to accommodate every part of the State, with only four hundred miles constructed.

Had we the means to complete the entire system, it would cause a wonderful transformation to take place in the settlement of our prairies, in the development of our coal mines and other mineral, in stimulating the productions of the soil, as well as the various branches of operative industry.

But great and obvious as are these advantages, there are just grounds for apprehending they will be for some time postponed to us. They cannot be built without large amounts of money. Capitalists are disinclined to invest in this direction any longer; it is claimed by many that the State ought not to give its aid; county subscriptions are now adjudged unlawful, and although this description of improvements are peculiarly adapted to the wants and the interests of the masses, they never yet have been prevailed upon to do much for enterprises of this kind. In this attitude of affairs, the question may well be propounded, how are our railroad schemes to be carried forward? The few enterprising men in the State who are engaged in this work unaided, cannot accomplish the task. A suspension would be disastrous to the best interest of the State. Already, it is known that large numbers of emigrants have located in adjoining States because of their superior advantages over us in railways. This subject is of no ordinary import, and is mentioned not because I have any specific recommendation to make, but for the purpose of asking your serious and earnest attention to our real condition in this respect, to the end that you may, in your combined wisdom, devise some method by which this work may be progressed, that the people of this State may have, under a system of completed railways, all the benefits and advantages enjoyed by the citizens of other States.

In regard to the four roads receiving land grants from the General Government through the State, as the trustee, it will be remembered that the State in the execution of this trust, imposed among others the following condition: "That in case either of said Railroad Companies shall fail to complete and equip seventyfive miles of its road within three years from the 1st day of December, 1856, then and in that case it shall be competent for the State of Iowa to resume all rights conferred upon the Company so tailing, and to resume all rights to the land thereby granted, and remaining undisposed of by the Company so failing to have

the length of road completed in manner and time as aforesaid." If, after a full and careful investigation and making all due allowances for the stringency of the times, it shall appear that any of these Companies have failed to comply with the requirements of the law and the just expectations of the people, and are now unable, either through mismanagement or other cause, to go forward with the great work committed to their charge, then it will become your duty to make such disposition of the lands granted to such delinquent Company or Companies, as shall secure to the State the benefit of the grant and give to the people along the contemplated lines all the advantages of a direct eastern outlet that they would have possessed if such default had not been made. I cannot dismiss this subject without advising the passage of an act that shall require a majority of the Board of Directors of all corporations organized under and in virtue of the provisions of our laws, to reside and keep their office of business within the State.

CAPITOL BUILDING. - This structure was erected at the expense of the School Fund, borrowed by six gentlemen of Desmoines City, for that purpose, for the re-payment of which with ten per cent interest, they gave mortgages on their individual property.

The amount of money thus obtained from the Superintendent of Public Instruction, with ten per cent. interest up to this date, (not paid) is $52,130. The building cost, including the lots and interest, up to this date, $53,733.61. The divided public sentiment in regard to the particular site it should occupy, precluded the possibility of building it at the common expense of the town or county. These men are quite unable to supply the State with so large and costly a building for nothing. The State ought not to consent to become a pensioner upon their bounty. It cannotdo so without compromising its magnanimity. She ought to own this building it is convenient, substantially built, and worth the money it cost. The State has been in the occupancy of the building over two years-made important changes and improvements upon the same-inconsistent, perhaps with the legal rights of the proprietors-and it will now answer the purposes of a State House for years. In view of these facts, it is gravely suggested whether the interest and honor of the State would not be quite as well subserved, by directing the mortgages against these men to be cancelled, assume the liabilities to the School Fund, and pay to them the difference between this fund and the cost of the building.

JAMES D. EADS, LATE SUPERINTENDENT, &c.- Under your legislation I was instructed to appoint a Commissioner to settle with the sureties of this defaulting officer, upon the basis therein specified. Robert A. Russell, Esq., a competent person, was assigned to this duty, but failed, after several attempts, to negotiate such settlement upon any terms whatever; whereupon I directed suit to be instituted against the said Eads and his securities for some $71,880 97, being the amount of his supposed defalcation. Although the cause was expected to have been tried last month, the result has not yet transpired.

GEOLOGICAL SURVEY.-Since your last session, this work has not progressed as rapidly as could have been desired. The year 1858 was mostly employed in preparing and publishing the result of the survey in the eastern portion of the State, which made a large volume, in two parts, and has drawn from the scientific world the most satisfactory testimonials of its merits. Charged as I was, with the distribution of some two or three hundred copies of this work in foreign lands, I was able, through the agency of the Smithsonian Institution, and the assistance of Professors Hall and Agassiz, to make such a distribution as will, in my opinion, tell largely for the interest of the State.

A list of the nations, societies, institutions and scientific journale, &c., to which copies were sent, will be found in a communication from the State Geologist to the Executive, herewith submitted for your inspection, and from which you will also learn other details in respect to the present condition, as well as important suggestions bearing upon the future of this enterprise.

At the time of the last appropriation the State was more largely in arrear with the expenses of the survey than was anticipated; the payment of which absorbed so much of the appropriation, that there was not a sufficiency left to form an effective organization for working out the Geology of the western part of the State, and hence in part the little progress made the last two years.

It is due however, to Professor Hall, to say that he has had two assistants in the field, working out the details of some portion of the State before explored, and which will make a part of the materials of the second volume.

In addition to this, he has already published a supplement to his first volume, containing descriptions of new species of crinoidea and other fossils, chiefly from the Burlington and Keokuk limestones, which will give this branch of the survey a very prominent position, and make the carboniferous limestones of Iowa classic localities.

It is but just toward the west half of the State, that this survey should go forward. The very favorable reception which the first volume has met with on the part of the public--the numerous applications for it from all sections of the country, which could not be supplied, and the highly commendatory notices of it which I have received by letters from scientific gentlemen, make it but too evident, that the money expended on this work, has not been lost to the State.

PENNSYLVANIA. ---This State has been pleased, in the face of the constitution, to levy a tonnage duty upon all the freight that passes over her great central rail-road, whether transported east or west, by residents or non-residents.

It is true, this duty is collected and paid into the treasury of that State for revenue purposes, from the company operating this road, but it is in fact paid from the pockets of the freighters themselves, among whom the business men of Iowa, constitute no inconsiderable a number.

This was and is a clear violation of the Federal compact, as I believed, and was advised by learned counsel, and therefore felt it my duty to direct a suit to be brought in the name of the State of Iowa against that State, to test the validity of such a law, in the courts of the country.

CODIFICATION AND REVISION OF LAWS.-The commissioners ap. pointed to prepare a code of civil and criminal procedure, and to revise and codify the laws of the State, will spread before you the work of their hands, which should engage your attention in the early session, whilst the several committees are preparing other measures for your consideration.

The very cursory reading which I have been able to give to a portion of the civil practice act, made a favorable impression upon my mind, and it is to be hoped, upon a full and careful examination by you, that it will be found quite acceptable, and that you will not feel it necessary to make many changes in the same.

INVESTIGATING COMMISSIONERS.---Under the law of 1858, requiring me to appoint commissioners to investigate the State and Executive offices, I appointed Messrs. Jno. A. Kasson, J. M. Griffith and Thomas Seeley, whose reports will be laid before you.

Their examinations have embraced the transactions of several years, and their reports contain much valuable information and statistics not elsewhere found. Indeed, a very cursory inspection of their reports, will show how full and satisfactory, and at the same time with what ability and thoroughness the investigation has been conducted; making it unnecessary, perhaps, ever to go back of these reports for additional information, in regard to the manner in which the business in these offices has been conducted. They present, in my judgment, many important suggestions respecting the executive administration, some of which may require legislation, and to which I ask your careful attention. Among the more important topics presented by them for consideration, I mention the following:

OFFICE OF SECRETARY OF STATE. In this office are deposited most of the bonds executed to the State. No provision of law exists for recording them. Many of them secure the State against malfeasance in office, in very large amounts, some of them being for over 200,000 dollars. The commissioners suggest that it should be required by law, that the officer charged with the custody of any such bonds, should immediately on filing it in his office, deliver it to the Register of the State Land Office, to be recorded in a volume to be kept for that purpose, and that such copy and certified transcripts from it, should be made prima facie evidence of the contents of the original in courts of justice in this State. The original and the copy being thus kept in separate departments, would diminish the hazards of loss by fire or otherwise.

STATE LAND OFFICE. - It appears by their report on this office, that sundry books are still wanting, to comply with the terms of the act establishing that office, and fully to accomplish the object of its establishment; also that no records or papers respecting the territorial grant of lands on which Iowa city is situated, were found in the office.

It further appears that many errors exist in the patents of lands issued by the Secretary of State, prior to the organization of this office, which demand correction and adjustment. Other impor