Creating the county of Prowers out of a portion of the county of Bent. Creating the county of Rio Blanco out of a portion of Garfield County. Creating the county of Sedgwick out of a portion of Logan County. Creating the county of Yuma out of a portion of Washington County. sum The total appropriations made by the General Assembly amounted to $2,955,223.51, a largely in excess of the record of former legislatures. Of this total, $1,751,425.92 was appropriated out of the general fund of 1889 and 1890 (the remainder being drawn from special funds), but a liberal estimate by the Auditor placed the income of this fund for those years at only about $1,200,000-more than $500,000 below the appropriations. In view of these facts, the Governor, on Sept. 25, addressed a letter to the Supreme Court requesting its opinion as to the legality of the action of the Legislature. The decision of the court, rendered in the latter part of October, contains the following: By section 16 of Article X of the Constitution, each and every General Assembly is inhibited in absolute and unqualified terms from making appropriations or authorizing expenditures in excess of the total tax then provided by law and applicable for such appropriation or expenditure, unless such General Assembly shall provide for levying a sufficient tax within constitutional limits to pay the same within such fiscal year. This language needs no construction: it means that the State can not be plunged into debt by unauthorized legislation. If the General Assembly pass acts making such appropriations, or authorizing expenditures in excess of constitutional limits, such acts are void; they create no indebtedness against the State, and entail no obligation, legal or moral, upon the people or upon any future General Assembly." On the question, what specific appropriations should be singled out as being a part of the $500,000 excess of appropriations, and as therefore being unconstitutional, the Court say: We are of the opinion that acts of the General Assembly making the necessary appropriations to defray the expenses of the executive, legislative, and judicial departments of the State Government for each fiscal year, including interest on any valid public debt, are entitled to preference over all other appropriations from the general public revenue of the State, without reference to the date of their passage, and irrespective of emergency clauses. We do not mean, as has been claimed, that such appropriations are valid if they exceed the limit prescribed by section 16, of Article X; nor have we considered what item or items would be entitled to the preference in case such appropriations in the aggregate should be in excess of such constitutional limit. The Court also say that, in the absence of a special decision on each particular case, the Auditor must, at his own risk, decide whether he will draw his warrant for any particular appropriation, and the Treasurer whether he will pay the warrant. In accordance with this opinion, Auditor Swanbeck examined the list of appropriations for 1889 and 1890, and cut off something more than $500,000 made for various public purposes which, in his opinion, fall outside the lines laid down by the Supreme Court. The proposed Reformatory in Chaffee County, the Normal School at Greeley; the claim of State Agent Bennett; the extra fund for new buildings on the Agricultural College grounds, at Fort Collins; the Bureau of Immigration; and the sum set apart to pay the expenses of the State Land Board, are among the items canceled by the Auditor, and for which he will refuse to draw warrants. The decision of the Court also affects the validity of appropriations of former legislatures made in excess of the revenue, by reason of which a large amount of unpaid warrants are now outstanding. Which of these warrants are valid and which not, depends upon the object for which they were drawn. Legislative Expenses.-Soon after the adjournment of the General Assembly, it was charged in the public press that great frauds had been practiced upon the State in furnishing supplies for the use of that body. A comparison of the expenses of each of the seven General Assemblies for per diem and mileage, clerk-hire, rentals, furniture, stationery and printing, showed a surprising increase in the expenses of the seventh Assembly. It was specifically charged that the Secretary of State had made a contract for, and had approved a bill of $20,478.50, for furniture for the General Assembly, while it appeared that the expenditure in 1887 for the same purpose was only $3,306.56, and in 1885, only $9,261.34. The above-named bill included an item of $1,200 for storage of furniture used by the Legislature of 1887, but no furniture could be found when needed for the Legislature this year, and a new supply had to be obtained. The Secretary had also made contracts, and approved bills of $19,989.45, for stationery supplied to members of the Legislature, a sum that would give each member a supply worth $265 for a session of three months. A bill for printing legislative documents, amounting to $6,000, was also far in excess of similar bills in former years. It was claimed that an unlawful agreement for private gain must have existed between the contractors and the Secretary, who made the contracts, and that the Auditor had been derelict in issuing warrants of the State in payment. The facts were laid before the grand jury of Arapahoe County, who found the bills to be excessive and fraudulent, and returned indictments against the Secretary and certain of the contractors. Secretary of State Rice, State Treasurer BrisThe Governor, on July 27, addressed letters to bane, and State Auditor Swanbeck, making particular inquiries with regard to the abovenamed contracts and concerning other dealings with the contractors, and calling for all official documents relating to the transactions. The Secretary of State, objecting to the tone of the Governor's letter, refused to reply until a second one, devoid of the discourteous passages of the first, was addressed to him. The replies of the accused officials were so voluminous that the Governor, on Aug. 24, called upon three citizens -Hon. R. W. Woodbury, Judge Amos Steck, and Hon. Hugh Butler-as a commission to examine the reports, to determine what they developed, and to ascertain what further action, if any, should be taken to secure a full investigation of the transactions. This commission made its report on Sept. 20, severely criticising the action of the Secretary and the Auditor. Numerous instances of absurd and excessive charges in the bills were cited. They recommended that the State officers implicated be held on their official bonds for all sums lost by the State through their malfeasance. This report was transmitted to the Attorney-General by the Governor with a notification that he had engaged two other persons as assistant counsel to aid in the proposed legal proceedings. Late in November, the Attorney-General replied that, upon consideration, it had been deemed inexpedient to begin such proceedings at present, as it appeared that the warrants issued for the bills in question had not yet been presented to the Treasurer for payment. The latter was notified that such warrants were probably illegal and should not be paid. The criminal cases against the Secretary and the contractors were continued till January, 1890. Valuations. The assessed valuation of the State for 1888 is given in detail below: Valuation. $29,896,028 50 707,541 00 528,886 00 9,840 00 10,292,877 00 751,377 00 50,165 00 10,617 00 426,708 00 215,820 00 29,541 90 66,303 00 2,570,057 00 880,644 00 2,653,990 82 $165,812,246 93 of such persons shall be indefinite, and at the discretion of the Reformatory officials. The site of the new institution is to be given to the State, and the sum of $100,000 was appropriated for buildings. But, owing to a decision of the State Supreme Court (referred to above), it is doubtful if the appropriation can be used. The State Industrial School at Golden, at the beginning of the year, cared for 139 boys and 25 girls. Provision was made by the Legislature for the erection of a new dormitory building, to cost not more than $20,000, and for completing the present dormitory at a cost of $5,000. For the next two years the sum of $60,000 was appropriated to maintain the institution. State Capitol.-The Board of Capitol Managers have been much embarrassed by the failure of the contractor. In order to place the uncompleted basement in a condition of safety, bids were invited and a contract let for $59,750. This contract completed the foundation walls. After much deliberation, and under the advice of Attorney-General Marsh and other counsel, bids were invited for the completion of the building according to the original contract. No bid for the entire work being satisfactory, the board awarded the stone and brick work for $700,000. Upon this contract $62,833.78 has been paid, making a total paid to date on the capitol building of $262,697.84. It will require $400,000 in addition to the $1,000,000 already appropriated to finish the building as originally designed. The Legislature of this year passed an act 781.969 00 providing for the levy of a tax of one-half mill in 1889 and 1890, to aid in the construction of the building. It was also enacted that the question should be submitted to the people, at the election in November, whether a bonded debt of $250,000 should be created, in addition to the debt of $300,000, authorized by vote of the people in 1883, the proceeds to be used in the construction of the capitol. Upon this question the people voted affirmatively. For the same year the valuation of Arapahoe County, which includes the city of Denver, was $55,516,175. For 1889 the total assessed valuation of the State is slightly over $194,000,000. There was a large increase in the assessed valuation of Arapahoe, El Paso, and Pueblo counties; but most of the other counties show a decrease, The assessed acreage of land in the State has increased from 4,534,938 acres in 1886 to 9,343,539 acres in 1888. Penitentiary.-The number of prisoners Nov. 30, 1886, was 298. On Nov. 30, 1888, there were 412 inmates. The management is reported to be satisfactory. The sum of $17,500 was appropriated by the Legislature of this year for building a new cell-house and shops, and for an electric-light plant. For maintenance of the Penitentiary during 1889-'90 the sum of $225,000 was appropriated. Another act of this year authorises the Penitentiary commissioners to employ such convicts as they see fit in constructing irrigating-ditches, canals, reservoirs, etc.; and for that purpose to purchase the necessary tools, to acquire or take land, and to divert the water of Arkansas river. Ditches so made are to remain the property of the State, which may lease to adjoining owners the right to take water therefrom. The Legislature also provided this year for the establishment of a State Reformatory in Chaffee County, designed to receive youthful prisoners, and persons convicted of minor of fenses. It is required that the term of sentence Coal. During 1888, 2,185,477 tons of coal were produced. Of this product 700,574 tons were shipped out of the State, mainly to points in Kansas, Texas, and Nebraska. The average value of coal on the cars at the mines was $2.20 a ton, making the value of the State production in 1888 $4,808,049.40. The average number of persons employed was 5,375. There have been 170,434 tons of coke made during the year. The officers of the United States Geological Survey say that the area in Colorado where coal has been developed covers at least 1,000,000 acres. They further estimate that the entire coal-bearing area of the State is more than 26,000,000 acres, or as large as the area of England. Militia. The Legislature of this year made a thorough revision of the law governing the State militia. In time of peace the organized militia, known as the Colorado National Guard, was limited to 1,550 officers and men. Provision was made for holding annual encampments. The force actually organized at the beginning of this year numbered fewer than 1,000 men and was insufficiently equipped. Wool. This is one of the important industries of the State, there being more than 3,000 growers in the business, including about 600 who own the stock. There are in the State nearly 2,000,000 head of sheep, and the wool production during 1888 of graded and thoroughbred sheep amounted to nearly 10,000,000 pounds of fine, fine medium, and medium wool. There has been a steady improvement in the sheep raised for ten years past. Where the Mexican then predominated there is only now and then a flock of this description. Cattle. The range cattle business in Colorado is gradually becoming a thing of the past as an exclusive business, because of the steady encroachment of farming settlements upon the plains. The number of cattle in the State is reported as 1,500,000 in 1888. About the same number was reported for each of the preceding five years. Five years previous to 1888 there were 1,000,000 cattle on the range, and 500,000 on the farms. Now there are 1,000,000 on the farms and 500,000 on the range. So the number has not changed, the only change being in the situation, which has brought with it a safer and more profitable business. The latest estimate of the annual revenue from cattle is $1,000,000. During the season of 1888, 130,000 head of cattle went to Eastern markets. Agriculture. The total yield of the principal agricultural products, as reported by the assessors of the various counties for 1888, was as follows, in bushels: Wheat, 2,516,843; corn, 908,224; rye, 38,641; oats, 1,563,385; barley, 197,016; potatoes, 2,856,864; hay, 467,800 tons. Mining. An official report of the mineral output of Colorado during 1888 shows a large increase over 1887 in silver, a great proportionate gain in copper, and a healthy growth in lead production. The gold product shows a decrease. The total increase in the four metals over 1887 is $9,204,000 in exact figures. The following is the statement: The COMMERCE OF THE UNITED STATES. Imports.-The value of the imports of merchandise into the United States for the year ending June 30, 1889, amounted to $745,131,665, the highest total ever recorded. The increase has been steady for the last four years. amount in 1888 was $723,957,114, having increased from $635,436,136 in 1884. The average for the four years 1886-'89 was $699,210,123, as compared with $667,142,028 for the previous five years, and $492,569,674 for the five years 1876-'80. The imports of articles of food and living animals in 1889 constituted 32:10 per cent. of the total value of imports, amounting to $239,140,526, as against $220,620,454 in 1888, equal to 30-47 per cent. of the imports of that year. Articles in a crude condition which enter into the various processes of domestic industry are represented by the sum of $178,646,695, being 22.90 per cent. of the total imports, as against $175,013,755, or 24.17 per cent. in 1888. Articles wholly or partially manufactured, but serving as materials in the manufactures or mechanic arts, were valued at the total sum of $83,980,302, forming 11.27 per cent. of the merchandise imports in 1889, as compared with $84,830,801, equal to 11.71 per cent. in 1888. Manufactured articles ready for consumption were valued at $146,078,917, or 19.61 per cent. of the total in 1889, as compared with $144,656,061, or 20 per cent. for the previous year. Articles of voluntary use and luxuries were valued at $97,285,225 in 1889, as against $98,836,043 in 1888, the percentages being 13.06 and 13.65 respectively. Among the articles free of duty imports of food and live animals constituted 46.52 per cent. of the whole, and among dutiable articles 24.52 per cent. in 1889. Raw materials formed 44.62 per cent. of the total value of duty-free imports, and 13-14 per cent. of articles paying duty. Partly manufactured articles destined for uses of manufacture constituted 4:33. per cent. of the untaxed, and 14.92 per cent. of the dutiable imports. Manufactured articles ready for consumption constituted 3·41 per cent. of the free, and 28.11 per cent. of the dutiable articles. Luxuries and articles of voluntary use form 1.12 per cent. of the total imports on the free list, and 19:31 per cent. of the total value of dutiable imports. The total value of dutiable merchandise imported in 1889 was $488,644,587, as against $479,885,499 in 1888; the total value of merchandise free of duty was $256,487,078, as against $244,071,615. Of the total imports in 1889 those imported direct from foreign countries are represented by the sum of $686,722,505, while $37,234,609 is the value of those imported through the exterior ports without appraisement. total value of imports entered for immediate consumption is returned as $574,081,206; that of imports entered for warehouse, $149,875,908. As respects the means of carriage employed in the import trade the merchandise brought by railroad and land vehicles was $38.226,886 in 1889, as against $32,209,459 in 1888; brought in American steam vessels, $64,453,651, as against $658.150,010; in American sailing vessels, $56,330,451, as against $55,375,288; in foreign steam vessels, $525,161,016, as against $496,127,336; in 3,334,186-46 foreign sailing vessels, $60,959,661, as against $72,095,021. 1888. $8,758,098 46 7,006,691 62 The State Supreme Court, in March, 1889, rendered a decision sustaining the constitutionality of the act of 1887, subjecting mining properties to taxation. The decision was made in the case of the Iron Silver Company. Public Lands. The filings upon public lands in Colorado during 1888 have not equaled, by nearly 1,000,000 acres, the filings of 1887. But the number of final proofs, which mean actual settlement and possession of land for homes and general purposes of utility and improvement, has increased greatly. The following is a list of new filings made in 1888, at, the various land offices, except at Glenwood Springs and Gunnison. OFFICES. Denver Pueblo. Lamar Del Norte. Central City Durango Lake City. Total Acres, 1,656,772-46 603,133 695,760 288,521 20,000 62,000 8,000 984,595 04 The tained 55,564,550 pounds of lead admitted free of duty at Paso del Norte, Siluria, and Corpus Christi, on the border of Mexico, from which country 89 per cent. of the imports of silver ore were received. The import of rags for paper stock showed an increase from 113,435,454 pounds to 142,738,858 pounds. The import of raw silk increased from 5,173,840 pounds to 5,329,646 pounds; of waste silk from 742,313 pounds to 1,221,941 pounds. The imports of spices of all kinds decreased from 27,515,564 pounds to 24,652,100 pounds. The tea imports were 78,292,116 pounds, having fallen off from 84,627,870 pounds in 1888. Tin imports increased from 31,690,583 pounds to 33,877,287 pounds. imports of raw sugar from the Hawaiian Islands were 243,324,683 pounds, against 228,540,513 pounds in 1888; of rice, 10,660,300 pounds, against 12,269,500 pounds. The The values of the dutiable imports and classes 874,430 of imports in 1889 and in the previous year are found in the subjoined table: Quinia, salts of.. Hay Hops India-rubber and gutta-percha, Of animals for breeding, there were imported Furs, dressed, and manufact'res of in 1889, 4,462 head of cattle, against 6,866 in 1888; 9,911 horses, against 10,378; and 5,926 sheep, against 18,866. The quantity of distilled spirits returned free of duty in 1889 was 1,615,316 proof gallons, against 2,795,562 in 1888. The imports of coffee show an increase from 423,645,794 pounds to 578,397,454 pounds. Fresh fish increased from 33,052,402 pounds to 47,369,361 Jewelry, and gold and silver pounds. The India-rubber import was 32,339,501 pounds, while in 1888 the quantity was 36,628,351 pounds. The imports of silver ore con Iron ore Iron and steel manufactures manufactures Precious stones and imitations of. ures of Fruits. 23,742,171 25.705,558 14,714,356 12,795,055 1889. 5,276,499 111,381 1,862,211 1,006,577 8,327,020 116,718 1,722,380 DUTIABLE ARTICLES. Leather manufactures Malt 1888. Malt liquors.. 1,363,858 Marble and stone. 965,262 Metals, metal compositions, and manufactures of. 3,126,865 2,089,281 Rice.. 2,461,704 Salt 1,156,962 943,131 4,438,481 85,122,766 455,166 Spices, ground 187,677 Brandy.. 1,119,327 Other spirits. 888.484 Sponges. 858,104 Sugar, molasses, and candy 69,494,426 Tobacco, leaf. 10,870,841 Tobacco, manufactures of. there were smaller imports of piece goods and ribbons, but an increase in laces. The imports of cane sugar were less in quantity than in 1888, being 2,275,159,226 pounds, against 2,409,757,892 pounds; but the total value was greater, being $69,495,455, against $62,388,740. The beetsugar imports increased in quantity from 61,949,144,735 752 to 243,474,041 pounds, and in value from 1,843,344 1,199,775 1,378,614 $1,594,776 to $6,957,910. The leaf-tobacco im1,244,820 1,294,811 ports increased from 18,600,142 to 20,106,881 2,400,790 2,542,888 pounds; yet the total value was about the same 1,774,891 8,005,271 in both years. The imports of cigars were about 8 per cent. greater. Potatoes were imported to the amount of 8,259,538 bushels, valued at $3,693,021, in 1888; but in 1889 the imports were not much more than a tenth as great in quantity and less than a tenth in value. Peas and beans 851,765 declined from 1,942,864 to 765,483 bushels. The 81,249,872 imports of clothing wools were 29,226,317 pounds, 10,868,226 against 23,039,679 pounds; of combing wools, 8,742,764 6,869,871 pounds, against 5,639,528 pounds; of 4,254,418 carpet and other low-grade wools, 90,391,541 8,452,359 pounds, against 84,879,546 pounds; of carpets, 11,284.978 601,791 square yards, against 892,981 square 1,5-6,079 yards in 1888; of cloths, 8,852,718 pounds, 10.417,190 against 9,989,702 pounds; of dress goods, 91,52,564,942 284,188 square yards, against 85,630,007 square yards; of shoddy and waste, 8,662,209 pounds, against 4,483,325 pounds; of yarns, 3,616,326 pounds, against 3,740,604 pounds. 8,506,949 173,668 1,076,322 318,385 7,365,424 2,269,799 The imports of live animals include 57,567 cattle, against 57,505 in 1888; 48,768 horses, against 52,033; and 398,894 sheep, against 454,213. The imports of barley were 11,368,419 bushels, valued at $7,723,838, against 10,831,461 bushels, valued at $8,076,082, in 1888. The imports of cotton piece goods increased from 27,560,196 to 30,386,189 square yards. Bituminous coal increased in quantity from 877,504 to 1,155,829 tons. Under the head of fish there was a decline in the imports of cured cod, sardines, and pickled herring and salmon, and an increase in smoked herring and other sorts. The flax imports advanced in quantity from 5,691 to 7,896 tons; hemp from 47,947 to 55,835 tons; sisal grass and other fibers from 36,401 to 38,542 tons; but jute receded from 115,163 to 88,655 tons. Under the head of fruits there was a marked falling off in the imports of oranges, lemons, prunes, and raisins. Plate glass and mirrors show a decline. The hop imports, though higher prices made the total value greates than in 1888, fell away in quantity from 5,585,033 to 3,976,158 pounds. The imports of iron ore decreased from 919,644 to 653,206 tons; pig iron from 325,517 to 183,256 tons; scrap iron from 142,087 to 34,217 tons; bar iron from 74,363,371 to 69,180.491 pounds; steel rails from 136,799 to 24,257 tons; steel ingots, blooms, and bars from 414,489,698 to 215,630,939 pounds; wire from 270,939,550 to 180,209,180 pounds. In cuttlery, machinery, and firearms there were larger imports, and in taggers' tin there was an increase from 634,944,945 to 735,737,990 pounds. The imports of cheese declined from 8,750,185 to 8,207,026 pounds. Rice imports were 122,346,138 pounds, against 87,546,501 pounds in 1888. Salt shows a decline from 690,346,266 to 582,379,147 pounds. The linseed imports more than doubled, being 3,259,460 bushels in 1889. Among silk manufactures Exports.-The exports amounted to $742,401,799, while the average for the past four years was $708,516,087. The average for the previous five years, 1881-'85, was, however, $791,892,474, while in 1880-'81 the exports amounted to $902,377,346. These figures show that, in recent years, there has been a marked tendency to decline in the export trade. The main falling off has been in breadstuffs. The exports under this head were considerably less than one half the grain exports of 1879-'80, the year of greatest exportation, when they amounted to $286,764,807. The total export of provisions and dairy products shows a slight increase on the previous three years, but was much less than in any of the ten preceding years, and one third less than the maximum of $156,809,840, which was attained in 1880-'81. The export of cotton in 1888-'89 has only been exceeded twice in fourteen years. Kerosene shows an increase over the previous two years, and was about the average in value, though above the average in quantity. Owing to Russian competition, American petroleum, while increasing in the quantity exported, is falling in price. These four staples represent 70 per cent. of the total exports. The tobacco export, which is next in importance, was smaller than in 1888. There was a decline also in cotton goods, but iron and steel and their manufactures show an improvement. The imports and exports now almost balance; the average export of the last four years is $708,516, 087, while the average of imports is $699,210,123, and, during the last two years, the imports for the first time exceeded the exports. Heretofore the balance has always been very much the other way; in 1878-'79 exports exceeded imports by $264,661,666. The movements of gold and silver have, of course, been greatly affected by this change. America usually imports more gold than it exports; the net |