as rapidly in the future as in the past, because the greater portion of the lands have already been sold.

The present system having been the established policy, for so many years, it is not now thought best to change it, although as an original proposition it might be wise to do so.

ELECTIONS.

All patriotic citizens desire to protect the absolute purity of elections. They desire every opportunity given for each voter to cast his ballot without fear, favor, or other improper means being used to influence him in the discharge of this important duty. Every safeguard should be thrown around the voter to enable him to cast his vote in accordance with his conscience and judgment. To aid in accomplishing this purpose the Legislature of 1889 passed an act prescribing the manner of conducting elections in this State. It is believed that this law has been of value to the voter. The Supreme Court has passed upon and confirmed its constitutionality. It is believed that the main features of the law meet with the approval of the people. It has certainly rendered the use of money at the polls more difficult and hazardous. Some slight amendments should be made to the act. The voter should be required to remain in the booth at least one minute. Some provisions should be made for more rapidly canvassing the ballots. In some states provisions are made for counting as fast as the votes are placed in the box by changing boxes once an hour, so that when the polls are closed the ballots are all counted. It is believed that this would prevent a plan some times adopted, of holding back election returns in some localities until the results in other places are known. And again, the circulation of tickets at the polls outside the booths should be absolutely prohibited. In many election precints these measures are not required, but the citizens of such localities will willingly incur some trouble and expense in order to insure the purity of election in places where they are needed.

All of these precautionary measures are recommended in the interest of honest elections, and are submitted to your candid, deliberate judgment for consideration.

TEMPERANCE LEGISLATION.

The Legislature of 1889 passed two very important bills relating to the manufacture, taxation, regulation and prohibition of the business of manufacturing, selling or keeping for sale intoxicating, spirituous or brewed liquors. What is known as the Local Option law has been declared by the Supreme Court, constitutional. No amendments to this act are required. It furnishes counties, who so desire, an opportunity to prohibit the manufacture and sale within their jurisdiction. Van Buren county is the only one that has thus far availed itself of the rights given by this law. There, by a vote of the people, its provisions were adopted and the traffic is now prohibited in that county.

The decision of the Supreme Court was rendered but recently, and it is believed that in this is found the reason why other counties have not called elections under the provisions of the Local Option law.

Another law was passed increasing the tax upon the sale of malt or

brewed liquors, from $300 to $500, making the tax the same as upon spirituous liquors. One of the reasons for this increase was found in the belief that the law was evaded and spirituous liquors sold under the malt or brewed liquor tax. A mistake was made in enrolling the bill, and certain provisions were omitted from the enrolled bill, and for this reason the entire act was declared unconstitutional by the Supreme Court; and I urge upon your attention the propriety of re-enacting the provisions that should have been enrolled in the law of 1889. The same reasons exist now that existed two years ago why this should be done. The evils of intemperance are such that I doubt not this Legislature will, like its predecessor, desire to enact such laws, and adopt such measures as shall reduce these to the minimum.

DISCIPLINE IN STATE PRISONS.

Not only the law but the necessities of the case require the wardens of the State prisons to enforce discipline. Were it otherwise the prisoners might control the prisons and the wardens be subject to their will. Convicts are sentenced to hard labor, and the wardens are directed to enforce the sentences of the courts, and both the legislature and the people require them to do this in the most humane manner possible; and for the purpose of enacting this humane sentiment into the laws of the State, the Legislature in 1875 prohibited punishment by showering with cold water, or whipping with a lash on the bare body. This proviso was enacted because the lash frequently left scars upon the back, and I believe it has been faithfully observed by all our wardens since its enactment. But it has been construed by wardens, legislative committees, and by all the Governors since the enactment of the law, that this did not prohibit, on extreme occasions, the use of the flat strap. The instructions given have been to enforce discipline with the least possible severity. But a case has arisen in the United States Court for the Western District of Michigan, that renders it necessary for the Legislature to more clearly define its meaning in declaring that the lash should not be used.

A very turbulent, fighting convict was strapped in the Ionia House of Correction, for gross and violent conduct, and he claims to have suffered material injury, not directly through the punishment, but by an accident that occurred during the punishment. Upon his release at the expiration of his term, he went to Indiana and commenced suit against the State of Michigan, through the warden of the Ionia House of Correction, for damages. Believing that much importance attached to this decision, in the general discipline of the prisons, the case defended, but a verdict was rendered against the warden for something over $1,300. The punishment was not inflicted by the Warden himself, but by a subordinate, and it is believed that under no circumstances could the Warden be held personally liable or responsible, and the expenses of the suit were audited aud paid by the board, as the suit was virtually against the State.

was

This is referred to in order to impress upon your minds the importance of defining the meaning of the statute referred to.

CITY AND VILLAGE CHARTERS.

Much valuable time is given by the Legislature to the granting and amending of city and village charters. In 1887 there were 98 bills

passed for these purposes; in 1889, 71 bills were passed. I desire to urge upon your attention the propriety and possibility of passing a general law for the incorporation of cities and villages and for amending their charters. If they were classified and certain authority given to cities of the first class embracing a population of a given number, and then for cities of the second class with a population of a given number, and for the third class in the same way; then again for villages of the first, second and third class, it would certainly be in the interest of economy and save much of the time of legislators.

BUILDING AND LOAN ASSOCIATIONS.

These have been in active operation in many States of the Union, for years. They have proved of great benefit to the wage earners in different states in our own, as well as in foreign countries. They are of more recent origin in Michigan. In 1887 the Legislature passed an act authorizing their incorporation in this State. Through the encouragement extended by the act, many associations have been formed. Through these, homes have been secured for a large number of our toiling population.

In 1889, for the purpose of further encouraging these associations, and for the purpose of avoiding in this case double taxation, an act was passed exempting from taxation, certificates of stock and all mortgage or other securities held by such associations. This was intended to apply solely and alone to the corporations that were established for the benefit of those referred to. But perhaps because of this exemption associations have been organized and are maintained for the purpose of investment by capitalists, believing that here was a good field where they could safely invest their funds. The question as to whether this is authorized by the act has never been passed upon by competent authority; but if it can be done, the law ought to be amended so as not to exempt this class of investment from taxation.

They are doing something in the nature of a banking business with paid up stock; that is, sufficient amount is paid in at one time to earn the face value of the stock within a given period, and the law should certainly provide for taxing this class of securities, and no complaint is likely to be made because of this amendment. The same rule of taxation ought to ided for the taxation cf bank stock stock of those who have but a small exist where paid up stock is issued.

prevail in such cases as is proThe reasons for exempting the fraction of it paid for, do not

Then again building and loan associations of all kinds ought to be placed under official examination, so that not only the stockholders but the public may know their exact condition the same as they do the condition of State and national banks. And I recommend that the law be so amended as to tax the investments in these associations where the purpose is for investment only, and that all of them be placed under the examination of the Bank Commissioner of the State. It is believed that there is a general desire on the part of the officers of the several associations to have this done.

There are a large number of building and loan associations organized in other states who are operating in this, and I commend to your careful consideration the subject of providing some security for stock

holders here. We do in case of insurance companies and the magnitude of the business being transacted justifies your consideration.

COLLECTION OF DELINQUENT TAXES.

A change in the method of collecting taxes on lands returned to the county treasurer, is commended to your very careful consideration. It is a question that has been much discussed for years, and there seems to be a growing demand for the change.

I can conceive of no good reason for the return of these lands by the County Treasurer to the Auditor General, and by the Auditor General returned to the County Treasurer for sale. I cannot believe that more errors would be committed by having the sale made directly by the County Treasurer, as it is in most of the other states, than under our present system. More errors are made in the return to the supervisor and in the assessment than in any other way, and their going to the Auditor General does not correct these errors. The present system adds largely to the expense. Now the taxes may be paid to the Auditor General or the County Treasurer. Under the change they must necessarily be paid to the latter alone, but this need not embarrass.

If the method is changed, great care should be taken in adjusting the collection of taxes in the newer counties, where so large a per cent is returned delinquent.

SWAMP LANDS.

The questions in controversy to the title to some of these lands between the general and State governments, have not, as yet, been adjusted. The bill is still pending in the House of Representatives which provides for refunding to the State $1.25 per acre for all the lands that were withheld from patent by the general government that the courts have so generally decided belonged to the State.

Two years ago I called the attention of the Legislature to the fact that suits were pending in the Ingham county circuit, to maintain the title of the State to something more than one hundred thousand acres of these disputed lands that were granted to railroad companies and still held by them; and also to a suit that had been brought in the same court to set aside certain patents that I believed were mistakenly issued. One of the suits against the Flint & Pere Marquette Railroad, and the suit brought to set aside the patents referred to, have been decided by the court in favor of the State, and I think both of them have now gone to the Supreme Court for decision.

I repeat what I said in relation to the importance of adjusting these claims, and I very respectfully refer you to the more complete statement then made of the questions involved, and still urge the prosecution of these cases for the same reasons that were then assigned.

FORFEITED RAILROAD LANDS.

In 1856 Congress granted large tracts of lands to aid in the construction of certain railroads in the Upper Peninsula of Michigan. Some of these roads have not been constructed. And March 2, 1889, Congress passed an act forfeiting the unearned lands. June 15, 1889,

a joint resolution was passed by the Legislature authorizing and empowering the Governor to relinquish the claim of the State to such forfeited lands. The duty was at once entered upon and prosecuted with diligence. But much difficulty was met in identifying the lands. The Land Office and the office of Secretary of State are the only custodians of the records, plats, maps, etc., of State lands. These offices hastened the work as rapidly as possible, and on the 26th day of September, 1889, a quit-claim was executed to each individual description as furnished me by the Land Office. With some few exceptions I believe the quit-claim embraces all the lands forfeited, and no others.

GETTYSBURG MONUMENTS.

In 1887 the Legislature appropriated $20,000 for the erection of monuments on the Gettysburg Battlefield to the memory of the several Michigan regiments and companies who participated in that historic conflict. In 1889, $8,000 was appropriated for the proper dedication of the monuments. The monuments were completed by the Commission appointed, turned over to the Governor and by him transferred to the Gettysburg Monument Association on the 12th day of June, 1889. The monuments erected compare favorably with those erected by any other state. They mark the location where our cavalry, infantry and artillery were located. They were completed, dedicated and a record of the erection, deeds of the soldiers who fought on that memorable field, as well as descriptive of the monuments themselves, was published from the appropriation.

The Commission, in the discharge of their trust have done it with such fidelity that they have erected a monument to their own honor. A full report is on file in the executive office.

INDETERMINATE SENTENCES.

The Legislature in 1889 enacted a law known as the Indeterminate Sentence act. It provided for the sentencing of violators of the law to prison, without fixing the term of confinement; but provides that no one should be discharged until serving the minimum provided by law, nor be kept beyond the maximum. Several have been sentenced under the provisions of this act, but I think very few have been discharged on parole, so that we cannot as yet determine what its results may be. I believe that no amendment to the law is desirable.

APPEALS TO THE SUPREME AND CIRCUIT COURTS.

Through commendable diligence, the Supreme Court has thus far been able to keep up with the cases presented to it for adjustment, but the rapid increase from term to term admonishes us that the time is not far distant when relief for this court must be sought.

It is difficult even now to give some of the important cases all the attention that the interests involved require. There are many cases of trivial importance coming to that court where even the winning party is a loser by bringing his case to the Supreme Court for decision. These are sometimes carried up out of spite or malice; sometimes possibly for the purpose of securing delay. There is also an increase in the number of cases that are brought up on a mandamus or other writs, to compel