Weekly hawk-eye and telegraph. [volume] (Burlington, Iowa) 1855-1857, 1856-07-09

entire suspension of business IN all of the United
| States Land Offices in the State except those a
DEBORAH and Fort Dodge. The interests of thu
State require that the lands not embraced with
| in the grant should be opened to purchase ant
settlement at as early a day as practicable. I'm
| der the construction Of the commissioner OF thu
General Land Office, the title of the State doe
not rest in the alternate sections, until the sew
| eral lines ofroad have been surveyed and map
Of their location properly certified and returned
| to his Office. He has therefore urged upon mt
the necessity that the State take immediate
measures to secure the lands granted, by al
early compliance with the provisions of the &C
of Congress, and with the instructions of hi
department.
Hence, have convened you, gentlemen, il
special session that you may determine.
lst Whether or not the State will accept the
grant made under the act of the 18th of May
last and if so,
I'd. Whether the lands granted shall be trans
ferred to any specific railroad companies and il
SO to what companies they shall be transferred
and
Sd. Upon what terms shall the transfer be
made.
My experience on matters of this kind has
been so limited, that l am not prepared to sub
NIT to you any plan for the proper disposal OF
these lands. Your wisdom will doubtless ma
ture SYSTEM which while it promotes the pres
ent material interests of the State by developing
itsresources and advancing its settlement by
the construction of lines of INSTRUMENTATION,
will protect the people against the sometimes
oppressive and monopolizing tendencies of pow
erful corporations.
Your session will be limited under the consti.
tuition to shortlperiod, and shall therefore call
your attention to only few subjects that seem
to me of Importance and which will not be cal.
culated to excite debate and thereby protract
your session.
am unable to lay before you q statement of
the financial condition of the state. The fiscal
year has not expired, and the accounts of the
Auditor and Treasurer have not been balanced
and rendered.
The bonds of the state issued in 1876, for
$55, 900, mature on the LIST January next, in New
York, and some provision should be made for
their payment.
The introduction of Railroads within the State
has rendered necessary an act more clearly de-
fnng the rights, duties and liabilities ofRailway
Companies. The law should declare that where
death is caused through negligence or miscon-
duct of the agents or servants of such companies,
the same remedies shall be open in suit at law,
as for like injuries to the person, resulting in dis
ability and not in death. Among other things,
the speed of trains passing through cities and
villages and across highways should ebe regulat-
ed by law; and the disasters that have occurred
in neghboring state, have admonished us of
the necessity for law prohibiting q company
from carrying passengers over new road until
it has first been examined and pronounced safe
by q competent and disinterested board of engi-
neers. 1t is evidently as much the duty Of the
state to protect the lives and safety of the cti-
zens from accidents resulting from carelessness,
misconduct or cupidity, as from open and pre-
meditated violence
In the month of August 1855, the workshops
attached to the state PeniteRtiary were consum-
ed by fire. The inspectors Immediately made
arrangements for their speedy reconstruction,
for which they were compelled to contract an
Indebtedness against the institution of about
81, 10000. Provision should be made for dis
charging that indebtedness as well as for the
completion of an additional number ofcells. The
Penitentary is now crowded with convicts to its
utmost capacity.
The Constitution confers upon the Governor
of the State, ''the power to grant reprieves and
pardon, and commute punishments after convic-
ton" for offences against the laws. In large
proportion of cases the friends of persons con-
victed endeavor to procure the exercise of this
power, and as few if any of the judges preserve
minutes Of the testimony taken on the trial Of
criminal cases, these efforts are, for the most
part, based upon erparte statements, made with.
out the sanction of an oath, and obtained with.
out notice to the prosecuting attorney, or other
persons representing the Government. It Is
frequently alleged that there was error in the
trial; that the judge mistook the law; that there
was mistake of fact by the jury; that there is
newly discovered evidence showing the sentence
l. %1cx %1op ao1th nrh rrSfh
the letter of the law was not within the spirit Of
it.
The interest of society require that this great
power should be exercised with humanity butts
the same time with the greatest discrimination
and caution. Justice to the officer who is com
PEELED to investigate each case presented to him
as we'll as the parties more Immediately interest
ed, requires that every fact proved upon the tria
should be accessible to him, to the condemned
and to the prosecutors.
therefore recommend that the Judges Of the
several district courts be required to reduce the
evidence given in all criminal cases to writing
to be preserved as permanent record in the
County where the trial was held and that be
fore any application shall be made to the Gov
ernor for pardon, notice OF the time ant
place, when and where the application will bt
presented, shall be served upon the prosecuting
| attorney of the county where the offence wa
| committed.
It is to be regretted that the joint resolution,
passed by the House of Representatives at eacl
of its two last sessions authorizing revision b.
| board OF commissioners, of the laws in relation
to schools and school lands failed to receive tn,
approval of the Senate. No one who give
| the subject moments consideration can doub
the necessity Of 8 thorough revision of the who'll
subject. With /. large and constantly increas
| ing school fund, our school system is withou
| unity and efficiency, and is, in my conviction
/ discreditable to the State. 1t reaches so man,
interests, it runs into so many details, and it
1 SO important in its influences, that 1t seems t
me impossible for the General Assembly to per
| feet the necessary amendments and reduce then
/ to harmonious system in the limited period Q
fifty days, and therefore recommend that tire
competent persons be selected to revise all tn
lows on the subject and submit their revision t
the next General Assembly. you, how
ever. not deem this advisable. Then submit tina
It is expedient at once to divest the Superir
tendent Of Public Instruction of all control owe
and responsibility for the school money an
school lands. When this Office was created itwa
never contemplated that the Superintendent
should be burdened with the custody of publ
monies, with the sale of public lands. and wit
the revision of the acts Of eighty School Fun
Commissioners. It was designed that he shout
have charge of the Instruction of the State an
not Of the money of the State. It was intende
that he should keep alive the interest in the sui
iect of education, that he should hold teacl
ers' institutes in the several counties, that
should determine the text books to be use
| in the public schools, and that he should set
all appeals growing out of the management
the numerous school districts The legitimd
! duties Of Superintendent Of Public Instructit
J are sufficiently onerous 70 engage the attentlt
, Of one man.
: The Subject Of the Des Moines River lmpro
: ment, is entitled to more consideration than
+ | has hitherto received.
!, A contract was made between the agents
/ the State, and company Of gentlemen, for I
prosecution Of the work by which the nayll
: ton Of the river was to be completed IN I
, year 1858, and for which the company were
receive Des MONIES River lands ct 81 80 per &C
Il is reported that this contract has been mats
. ally changed during the past year, but by vi
: authority, and in what manner, I am not infol
ed. Although the grant to the State has ne