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MARCH 1930


To ike Legislature:

Kansas, during the two years intervening since your
last session, has enjoyed a degree of prosperity without
a parallel during the same period in any of the States
in the Union. The population of the State has increased
at the rate of one hundred thousand per annum; the
labor of the husbandman has been rewarded with abun-
dant harvests; the facilities for transportation have been
greatly increased; our manufacturing interests are in an
encouraging condition; the mineral resources of the State
have been rapidly developed; civilization has planted
itself on the western frontier, where, but a few years
ago, were found only the broad, fertile prairies, which
are now populated by a class of citizens whose school-
houses, churches, thriving towns, and well-cultivated farms
furnish abundant evidence of their intelligence, industry,
enterprise, and progressive spirit.

Business enterprises have revived and increased; and
to-day, Kansas, young in years but strong in natural
resources, with an industrious, intelligent population of
nine hundred thousand people, located near the geo-
graphical, and in course of time to be the commercial,
center of the United States, profiting by the lessons
learned through past reverses and hardships necessarily
incident to pioneer life, looks to the future full of hope

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and promise for the prosperity and happiness of her


I regret that the existence of the fact that during the
months of last September and October a band of Chey-
enne Indians, variously estimated at from one hundred to
two hundred in number, raided the western border of our
State, makes it my duty to call your attention to this
matter; and without stopping to discuss the causes, if any
existed, that led to this raid, it is sufficient to be able to
state, from a personal investigation of the facts, that no
citizen of Kansas, nor any other person within our State,
gave the slightest provocation for the brutal outrages
committed by this roving band of murderers.

It is a . fact, no less humiliating than true, that about
twenty-five days elapsed from the time these Indians
crossed the southern boundary of our State until they
reached the county of Decatur, on its northern limit;
moving in their line of march northward along the
western border of the frontier settlements, making incur-
sions into sparsely-settled districts, where the people were
wholly unable to protect themselves, killing as they did
about forty citizens, destroying and carrying away large
amounts of property, and committing outrages upon de-
fenseless women and children, so brutal, heinous, and
revolting in their nature as to never be forgiven or for-
gotten. In declining to discuss the question touching
the effort made by our State and national authorities to
protect the settlers against the outrages committed by
this lawless band of savages, I do not wish to be under-
stood as casting any unjust reflections upon any one.

The duty of the hour is not so much to deal with

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the past, bat to look to the fature with a determination
that a repetition of these outrages shall never a^in occur
in our State. The doors of Kansas have been thrown
open wide, and a cordial invitation extended to the in-
dustrious, law-abiding people of all portions of the
civilized world to come among us and build for them-
selves homes. Many who have accepted this invitation
have chosen for their habitation our western frontier, and
it becomes an imperative duty of our State to protect
the lives and property of these citizens against every in-
vasion by predatory bands of lawless savages who attempt
or threaten to deprive them of either, and to administer
to such bands within our borders prompt and merited
punishment, and delay the settlement of all technical
questions that may be interposed until after the safety
of the citizen has been fully secured.

Section 11, of chapter 64, of the General Statutes of
1868, provides:

'^That in case of insurrection, invasion, or threatened invasion, the
oommander- in -chief may order into active service any company, regi-
ment or brigade, or any portion of either he may designate, in such forms
of organization as he may direct," &c.

While section 15, of the fame chapter, provides:

"That all expenses provided for by this act shall be sworn to by the
officer making the same, and approved by the Mt^or (General, or Brigadier
General, certifying that the same were incurred by his order and were nec-
esBary for the service, and the amount thereof reasonable and just; and the
Auditor of State shall audit the same, and as soon as any moneys are ap-
propriated for military purposes, the Auditor shall draw his warrant on the
Treasurer, who shall pay the same."

Under section 11, the commander-in-chief has no
power to act except in cases of insurrection, invasion, or
threatened invasion. Experience has taught us that hos-
tile Indians do not send advance couriers to notify the
firontiersman either of their coming or intent, but the

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first notice generally given, or received, is by their mur-
derous attacks upon those who are unprotected and
unable to successfully defend themselves. Under section
16, it matters not what the exigency of the case may
require, not a dollar can be had for any purpose until
the expenses have been incurred, and an appropriation
made to pay the same. I therefore respectfully recom-
mend that an appropriation be made as a military con-
tingent fund suflBcient in amount — should circumstances
at any time require it — to uniform, mount, equip, and
pay, a limited number of reliable, discreet men, under
command of an efficient officer, whose duty it shall be,
at such times and places as may be deemed advisable, to
act as a patrol on the frontier, and promptly give warn-
ing of every approach of danger, and thus the citizen
having due notice, and promptly aided in his defense
by the State, could be made secure in the enjoyment of
his life and property.

Such an appropriation should have thrown around it
such stringent saf^uards as would require strict account-
ability from every officer or person having charge of the
disbursement of any portion of such fund.

And I further recommend, that a committee be appointed
to ascertain the extent of the damage sustained by citizens
&om the raid by said Indians, to the end that necessary
steps may be taken to secure the payment thereof.

I transmit herewith the biennial reports of the State
officers. These reports furnish a very full, complete, and
satisfactory exhibit of the business transactions of the re-
spective departments from which they emanate, from De-

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oeinber Ist, 1876^ to Jane SOtb, 1878, and of which I
respectfully request a careful perusal.

The total receipts of the Treasury from November 30th,
1876, to June 30th, 1877, including balance in Treasury
December 1st, 1876, amount to (860,064.88; while the dis-
bursements during the same period amount to $471,849.08,
leaving a balance in the Treasury, June 30th, 1877, of
(378,215.80. The total receipts, including balance in the
Treasury June 30th, 1877, for the fiscal year ending June
30th, 1878, amount to (1,684,891.10; while the total dis-
bursements during the same period amount to (1,272,910.92,
leaving a balance in the Treasury, June 30th, 1878, of
(311,980.18; which sum is made up of the several funds,
as follows :

General revenue.^ ^ $117,927 68

Sinking fund 6,871 72

Interest fund 48,810 45

Permanent school fund 30,214 ^7

Annual school fund 101,442 49

Univenitj fund 363 00

MiUtary fund 272 08

Railroad tax fund 2,780 67

Agricultural College fund 223 42

Normal School fund 4,C83 70

Total $311,980 18

It will be noticed by comparing the respective reports
of the Auditor and Treasurer, that there is an apparent
discrepancy between the balance reported as being in the
Treasury at the close of the fiscal year ending June 30th,
1878, amounting to (830.89. This is the amount of defi-
ciency of ex-Treasurer Lappin, and is properly included
in the balance as reported by the Auditor, he having no
authority to omit it ; but the amount so included by the

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Auditor not being money in the Treasury, is properly
excluded by the Treasurer in his reported cash balance.

The total bonded debt of the State, June 30th, 1878,
was $1,181,975, of which amount (607,926 is held by
the permanent school fund, $94,275 by the sinking fund,
$9,800 by the State University, and $1,600 by the State
Normal School. The remainder, being $468,375, is held
by private individuals and corporations.

From this aggregate amount of bonded debt may be
deducted bonds of our State, $94,275; United States
bonds, $22,600; cash in the Treasury, June 30th, 1878,
$5,871.72, all belonging to the sinking fund — leaving
the real balance of our bonded debt only $1,059,228.28.

On January 1st, 1877, $54,000 of the bonded debt of
our State matured and was promptly paid; and it is a
fiwt of which every Kansan may well be proud, that
every class of matured indebtedness of the State which
has been presented, and which the Treasurer is author-
ized to pay, has been paid with like promptness. And
the financial condition and credit of the State to-day is
such, that if sufficient funds were in the treasuiy to
liquidate the entire bonded indebtedness of the State, it
could only be done either by waiting until the bonds
matured, or by purchasing the bonds at a premium on
their face value, and paying interest to date.

The several State officers, in their respective reports,
make a number of recommendations in relation to amend-
ments of, and additions to, our present laws. These
recommendations being based upon the actual experience
of these officers, coupled with a thorough study and in-
vestigation of the matters to which they refer, entitles

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them to, and I respectfully invite you to give them, aD
earnest and careful consideration.

The report of the Directors of the Penitentiary em-
braces the respective reports of the Warden, Chaplain^
and Physician, and is transmitted herewith. It is very
comprehensive, and furnishes complete information touch-
ing the condition of that institution. An examination of
the report shows that the daily average number of pris-
oners confined in the Penitentiary from December 1, 1876^
to June 30, 1877, was 415; while the daily average from
June 30, 1877, to the close of the fiscal year, June 30^
1878, was 465; and that the number of prisoners confined
at the latter date was 500. There have been discharged
during the period covered by this report —

By expiration of sentence:

State prisoners , 165

United States prisoners 28

By pardons:

State prisoners 43^

United States prisoners 6

By commutation of sentence:

State prisoners 1&

Five prisoners have been returned to counties for new
trials, eleven transferred to the Asylum for the Insane^
six have died, and two escaped, of which one has been
recaptqred and returned to the prison.

The aggregate earnings of this institution, according to
the estimates, embracing a period from July 1, 1879, to
June 30, 1881, inclusive, will be $127,400; while the
current expenses for the same period afe estimated at
$203,365, leaving the amount of expenses over earnings^

In asking your attention to the several suggestions and

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reoommendatioDS embraced in this report, I feel it my
duty to especially impress upon you the importance of
that portion recommending the establishment of a reform
school for youthful criminals. This question has been
agitated for years. It has been frequently urged, with
much force and reason, not only in former reports from
this institution, but also in the message of my predeces-
sor. The dictates of humanity, the safety of society, and
the welfare of the youth of our State, appeal to you for
an earnest and prompt consideration of this question ; and
I trust that the necessary measures may be adopted with-
out further delay for the organization of such an insti-


Many complaints have been made that the present
policy of employing prisoners in the manufacture of
such articles as are produced only by skilled labor,
brings the labor of the convict in direct competition
with the honest, industrious mechanics of our State.

These complaints are not without foundation. The
Penitentiary derives its capital from the State; it pays
no taxes, but is a necessary burden. While the mechanic
derives hi8 capital from his labor, he pays taxes, is ex-
pected to obey the laws, and, in obeying them, is re-
quired to contribute his quota toward sustaining a system
of convict labor, directly in conflict with the means upon
which he depends for a support. Yet duty to the State
as well as to the prisoner requires that he should be
employed, and* that such employment should, as near as
possible, be made to defray the expenses incurred by the
State on his account.

I therefore suggest the appointment of a committee,

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to take into consideration this whole question, relating
to the present system of convict labor at this institution,
with a view to the adoption, if practicable, of such
measures as will in due time obviate this apparent in-
justice to the mechanics of our State.

The report of this institution shows that forty-five
pupils were in attendance at the close of the term end-
ing June 7, 1878. The estimates for the current ex-
penses for the fiscal years ending respectively June 30,
1880 and 1881, are $13,513 and $13,903. This is ex-
elusive of the sum of $3,000, which the Trustees and
Superintendent allege is required to erect and furnish
a hospital building, which the health of the students,
as well as the success of the school, demands.


This institution seems to he well conducted, and is
in an encouraging condition. The whole number of pu-
pils enrolled from November 30, 1876, to June 30,
1878, is one hundred and nine.

The sanitary condition as shown by the report of
Dn C. 6. McKinley, the attending physician, is re-
markably good — not a death having occurred in the
Institution during the past six years. The respective
reports of the Trustees and Superintendent are well
worthy of a careful perusal.

In addition to the necessary appropriation for current
expenses, the sum of $60,000 is asked for, to erect pub-
lic buildings. The necessity for such an appropriation
is very clearly and forcibly presented by the Superin-
tendent in his report, to which I respectfully direct

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your attention, and will onlj add that a personal in-
spection of the Institution will fully vindicate the Su->
perintendent in his earnest appeals for additional room.


Of the three hundred and sixty inmates under treat-
ment during the biennial period ending June 30, 1878,
at the asylum located near Osawatomie, fifly-nine have
been discharged, restored; twenty, improved; seventeen,
unimproved; three escaped; one was not insane; thirty
have died — leaving two hundred and thirty inmates in
the Institution at the close of the fiscal year ending
June 30, 1878.

I invite your attention to the report of the Trustees *
and officers of this institution. From this report it
will be seen that the most pressing demand of this
institution is for more room.

The fact that at the close of the fiscal year end-
ing June 30, 1878, one hundred and sixty-four in-
sane persons were, for want of room, excluded from
the State Asylum, coupled with the dictates of human-
ity, the safety of society, and the welfare of this un-
fortunate and helpless class of our citizens, makes it
an imperative duty to provide the necessary means to
increase and utilize the capacity of the asylums to meet
this demand.

There have already been appropriated various sums,
amounting in the aggregate to $108,999.25, for the pur-
pose of erecting, near the city of Topeka, an additional
asylum for the insane. This asylum, as will be seen
by the report of the Trustees, is about completed; and
it is only necessary, in order that it should be used

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for the purposes for which it was erected^ that the nec-
essary fonds be appropriated to enable the Trustees to
famish this asylum and defray its current expenses.


The report of the Superintendent of Public Instruction
is one of our most valuable and important documents.
Of all the reports issued from this department, none has
so completely covered all our educational interests, or will
be so valuable to the State and its citizens, as the one
just published for the school years ending July 31st,
1877, and July 31st, 1878. By this report it will be
observed that the total number of school districts in the
State is 6,136, being an increase since last report of 271.
Number of school houses in the State, 4,520; increase since
last report, 363. Value of school property, $4,527,227;
increase since last report, (250,136. Whole number of
persons between the ages of five and twenty -one years,
266,575; increase since last report, 33,701. Number of
teachers employed, 6,359, of which 2,861 are males and
3,498 are females.

The permanent school fund, at the close of the fiscal
year, June 30th, 1878, amounted to $1,449,223.87. No
State in the Union, in proportion to the age and popu-
lation of Kansas, possesses a school fund so large; and
it must be remembered that to this sum will be added,
from time to time, the receipts from sales of the very
large body of school lands yet undisposed of.

Our public schools are the pride of the State, and
should, as I have no doubt they will be by you, sacredly
guarded and maintained.

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The biennial report of the Regents of the State Nor-
mal School^ accompanied by a supplemental report, is
transmitted herewith. It presents a full statement of
the success, embarrassments, reverses, and misfortunes,
that have attended this institution since their last rejiort,
and from it will be seen that on the night of the 26 tb
of October, 1878, the Normal School buildings, with all
their contents, were destroyed by fire. The practical
question now to be determined is. What shall be done
to retrieve this misfortune to the educational interests of
the State?

By an act of the Legislature, approved March 3, 1863,
this institution was established, and permanently located
at the city of Emporia, upon condition that a tract of
land, not less than twenty acres, adjacent to the town of
Emporia, should be donated and secured to the State in
fee simple.

To meet these conditions, the citizens of Emporia
promptly donated to the State the tract of valuable land
upon which the Normal School buildings were afterwards
erected; and in addition to this, from time to time con-
tributed liberally of their means to add to the success
of this institution. But independent of these facts, which
it seems to me should have some weight in determining
this question, a thoroughly- organized and well-conducted,
normal school is absolutely necessary to insure the greatest
success to our common -school system of education. The
success of the common schools is measured by the quali-
fications of the teachers. Therefore it is important that
those desiring to teach, should be provided by the State
with the opportunity of attaining the highest grade of

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qoalification. Hence the necessity of a well-conducted
institution of this class.

I therefore recommend that an appropriation be made
to rebuild and restore to our educational system the
Normal School at Emporia.


This institution^ as shown by the reports, is in a flour-
ishing condition; and, to insure its continued success, its
interests should be carefully guarded, and such aid and
encouragement extended to it as will insure the maximum
of efficiency in all its departments.

The total receipts of the University, from January 1,
1877, to June. 30, 1878, as exhibited in the report,
amount to $46,851.64; while the expenditures during
the same period amount to $46,064.61 ; leaving balance
on hand, June 30, 1878, of $787.03. The estimated
amount required for the fiscal year closing June 30, 1880,
is $43,550, and for the fiscal year closing June 30, 1881,


Having received no report from the Agricultural Col-
lege, I can only say that information derived from a
recent visit to this institution leads me to believe that it
is making satisfactory progress in its various departments,
and is a credit to the State.

This department continues to do a wonderful work for
Kansas. Its reports, so full of valuable and reliable infor-
mation relating to our State, are not only highly esteemed

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