SCHOOL BOOKS

Recently I authorized an investigation by the Attorney General and the State Superintendent of Education relative to the price being paid in Alabama for school books. It was ascertained that higher prices were being charged in Alabama for some school books than was charged in other States. The Alabama law contains a requirement which is intended to compel the sale of school books in Alabama at as cheap a price as the same book is sold in other States. This provision of the law states that the price is to be the same in other States "where like conditions prevail as are prevailing in this State."

Some of the publishers who are discriminating against Alabama contend that they are not violating their contract because of this particular provision inasmuch as an alleged different method of distribution of books has been agreed upon by the publishers and State Board of Education as the best method of handling such distribution, which in some minor particular probably differs from the method of distribution in States securing a cheaper price.

It is the opinion of the Attorney General that this discrimination against Alabama is in violation of the present contract and several of the book companies have met the State's contention by adjusting and lowering their prices. I have authorized suits against those publishers which have not given Alabama the benefit of the lower price. In this connection I wish to advise that the laws of the State relative to school books be modified so that there will not exist any grounds for the technical contention which is now being made by some of the book companies to maintain a higher price for books in Alabama than in some of the adjoining States. And as far as possible the constant changing of school books be eliminated. I concur in the recommendation made to you in person on this subject by my successor.

STATE HIGHWAY DEPARTMENT

Perhaps the most intricate department, is that of the State Highway Department. It has been subjected to more criticism. perhaps than any other, because of the difficult problems with which it has had to deal, and yet, in face of criticism and great difficulties, the Commission has done much constructive work.

In 1911 the Highway Department was organized. Its first members were R. E. Spraggins of Huntsville, John Craft of Mobile, V. B. Atkins of Selma, Dr. Eugene A. Smith of Tuscaloosa, and G. N. Mitcham from Auburn. These men have and deservedly have a high place among the leaders of thought.

The present Highway Commission is composed of Hon. Jno. A. Rogers, Chairman; Hon. L. G. Smith and Hon. R. P. Boyd, As

sociates-with Col. W. A. McCalla, Chief Engineer. These men have wrought constructively and history will write them as the pioneers in road construction in Alabama. Not one murmur of misappropriation of funds or wasteful use of money has been heard. To my mind, they should be commended for their splendid work.

Below is a resume which shows in some detail the work accomplished by this Administration and Highway Commission.

During the administration just closing, twenty millions of the twenty-five million dollar Bond Issue have been authorized and sold; three millions having been sold prior to October 1st, 1922, and there yet remain to be sold two million.

I desire to enumerate as briefly as possible the results obtained by the expenditure of this fund.

Prior to October 1st, 1922, the beginning of the financial obligations of this administration, there had been completed four hundred (400) miles of road in Alabama, one hundred thirtyfive (135) miles of which were completed entirely from County funds and two hundred sixty-five (265) miles were participated in by State Funds.

On October 1st, last, there had been completed out of State funds on Federal Aid Projects one thousand two hundred fortyeight (1248) miles and on State Projects three hundred ninetyone (391), making a total of one thousand six hundred thirtynine (1639) miles, not including the one hundred thirty-five (135) miles constructed by counties making an increase in mileage completed during the four (4) year period of one thousand three hundred seventy-four (1374).

There were about four hundred (400) miles of road under construction on October 1st, 1922, and there were eight hundred (800) miles under construction on last October 1st, or an increase of four hundred (400) miles.

When the present program is completed there will have been completed in the State of Alabama, as follows:

Completed by County Funds..
Completed by State Funds..

Under construction, State Funds.

135 miles 1,639 miles 800 miles

2,574 miles

In addition to the above bids will be received on January 12th and 14th on sixteen (16) road projects aggregating 102 miles which will be placed under contract by January 17th.

The amount of funds now available, including a small amount from the old balance brought forward from the other administration in the amount of $125,284.94, and refunds from the Fed

eral Government and the two millions of bonds unsold will complete the prograni.

These facts are set out in detail on page two (2) of the Examiner's Report on the Highway Commission.

With reference to the book balance of over a million dollars to the credit of the Highway Commission on October 1st, 1922, it is a matter of common knowledge that this sum was not available in cash but the receipts which went to make up this balance had been expended for General Purposes, under a former Administration.

Therefore, when this balance is reduced it must be taken from the General Fund receipts and I have repaid about three hundred thousand ($300,000.00) Dollars of this amount from that source.

MAINTENANCE OF ROADS

The maintenance of our Public Highways is just as important a matter as the continued construction of them, and probably more so. It is only through the proper maintenance of highways that the original investment may be conserved.

About seventeen hundred (1700) miles of road have been taken over for maintenance during the past four (4) years, and on October 1st, there were being maintained two thousand (2000) miles.

This mileage is made up of the one thousand six hundred thirty-nine (1639) miles completed by State Funds, one hundred thirty-five (135) miles constructed by Counties under the supervision of the Highway Commission over one hundred (100) miles of trunk highways, which was not built under the supervision of the Commission but which it was necessary to maintain in order to make continuous travel possible and about one hundred fifty (150) miles of projects which are still classified as under construction.

That good roads well maintained have a direct influence on the General Fund of the State is evidenced by the increase in the assessed valuations and taxes collected.

I wish to call your attention to the recommendations of the Commissioner of Maintenance, Hon. R. P. Boyd, in a letter embodied in the Auditor's report which states that by October, 1927, the Auto License tax will not provide sufficient funds for maintenance of roads constructed after that date.

Within another year about a million dollars per year will be needed for maintenance of state roads and this sum will continue to grow so long as roads continue to be built and the present ones become older.

I am of the opinion that some definite provision should be made for the continued maintenance of roads independent of

any fund created to pay interest and retire bonds for road construction.

To quote from the last paragraph of a letter from R. P. Boyd, Commissioner in charge of Maintenance, which is made a part of the Examiner's Report, which reads as follows:

"If Alabama is to keep pace with the march of progress, the road system so well begun must be connected, but to build without adequate provision for maintenance will in the end, defeat the very purpose of construction."

At the beginning of this administration the Highway Commission consisted of twelve (12) members.

The Legislature of 1923, in its wisdom, changed the form of the Commission and reduced the membership to three (3). It was the opinion of that body then and is mine today, that such a Commission can function more efficiently and effectively and I recommend the continuation of the present form.

In this connection I wish to refer to the criticism that were heaped upon this Commission until the report of the Examiners of Accounts was made public. After careful and painstaking study a very exhaustive report has been submitted by Messrs. Hankins and Henry on the activities of the Commission. This report is too voluminous to be made a part of this message except as a separate document. It is in the printers' hands and a copy will be furnished each of you as soon as it comes from the press. I request that you give this report the most careful study as it treats in detail of the work of the Commission.

I quote from that report, however, some of the comments made with reference to the personnel of the Commission.

"We have not been unaware of the criticisms of the Department that have been given circulation and the futrher fact that these inferences of inefficiency and mismanagement have, in too large a measure, fallen on fertile soil.

We are sorry that there will be those who will look for, and expect to find, references in this report to such matters; and we are delighted to be able to inform Your Excellency that, after exhausting all our resources, we have failed to find one scintilla of evidence of GRAFT, MALADMINISTRATION, or MISAPPROPRIATION of funds. We refer, of course, to the expenditure of the funds as authorized by the Statute. We would not if we could, and could not if we would, comment on the wisdom of all expenditures. That is a matter of policy strictly in the hands of the Commission and the question of whether the types of the road, the alignment or grade, was correct is an Engineering problem and does not come within the purview of this examina

That mistakes have been made by the Commission is more than likely, for "it is human to err," but even these have a value in that through our mistakes we become more perfect by learning to avoid them.

We are convinced of the fact that Hon. John A. Rogers, Chairman; and Hon. L. G. Smith and Hon. R. P. Boyd, Associate Commissioners, and their predecessors in office, are men and citizens whose integrity is beyond question, and who have been, and are, devoting their time and energy to their work in a patriotic spirit and with the purpose of rendering their best service to the entire State. All of these gentlemen have been identified in some way with every progressive movement for the betterment of roads in Alabama. Some of them as engineers, have been employed for many years, and in this capacity have given the State the benefit of their experience and technical training, but we doubt if any State can boast of a citizen that has given to it a service with less manifestation of selfish interest, or devoted a greater part of his time and talent, with the same degree of consciousness of a public trust, and to our belief, without hope of future reward, than has Chairman Rogers. While in some instances we have had to disagree with his policies we do not question his sincerity.

We are sure that the future years will bring about a full ap→ preciation of this service in the minds of the citizens of Alabama and that upon the foundation he and his associates have laid for Highway construction in Alabama will be builded a monument of progress upon which the names of John A. Rogers and his associates will be indelibly carved."

I wish to add my endorsement to this tribute and know that those of you who really know the gentlemen who have composed the Highway Commission will agree with me.

I quote below excerpts from the special report of the Highway Commission made to me:

"The completion of the work under way at the end of your period will practically exhaust the funds available for highway construction from the twenty-five million dollar bond issue heretofore authorized, and from such surplus money as became available from automobile license fund after this fund had supplied a sinking fund to retire the twenty-five million dollar bond issue, funds to pay interest on outstanding bonds, and funds for maintenance of completed highways and for the operation of the Highway Department.

"We wish to call your attention to a report of your Auditors showing the expenditure in each County. Where the Counties have not received their quota according to the law, we have left unexpended bonds or auto license funds to cover the appropriation legally due those Counties.