SUPREME COURT.

The Supreme Court is burdened with business and must have relief. It is very gravely questioned whether adequate relief can be given to the court without an amendment of the Constitution. One proposition looks to an increase, permanently, of the number of judges; the other, that those judges may be appointed for a limited time, and until the court shall catch up with its business, to be called commissioners, and if another like exigency shall occur, to again appoint three judges for a limited time. The last mentioned proposition has received the commendation of a convention of the members of the bar of this State. As this commission is to sit in conjunction with the Supreme Court, and to have transferred to it for adjudication such causes as the Supreme Court may deem proper, and as the object is to obtain the ablest jurist, I suggest that the Supreme Court shall nominate (and no nomination shall be valid unless made by four Judges of the Supreme Court) the persons to be members of the commission, to the Governor, and that he shall commission them. But it seems to me the same advantages can be obtained by the permanent addition to the Supreme Court of two additional judges; and by the time relief shall be given the business of the court will require the additional judges; that the Supreme Court shall, from time to time, be organized in two divisions, composed of three judges each, the Chief Justice to designate the members of said division, and in case of emergency, sickness or inability of any member to act, he shall assign himself to one of the divisions, so as to bear his due proportion of labor. The court shall sit in bank whenever the constitutionality of a law shall be drawn in question; and in other cases of great importance, which may be defined in the proposition, a full court shall be held. By this means there will be, as with the commission, two tribunals in session at the same place and the same time, each organized to properly discharge its duties. But, while I prefer this method, thus briefly and perhaps not distinctly described, the necessity for relief is so great if one measure cannot succeed, another should be adopted.

SETTLEMENT WITH AUDITOR AND TREASURER.

A committee was appointed by me, in 1878, in the manner required by law, to make settlement with the Auditor and Treasurer, and report the result of their examination to the Legislature for action. The committee performed its duty. Their report was made to the Legislature, but the Legislature failed to approve it, either in whole or in part, and utterly failed to take definite action upon it. Therefore, no

settlement has been made with the Auditor and Treasurer for the two years ending on the 31st of December, 1878. The committee appointed by me in December last to make settlement with the Auditor and Treasurer, can have no authority from me to make settlement for the years 1877-78. The law provides: "The inquiries of the committee. shall be limited to the two years next preceding the meeting of the General Assembly." I reccommend proper measures be taken to make settlement with the Auditor and Treasurer for the two years ending on 31st of December, 1878.

THE PENITENTIARY.

For years prior to the commencement of my term of service as Governor, the management and conduct of the Penitentiary had been attended with great expense, and largely in excess of its earnings. For a long time past, and at the present time, the salaries of the Warden, officers and guards have been and are paid from the appropriation for the pay of civil officers. The words "support and maintenance" of the Penitentiary, as used in the appropriation act, include all expenses at the prison, except salaries and cost of erecting new buildings, and other permanent improvements. In this prison some persons are confined who have been convicted in the United States courts. But of prisoners convicted in the courts of this State, there has been a gradual diminution. The following table shows the number of prisoners convicted in the courts of this State, and in United States courts, confined in the Penitentiary on the 31st day of December, for the years named:

The cost of maintaining the prison for the several years herein. named, ending on the 31st of December in each year, is as follows:

The exhibit for the two years, 1877-78, is not as favorable as it ought to be. A large amount of labor was bestowed on the courthouse for the Supreme Court, and other labor for the State, for which no compensation was allowed. The earnings of the prisoners were expended for their support and maintenance during all the years abovenamed. The proceeds of prison labor are as follows for the years mentioned:

1876.... 1877.....

1878....

$31,222 90

71,871 41

92,279 98

A portion of the earnings for the years 1877-78, were expended in buying horses, mules, and implements of industry, and other materials for the use of the prison. The business of the Penitentiary for the last. two years shows an excess of earnings over the cost of maintenance, of $32,901.90. During that time the earnings were:

1879...
1880

Total...

$108,160 28

103,456 75

$221,617 03

$89,315 86

The cost of maintaining the Penitentiary was as follows:

1879...
1880....

Total.....

89,399 27 $178,715 13

Of this balance of $32,901.90, $20,000.00 has been paid into the Treasury, $1,578.46 is in the hands of the Warden, and $11,323.44 is in material bought by the Warden for the use of the prison, and now on hand. In addition thereto, there is a larger amount ot property and material on hand at this time than there was two years ago, which has been purchased from the earnings of the prison. Much labor has been. performed for the State in preparing the site and erecting a workshop thereon, and in the manufacture of brick, of which there is a large amount on hand. From the results produced in the last four years, I have no doubt the able Warden and his faithful assistants can make the prison self-sustaining, including the salaries to be paid the Warden, the officers and guards.

SCHOOL OF MINES.

In January, 1875, the Board of Curators of the State University, not satisfied with the site previously selected for the School of Mines and Metallurgy, bargained with the Board of Education, at Rolla, for their school building and the tract of land on which it was situated.

Prior to that date, the School of Mines had been located at Rolla, but to obtain such location the county of Phelps, amongst other things, had subscribed $75,000 in county bonds for the benefit of said school. The county loaned its credit in flagrant violation of the Constitution of the State. That instrument provided no county should lend its credit unless two-third of the qualified voters of such county, at a regular or special election, shall assent thereto. The judges of the county court of that county made the subscription without having the assent of the qualified voters of the county, and the Supreme Court, in 1874, held the bonds issued by said county were void. The school building was bought at the price of $25,000, $5,000 of which was paid at or about the time of the bargain, and a credit was given the State for the residue of the purchase money. The Board of Education of the city of Rolla made its deed to the State for the public school building and the land connected therewith. The Curators of the State University executed a deed to a trustee for the lands sold to the State by the Board of Education, to secure the payment of five several promissory notes, each for the sum of $4,000, given to the said Board of Education, by the Curators, in their official capacity, payable respectively on the 27th days of January, 1876, 1877, 1878, 1879 and 1880, with interest thereon, at the rate of six per cent. per annum. This deed purported to confer on the trustee, in default of the payment of the said several promissory notes, or any of them, authority to sell said real estate at public vendue, at the court house door, in the city of Rolla, for cash, by giving sixty days public notice of the time and place of said sale, and to convey to the purchaser thereof the title to said property. In 1872 the Legislature directed there should be issued and delived to the treasurer of the School of Mines and Metallurgy at Rolla, by the Governor, 35 State bonds, each for $1,000, with interest coupons at the rate of 6 per cent. per annum, payable semi-annually, and having 20 years to run. Those bonds were delivered to the treasurer of the School of Mines. The proceeds of said bonds were directed to be applied toward the erection and equipment of a suitable building for the School of Mines and Metallurgy, under the direction of the Board of Curators. It appears that prior to the execution of the deeds herein named, a contract in writing was made by committees representing the said Board of Education and the Board of Curators of the University. That contract was ratified and approved by the respective boards, and in pursuance thereof the deeds were made and executed. In the contract thus approved, it was stipulated the Board of Curators might take up the notes, agreed to be given by the curators, at any time before the maturity thereof, on the payment of the principal and interest due, either in cash or in the bonds of the Board

of Education of the city of Rolla, at their par value, or in both cash and bonds. The Board of Education has issued $35,000 in bonds, with the proceeds of which the school building, sold as stated, was erected. Some payments have been made by the curators on the notes given by them to the Board of Education, but I am unable to state the precise amounts or dates of payments; and none of the notes or bonds given by the Board of Education have been paid by the curators. The deed of trust of the curators conveys no title, as that board of officers had no authority to make such a conveyance; no authority to mortgage or encumber the building which had been conveyed to the State. It is alleged the curators have expended all the money arising from the sale of said bonds, and the interest which accrued before sale, (no inconsiderable sum) towards the erection and equipment of a suitable building for said School of Mines, and have not yet paid for the building. The Board of Education of Rolla desire to receive the money promised to be paid them for their school building. Conceding the proceeds of the State bonds have in part been misapplied, the State has no adequate remedy. Under these circumstances, I advise the amount due to the Board of Education of Rolla be ascertained, appropriated and paid to the proper party, and the notes be canceled and filed in the office of the State Auditor.

REPAIRS OF CAPITOL.

The last Legislature appropriated the sum of $12,000 for repairs of the State Capitol. This money has been expended in making new ceilings for one hall and repairing the ceiling of the other, repairing the roof, the walls and the rooms in the basement, and giving to the building suitable and proper drainage, repairing the porch, the steps to the same, and the walk thereto. In addition to this, new window sash and glass have replaced the old, and much labor has been bestowed on the cupola. In my opinion this work has been judiciously and economically performed by Mr. Fred. Binder, who was appointed by those having charge of the expenditure of the money to superintend the work. Several rooms in the basement have been repairied in such manner that there is a stratum of air between the walls and the plastering. This prevents moisture from accumulating and standing upon the walls, as it does in other rooms of the building, where the plastering has been placed directly upon the walls. These rooms are dry, healthy and easy of access, and will make convenient committee rooms for the Legislature, and if they shall be used as such, the contingent expenses of the Legislature will be thereby reduced.