The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1856-07-08


porations.
y Your session will be limited under the
J, constitution TO u short period, and shall
therefore call your attention to only few
subjects that seem to me OF Importance,
and which will not be calculated to excite
debate and thereby protract your session.
am unable to lay before you stateme nt
of the financial condition Of the State. The
fiscal year has MOI expired, and the accounts
of the Auditor and Treasurer have not been
balanced and rendered.
The bonds Of the State issued in 1876, for
81, 900, mature on the LIST Of January next,
in New York, and some provision should be
made for their payment.
| Tho introduction Of railroads within the
/ State has rendered necessary IN act more
clearly defining the rights, duties and liabili-
ties oil railway companies. The law should
provide that where death is caused through
negligence or misconduct of the agents or
servants Of such companies, the same reme-
dies shall be open in suit at law, as for
| like injuries to the person, resulting in dsa-
blity and not in death. Among other things
the speed of trains passing through cities
and villages and across highways should be
regulated by law and the disasters that
have occurred i'll neighboring State, have
admonished US Of the necessity for q law
prohibiting n company from carrying pas
| sengers over a new road until it has first
been examined and pronounced safe by
competent and disinterestcd board Of engi-
| neers. 1t is evldensly rs much the duty Of u
State to protect the lives and safety Of the
| citizens from accidents resulting from care
lessness, misconduct or cupiditv, rs from
| open or premeditated violence.
In the month of August, 1855, the work.
shops attached to the State Penitentiary were
consumed by fire. The inspectors immedi-
ately made arrangements for their speedy
| reconstruction, for which they were compel
led to contract al indebtedness against the
instit ition Of about $4,000. Provision
should be made for discharging that indebt
edness as. we'll as for the completion Of an
additional number Of cells. The Peniten-
tiary is now crowded with convicts to its ut
most capacity.
The Constitution confers upon the Cover
nor Of the State. s'the power to grant re-
prieycs and pardon, and commute punish
ment after conviction for offences against
the laws. In large proportion of cases the
friends of persons convicted endeavor to
procure the exercise Of this power, and as
few il any Of the Judges preserve minutes Of
the testimony take on the trial Of criminal
T.,
based upon erpd,te statements, made with
out the sanction Uf an oath, and obtained
without notice to the prosecuting attorney,
or other persons representing the Govern.
ment. 1t is frequently alleged that there
was error in the trial that the Judge mis-
took the law; that there was a mistake Of
fact by the jury that there is newly dis
covered evidence showing the sentence TO be
unjust or that the case although within the
letter OF the law was not within the spirit of
itH
The interests OF society require that this
great power should be exercised with hu-
mainly but at the same time with the great
est discrimination and caution. Justice to
the OFF Ger who is compelled to investigate
each Ise presented to him, as we'll as the
parties more Immediately interested, requires
that every fact proved upon the trial should
be accessible to him, to the condemned and to |
the prosecutors.
therefore recommend that tho Judges OF /
the several district courts be required to re-
duce the evidence given in all criminal cases I
to writing, to be preserved as u permanent |
record in the county where the trial was |
held and that before any application shall |
be made to the Governor for u pardon, no.
tice of the time and place, when and where |
the application will be presented, shall be |
served apon the prosecuting attorney of the
county whore the offence was committed. |
IL is to be regretted that the Joint resou- |
tons passed by the House of Representatives /
at each OF Its two last sessions, authorizing I
revision by board OF commissioners, Of |
the laws in relation to schools and school |
lands, failed to receive the approval Of the I
Senate. No one who gives the subject mo- |
tnpnsss nns1arafipn cap anuhf tia v,aca.a;t,
for thorough revision Of the whole subject. |
With large and constantly increasing school |.
fund, our school system is without unity and
efficiency, and is, in my conviction, discredit- !
able to the State. 1t reaches SO many inter-
esis, il runs into 80 many details, and is so
important in its influences, that it seems TO
me impossible for the General Assembly to
perfect the necessary amendments and re-
du:e them to harmonious system in the
limited period Of fifty days, and | therefore
recommend that three Competent persons be |
selected to revise all the laws on the subject
and submit their revision to the next Gener-
al Assembly. Should you, however, not deem |
this advisable, then submit that it is expe-
dent mt once to divest the Super intendent Of |
Public instruction Of all control over and |
responsibility for the school money and |
school lands. When his Office WAS created it |
was never conten plated that the Superin-
tendent should be burdened with the custody |
of public monies, with the sale Of public |
lands, and with the revision of the acts OF |
eighty School Fund Commissioners. It was
designed that he should have charge Of the
Instruction Of the State and not Of the |
money Of the State. 1t was intended that |
he should keep alive the interest in the subject
OF edu;ation,- he should hold teachers
institutes in the several counties, that he
should determine the text books to be
used ia the public schools, and that he
should settle all appeals growing out OF the
numerous school districts. The legitimate
duties Of a superintendent of Public In
structon are sufficiently onerous to engage
the attention Of one man