623

an additional judicial circuit

to this subject, and I recommend that the eighth circuit be cre-
ated and defined."
7 Ap 03, p.50

Court of Appeals

a La. Blanchard, special message recommending legislation to carry out provisions of Constitution relating to terms of courts of appeal, 25 Je 04.

633

a

657

District court

Mon. Toole. "Much stress has been laid upon what is claimed to be an imperfection of our laws in this, that no provision is made for disqualifying a district judge where bias or prejudice is shown. This omission was sought to be corrected at the seventh legislative session by the passage of a bill which, for reasons then stated, was vetoed. At the eighth regular session the subject again received the attention of the Legislature, and a bill, constructed on different lines but designed to accomplish the same result, was passed, but it was found upon a test case that it contravened the Constitution in several respects, and for these reasons failed to become operative. I D 03, p.I

Court officers

For officer of special court, see above under that head

687 State's attorney

a

695

733

a

Fla. Jennings. "Two years of official observation

has impressed me more deeply than ever with the necessity of having more prosecuting officers in the state. I . . . recommend a constitutional amendment be proposed creating a state's attorneyship for each senatorial district. . .” 7 Ap 03, p.48

Civil procedure

Including such provisions as apply to both civil and criminal cases

Appeals. Review

Mon. Toole. "Concerning the second proposition mentioned in the [special session] proclamation, to wit: the power of the Supreme Court to review the evidence on appeal in equity cases, it would seem to me that if provision is made which, in the opinion of the Legislature, is designed to make more certain a fair trial before a fair judge, the reason for a review of the evidence by the Supreme Court in equity cases has largely failed. Such evidence when it reaches the Supreme Court is in narrative form only. It is not impressed by the presence of the witnesses and their manner of testifying." ID 03, p.2

750-65

750

753

758

a

ADMINISTRATIVE LAW OFFICERS

ADMINISTRATIVE LAW

This and Constitutional law above make up what is commonly known as the
Political Code.

Officers. Civil service

See also 38, State departments; 2472, Municipal civil service; 2511, County civil service

Civil service examinations. General

Mass. Bates. "The system by which appointments to public office are made upon merit ascertained by competitive examination has taken a prominent and permanent place in federal, state and municipal government . . . The fact that removals can be made by those in authority without cause has proved detrimental, and prevented in some cases a just and adequate operation of the law. The civil service commissioners suggest that a law be enacted which shall regulate the removal of persons in the classified service, and I commend the suggestion to your consideration." 7 Ja 04, p.16-17

b U. S. Roosevelt. "During the year ended June 30 last 25,566
persons were appointed through competitive examinations under the
civil service rules. This was 12,672 more than during the preceding
year, and 40% of those who passed the examinations. This
abnormal growth was largely occasioned by the extension of classi-
fication to the rural free delivery service and the appointment last
year of over 9000 rural carriers. A revision of the civil service
rules took effect on Ap. 15 last, which has greatly improved their
operation.
Executive orders of July 3, 1902; Mar. 26, 1903,
and July 8, 1903, require that appointments of all unclassified labor-
ers, both in the departments at Washington and in the field service,
shall be made with the assistance of the United States Civil
Service Commission, under a system of registration to test the
relative fitness of applicants for appointment or employment. This
system is competitive, and is open to all citizens of the United
States qualified in respect to age, physical ability, moral character,
industry, and adaptability for manual labor; except that in case of
veterans of the Civil War the element of age is omitted. This
system of appointment is distinct from the classified service and
does not classify positions of mere laborer under the civil service
act and rules. .
7 D 03, p.23-24

765

a

Salaries. Fees

Fla. Jennings. "I deem it my duty to invite your special attention to the salaries and duties of state officials. . . A careful study of their reports will show the increase in their duties caused

765-74

b

d

767

770

772

773

774

a

N. Y. STATE LIBRARY

GOVERNORS MESSAGES 1904

by the wonderful increase in the population, wealth, growth, devel-
opment and progress of our state during the past decade. The
enormous increase in the price of self-maintenance should also be
taken into consideration, in fixing a reasonable compensation for
state officials, which power is vested in you..." 7 Ap 03, p.22
Ia. Cummins. ". . . I suggest that the law relating to the
Pharmacy Commission, the Bank Examiners, the Oil Inspectors,
the Dental Board, the Veterinary Board, and all other boards, com-
missions, and offices with which the contrary practice prevails,
should be changed so as to require payment of fees
[directly to the treasury].

12 Ja 04, p.11-12

for the

Mass. Bates. "I renew my recommendations paying of all fees received by salaried officers into the treasury of the state, county or municipality, as the case may be. This latter suggestion has been receiving the attention of a special committee of the General Court, and I understand their report is ready for your consideration." 7 Ja 04, p.21-22

N. Y. Odell. "A committee of the Legislature has had under investigation the compensation of employees in the state service and the necessities for the services of those now in the state employ. While it is not my purpose to anticipate the report of this committee . . . I do desire to place myself on record as favoring such changes as are for the interest of the state in protecting it against such excessive salaries as have been the outgrowth more of favoritism than of necessity. . ."

Tenure of office. Discipline

6 Ja 04, p.25

La. Blanchard. "State officials paid good salaries should give practically all of their time to the state's service and be required to live, or at least spend most of their time, at the capital."

La. Heard, 9 My 04, p.27. Md. Smith, the land office, 6 Ja 04,

p.35. U. S. Roosevelt, public land frauds, 7 D 03, p. 8.

774-77

ADMINISTRATIVE LAW FINANCE

b Fla. Jennings. “.

I would

respectfully suggest that a memorial be addressed to Congress asking that the 1,433,314 remaining acres of the public domain of the United States, lying in Florida, be granted to the state, to be disposed of for the use and benefit of the public school fund."

7 Ap 03, p.66 c U. S. Roosevelt. "Experience has shown that in the western states themselves, as well as in the rest of the country, there is widespread conviction that certain of the public land laws and the resulting administrative practice no longer meet the present needs. The character and uses of the remaining public lands differ widely from those of the public lands which Congress had especially in view when these laws were passed. The rapidly increasing rate of disposal of the public lands is not followed by a corresponding increase in home building. There is a tendency to mass in large holdings public lands, especially timber and grazing lands, and thereby to retard settlement. I renew and emphasize my recommendation of last year that so far as they are available for agriculture in its broadest sense, and to whatever extent they may be reclaimed under the national irrigation law, the remaining public lands should be held rigidly for the home builder. The attention of the Congress is especially directed to the timber and stone law, the desert land law, and the commutation clause of the homestead law, which in their operation have in many respects conflicted with wise public land policy. . . In order that definite information may be available for the use of the Congress, I have appointed a commission composed of W. A. Richards, commissioner of the General Land Office; Gifford Pinchot, chief of the Bureau of Forestry of the Department of Agriculture, and F. H. Newell, chief hydrographer of the Geological Survey, to report at the earliest practicable moment upon the condition, operation, and effect of the present land laws and on the use, condition, disposal, and settlement of the public lands. 7 D 03, p.19-20

777

a

Deeds. Titles

Fla. Jennings. "The law fails to provide a system of record of title deeds and papers of titles to state and educational institutions (other than in counties), or the designation of any official or person as custodian of such title deeds or papers or in what manner or by whom they shall be kept. . . I recommend that the commissioner of agriculture be designated as the official to have the custody of all deeds and title papers of the sites of all state properties and educational institutions, and that such commissioner be provided with a deed book wherein all deeds shall be recorded."

7 Ap 03, p.28-39

777-82

N. Y. STATE LIBRARY

GOVERNORS MESSAGES 1904

b Ga. Terrell. "... To the end. that settlements may be
had and the title quieted, wherever in good faith the present
claimant has purchased and improved the state's land, legislation
should be enacted providing for the submission of the questions
of good faith and value to the jury of the vicinage, and where it
is made to appear that the claimant purchased in good faith and
has made valuable improvements thereon, that the state's right of
recovery should be limited to the value of the land before the
improvements were made.
24 Je 03, p.8

779

780

a

Buildings. Property and supplies

Buildings and grounds

Fla. Jennings, 7 Ap 03, p.81. Md. Smith, 6 Ja 04, p.26-34. 781 Capitol

a

b

Fla. Jennings, Capitol Improvement Commission, 7 Ap 03, p.79. Ga. Terrell, Mitchell street paving, 24 Je 03, p.II. Ga. Terrell, 24 Je 03, p.15. Ia. Cummins, Capitol Commission, 12 Ja 04, p.21-22. Ia. Cummins, the late fire in the Capitol, 12 Ja 04, p.24-25. La. Heard, repairs to sidewalks on Capitol grounds, 10 D 03, House Journal, p.7. Md. Smith, addition to the State House, 6 Ja 04, p.30-33. Mon. Toole, 26 My 03, p.2-3. N. J. Murphy, 12 Ja 04, p.16-17. W. Va. White, 26 J1 04, p.7.

Fla. Jennings. "[The secretary of state] should be provided with an assistant custodian of the State House and grounds in order that this important work may be continuously under the immediate supervision and direction of a competent person. . . " 7 Ap 03, p.23

Fla. Jennings.

66

At present the Supreme Court Library is in the basement, and the State Library is without a home. Notwithstanding the enlargement of the State House, the departments are really crowded at this time, and there is a growing demand for the erection of a suitable building for the Supreme Court and its library. . ." 7 Ap 03, p.81

d Ky. Beckham. New capitol recommended.

e

5 Ja 04, p.18

S. C. Heyward. ". . . I should be glad to see our State
House grounds systematically beautified on some artistic and
developed plan..
12 Ja 04, p.37

f Va. Montague. "I renew my recommendation for the improve-
ment of the Capitol, together with the suggestion that wings be
added to the present building in accordance with plans which have
been submitted.
13 Ja 04, p.7

782 Executive mansion

a

Fla. Jennings. Residence for governor recommended.

7 Ap 03, p.80