Inaugural address of  Horace F. Graham  As it appears in the  Journal  of the  JOINT ASSEMBLY  BIENNIAL SESSION  1917 Thursday, January 4, 1917 Inaugural Message   Gentlemen of the Senate and House of Representatives: I am not here  this afternoon  to give an account of a stewardship. I am here  to perform a duty  imposed upon me by the Constitution. Before I bring to your attention those recommendations I have in mind, I wish to offer a word of advice that will apply to all of us. First, do not begin  to worry as  to whether  this session will be  long or short. Set yourselves  resolutely  to  the solving  of  the  problems  as  they  present  themselves,  and  having  given  heed  to  those  matters  that  require  your attention, adjourn. Second, before you introduce a measure be certain in your own mind that a proper enforcement of the law as it now stands or a new endeavor of government requires it and that it is not urged by some personal interest. Third,  before  you  send  to  the  governor  a measure  for  his  approval,  first  ascertain  if  the  public  good  or  the protection of a private  right  really calls  for  its enactment. We already have  too many  laws more honored  in  the breach  than  in  the  observance.  Let  us  not  at  this  session  continue  to  fill  the  statutes  with  further  useless  and unnecessary legislation. When  this  nation  and  this  state  were  founded  the  wants  and  needs  of  the  people  were  few  and  simple.  As population  and  wealth  increased  and  ways  of  communication  became  more  general,  our  constantly  changing and  advancing  civilization  demanded  that  the  general  government  of  the  nation  and  of  the  state  take  on  new activities. The  form  of  the  legislative  department  of  government  has  remained  substantially  unchanged,  likewise  the judicial department, but the executive department has continued from decade to decade to increase in number of departments  and  officials. Executive  officers,  some  appointed  by  and  responsible  to  the  chief  executive,  others appointed in the same manner but apparently thereafter responsible to no one, all exercising extensive functions of  government,  some  similar  and  some  conflicting  in  character,  have  been  created;  until  today  the  problem confronting not only Vermont but her  sister  states  is how best  to  re-arrange  these different officers, boards and commissions so as to give at once a simple, an efficient and an economical administration. We cannot return to the simplicity of the fathers if we would, therefore we must try to set our house in order to meet existing conditions. Today  the state must certainly provide  for  the education of her youth,  the construction of her highways,  the care of her criminal, her insane, her feeble minded and her wayward and her unfortunate people. She must look to  her  financial  institutions,  the  proper  collection  and  expenditure  of  her  revenues,  the  encouragement  of agriculture,  the  advertising  of  her  resources  and  the  preservation  to  her  people  of  those  natural  resources  that belong  to  the  people  as  a  whole  These  and  like matters  concern  you,  and  the  ways  and means  by  which  these things shall be done, are for you to plan and work out.  The recommendations I shall make are not based on theory or hearsay but are conclusions I have reached by daily contact of over fourteen years with the business of the state. Our  large  private  corporations  are  successful  not  because  of  the  efforts  of  some  particular  individual,  but because  of  the  united  efforts  of  a  number  of  persons,  each  of  whom  is  held  responsible  for  some  phase  of  the corporation’s activities. An individual, not a group of employees, must render account and pay the penalty if his stewardship  is  not  satisfactory.  The  modern  state  is  a  business  corporation  and  should  be  run  as  such, Individuals, not boards or commissions, should be held to account by the taxpayers. By  imposing  upon  one  officer  duties  now  being  performed  by  one  or more  boards  or  commission,  such  an officer  will  require  assistance,  but  each  officer  must  be  held  responsible  for  the  acts  of  the  state’s  employees under him. As  the heads of  the numerous departments of a private corporation are advised and directed by  its president and directorate, the heads of state departments should be under the executive and a board to advise and act with him. I.  RECOMMENDATIONS. I am of  the opinion  that  in addition  to  the  six elective  state officers, constitutional  and  statutory,  the  central executive authority should be vested in a board of state control, composed of the governor, the commissioner of agriculture  and  forestry,  the  director  of  state  institutions,  the  purchasing  agent  and  the  state  engineer,  the governor  acting  as  chairman  of  the  board  and  his  secretary  of  civil  and  military  affairs  as  its  secretary  and recording officer. Appointments made by the governor should be subject to the approval of the board of control, except  appointments  of  members  of  the  public  service  commission,  the  commissioner  of  taxes,  the  bank commissioner  and  the  members  of  this  board,  and  these  officers  should  be  nominated  by  the  governor  and confirmed  by  the  senate.  This  board  with  the  chairmen  of  the  finance  committee  of  the  senate,  the  ways  and means  and  appropriations  committees  of  the  house  should  perform  the  duties  now  imposed  on  the  budget committee. The board  should  also  assume  the duties of  the board of public printing. The governor  should have the  power  to  remove  any  executive  officer  appointed  by  him  and  confirmed  by  the  senate  or  approved  by  the board who in his judgment is not properly performing the duties of his office. This board of control should meet at least once each month, assume the duties now performed by the board of visitors to state institutions, and also have the powers of visitation and investigation over all institutions receiving state aid, directly or indirectly, and if  in  the  opinion  of  the  board moneys  derived  from  the  state  are  not  being  properly  expended,  suspend  further payment  thereof  until  satisfied  that  the  fault  has  been  corrected.  The members  of  this  board  should  receive  no further  emolument  than  their  official  salaries  but  should  be  allowed  their  actual  and  necessary  expenses,  The salaries  of  the  chiefs  of  the  different  departments  should  be  fixed  by  statute  but  the  number  of  employees allowed  to  each  department,  the  purpose  of  their  employment  and  their  compensation  should  in  all  cases  be determined  by  the  board  of  control. Each  institution,  department  or  office  should  receive  a  fixed  appropriation for  its  support  and  out  of  this  fixed  appropriation  should  be  paid  every  expense  incident  to  the  conduct  of  the institution, board or office,  including even  the printing of  its biennial  report. The board  should  require monthly reports of all work done and the substance of these reports should be given monthly to the public. II.  STATE TREASURER. The salary of  this official should be $3,000.00. His duties as  treasurer should be  the same as at present; and in  addition  thereto,  if  it  is  thought  best  to  continue  the  department  of  weights  and  measures,  he  should  act  as chief  of  the  bureau  of weights  and measures  and,  subject  to  the  approval  of  the  board  of  control,  appoint  such inspectors as may seem best. III.  SECRETARY OF STATE. The  salary  of  this  official  should  be  $2,000.00  as  secretary  of  state;  $1,000.00  as  chief  of  the  bureau  for licensing motor vehicles, and $500.00 as chief of the bureau of publicity, and he should also act as a member of the board of corporation tax appeals. IV. AUDITOR OF ACCOUNTS. The salary of  this official should be $3,000.00. His duties should be confined  to auditing  the bills presented against the state and further he should act as a member of the board of corporation tax appeals. V.  ATTORNEY GENERAL. The  salary  of  this  official  should  be  $3,000.00. His  duties  should  be  the  same  as  at  present. He  should  not have  the  right  to  contract  for  assistance,  legal  or  otherwise, within  or without  his  office,  in  behalf  of  the  state, without  the  approval  of  the  board  of  control,  or  for  detective  service  in  an  amount  in  excess  of  $200.00  in  any case without the approval of said board.   VI. BANK COMMISSIONER. The salary of this official should be $3,000.00. His duties should be the same as at present. All fees received from  investment  companies  should  be  paid  into  the  state  treasury  without  being  charged  with  the  expense  of supervision.  The  savings  banks  and  trust  companies  should  no  longer  be  assessed  with  the  expense  of supervision. VII. COMMISSIONER OF TAXES. The salary of  this official should be $3,000.00.   His duties should be  the same as at present. He should also look after  the  licensing of peddlers, auctioneers, foreign corporations and  fourth class  liquor  licenses,  in  fact he should be the sole licensing authority except for the licensing of motor vehicles. VIII. PURCHASING AGENT. The  results  of  the  conduct  of  this  office  show  conclusively  that  it  has  worked  a  considerable  saving  to  the state. When the bill establishing this office was originally introduced, it was proposed that the purchasing agent approve  all  the  bills  for  material  bought  and  forward  them  to  the  auditor  for  audit  and  payment.  As  it  was uncertain  just how  the plan would work,  it was  thought best  in  the final analysis  to permit  the purchasing agent to  draw  on  the  treasury,  pay  the  bills  direct  and  return  the  receipted  bills  as  vouchers  for  the  money  drawn.  I now  recommend  that  this  practice  be  discontinued  and  that  the  purchasing  agent  approve  all  bills  for  material purchased and forward them to the auditor of accounts for audit and payment. IX. DIRECTOR OF STATE INSTITUTIONS. This officer should exercise all  the functions of  the board of penal  institutions,  trustees of  the state hospital, trustees of the state school for feeble minded children, and act as a member of the board of control. X. COMMISSIONER OF AGRICULTURE AND FORESTRY. This  officer  should  perform  the  duties  now  performed  by  the  board  of  agriculture  and  forestry,  the commissioner  of  agriculture,  the  state  forester,  the  live  stock  commissioner  and  the  state  ornithologist,  and  he should be director of the state schools of agriculture and should be a member of the board of control. XI. STATE HIGHWAY COMMISSIONER. The duties of this official should be the same as at present. He should have for assistants a proper number of district highway commissioners at an annual salary of $1,000 each. XII. DIRECTOR OF PUBLIC HEALTH. This  officer  should  exercise  all  the  duties  of  the  board  of  health,  be  ex  officio  chief  of  the  state  laboratory, chief  of  the  tuberculosis  commission  and  with  two  physicians  duly  appointed,  sit  as  a  board  of  health  to  issue orders on occasions of public peril, discharge  inmates from  the state hospital, Brattleboro retreat and school for feeble  minded  children,  and  have  the  power  of  visitation  at  all  penal  and  reformatory  institutions  and  at  all institutions where  the  insane are confined. If  this recommendation  is adopted,  the supervisors of  the  insane will not be needed. XIII. COMMISSIONER OF INDUSTRIES. This  officer  should  perform  all  the  duties  now  performed  by  the  industrial  accident  board  and  the  factory inspector and should look after the enforcement of the child labor laws and the laws governing the employment of women and the weekly payment of wages. XIV. FISH AND GAME COMMISSIONER. The  salary  of  this  official  should  be  $2,000.00.  His  duties,  the  same  as  at  present;  but  he  should  not  be permitted  to  establish  new  hatcheries  or  rearing  stations,  game  refuges  or  game  wardens’  quarters  without  the approval of the board of control.   XV. STATE GEOLOGIST. The  salary  of  this  official  should  be  $1,500.00. His  duties,  the  same  as  at  present;  but  he  should  no  longer act  as  curator of  the  cabinet, but with  the president of  the Vermont Historical Society nominate  to  the board of control for appointment a curator of the cabinet and the collection of the Historical Society, who should be paid by the state. XVI. STATE ENGINEER. The  state  employs  civil  engineers  in  connection  with  the  work  of  the  public  service  commission,  highway commissioner,  board  of  health  and  attorney  general.  Moneys  so  expended  are  amply  sufficient  to  employ  an engineer  and  to  provide  for  his  necessary  office  assistance,  and  I  believe  that we  should  establish  the  office  of state  engineer.  This  officer  should  take  charge  of  all  the  engineering  problems  arising  in  all  the  state departments except such as can be handled by the district highway commissioners, the highway department, act as boundary line commissioner and as conservation commissioner. XVII. THE BOARD OF EDUCATION. The  board  of  education  should  remain  as  at  present  having  the  power  only  so  far  as  appointments  are concerned  of  selecting  the  district  superintendents,  the  teacher  training  and  normal  school  force  and  of nominating to the board of control a commissioner of education XVIII. INSURANCE COMMISSIONER. I believe we  should establish an  insurance department  for  the  examination  and  supervision of  the  insurance interests and place in the care of an insurance commissioner the conduct and management of our state insurance and make him ex officio fire marshal with power to investigate all suspicious fire losses. XIX. I  have  made  specific  recommendations  as  to  the  salaries  of  certain  elective  and  appointive  officers, believing  that  the  state  should  pay  a  fair  remuneration  for  service  rendered,  taking  into  consideration  the  fact that the cost of living has increased and is not likely to decrease. The salaries of certain other officers should be raised and adequate compensation given the new officials I have recommended. XX. EDUCATION. The present educational  law and system should be continued  in  force. The direct appropriation made by  the state  of  $130,000.00  should  be  increased  to  $225,000.00,  but  there  should  also  be  charged  against  this appropriation  the support of  the normal schools now costing $25,000.00 and  the higher  instruction now costing $49,000.00 and the expense of all the vocational courses and of the junior high schools. XXI. HIGHWAYS. The  appropriation  for  the  support  of  highways  should  be  increased  to  $225,000.00  and  should  be  available to incorporated villages under proper statutory regulations. Some plan should be adopted for extending state aid under state supervision  to  roads other  than selected highways. Since many owners of automobiles do not reside upon  selected  highways  and  as  our  automobile  traffic  is  not  confined  to  such  highways,  some  part  of  the automobile fund should be available for the improvement of roads that have not been made selected highways. A1l  the expense of  the highway department  including  the pay of  the commissioner and his office  force,  the district  highway  commissioners  and  the  maintenance  of  draw  bridges  and  the  Sand  Bar  bridge  should  be charged against the highway funds. XXII. REVISION OF THE STATUTES. No.  242  of  the Acts  of  1915,  provided  for  a  general  revision  of  the  entire  body  of  the  public  statute  law  of the  state.  The  work  of  the  commissioner  having  this  matter  in  charge  will  soon  be  submitted  to  the  general assembly  under  the  title  “General Laws  of Vermont.” As  hundreds  of  changes  have  been  recommended  by  the commissioner,  it  will  be  impracticable  for  any  committee  to  undertake  to  go  over  the  work  without  outside assistance  and  I  recommend  that  by  joint  resolution  the  attendance  and  service  of  the  commissioner  before  the legislative  committee  having  this  revision  in  charge  be  provided  for  during  the  session  and  that  adequate stenographic assistance be at once authorized. XXIII. COURTS. I believe  that  there should be elected by  the board of civil authority  in each  town  in  the state and  the city of Vergennes  a  trial  justice  for  criminal  causes who  should  have  authority  to  bind  up  to  the  proper  court  persons charged with any offence but should only have a limited criminal jurisdiction and should not at any time sit with a  jury.  This  officer  should  be  paid  by  fees  and  should  make  quarterly  settlements  of  his  accounts  with  the auditor of accounts. I further recommend that the civil jurisdiction of justices of the peace be limited to $100.00. I recommend that the municipal and city courts be reorganized into twelve district courts covering the whole state  and  located  with  regard  to  business  centers  be  given  enlarged  criminal  jurisdiction  and  final  civil jurisdiction  up  to  $500.00;  that  they  be  empowered  to  sit  with  the  jury  at  least  once  every  two months  and  be permitted  to  hold  court  at  any  place  in  the  district where  the  business  demands.  I  recommend  that  the  superior court  be  done  away  with  and  that  the  number  of  justices  of  the  supreme  court  be  increased  to  nine,  the  chief justice and the first and second associate justices not to sit at nisi prius unless the business demands it. The chief and  first  and  second  associate  justices  should  so  arrange  the  circuits  that  each  justice  may  remain  at  least  one year  in  a  circuit. There  should  be  two  jury  terms  of  county  court. The  court  should  be  open  at  all  times  for  the trial of issues of fact by the court, under rules to be formulated by the justices. There should be only three terms of  the  supreme  court,  in  February, May  and November,  at Montpelier. Only  five  of  the  supreme  court  justices should sit at each term, the third and fourth associate justices sitting at the general terms to be designated by the chief justice, this designation to be so made as not to conflict with the work of the county courts. If an opinion is not filed at the close of the second succeeding term after hearing, the case should be remanded and judgment of the lower court affirmed. The presiding judge at each term or session of a county court should fix the number of deputies  to  attend  and  leave  his  certificate  to  that  effect  with  the  county  clerk  to  be  handed  to  the  auditor  of accounts.  No bellman or janitor service should be allowed in any county where the state pays part of the janitor service. I also recommend that in those counties which now contain two probate districts, with perhaps the exception of Windsor and Orange, the probate districts be consolidated into one district for each county. XXIV. PAROLE SYSTEM. I  have  given  considerable  care  to  an  investigation  of  our  parole  and  probation  system  and  I  believe  our present plan will be improved by a state-wide plan in the hands of those who are in full sympathy with the work and who believe it better for the state to endeavor to prevent crime rather than to await its commission and then punish  the  offender. We  now  spend  about  $1  biennially  on  this  branch  of  the  criminal  administration,  and  this sum I believe would be sufficient to establish a state probation and parole board. XXV. STATE DETENTION FARMS. I  further  recommend  that  you  take  some  action  looking  toward  the  establishment  of  state  detention  farms where  long  term prisoners may be  employed but  I would not  recommend  that  this be  adopted  as  a  fixed policy by  the  state until  an opportunity has been given  to  try out  the plan on  a  reasonable basis near  to  those  counties which usually have the largest jail population. XXVI. Power  should  be  vested  in  the  executive  to  transfer  from  one  institution  to  another  and  from  one  jail  to another and to a detention farm, if one is created, all persons under sentence. XXVII. I recommend an appropriation of at least $10,000.00 for further construction at the industrial school.   XXVIII. We  should  also  consider  the  construction  at  one  of  our  institutions  of  a  woman’s  ward  or  prison  to  which institution  all  female  prisoners  should  be  sent,  including  those who may  be  confined  in  jail  or  held  for want  of bail for trial. XXIX. There  should  be  a  further  appropriation  for  the  construction  of  new  buildings  for  the Vermont  state  school for feeble minded children, at Brandon. XXX. The  expense  of  the  appraisal  of  the  lands  and  property  in  the  unorganized  towns  and  gores  should  be  paid from the taxes therein collected under the provisions of the Act of 1912. XXXI. Some  fixed  rule  should  be  provided  by  statute  for  the  use  by  a  state  official  of  his  own  automobile  when engaged upon the state’s business. Some  legislation has been prepared  to carry  into effect a portion of  these  recommendations and  this will be submitted  to  you  for  your  consideration  within  a  few  days  by  the  gentlemen  who  have  had  this  preparation  in charge. Whatever  action  you  may  decide  to  take  with  reference  to  the  recommendations  I  have  made,  I  know will  be  the  result  of  your  careful  deliberation  and  honest  judgment.  I  shall  be  glad  at  any  time  to  discuss  with you  individually or  in  such way as you may deem best my  reasons  for  the  faith  that  is  in me.  In making  them  I am prompted by one motive only—a better Vermont. By  cutting off  a  few dollars here  and  a  few dollars  there, no  considerable  saving  will  be  effected,  but  by  a  united  effort,  by  team  work,  by  supervision  and  a  careful scrutiny  of  the  work  of  each  department  as  it  proceeds  and  the  results  accomplished  therein  from  month  to month, many dollars may be  saved both  for  the  taxpayer and  for use where most needed.   Duplication of effort will be  avoided  and  in  a  short  time  each department of  state will be  able  to  show  a more  efficient management and greater results than we can possibly expect under our present system. The  bright  light  of  publicity,  the  spur  of  competition  with  proper  supervision  and  the  advice  of  a  general board  will  soon  place  our  governmental  activities  upon  a  business  basis.  We  shall  thus  be  able  to  set  side  by side  from  day  to  day  our  wants  and  our  means  and  be  thus  better  able  to  determine  those  wants  that  are necessary and, when properly met, will make for a better government. The Governor having concluded the reading of his message, withdrew and the joint assembly dissolved. GUY W. BAILEY, Secretary of State, Clerk.