The Bolivar bulletin. (Bolivar, Tenn.) 1888-1946, 1893-02-03
GOV. TURNER'S MESSAGE.
Recommendations on the Pcnitentiary and
Convict Questions-A Plan to Abolish
the Coal OIL Bonanza-Better Road
and Election Laws.

NASHVILLE, TENN, Jan. 26.-Following is
the full text of Gov. Turney's first message,
read before the Legislature today:
To the Senate and House Of Representatives
l call your attention to the Importance OF the
intermediate Court bill now pending, and
recommend Its passage at the earliest convenient
day. The material interests of the State are
largely dependent on the courts In their capacity
to dispose of the business their dOckets, and
capital is timid and sensitive and will not invest
where, if it should become involved iii litigation,
It may become locked up for an unreasonable
time. To invite capital TO come amongst us We
must let 1t see that 1t may be active and pront-
able A little more than six years ago, Wnen
the present bench was installed, the dockets IN
the Several divisions were largely In the arrears.
There was universal complaint OF the seeming
delay in the disposition of cases, and men OF
means were afraid to turn their money loose on
the market, and there was a consequent depres-
sion Of business and want OF clrcutatlng cur
rency. The outcry was so great that whl.e there
was and could be no charge OF aWant OF capaclly
industry or honesty on the part OF the court
which had been faithful and diligent In the as
charge OF It's duty still at the next elect!on lne
bench was almost entirely changed ana new
men selected in their stead.
The new bench did no more labor than its pre-
decessors, but by the adoption of new rules ana
methods and dispensing with written opinions
in at least nineteen -tHenteths of the cauSes.WaS
enabled by the most lab0rious eHOrt-w0rKlng
day and night-to clear the dockets and Keep
them so until very recently. The result mas been
that business became more active, and litigation
increased until it became Impossible for the nVe
judges to keep up with the current litigation,
and the dockets are becoming tlnmanageable ana
must return tc their former state of delay unless
legislative relief is given. Former legislatures
have recognized the inability OF courts of origi-
nal jurisdiction to keep pace with the growing
litigation, and to relieve them have created new
circuits and chaneery divisions, and have there
by, in great measure, made them masters OF
the dockets, which result has, OF course, IN
creased the number of appeals TO the supreme
Court and changed the delay from cne to another,
leaving the evil still upon us.
In this connection call YOUR attention 10 the
labor of our Supreme Court, as compared with
that OF other courts of other States OF the Union
While the average number OF cases tried ana
disposed Of by our court is about ,250 per an
nun, that of other States is about 400 or as one
to more than three. This vast amount OF LABOR
necessarily requires every moment OF time tnat
by strained effort can be devoted to the investi-
CATION OF cases, cfipples the deliberation due to
such investigation, and often fofbids me Wrltln8
of opinions on questions, the iiudicial settie'
ment OF which should be made known Dy au-
thoritative publication. feel assured the pas
sage of the bill referred to will remove the eyli
State. The salaries of Supreme judges are en-
tirely too small for the great labor and RESPONSE
bllity OF the position. Contrast the salary OF
Supreme judges with the compensation received
by many of the clerks of courts and most other
public officials, their respective duties and re-
the most poorly paid servants of the State. 1
recommend an increase to at least 200.
You have before you bills touching the matter
OF coal oil inspection. j submit two PROPOSE
tiOnS for your consideration:
First-I recommend repeal of the law Great
ing inspectors. and in ITS stead that the coal oil
companies be required, before putting their oils
on the market, to make 0aths and execute bond,
with resident solvent securities, In sufficient
amounts to secure indemnity, conditioned that
the oil shall be of the standard fixed by the law
OF the State; that in case of a breach service or
process on any agent shall give the courts OF the
State jurisdiction. Each company shall be re-
quired to have brand and impress it on each
barrel and vessel containing Oil for sale, specf-
men of the brand to be fled in the Office OF the
f1rIt ItafG Gtotn n an nv
ing the requirement of the law to be lndicCaDle
and punishable for a misdemeanOr, or for per-
jury if the facts warrant in addition to its
liability for damages resulting from such viola
tfon. No company will be permitted to change
its brand without first filing with the Secretary
of State fac smile OF such new brand. In case
of suit for breach copies of the bond, certified by
the officer in whose custody they are lodged,
shall be competent evidence, as also the brand
Second-In case repeal shall be deemed mad
Visable, recommend reduction OF fees for In
spectiOn, from 25 cents to not more than 10 cents
per barrel. 1t is evident the inspector does not
render such service to either the company or the
State as entities him to the exorbtant fees now
allowed by law. In such case, as in all others,
the DrinciDle of reasonable condensation fer the
work done or service rendered should obtain.
The most difficult problem for solution Is the
penitentiary question. Section 81, article 1, OF
the constitution ordains that ''the erection OF
safe and comfortable prisons, and inspection OF
prisons, and the humane treatment OF prisoners,
perative. The prison, as it Is, can accommodate
only about four hundred persons, while there are
perhaps three times that number of convicts.
We can't escape the duty of either enlarging the
present building or erecting new one. think
the latter is the right policy. The grounds and
buildings should be sold, ana, at some p44lmh1 m re-
cured and building of sufficient capacity to ac-
commodate all the convicts erected. l suggest
that large coal field on mountain be selected
and purchased and upon it the prison erected,
with view to coalmining by such conVictS as
the Legislature may designate. On or near the
1nN6 dc cfn IE
in great quantities. The stone could be profit
ably used in the building which might be erected
at a surface base or slope Of the neld; SO as 10
make the entrance directly from the prison 10 the
mines, the State to control the prisoners and
mines as the Legislature may from time to time
direct. If only one prison IS to be erected It
should be on different plan to the present 1t
should have separate apartments so as to keep
apart the different characters of offenders. The
young and ignorant should not be associated
with the hardened criminals, as this converts
place intended for reform into schools for crime.
The man of honor who, In an unfortunate mo-
ment has yielded to passion and made himself
guilty of lower grade of homicide should not
be placed on n level with the common thief,
ments should each be appropriately named. 1t
ought to be our purpose TO use all reasonable
and legitimate means to reclaim the unfortunate
and help him to be useful. AS it is. cOnvicts are
comingled, and when their
times expire they come forth under the common
"ex-convict, and little or no dis
tinction is made between them. We should be-
gin at once so as to be prepared TO take care OF
all conyicts In comfortable prison or prisons
at the termination of the present lease, which
will expire in January, 1896, giving good time to
perfect any plan that may be adopted. The
labor of convicts should be so employed as to
interfere as little possible with free labor, at
the same time save the State from the cost OF
supporting criminals.
The law requiring the registration OF voters is
q good one, but requires amendment. There
should be but one registration for each year, at
which a certificate for each election to occur
during the wear should be issued to the voter,
who will be required to surrender such OF the
certificates as relates to the election in which he
offers his ballot Provisions should be made for
special elections.
/ call special attention to the road law. It is
not working the good contemplated by its au-
thorS and the present condition of many public
roads in this State is such as TO make II lmpoSSl-
bic at certain seasons to pass over them with
convenience Good roads will contribute to the
interests of the State. They would
bring markets nearer the producer by reason OF
enabling him to reach them quicker and with
larger quantities of marketable matter, and, at
the same time preserve his teams and vehicles:
G cod roads will bring our lands into the market
at advanced prices. / can conceive OF nothing
that will add so much to our wealth as roads OF
easy and safe passage throughout the year
In many parts of the State timber suitable for
rails has become scarce. Many farmers are not
able to inclose their farms with wire or other
and must, therefore, leave them more
or less exposed to depredatloDs by stock running
There are other matters of public interest 20
which hope to be able to call your attention at
an early date. FETER TUkNEY, Governor.
Fees of State Officers.
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