The Columbia Democrat. [volume] (Bloomsburg, Pa.) 1837-1850, 1839-07-20


" same"
In these cases but one section was adver-
tised to be re-let, and eighteen others were
re-alloued, of which notice had not been
given previous to day of letting, and not un-
I'll the afternoon Of that day, and upon
which the hands never quis work. This
was a manifest violation Of the act of AS
sembly, and the board of canal commission.
ers having no authority TO enter nts such
contracts, nor indeed into any contract that
would be obligatory on the commonwealth,
except in the manner prescribed by law, did
no more than was imperiously demanded
by the stern dictates of dutv in resembling
the resolution of the former board, approy.
ing those illegal and Unauthorized agree
ments. They were void from the beginning,
having been entered into inviolation Of law,
and the public agents, had they been so dis
posed, had not the power to render them
binding upon the commonwealth, unless by
the suiierance Of her citizens the subject
had been permitted to pass without investi-
CATION, The facts as alleged by the present
board of canal commissioners, in their re.
port TO the House Of Representatives, on
the 22d Of May, and referred TO this COM
mittee, as before remarked, were fully cor
roborated by the testimony, and the only
defence attempted to be set up by the peli.
TONERS, was, that similar lettings had been
held by formei boards Of canal commission
ers, and that in the course pursued at Tuuk-
hammock, they followed former precedents.
Your committee did not entertain the opn
ion that if such preceden. had been prov.
en-, 1t could in any degree justify so papa.
Ole violation of the plain pro visions of the
law; but, nevertheless, permitted the peti-
TONERS to give evidence of former customs,
which, It established, might in some meas
ure go TO excuse the late board and their a.
gents, and repel the mtimalion of fraud, all
though 1t would not Justify their conduct
In lhis, however, the petitioners utterly
tailed; they showed that former canal com
nlssloners and superintendents, after sta
ting IN that public netice fully and amply
all the work that was known to be for re-
letting, inserted the provision under which
the letting at Tunkhunnoch is pretended to
be justified, VIZ: together with all Other
work that may previously he abandoned;"
out they did not produce the allotments, nor
dId they show that ,hey did not correspond
IL every important particular with the work
advertised. While they quoted the notice,
they did not refer to the aIlutments made in
pursuance OF such uutice. Without proof
that such aIlotments were made, the notices
prove absolutely nothing. The late SUPER
of the West Branch division. who
served IN that capacity from June, 1882, to
April, 1883, and who is now member Of
the board Of canal commissioners, ploduc-
ed before your commiuee all the notices Of
lettings and re-etGng ever held by him, to-
gether with everf allotment of work made
crs in 1nr.m.n. IT, al
ry instaDc.s-.sIe'eg 4 those notices. In eve.
corresg.|<e, the Fbrk allotted was found to
80 srond preci5ely with the work adver-
used, with one dr two exceptions, and in
those instances a large quantity OF work
had been advertised, and the Jobs let which
did not appear in the printed notice, did not
exceed two or three IN number, were Tf
trlling and unimporlant character, and were
never allotted 10 the same contractor that
hou dohINptIGN llGiIls sJO 'dI dS tIdL VI
vision of the public works and that officer
is concerned no such precedent was estab-
lished; and having examined the subject
carefully, the committee are satisfied that
no such custom can be proven. The peli-
TONERS did not attempt to show that any
other member of the present board had re-
cognized such custom.
Your commute, in fine, after having slric-
ly investigated this portion of the duty as
signed them, do not hesitate to concur fully
and entirely with the present board of ca
nal commissioners in the course thew have
adopted relative to the abandoned sections
on the North Branch, believing it to lave
been required by the positive iniunctions of
the law, as well as by Just regard 10 the
rights and interests Of the commonwealth.
The commitee, therefore, recommed the
adoption Of the following resolution:
ReSOiUed-That the committee be dis
charged from the further consideration of
the subject.
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The case Of the commonwealth vs. Aus
tine BOiieau, Militia Captain, who was