, none but white male citizens of the United States were entitled to vote or hold office.
   Such being the settled law, we can have no doubt that the fact that the respondent's father became a naturalized citizen of the United States before October, 1854, is well pleaded in the allegation in question, and is therefore admitted by the demurrer. The allegation "that prior to October, 1854, his father did in fact complete his naturaliza-

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tion in strict accordance with the act of congress known as the naturalization laws so as to admit and constitute him a full citizen of the United States thereunder," necessarily implies that he had been duly naturalized before a court as required by those laws. Specific allegations of the time and place at which, and of the court before which, he was so naturalized, or setting forth a record of his naturalization, would have been superfluous, and, in view of the respondent's imperfect information, as manifest upon the face of the allegation, of a transaction taking place so long ago, hardly possible.
   Under this allegation, and the earlier allegations leading up to it, if traversed, a jury would have been warranted in inferring that the respondent's father became a citizen of the United States before October, 1854, and consequently that the respondent himself was likewise a citizen.
   For this reason, without regard to any other question argued in the case, the respondent was entitled to judgment upon the demurrer.
   Mr. Justice Harlan, Mr. Justice Gray and Mr. Justice Brown concur in the conclusion of the court upon the latter course of reasoning only.
   All of the justices, except Mr. Justice Field, unite in holding that this court had jurisdiction of the case, and that upon this record, James E. Boyd has been for two years next preceding his election to the office of governor, a citizen of the United States and of the State of Nebraska.
   The judgment of the supreme court of Nebraska is reversed, and the cause remanded to be proceeded in according to law and in conformity with this opinion.

The message of Governor Boyd, closing his official term, dated January 13, 1893, disclosed thorough analysis of the situation, with evidence of practical reform. He enumerated as objects to be remedied, first:

The last legislature greatly increased the appropriations, but made no provision for an increased levy to meet the additional expense.

He estimated the deficiency that would result therefrom, for two years, at $750,000. Second:

That, while the law explicitly states that property should be listed for assessment at its actual value, it is notorious that this is not done. In fact it is safe to say that the pre-

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vailing average of values assessed is about one eighth of the actual value and there is, in consequence, a corresponding high rate of levy required for the raising of the necessary revenue, the same being almost invariably up to the limit established by law.

Third:

That as the constitutional amendment, for the investment of the permanent school fund, was undoubtedly defeated by the heedlessness of voters it should again be submitted for public approval.

Fourth, inasmuch as a saving of $40,000 had been secured in administering the affairs of a few of the state institutions, he argued the necessity of allowing governors to appoint all their superintendents, believing that, "their running expenses could be reduced 30 per cent over amounts heretofore consumed." Speaking of an investigation which he had the honor to institute he said:

The investigation which followed developed such a state of affairs as warranted an investigation by the grand jury, with the result that a number of criminal indictments were found, with which the courts have yet to deal.

Commenting on the report of the commissioner of public lands and buildings relative to the school fund he said:

The report further shows that there is now invested in United States bonds, state securities and registered county bonds belonging to the permanent school fund the sum of $2,525,872.35, and cash in the state treasury amounting to $490,398.39, making a total of $3,016,270.74, an increase in the permanent school fund during the past two years of $270,963.53. The common school lands now under lease produce an annual rental of $90,716.08. This with the annual interest and unpaid principal on said contracts, amounts to $239,170.11, which with the added interest amounting to $5,542.31 makes a fund of $335,428.50 to be annually apportioned to the school districts of the State in addition to the revenue derived from the investment of the permanent school fund in the state treasury.
This is a magnificent showing for the educational advantages of our State and reflects great credit upon those founders of our State who in the early days conserved its school interests.

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Of the State University he uttered the following:

The report of the Board of Regents of the State University makes a particularly gratifying showing. The growth of the University during the last biennial period has been phenomenal. The attendance has more than doubled, the present enrollment being 957. This registration represents twenty states besides Nebraska and sixty-four Nebraska counties. The close connection of the University with the public school system is shown by the fact that 387 pupils come from high schools and 315 from public schools. The advanced standing of the University and its strong hold upon all who are seeking the best facilities for higher education is manifested by the fact that 125 of the students came from other colleges and universities, largely within this State. That it is ministering in a helpful way to the great mass of the people of the State, and not to any preferred class is shown by the fact that 243 of its students are children of farmers while the remainder are scattered with a large degree of equality among every occupation known in the State.

He gave the following facts:

I have the honor to report the granting by me of thirteen pardons, twelve commutations and five remittances of fines.
The different sums of money received by me and paid into the State Treasury, as evidenced by receipts on file, amount to $14,166.80.

Speaking of the Adjutant General's office he said:

A demand was made for the return of this money ($1,440.86) which demand was complied with.

On the Subject of the Nebraska Relief Commission:

Relief was afforded in about ten counties which bad suffered from the drouth of the season of 1890. Provisions were supplied to an average of 8,000 families averaging five in a family, from four to six weeks. Great good was done, and many discouraged settlers were thus enabled to hold their homes, and have since been rewarded with good crops.

Though the last legislature had appropriated $25,000 for the National Guard, Gov. Boyd asked but $10,000 for an equal length of time, two years; and recommended that artillery and cavalry be mustered out, and "that the strength of the companies be increased to conform with the new tactics, and that each company have a maximum of 100 enlisted men."

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On the subject of extortions, he stated:

I think there is a demand for the regulation of rates charged by the express companies within this State, to the end that charges unreasonably high may be reduced to a reasonable cost. There is no justification of the high rates at present exacted by the express companies of this State.

He bad the following on insane convicts:

I would further call your attention to the advisability of a law which would authorize the executive to parole convicts who become insane in the prison for transfer to an asylum. Under existing conditions, to transfer an insane convict to an asylum, the governor must issue a pardon and an insanity board must then pass upon the unfortunate person. Should the prisoner, however, become cured of his insanity, he cannot be returned to the state prison, a defect in the law which should be remedied.

Two important recommendations related to libraries and to the State Historical Society.

I believe that the law relating to the establishment of public libraries should be amended so as to extend like privileges to each school district in the State, as I think the establishment of free libraries in conjunction with the public schools would be a wise and judicious thing.
The State Historical Society calls upon the legislature for an increase of the amount appropriated allotted to it, asking for $7,500 for the ensuing two years. I believe this desirable and therefore recommend it.

Recurring to his veto of a railroad freight bill in the session of 1892, he said:

I am still of the opinion that a reasonable reduction in freight rates should be made, but from year to year conditions vary so much that an inflexible rate on all schedule articles would be liable to work injustice; and, in my judgement should not be established by statute, except, perhaps, upon staple commodities, such as grain, live stock, coal, lumber, and like commodities in car-load lots. The adjustment of rates should, I believe, be left to a commission composed of men capable of dealing intelligently with the question and affording means to thoroughly inform themselves as to the merits of each separate case brought before them for adjustment.

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   In view of the fact, that an appropriation of $50,000 would fail to present the state's capabilities and demands, in an adequate manner, in the World's Fair at Chicago, an equal additional appropriation was recommended.
   The warehouse bill of last session, now a law, received hearty commendation, with such additions suggested as would give it greater efficiency. The new election law known as the Australian System, and the Michigan mode of choosing presidential electors, by congressional districts, came in for approval, on the basis of successful experiment, and needed only certain specific additions to bring them up to the governor's standard of democratic excellence.
   In his official term, having navigated a stormy sea, his excellency hailed a quiet port with an honest concession:

There are many agreeable things connected with the Governor's office, but at the same time, I may say, it is with a feeling of pleasure and rejoicing that I relinquish unto my successor the duties, cares and responsibilities pertaining thereto.