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GOVERNOR JAMES E. BOYD.

   No man has reached the Governor's chair of Nebraska with more real pioneer experience than James E. Boyd. Nine years a citizen of Buffalo county as farmer and ranchman, at a time when warring tribes of Pawnees and Sioux claimed the same region as individual hunting ground, and only had a coerced respect for the Wood River settlement, on account of its near location to Fort Kearney, inured him thoroughly to the privations of a new and undeveloped region, a capricious climate and frequency of Indian alarms. During the same period he superintended a store for a time, at Kearney, and as a railroad contractor graded three hundred miles of Union Pacific track. Before the frontier experience, from 1856 to 1859, he had resided in Omaha as a carpenter and contractor, and when he returned in 1868 he entered at once into city improvements, and organized the Northwestern railroad to Blair, building it and acting as its president. In the meantime he was engaged in cattle grazing on the plains of western Nebraska and subsequently in Wyoming. Since 1872 he has been banker and pork packer on a large scale, employing as high as 170 men. Before his election as governor his legislative training was in the state legislature and in two different constitutional conventions. He was member of the board of aldermen for the city of Omaha, while as a presiding officer twice mayor of Omaha and president of the city board of trade, be had become familiar with the duties of an executive ruler.
   Before the city of Omaha had outgrown her modest halls, he anticipated her coming wants with the beautiful and artistic Boyd opera house, and as soon as the flood tide of population demanded wider borders the "New Boyd" supplanted the old, as the beautiful edifice overshadows the cabin."
   At the time of his election as governor he was fifty-six years


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JAS. E. BOYD.

 


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of age, having been born in Tyrone, Ireland, in 1834, whence he came to Ohio in 1844, and thence to Nebraska in 1856. Of state governors, the arrival of General Thayer in 1854 ante-dates him by two years, while Governor Furnas also claims 1856 as his advent; Butler 1858; Garber 1870, and Nance and Dawes 1870. Thayer and Dawes are of New England ancestry, Butler and Garber of Virginia, Boyd of Irish, Furnas of South Carolina, and Nance of French parentage. Furnas, Garber, and Dawes were born in Ohio, Boyd in Ireland, Thayer in Massachusetts, Butler in Indiana and Nance in Illinois. At the time of election Nance was thirty years of age, Butler and Dawes thirty-seven each, Garber forty-one, Furnas forty-eight, Boyd fifty-six and Thayer sixty-six.
   In the campaign of 1890, the People's party or Independents, often called the Alliance, as most of them were members of the Farmer's Alliance, became a formidable rival of the old parties and elected a majority of the legislative members, while the democrats elected the governor and the Republicans the balance of the state officers. The Independents also elected two members to Congress and the Democrats one. As soon as the result of the 4th of November election was known, contests were commenced against the democratic candidate for governor and against the republican candidates for the other state offices. When the legislature convened on the 6th day of January, 1891, the Independents contended that no inauguration of officers should take place till contests were decided, and of course no canvass of votes in joint session and proclamation of the same be made before such final decision. After a conflict of authority between the newly elected speaker of the House, Hon. S. M. Elder, and the lieutenant governor, president of the senate, the chief justice of the supreme court caused a writ of mandamus to issue to Speaker Elder, commanding him to "open and publish the returns, and declare the persons shown by said returns to have the highest number of votes for each of said executive offices, duly elected." In this manner James E. Boyd was declared duly elected.
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   This mandate, of course, did not intend to annul the pending contest, but to place in power the "prima facie" elected officers subject to all future contingencies. Accordingly the 20th day of January, 1891, having been fixed for a joint meeting of both branches of the general assembly to count and declare the votes and election of officers, the contestees including Hon. James E. Boyd, the Hon. T. J. Majors, republican, elected as lieutenant governor, and the balance of the state officers, entered their protests against the legality of the joint assembly, in this, that the concurrent resolution ordering it was never presented to or signed by either the governor or lieutenant governor of the State. To settle the question of the legality of this joint convention, the supreme court was called upon to answer whether, when the governor and lieutenant governor were both contestees and, of course, personally interested in defeating the joint convention, was it necessary to ask their signatures to the resolution, to which the court gave an opinion that their signatures were necessary.
   This decision having been delivered seven days after the time of the intended joint convention, and other complications arising, the contests were fin ally abandoned and the Hon. J. E. Boyd, who had superseded Gen. John M. Thayer, delivered his inaugural address Feb. 6th, 1891, one month after the beginning of the legislative session.
   As this inaugural message was the first democratic utterance of the kind since state organization, it was subjected to close scrutiny and was warmly endorsed by the party and people generally, excepting those of his own party and others who were as honestly, intelligently and patriotically devoted to prohibition as he could be to its rejection. The characteristics of the message were directness, clearness and a critical examination of new themes and living issues. Brief in extent and breathing pure democracy, conciliatory in spirit and exceptional in style, to present it in fragments would do alike injustice to author and reader. But with positive assurance that the lavishly decorated vestibule is worthy of the beautiful structure it adorns, the


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reader is introduced through the portal of the exordium, and left with a desire for the unabridged message.

   Assembled here by direction of the people of this great and growing commonwealth of Nebraska, to promote their interests and render obedience to their expressed will, I hope that in all things concerning the dignity of citizenship and the public weal, we may go hand in hand toward the faithful fulfillment of our accepted trust; guided by our best wisdom, ambitious in the performance of our labors, and at all times true to the honor and the escutcheon of the State. We meet here instructed by the public voice, you in your sphere and I in mine, different in action yet the same in end. As public servants, with express commands, we, will be held to strict account by those who sent us here. Subterfuges and stratagems and weak expedients will all be swept away when we are called upon to explain the record made within these walls. Our principles abandoned and our pledges unperformed, the people disregarded and the State betrayed, means to-morrow, as it meant yesterday, swift and complete political death. In all that pertains to blooming fields and prosperous homes, in all that brings the people of the prairies in close alliance with the people of the towns; in the promotion of their welfare, in the protection of their rights, the redress of their wrongs, in lifting their burdens, and the speedy granting of their appeals, and finally in strict and even-handed justice to all, I herewith extend you my hearty approval in advance.

   On the 20th day of March, 1891, house bill No. 12, "For an act to regulate railroads, to classify freights, to fix reasonable maximum rates to be charged for the transportation of freights upon each of the railroads in the State of Nebraska, and to increase the powers and further define the duties of the board of transportation, and to punish violations thereof," was put upon its passage in the state senate. A call of the senate being ordered, a deadlock ensued, which lasted for three days, while a motion could not be entertained for a "suspension of further proceedings under the call," although one senator (Taylor, of Loup county) was permanently absent. Of this state of affairs, after seventy-five hours of continuous session, Senator Stevens said:

   The public feel that such a policy is a part of the tactics of the railroads of the State to prevent any legislation


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regulating the charges of these common carriers. Will the chair unlock the entanglement and afford the senate a means of escape by overruling or rather correcting the former ruling, or shall this foolishness at the expense of the State go merrily on?

   Pending this obstruction to business a self-constituted committee of democrats and republicans, twelve in number, offered a compromise to the independents who were pressing the bill. In the first place they claimed that the railroad bill was unconstitutional; to which it was replied, "If the railroads really thought it was invalid, it is strange that they should offer $5,000 apiece for senatorial votes to defeat it." They further asserted:

   In other words we favor a bill which would provide a reasonable rate on the following articles: wheat, flour, millet, flax-seed, corn, oats, barley and other grains; millstuff, hard and soft lumber, lath, doors, shingles, sash, blinds, salt, lime, cement, stucco, horses, mules, cattle, hogs, sheep, hard and soft coal. And also a provision against increasing through freight rates, and that on a I articles not mentioned the rate shall not exceed the tariff in force on January 1st, 1891.

   To which sixteen Independent senators made reply,

   We had rather suffer defeat at your hands when we are fighting the uneven battle of the people against the corporations, than to gain an apparent victory by passing a measure prepared and placed in our hands by the very corporations which we seek to control. A maximum rate bill embracing only the articles of live-stock, grain, lumber and coal would bring no relief to our people, for the reason that those articles would all be controlled by interstate rates. Nebraska produces no coal or lumber, and would be required by the roads of this State to pay local rates on both of these commodities, which local rates are higher than the present through rates, and the revenue of the roads would thereby be increased rather than diminished. The railroad companies have already tried to frighten us by threatening to refuse to give Nebraska through rates. In case the Newberry bill becomes a law, and we believe they would not be slow to take advantage of an opportunity to charge local rates on the four commodities in which the farmers are interested, if we should accede to your request.


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   After three days of suspense and strife, the sergeant-at-arms. failing to find the absconding senator (Taylor), who had fled from the State, Mr. Shumway, a Republican, moved that further proceedings under the call be dispensed with, and explained his motion as follows:

   Ample time has been given all parties interested in this bill to try and persuade one missing member to return. But he is still absent. I do not think it wise that the actions of this body be further delayed on account of the absentee, therefore I make the motion.

   The motion prevailed and the bill passed.
   The belief that Taylor was bribed to leave the senate and the State, to defeat railroad legislation, produced the most intense excitement throughout the State, and even the house chaplain, the day after the senate deadlock was broken, emphasized the general feeling in his prayer before that body:

   We thank Thee for Nebraska, for her enlarged borders, for her citizens and her brotherhood, but rejoice that her borders are not large enough to enclose, nor her brotherhood sweet enough to embrace a traitor recreant to her interests. Help him to flee farther and yet farther from an outraged and indignant people, until he shall stand upon the brink of a moral volcano, behold the forked tongues of fiery flames, the seething sea of lurid lava, hear the muttered thunder of hidden forces, and feel the nausea of mental hell, until he shall awake from mental death, repent, believe and be saved. And what we ask for discovered treason and uncovered traitors, we ask for all covert treason and covered traitors.

   When the railroad bill was presented to Governor Boyd for his signature he returned it with a veto message, in which he said:

   The rate in this bill is supposed to be based on the Iowa rates. In Iowa the rates are fixed by a commission and are changed from time to time as circumstances and the course of trade seem to require. In that state the various roads are classified so that the rates are higher on the weaker roads and lower on the stronger ones which have a greater volume of business.
   The justice of such a classification is apparent. It is


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evident that a road doing a large business can afford to carry freight at a less rate than one which has but little traffic. This bill places the same Iowa rate on all the roads in the State without regard to the volume of business carried, and the rate fixed by the bill is based upon the lowest classification in Iowa. The latter state has double the acreage under cultivation and almost twice the population of Nebraska, with only about two-thirds its extent of territory, and less than double its railroad mileage. The volume of freight transported by the railroads in Iowa is more than four times as great as that transported by the railroads of Nebraska. It is manifest injustice to apply to the Nebraska roads the lowest rates in force in Iowa.

   He strongly combated the idea that the railroads were making exorbitant profits at the present time:

   In my judgment there is not a mile of railroad west of the sixth principal meridian, except the trunk lines, that is paying its running expenses today. The products of our State in some form are almost entirely consumed in the East and must be carried upon interstate rates. These interstate rates upon grain particularly are but very little above the rates from Iowa points. These rates will not be reduced by this proposed law, and may, and can be very materially advanced by the railroad companies in self defense and for self preservation.

   The interstate rates referred to above are those upon traffic between and beyond states, under laws of Congress, and not the business done within individual states, and governed by their local laws. The governor approved of the "rate on live stock in the eastern part of the State," land "attributed the best intentions and motives to the framers and supporters of the bill," and conceded "that the railroad corporations have, in many instances, exacted unjust tribute from the people," but believed the law lacked careful consideration, was unconstitutional, and would stop railroad construction, deter capital from entering the State for improvements, and in the reduction of wages and discharge from railroad services produce a dangerous competition in other branches of labor. On account of the condition of affairs in the State he also argued that the bill was inopportune:


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   Owing to the crop failure of last year there will be but meager shipments of agricultural or live stock products from our State until after another crop shall have matured; and hence the carrying trade within our borders will be reduced to the minimum, and with such a condition confronting us I deem it unwise, as well as unjust, at the present time, to enforce such sweeping reductions as are provided for in this bill.

   Remembering that each party platform demanded restrictive legislation, and that the retiring governor's message recommended it and his own inaugural address made it prominent, he knew full well that the temporary political consequences of his own official act were impending.

   I am well aware that my refusal to sanction this bill will meet with the disapproval of many. Dissatisfaction may be expressed and harsh criticism will follow. Be that as it may, I feel that I have a plain duty to perform, a duty which I owe to the interests of this great State, and whatever censure or criticism may result, this duty I will perform in the consciousness that I am acting for the best interests of the State of Nebraska. I therefore withhold my approval of this bill.

   Inasmuch as the majority in each house was not large enough to pass the bill over the veto, it failed to become a law, and since the Independent party had redeemed its pledges by passing it they returned to their constituents vindicated, while several other members had voted for it under protest.
   Two other acts were passed and signed by Governor Boyd, relative to railroads, the one providing for naming stations after the towns in which they may be located, and the other for securing the safety of operatives by requiring railroads, corporations and companies to equip engines and cars with proper, efficient and safe automatic couplers and brakes, so that brakemen shall not be required to go between cars, or on top of them, in the discharge of their duties.
   If the governor could not co-operate with the Independent party fully as to the details of railroad legislation, it must have given him pleasure to find the general recommendations of his


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message upon suffrage so completely incorporated in the secret ballot law. If it secures the freedom of the voter, shields the poor man of talent and integrity against the competitor of mere wealth and assumptions, and results in purity of elections and the education of manly voters, and relegates bribes and bribery to the rear, all concerned in its establishment will have cause to rejoice in an honored citizenship and a dignified state.
   Having called the attention of the legislature to the fact that "the warehouse system now in vogue in the State of Nebraska is wholly in the hands of private parties and corporations, uncontrolled by and not responsible to any statute of the State, relative to public warehouses," the body took prompt action and gave form to a statute. The scope of the law required a license for keeping a warehouse, for reception, storage, and sale of grain, under penalty of a $10,000 bond and a fine of from one to five hundred dollars for every day's business transacted without such license, obtained from the State Board of Transportation. Owners of property were to have access to the same and all the books and records of the warehouse; receipts were made transferable by endorsement; the issue of fraudulent receipts made punishable with imprisonment for not more than ten years in the penitentiary, in addition to all other penalties, and provisions were made for a chief inspector, with all such safeguards and restrictions as the experience of other states bad found necessary and practicable from absolute test and experience. This act was followed by another giving new duties to the Board of Transportation, among which was the appointment of a committee of appeals for each city and town in which a warehouse was located, the members of which were placed under bonds of $5,000 each, having first taken the oath of office.
   The recommendation for cheaper school books was met by a law allowing the district boards to purchase a supply to be loaned to pupils of the school or sold at cost to patrons for the use of their children.
   Having signed a bill in aid of drouth sufferers of 1890 appropriating $100,000, before delivering his inaugural, he therein


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