rower, enabling him to make easy terms. Nothing that tends to discourage investments of, capital within the State should be allowed to creep in under the cover of mistaken legislation.

CONSTITUTIONAL AMENDMENTS.

Among the important questions which imperatively require your early consideration and judicious action is that relating to the calling of a convention for the revision and amendment of the existing constitution of this State.

This constitution was adopted by the convention of 1831. Since then it has remained unchanged except by two minor alterations through the legislative mode of constitutional amendment. That it has so remained during sixty years of practical operation, especially in view of the surprising changes wrought by the spirit of modern progress and improvement, is convincing evidence of the wisdom and foresight of its authors, and of their comprehension of the conditions, needs, characteristics and tendencies of the people of this commonwealth.

That the plan of government established by this constitution has been admirably adapted to the situation, means, and general interest of our people, and that it has in a remarkable degree secured to them capable and honest public servants, and a frugal, efficient and reputable administration of the legislative, executive and judicial departments of the State, and has thus maintained the public honor and general welfare, with comparative economy to the taxpayers, is certainly undeniable. But it is nevertheless true, that within a very recent period, owing partly to altered conditions within our State, and partly to the example and influence of constitutional changes in other States, a considerable portion of our citizens have evinced a desire for a convention for the revision and amendment of our present constitution.

Accordingly, in recognition of this sentiment, the General Assembly (at its sessions of 1887 and 1891) has twice made provision for special elections to take the sense of the people in regard to the calling of such a convention. That the sentiment has gradually increased is shown by the fact that the vote in favor of such convention was materially greater at the second than at the first of these elections.

The election of 1887 was unsuccessful; and that the special election of 1891 also failed to furnish the majority necessary for

the calling of a convention, as prescribed by the act authorizing said election, clearly appeared upon the ascertainment of the state of the vote thereat, subsequently made by the respective boards of canvass in the several counties, although the conclusive ascertainment of the result of said election is yet authoritatively to be made by this General Assembly, pursuant to the provisions of the fifth section of said act.

In anticipation of the possible failure of said election of 1891, the General Assembly which passed the act authorizing it, subsequently, at the same session, also passed an act (by a two-thirds vote of each branch thereof) proposing an amendment to Article IX of the constitution, and thereby providing for the taking a vote of the people in respect to calling a convention at the general election. The object of this proposed constitutional amendment is to give the people an opportunity, under the most favorable circumstances consistent with the public welfare, again to express their will at the ballot-box in regard to the calling of a constitutional convention. This proposed amendment, before it can become a part of the constitution, must first have been approved by the Governor, and subsequently duly published for the consideration of the people, and finally ratified by a three-fourths vote of each branch of the General Assembly at its present session.

As my approval of said amendment was a condition precedent to your ratification of it, it becomes my duty to consider not only the general necessity of any such action, but also the suitableness of this particular measure. Upon reflection I was favorably convinced in respect to both, and accordingly gave it my official approval; whereupon it was duly published for the consideration of the people, and now awaits your action in regard to its ratification.

Although the reasons both for and against its approval were gravely considered, yet those in favor of the proposed amendment seemed greatly to outweigh the objections to it. In view of the fruitless expense of the two recent special elections, and of the fact that the result at that of 1891 came within a few hundred votes only of the majority required to authorize the calling of a convention, it seems not only judicious but just to afford to the people, in a safe and reasonable way (as this amendment does) a favorable opportunity to express their will in respect to a conven

tion under circumstances which will be most likely to cause the least inconvenience to the voter and the least expense to the taxpayer. For the attainment of this end, the vote at a general election, in conformity with the provisions of said amendment, unquestionally offers greater advantages than that at a special election.

Whilst there are strong arguments in favor of taking the sense of the people in respect to calling a convention at a time when the voters will not be subject to the influences attending a general election, yet the prevailing practice elsewhere is in favor of a vote for such a purpose at the general election. If a convention were now sitting, and actually engaged in revising our constitution, it might well consider the propriety, in view of our recent experience of special elections, of adopting, as a permanent constitutional provision, the plan of taking such sense of the people at a general instead of a special election, especially if such plan be sufficiently guarded against hasty constitutional changes under the influence of sudden popular excitement or violent partisan passion.

But, upon the present occasion, it is not necessary to determine whether the proposed amendment to Article IX should hereafter be a permanent provision of our constitution. That will be the special duty of the convention which shall be called to revise and amend that entire instrument. We are now dealing with an exceptional case, and this proposed amendment is practically a preliminary measure to serve a special occasion. Its immediate purpose is to supply an urgent need and afford a present means for taking the sense of the people in respect to calling the convention in a mode which, in the light of recent experiments with special elections, is, at this juncture, far more desirable than the latter.

To show that this conclusion is well founded, it is merely necessary to advert to the fact that said amendment was pro posed, without a dissenting voice in either branch, by the General Assembly of 1891, which represented, in its membership, all parties and all classes, as well as every section and every interest within our State. With such a consensus of popular opinion favoring it, its prompt ratification must assuredly create general satisfaction and evoke public commendation. On the contrary, if not ratified, general disappointment and popular dis

content will doubtless follow, resulting, possibly, in ultimate resort to violent construction of the constitution and revolutionary methods for the purpose of securing a convention and hasty alterations of that instrument. The ratification, however, of the proposed amendment will certainly avert such a result and satisfactorily settle the protracted agitation of the question of calling the convention. For, whilst providing for the desired vote at a general instead of a special election, it also, with the object of removing all ground for uncertainty and controversy regarding the proper construction of Article IX, makes express and precise provision for the specific mode by which every stage of the proceedings for the calling and election of a convention shall be conducted.

The amendment, in reality, is a compromise between the conflicting views of those who have sought to secure a convention and early constitutional changes by hasty methods and an ultraliberal construction of Article IX, and those who have favored more deliberate methods and a strictly conservative construction thereof. By it the former may secure the express authority to have the vote respecting a convention taken at a general election whilst the latter may obtain the specific and deliberate mode by which the proceedings for the calling and election thereof shall be conducted. If ratified, it will therefore insure the coöperation of both sides in behalf of a judicious, deliberate and safe means of procuring not only a capable and conservative convention, but also the subsequent ratification of its work.

Having given this important measure my official approbation, because a due regard for the general welfare, a strict fidelity to public pledges, and a wise support of constitutional reforms seemed plainly to require its adoption, I now earnestly commend it to your early and favorable consideration.

FREE SCHOOLS.

The recommendation which I had the honor to make in my last message, that the required school books should be supplied to the pupils free of cost, having met the approval of the legislature, has been productive of the most gratifying results. From the superintendents of each of the counties it is learned that the attendance of scholars, since the law went into operation, shows a marked increase, and at the same time the school fund, which

is derived chiefly from license fees, has increased in proportion with the expenditure necessary to furnish school books free-the dividend for 1890 being $102,948.65, and for 1892, after deducting the cost of text books, being $121,080.94.

The cost of free school books for the year ending August, 1892,

As this was the first year, the amount necessary to put the law into practical operation was greatest, and it will be diminished in future years, so that a very small portion of this amount will be expended hereafter; but it is believed, in view of the beneficent operation of the law and of the popular benefits derived from this assistance to the poorer classes of our community, that every dollar, so expended, will receive the hearty approval of all good citizens.

Upon examination of the Auditor's report it will be found that at the close of the school year in June, 1892, the following amounts were in the hands of the clerks of the school districts in the several counties:

This statement would seem to show that the receipts for school purposes in many districts are in excess of the amount required for running the schools in such districts, and that the tax necessary to be levied as a condition upon which they receive their proportionate share of the school dividend is unnecessary. In view of these facts, I would recommend that the law be so amended as to reduce the amount of tax required to be levied by the school districts, and the people thus relieved of the unnecessary burden. The rapid growth of the school fund will soon be sufficient for all school purposes, and there will no longer be a necessity for any tax other than road, county and poor taxes.

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