two of said referees. The further provisions of the act are familiar to many of your honorable body. By the 6th section of the act, the term of office of the referees shall not continue longer than two years from the date of their appointment, and shall terminate sooner if the business referred to them shall be sooner finished. Referees were accordingly appointed on or about the 15th of May, 1883, and they at once entered upon their duties, and have in each grand division been equally active, vigilant and faithful in their discharge. My information is that at Knoxville and Jackson, the referees have by their efficient labors so nearly finished the business referred to them that they can quite complete it by the expiration of the two years from the date of their appointment, but at Nashville, owing to greater amount of business, the referees have not been able to finish it. Up to December 1, 1884, the referees at Nashville tried and reported on 915 causes, bringing the docket down to January 1, 1882. To 486 of these causes so reported on, no such exceptions were filed, and the reports were confirmed by the Supreme Court from the bench without argument. There remained on the Supreme Court docket at Nashville, December 1, 1884, 876 causes filed since January 1, 1882, not reported on by the referees, and there have been filed since January 1, 1884, a little over 300 causes, thus still leaving on the docket about 1,176 causes not reported on by the referees on December 1, 1884, notwithstanding their incessant labors. When you consider these facts, you will see at once the vast amount of business that the referees have dispatched, and how they have relieved the Supreme Court docket. But you will see at the same time that some provision should be made for the aid of the Supreme Court in disposing of the business yet crowding it at Nashville. I therefore recommend that you provide, by proper legislation, for the continuance of the term of office of the referees holding their sessions at Nashville, for such length of time as is necessary to accomplish the unfinished work, or by such other legislation as in your wisdom may seem most judicious, to provide for the relief of the Nashville docket, otherwise it will take years before suitors can have their rights determined, notwithstanding the arduous labors of the Supreme Court. I repeat the language of my first message to the Forty-third General Assembly in regard to the Supreme Court: "It is not the fault of the court that the docket is crowded. It is conceded that the court does all in their power to dispatch the business." There is complaint from various quarters, of the great cost incurred in the prosecution of criminals. I would recommend that you provide by appropriate legislation, that the Clerks of the various courts in the State that try criminals shall keep a true and correct record of the disposition of every indictment in their courts, whether dismissed or tried, and whether convicted or acquitted, and the the verdict and judgment, and that the several Clerks make correct and faithful report thereof to the Attorney-General of the State on or before the 19th day of December, immediately preceding each regular session of the Legislature, and that the the report Attorney-General Governor, who shall transmit it to the Legislature. This will bring before the public the exact facts as to the working of each court, and the economy or extravagance of each court can be seen and known to the law-making power and tax-paying public. This is now in force in several States, and has effected material change in lessening the cost in criminal cases. I further suggest that the cost of our courts might likewise be considerably lessened by the same to changing the districts and lessening the number of Chancellors, Circuit and Criminal Judges in the State. The legal business in some of them is of such a nature as to enable many of the courts to get through their Term business in half the time it required ten years ago. This change, however, should you conclude to make it, ought not to go into effect just now, but should take effect time enough before the judicial election in 1886 to have the present districts changed into the new ones. REWARDS FOR CRIMIMALS. The amount appropriated by the last General Assembly for this purpose was only $2,000 for the two years, there being only $1,599.87 left over from the previous administration of the fund so appropriated, making a total of $3,597.87 for the two years. This is greatly inadequate to meet the obligations of the State for rewards offered for fugitives from justice, and the expenses of agents of the State to bring them back under requisitions, where no rewards were offered. The rewards offered by my predecessor amounted to $49,950 (including $10,000 by special legislative act offered for arrest of Ex-Treasurer Polk); rewards offered by myself amount to $6,650. The Comptroller's report shows in detail all rewards paid. When captures occurred, in remunerating the service, I have had to divide out the funds appropriated to the best advantage among the applicants who were entitled to the same, leaving considerable amounts unpaid for want of appropriation. Notably among these is the case of the arrest of Andy Taylor for the murder of Sheriff Case, of Hamilton county, the unpaid balance on which, now due the parties, is about $1,000. An accurate statement of these obligations will be subsequently submitted to your body. BACK TAXES. The law in relation to the collection of "back taxes" has, in many instances, operated oppressively on some of our citizens. The length of time, the change in ownership of property, the loss of receipts and failure to enter payments on the books by collectors, have caused taxes on some property to be paid more than once for the same time. It is suggested that there ought to be some legislative relief in this regard, and I trust, without assuming to indicate how, that you will be able to give the relief that is needed. REGISTRATION OF VOTERS. The sentiment which has been growing in our State from the experience in each recurring election, and which now seems to almost universally pervade all political parties, is that there should be some more effective laws to prevent illegal voting, especially in our large cities. The elective franchise is not only à political right, but one, the existence of which should be subject to such legal guards as to insure full effect in preventing the legal ballots from being neutralized by illegal ones. The virtue, sanctity and strength of the ballot-privilege is weakened whenever illegality is practiced in its exercise. That such is no infrequent occurrence is evidenced by the returns of many of our elections. Good government can alone be secured through virtuous and wholesome laws, and under our institutions, where the ballot is the basis of government, it should have sufficient legal protection to insure its exercise fairly and justly. It is almost impossible, under existing laws, as they are now enforced, to avoid the abuse of this right. Most States, to insure a free, just and fair ballot at elections, require all voters to be registered within a certain time as a condition prece- ELECTION RETURNS. In connection with what I have said, touching the elective franchise, it is proper that I should call your attention to the fact that there is a want of promptness and uniformity in the mode of making returns of State elections. Scarcely any two counties in the State observe the same form in making out election returns, or same mode of forwarding them. Every county officer has his own mode of making out the election returns. Some have the votes cast for every candidate on one sheet of paper, and others a separate sheet to every candidate; and also, it is frequently the case, that the returns of the votes for one political party are on one sheet and those of the opposing party on another. Great delays in forwarding election returns open channels to fraud, and should be strictly forbidden. Notably, in our late National and State elections, some county officers sent forward the returns with the promptness required by law, while others were SO derelict as not to forward them for more than three weeks subsequent to the election, notwithstanding there are daily mails from the county site to the Capitol by rail. While there are severe penalties as may be seen by reference to Section 1147 of (new) CodeMilliken & Vertrees-yet, although many returning officers have been and are amenable to it, in no instance that I am aware of, have they been enforced. It seems the Act fails to make it the special duty of any one to prosecute, nor does it lodge the duty in the Attorney-General of the State or district to enforce it. Neither is it made the duty of the Grand Jury to inquire into it. Hence, the law has so far been a dead letter, and returning officers violate it with impunity. I suggest that additional legislation is needed to make more effective the existing laws, and to remove the opportunity for tampering with election returns. If made the special duty of the Secretary of State to inform the Attorney-General of the district of any illegal delay in making returns, and then the duty of the AttorneyGeneral to prosecute, ex-officio, the delinquent officer, it might correct the evil. As to uniformity in election returns, I suggest that in all National and State elections the Secretary of State should be required to furnish forms alike to the returning officer of each county from which returns could be made intelligibly and with uniformity. I also suggest that the several sections of the (new) M. & V. Code, Chapter 2 (of Elections), Article IX., be so remedied by additional enactment, as to reconcile and make them consistent, so that returning officers can clearly understand their duties in forwarding election returns. It will be seen by the Code, as it now is, that one section requires that certain returns be forwarded to the Secretary of State, others to the Governor, and others, to both. I suggest that the sections relating to this be recast by enactment that will clearly define the duty of officers in this regard. Pertinent to the above, permit me to say that the Act of 1883, creating the Railroad Commission, does not show to whom the returns of their election shall be made, nor whether the same shall be canvassed by the Governor, Secretary of State, or both, and does not show by whom the certificates of election shall be issued. They are State officers. PUBLIC SCHOOLS, The annual report of the active, able and energetic State Superintendent of Public Instruction, including complete statistical statements of the condition and progress of our public schools, ending June 30, 1884, will be laid before the General Assembly in due time. This, together with the annual report for the year ending June 30, 1883, which will also be transmitted to you, shows such gratifying progress and improvement as to enable me to congratulate you upon the advancement of the system, showing that the amount annually raised for the support of free public schools is by no means a useless burden on the taxpayers of our State. It is a fact well known to all intelligent citizens that every modern civilized government, without an exception, has made the education of the people a paramount object of its existence and endeavor. That it is better than standing armies or penal codes, can be attested by the vast progress made in civilization and the arts of peace in the last century. The people, even in monarchical governments, have been thus strengthened in their liberties and prosperity. But whatever may be thought of the effect on the insitutions of these governments, there is no doubt in the minds of all intelligent statesmen, that where the right of suffrage is unrestricted, as it is in all truly democratic States, free popular education should be equally universal, as it is indeed vital to their existence. The legislators of Tennessee have wisely provided such a system for our people. The report of the State Superintendent exhibits a steady increase and improvement, both as to the number availing themselves of the advantages of free schools, and as to the efficiency of these schools. This report says that the figures exhibit a progress of the schools, keeping equal pace with the increase in the scholastic population. This report also exhibits 2 gratifying increase in the revenues for public schools, resulting either from a closer collection, a strict accountability of revenue officers, or a more liberal assessment upon property, or of all these combined. It is also shown that while the enrollment of pupils has been largely increased, and what is still more gratifying, the average attendance is at a still greater ratio, the cost of the system is greatly diminished, so that an extravagantly large balance of the school revenue is left on hand to be applied to the future efficiency of the system. This balance is in the hands of the various County Trustees, and in my judgment such legislation should be had as will compel its more rapid disbursement for the use and efficiency of our schools. I would also direct your attention to the utilization of the Institute system by the State and County Superintendents for the better training of teachers, for the promotion of their efficiency in teaching. The State Superintendent shows in his report a marked increase in attendance upon these Institutes. The value and success of the public schools depends mainly on the competency of the teachers to promote the physical, intellectual and moral growth of the youth of our land, and that system is fatally defective which fails to provide for Normal work, both in the encouragement of Institutes and Normal schools. I recommend that Institute work, both through the agency of State and County Superintendents, be generously and wisely cherished, and that the State Normal College receive your fostering care and protection. the case of the latter institution, I am led to believe that as large a number are not availing themselves of its manifest advantages as its superior facilities for training teachers would warrant. In The total amount of school funds received in the last scholastic year was $1,239,952.64, showing an increase over last year of $35,214.24. This fund is, This statement is exclusive of the amounts received from a few counties from which the reports are yet incomplete. The total amount of expenditures for school purposes for the same year was $919,242.26. This leaves a balance on hand June 30, 1884, of $320,710.38. This surplus should be currently used in prolonging the sessions of schools, and, to this end, I suggest amendment to existing laws. Reports show that our scholastic population for the year ending June 30, 1884, was White Total .... 420,997 150,832 ....571,829 And this is exclusive of three counties in which the scholastic pop. ulation for the year preceding was-white, 12,630; and colored, 932, This shows our entire school population at this time to be 585,391an increase over last year of 23,895. The diminution in the number of public schools in our State, taken in connection with the increased enrollment and attendance, I regard as a favorable indication, because there is too great a tendency on the part of school directors to multiply small schools with a limited attendance for the convenience of particular neighborhoods. The statistics show this unwise policy is being gradually abandoned.. I renew my recommendation, made to the Forty-third General Assembly, to create the office of Assistant Superintendent of Public Instruction, at a salary of $ to take charge of the public schools for colored children, who shall, in the performance of his duties, confine his labors to the colored scholastic population, and be subject to the supervision of the State Superintendent, to his decisions relating to the school law, and to all orders emanating from his office. He should report to the State Superintendent from time to time as he may be required; should visit and inspect the colored schools of the State, and make such suggestions as he may deem necessary. He should be appointed in such manner as the Legislature may indicate, and hold his office as the Superintendent does, and be subject to the same obligations. Time and reflection have strengthened me in the conviction that additional force is required to aid the State Superintendent in the discharge of his arduous and important duties in order that the cause of popular education may be more efficiently served, and good policy requires that the colored people should have a Superintendent of their own, subject, however, as indicated, to the supervision of the State Superintendent. UNIVERSITY OF TENNESSEE. There have been of late years some embarrassments connected with this institution in its management, of which it now seems happily relieved, and I am gratified to state it is now progressing under very favorable auspices. Herewith I transmit elaborate reports of various departments of the University, which have been furnished from the proper sources. Not to make invidious distinctions, I beg leave especially to call your attention to the reports from the Agricultural Department and its Experiment Station-a somewhat novel feature in educational affairs, and of special interest to the farming community. |