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laws passed in 1901, and new railroads having been built and old ones extended into new territory, the board felt called upon to employ inspectors beyond the contemplation of the appropriation of the last Legislature, in order to meet the requirements of the statute, and I recommend an appropriation to cover this expense, as suggested by the sanitary board. The whole number of inspectors employed did not at any time exceed the statutory provision.
The board recommends the amendment of the law which admits cattle intended for immediate slaughter free of charge to our state and markets, and make them liable for inspection fees, the same as any other cattle. It is claimed this will not increase the work or expense and will nearly double the revenue from that source. It will also eliminate the dangers of the Texas fever contagion in the native division of the Kansas City market, from which source the state bas suffered during the past year, as the infection which has been encountered in different counties is directly traceable to the Kansas City yards. There is every reason to believe that the infection was carried there by cattle which were permitted to come in under the clause admitting slaughter cattle free.
I believe this amendment is worthy of your careful consideration.
As a result of the general prosperity of the state, there is a marked increase in the attendance at each of our state educational institutions—the University, the Agricultural College, and the State Normal School. I would respectfully recommend for each of these institutions such appropriations as in your judgment may be necessary to maintain them upon a plane commensurate with the growth and development of the state. For a detailed report of the workings and necessities of these institutions, I refer you to the reports of the different boards, made to my predecessor.
I believe that the law should provide for the charging of a nominal incidental or tuition fee at our educational institutions. I find, upon investigation and correspondence with other states, that this custom is largely in vogue, resulting in considerable revenue for maintenance without inflicting any hardships or burdens. Especially do I think it upjust to the taxpayers of our state that pupils from other states can attend our state educational institutions free of cost, as is now done. In the three institutions of our state, there are now enrolled 169 pupils from other states, with practically no cost to them. I would respectfully recommend that a tuition fee be charged for pupils outside of the state of at least fifty per cent. of the per capita cost of the tuition at the institutions they attend.
WESTERN UNIVERSITY, QUINDARO. This institution, founded for the liberal education of the colored youth of the state, I believe is doing a work, under the management of Prof. W. T. Vernon, that is worthy of your generous considera tion and liberal support.
In the matter of school legislation, I invite the attention of the Legislature to the recommendations of State Superintendent Nelson, as found in his biennial report. Without indorsing his recommendations, it is a clean and conscientious review of the work and needs of our public schools.
There is a universal sentiment among the teachers and educators of the state that the salary of the state superintendent should be increased from $2000 to 82500. It is claimed the salary of this official should be equal to that of secretary of state, state treasurer, state auditor, and attorney-general. This claim seems to me but just.
Repeated efforts have been made in recent years to improve our compulsory attendance law. It is conceded that our present compulsory-attendance law is weak in many respects, and should be strengthened. The state has the same right to enforce attendance at school that it has to enforce collection of taxes for the support of schools. It is wise economy for the state to enact such laws as will enable school authorities to enforce attendance at school. The boy upon the street in many cases becomes the dangerous citizen of the state.
The people of Kansas will justify a liberal appropriation for the educational exhibit at the St. Louis exposition. Kansas has a splendid school system, and it will be a great credit to us to secure a worthy display at the St. Louis exhibit of our educational resources. Our public school system is the greatest heritage that the founders of our commonwealth have bequeathed unto us, and it should be preserved and enlarged by wise and conservative legislation.
STATE BOARD OF RAILROAD COMMISSIONERS. The law creating this board was passed by the Legislature in its session of 1901 and took effect on the 29th day of March of that year. The fact that there had been no railroad commission in the state for a number of years caused a large number of grievances against the railroad companies to accumulate, and there have been filed with this board since its organization and prior to November 30, 1092, 202 cases, besides a large number of complaints of minor importance that were not filed and taken up formally, but through the negotiations of the board were adjusted to the satisfaction of the complainants. Of the 202 cases filed and docketed, 152 have been settled by trial and judgment or by compromise and adjustment between the parties to the action through the recommendations of the board; thirteen have been dismissed for want of jurisdiction, and seven dismissed for want of prosecution, leaving twenty-nine cases pending and unsettled. Of the 152 cases that have been tried and settled, 106 have been favorable to the complainants and forty-six to the respondents. No appeals have been taken from the findings and judgments of this board, but the question involved in case No. 44,
the case of The Shawnee Milling Company et al. vs. The Atchison, Topeka & Santa Fe, was brought before the district court of Douglas county, Kansas, and the judgment of that court sustained the findings and judgment of this board.
The Kansas City-Leavenworth Railway Company, an interurban railroad operating by electricity in and between the cities of Leavepworth and Kansas City, Kan., carries both freight and passengers, and crosses at grade the tracks of other railroads operated by steam. This road, and all other interurban roads doing business as common carriers and operated by electricity, in my judgment, should be placed under the jurisdiction of this board.
The relations between the railroads and telegraph companies are so intimate and close that in some cases jurisdiction over the telegraph companies is necessary in order to get a full and satisfactory adjudication of the issues, and for this reason the board feels that the telegraph companies of the state should be placed under its jurisdiction, and this recommendation of the board, in my judgment, is worthy of your careful consideration.
The report required by law to be made by this board is intended largely for the information of the governor and the Legislature, to show the doings of the board and the efficiency of the law, and, as the Legislatnre meets biennially, I would respectfully recommend an amendment making the report of this board biennial instead of annual, as the law now provides.
GRAIN-INSPECTION DEPARTMENT. At the last session of the Legislature the grain-inspection laws were changed from fees to a salary basis. There have been inspected and weighed by the department, in the past twenty months, 216,400 cars of grain, at a cost to the state of $61,277.56, and the department has turned into the state treasury $62,982.44, leaving a balance to the credit of the department of $1704.88.
The work at the different stations has been done in a generally satisfactory manner. In the past two years the department has had less work to do than usual. In 1901 we had an almost total failure of the corn crop, and in 1902 the wheat crop was shorter than in former years; still, in spite of this fact, the department has been self-sustaining. With a normal crop of all grains, a substantial profit would come to the state.
The weighing department at Kansas City has been hampered by a lack of appropriation, necessitating a smaller force than was needed to do the increased amount of work properly. I would suggest a larger appropriation, so that the work could be done thoroughly, if necessary, making a small increase of the fee charged to meet the increased expense.
The dictates of humanity suggest generous appropriations for the support of the charitable institutions of the state, and it is very gratifying to me to be able to say that I believe each one of the institutions under the control of the Board of Trustees of State Charities and Corrections is in good condition and bas been maintained during the last administration without a deficit. For your guidance and information as to the needs of each of the institutions under the control of this board, I refer you to their thirteenth biennial report.
I especially call your attention to the Parsons State Hospital. The last Legislature haring reappropriated the lapsed appropriation of 1899 for the establishment of a hospital at Parsons, the board has proceeded to the work of erecting an institution in compliance with the law. After careful investigation of the subject, they have decided to make the Parsons institution one wholly for the treatment of epileptics. Several other states have provided themselves with iostitutions of this character with very satisfactory and humane rosults. The removal of the insane epileptics from the other state hospitals is most desirable, and it is believed will prove beneficial both to the epileptics and the other insane. I believe, therefore, the recommendation of the board in reference to this institution is worthy. of careful consideration, and that the making of the Parsons institution an asylum for epileptics will be a humane and progressive movement.
You will also note that the board is asking more land at some of ths institutions; also increased water-supply, both for sanitation and fire protection. The reasons given for these requests seem excellent and the improvements necessary.
THE PENITENTIARY. Certain repairs and improvements are needed at the Penitentiary. These are set forth in detail in the thirteenth biennial report of the directors and warden. I specially call your attention to the need of a new ward for the women prisoners, also for the appropriation for water-supply.
The Legislature of 1901 authorized the purchase or lease of additional coal lands for the use of the state, but no appropriation was made for the purpose of making either the purchase or lease; but a contract has been made for the purchase of what is known as Staiger's island, a tract of land containing 811} acres. The deeds conveying this land to the state have been executed, and are now in escrow in the Leavenworth National Bank, subject to the approval of the Leg. islature. I invite your attention especially to this matter.
The parole law for convicts of the State Penitentiary, a development of the conditional-pardon rule inaugurated by Governor Stanley during his first term, is in successful operation, as shown by the reports on file. It was an experiment in this state, but in many
other states, where it had been in force for several years, it may be said to have passed the experimental stage, especially in Ohio and Minnesota. It is now recognized by experienced prison management as an aid in prison discipline, and as a means through which young men, especially those who are serving their first terms in the Penitentiary, can be saved from following a life of crime.
The defect, however, in the present system of granting paroles in this state is, in my judgment, the lack of an equitable adjustment of the method through which it is put in operation. It should be based upon a merit system. The parole should come from a list of eligibles, on grades which the prisoner attains through his own efforts. This would place the friendless inmate upon the same footing with the one favored by friends and influence from the outside. I do not mean to allege that, under the present working of the parole law, this latter class has been intentionally permitted to enjoy its benefits, but in the very nature of things they are so favored, for the influences which they have are able to take up their respective cases and present them, while the friendless and unknown man is without these opportunities. The board of directors and warden of the Penitentiary, under the rules of a merit system to be devised by the Legislature, are best qualified to place the names in the respective grades and classes, through which grades and classes the inmates could reach the eligible list, and from which list the governor could parole. I would suggest such legislation as may be necessary to meet these requirements.
The twine plant at the Penitentiary, in view of the inexperience of those charged with its conduct, has achieved a reasonable degree of success, and I believe should be maintained upon its present basis; and suggest that the profits of the plant be set aside until $25,000 is accumulated, this fund to be used to protect the revolving fund from loss, should any occur, which is liable to happen even under the most careful business management.
There are 1069 prisoners in the Penitentiary, of whom 276 are from Oklahoma. I question the wisdom of Kansas longer assuming the responsibility of taking care of Oklahoma's prisoners, and recommend that Oklahoma be asked to relieve us of this charge as soon as she can do so.
KANSAS STATE SOLDIERS' HOME. This home was founded upon the patriotic sentiment that it was the duty of the state to provide for the indigent soldier of the civil war and his family. I believe the home and its affairs are in splendid condition, but I call the attention of the Legislature to the very important need of fire protection at this institution. Situated upon the prairies, several miles from Dodge City, with practically no fire protection, in case a fire should break out during severe cold weather or during a blizzard, the loss of life and the suffering that