Constantine republican. [volume] (Constantine, Mich.) 1836-1838, 1838-02-21
From the Detroit Free prssr.

O stay of proceedings on the Southern
Railroad: Detroit, FEB. 7M, 1888.
To the Honorable the Speaker of The House
Of Representatives.:
SIR have the honor to acknowledge |
the receipt of copy of a resol uton, pass.
ed this day by the House of Representa-.
tives, requiring the acting commissioner on
the Southern Railroad "to report forthwith
to the House whether all operations have
been suspended on said route, agreeably to
the evident intent, meaning and requirement
of the Joint resolution which recently passed
the Legislature"
The joint resolution to which reference
is made, was passed on the Goth day OF
January last, and q copy thereof furnished
me on the 30th of the same month. Previ
Gus 10 that time, to wit; on tho 2Sth day
of November last, the eastern portion of the
southern route was located by resolution
of the board of commissioners, and on the
10Th and 2lst days Of December last, ]
made sale of contracts, agreably to res.
oution OF the board, and in accordance
with previous notice, for clearing and grub
Ting thirty miles Of said road, lying imme.
diately west of Monroe, and also for timber
for the superstructure of said road over the
same distance: Immediately after the let.
ting of SAID contracts, entered into writ
ten agreements, under seal with the sever
al contractors, in which they respectively
bound themselves with approved suretes,
to commence their jobs on the fifteenth day
of January last, and to finish the timber con-
tracts on or before the LIST day Of June, and
the clearing and grubbing jobs, on or be-
fore the lst day of May next. At the time
of the passage of the joint resolution, the
written contracts with the exception of one
mile grubbing and clearing when the secu.
rity was not furnished and on which no
work had been done, but the contract for
feited) were all signed sealed, and delivered
in duplicates, one part whereof was in the
hands of each contractor, one part in my
hands as acting commissioner, and the
other part prepared to be filed in the office
of the board, agreeably to resolution OF
the board. Before the passage of the joint
resolution several Of the contractors had
commenced work, and were prosecuting
the same under their contracts many OF
the contractors had underet their Jobs, and
the sub-contrac:ors were engaged in the
labor. | did not therefore deem myself
possessed of power at the time copy Of
the resolution was furnished me, to inter-
fere and stop these operations. Itappeared
to me that they were at that time beyond
nv control; but being DESTROYS to use
every endeavour to carry out the views
and wishes ofthe legislature, immediate
ly obtained legal advice on the subject o.
my right to interfere with the work OF the
contractors and laborers, and was ad.
vsed that when as acting commissioner,
legally authorized so to do, had executed
contracts on behalf of the state, and sale
contracts were signed, sealed and delivered
Us well by the contractors as by myself II
my official capacity, | had no further con
troll over the matter.
| however took the trouble Immediately
TO see as many of the contractors as posi-
bic, and to inform them Of the passage o
the joint resolution, and suggested TO then
the proprety of suspending operations or
their Jobs. They uniformly stated, that tn
state was bound by their contract and tina
for them to suspend operations for thlrt,
DAYS, would be 20 plevent them fullilln
I terms OF their several agreements, an
that they should desist from their work.
also received written communications fror
wo of the principal contractors. settin
legal reason why neither the Legislature nc
the acting commissioner could interior
. with their contracts or the work unde
: them. am informed that most of the cor
, tractors are now prosecuting their labe
agreeably to the terms Of their written col
tracts and it is for the legislature, if the
deem it an object to prevent their proceed
!, ing, to devise such method as may be e
!, fectual to suspend their operations.
In the route of the road under contra
the central line only had been staked, ar
there were some small variations in the |
> cation which it was necessary to make.
= accordingly sent out surveyors to make Il
necessary slight alterations and TO place Il
!, proper side stakes. The surveyors we
out on this duty at the time Of the passa'
= of the Joint resolution. Had these alter
!. tons not been made, the contracto
I. would have followed the centre stake
II then placed. This deviation from the pr
|" per location must afterwards have been &C
;. rected at the expense Of the state. llavi
. no opportunity of seeing the surveyors,
ter the passage. of the resolution, until tn
= should return from the work, or to not
= them to desist, part Of the labor was u
questionably performed by them after
, resolution was adopted, but before they we
, appraised of it.
take the liberty of stating the abo
:. facts in order that the House, may see
:, true situation ofthc matter in question.
- had also, previous to the passage of 81
y, joint resolution, agreeably to resoluti
- of the board Of commissioners, given pu
- lie notice that would let contracts on I
e e 3lst day ofFebruary instant, for furnishi
= timber for the superstructure OF about TO
" miles of road near Adrian, and also, will
the limits of the city of Monroe, and al
for the grading of the whole route, fr'
- the eastern termination to Adrian pro
70 ded the sum required for the same sho'
:. MT exceed the unexpended balance OF
Pr approsriation already made on the southe
,e route. In consequence of said joint reso
IN ton. Immediately caused notice to be pr