and the Judge, at the last moment, took the case out of the hands of the executive authorities.

The indisposition of juries to sentence to hanging, as disclosed by the record, and the excitement which the possible hanging of this man created among respectable people, leads me to the conclusion that the hanging of white men in Alabama is almost an impossibility, and excites me to suggest to you that probably it would be as well to allow the law to declare against capital punishment except in a case of an offense against women. It is monstrous to allow a law to stand which is operative only against one class of our citizens.

I call your attention to the report of the Attorney-General which you will find on your desks. The figures for two years in Alabama, as given by him, show that 669 cases of homicide were tried and of these 184 were convicted of murder in the first degree. Many of this last number were hung, but I think not a single white man. Public sentiment must be built up to the law, or the law must come down to a level with public sentiment. The two are apart.

FISH AND GAME LAW.

The passage of a comprehensive law on this subject is, to my mind, quite imperative. No real protection can be secured short of a provision which arranges for game wardens. The bill ought to be comprehensive enough to embrace other birds than game birds. It is well enough to begin at once a work looking to preventing the total extinction of our game, and as well our song birds. There will be presented for your consideration, at least one measure on this line, which will no doubt challenge. your attention and interest.

THE MATTER OF SALARIES.

The Judges of the State and the Chancellors, it seems to me, ought to have an increase of their salaries. Living is more than twice as high in Alabama as it was when some of these salaries were provided for. There is no

judge now on the bench in Alabama, measuring up to his place, who cannot earn in his profession a larger income than he is receiving from the State.

In this connection, too, I suggest you appoint a committee to harmonize the salaries of the executive officers and clerks. Many of them are high enough, perhaps, but the inequality in the salaries of officers and clerks in this building, and in some cases the insufficiency of such salaries, is most glaring.

THE NEW CODE.

Judge Mayfield filed with me on the 11th day of December the Code which your body at a previous session engaged him to prepare. In addition to the Code he submitted a report which the law provided. That report I caused to be printed and furnished to the post-office address of every member of your two bodies as soon as possible. It was sent out December 16th. This was done that members might begin their legislative work at home by scrutinizing such changes from and additions to the old Code as has been provided. I am sure the comparatively small expense, from my contingent fund, was more than justified. The constitutional limit of your session does not allow you more time than is needed and the Mayfield Report beforehand ought to facilitate the business you will have on hand. The report, together with some suggested bills from the same hand, will be laid before you.

CONVICT DEPARTMENT.

Four years ago the new system of working the convicts in the mines went into effect. There were many doubters at the time. There seems to be none now who doubt the wisdom of the departure. About six hundred convicts, about as many as are physically able to be put in the mines, are getting out coal by the ton. The change from the old system in which the State averaged, for the year before the new plan was effective, only $11.00 a head for the men leased to coal operators, provides, besides the

advantage of largely increased gains, their care by the State's own wardens, its own nurses and its own doctors. Besides the increased income we have a more humane management and a greatly reduced death rate, as will appear from the reports of the Physician Inspector. I have not at any time regretted that I caused the change to be made. The department for the past six years has been managed with signal wisdom and success, as will be more clearly seen by a report by years for the past twelve years:

The difference in the two six year terms amounts to $1,192,567.25 net.

The new system largely accounts for the difference in income for the four years, and, besides, the counties observing what the State was getting under the new State system finally induced the operators to increase the sum allowed for county convicts.

I had hoped before my term expired to see purchased one large plantation of the very best land providing quarters for all those convicts who are not fit for very hard work, dividing it up into quarters for women and children, tuberculosis people, for a general hospital, and for quarters for men, placing it all under one great management. This must be done in time.

A profitable departure for the State in the near future will be the opening of mines on the State's own account. and thus securing the operators' profits. If this is done

and properly managed the income from such convicts as may be used in the work should double the present income of an equal number of men so engaged.

COUNTY CONVICT SYSTEM.

The County Convict system is a reproach. Four years ago I advised a change of one line in the Code, requiring hard labor agents to receive the approval of the State Convict Department to proposed contracts. This would have practically put the control of the county system in the State Department. That Department was willing to see that adequate pay was given for the service of these convicts, and particularly desired to so place them and in sufficient numbers that its agents could the better overlook them. The simple remedy proposed would have added to the fine and forfeiture fund of every county and inured particularly to the well-being of the poor unfortunates. The present system is beyond words. I hardly trust myself to write of it.

CONVICT EARNINGS AND WHISKEY LICENSES.

I am persuaded that the earnings from the State convicts and as well the money derived from whiskey licenses should go to the schools, the division looking particularly to the support of reformatory institutions. One half of the criminals, certainly, I should say, are made so either directly or indirectly by the use of ardent spirits. The convict camps are largely camps for whiskey graduates. Why not take the earnings then of these unfortunates and the income from licenses to reform the boy, or strengthen him through a proper education, against future temptation. This would be a great departure from the State's financial system, and ought to be provided for with due reference to future possible treasury balances. In this connection the Municipal Code which you are to draft might provide for a minimum license for the sale of whiskey, which should be higher than known in the average city of this State before. I take it that you will pass a local option law, but not less important is a higher minimum license, dependent upon population.

BUCKET SHOPS.

One of the crying evils of the day is the gambling done through what are known as bucket shops. I am sure you will agree with me that they ought to have no legal existence in Alabama.

THE SURPLUS.

The state treasury on December 1st had a balance of $915,304.40. That is a lower point than the balance had reached in one year and would be lower than it would reach in another year, the treasury receiving and disbursing the same amount as the past twelve months. It is what we call low water time and low water mark. It marks the exact day when the income from the new tax year gets larger than the demand on the treasury. It is an absolute surplus. Indeed, I might say that the surplus is a round million, because the half year interest due on the first day of January had been taken from the treasury before December 1st and sent to New York. There may be some discussion of this position, but the money is in the treasury and it is a real surplus. The discussion, or seeming doubt of its nature grows out of an old law, which I think has been improperly interpreted by some officers, requiring school money collected in a past fiscal year to be set aside for schools in the next fiscal year. If such can be called the law now it ought to be repealed because it has never been observed in actual practice and is a most foolish provision. There is no earthly reason why this year's schools should not be taught with this year's money instead of last year's money. There has been no habit of setting the school money aside or any other money aside. For years until the latter ones, the treasury has run down at low water to the very bottom and to the last dollar.

If the State might be considered a firm or corporation and had gone out of business on December 1st, the balance of, certainly as much as $915,304.40, would have been distributed to its stockholders. It would have been free of any obligation which could have touched any part