The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1855-03-20


tho third instalment came DUE Mills failed.
and assigned the contract TO j. ID. Beers, of
New York, and shortly after died. Dcers after
ward assigned tho contract TO Greon 81 Dana,
of Niles, and Green assigned the half to
r. @. Paine. After the creation of the Board
OF State Auditors, Dana e. Paine appeared be-
fore the Board, and urged their claim 10 buy
tho land at tho reduced rate (Sl2 per acfe.)-
| Brookfeld also appeared and mado the same
claim, and the Board awarded it TO him on his
| affidavit that Mills defrauded him at the time
of sale Dana & Paine appealed to the Legis
lature, and by Joint resolution (see laws 1917,
p. 1917, the Board were directed to re-examne
the claims, and if they found that Brookfed
was not Justly entitled to the land they wero
to direct tho Attorney General to commence n
suit 10 set aside the patent.
Tho Board me. and re- examined tho claims,
and decided that Brookfeld obtained the patent
by fraud, and was not entitled to hold the same.
A suit was commenced by the Attorney Gen
oral as Director. which, after long delay, was
decided against the.Attorney General by de-
fault coming to misunderstanding ofthe time
Of hearing it by the court. The court, however,
granted 10 tho claimants, Dana and Paine the
right to commence anew, but they have never
been ablo to procure the consent of the late
Attorner General, w. Hale. to use his name in
the commencement of such suit.
1t will be seen that the title to this land is
still in litigation, and admitting tho justice of
the claim of Brookfield, (which the committee
deny,) the iinpropricty of this interference in
a cause peneing in our highest judicial tribunal
is apparent.
With regard TO the catm allowed the Pbe-
nix Bank OF New York, amounting with inter
est $35, 603 "a, tho committee find that in
March 1888, John Norton. Jr.. Cashier of the
Michigan State Bank, procured of tho Phoenix
Bank of New York, sixteen thousand four
hundred dollars, and gave his receipt, for tho
Same as Cashier. Tho amount was paid as
follows, viz:
A draft of the Phoenix Bank on tho
Farmers and Mechanics Bank,
Detroit, SS,50o 90
A draft on the River Rasin Bank, at
Monroe, 1900 90
Total, SI6,4OO 90
1t is now pi ctonded that this advance was
made to Norton, rs Fiscal Agent of theState;'
how this may be, the committee express no
opinion; but they find from tho most conclusive
evidence, that the whole sum, principal, inter
est, and costs, was long since paid to the Phoe-
nix Bank, in the following manner, viz:
The draft mentioned above on tho Farmers
and Mechanics Band, was not collected until
October. 1888. when il was credited on the
books the Michigan State Bank to the Phoe
nix Bank. On the 30th of October 1910, q
fnrther credit was made on the books of tho
State Bank to the Phoenix Bank, of $780, for
interest on tho draft, and on the same day the
State Bank paid the same in full to tho Agen;
of the Phoenix Bank.
The draft on tho River Raisin Bank was not
collected by Norton, or by tho State Bank at
all; but in September, 1910, tho amount Of the
daft, with interest and cost, was fully paid by
tho River Rnsin Bank TO the Agent of tho
Phoenix Bank. Thus it will be seen that fthis
claim was ever of any forco against tho State,
which may well be doubted, it had been fully
paid and discharged for moro than fourteen
years before it was presented here for allowance.
The committee havo carefully examined the
evidence on file in the ofiico of the Auditor
General, relative to this claim, and find not
ono word of testimony of date later than
June, 1910; and even that only shows that
tho amount so advanced to Norton. stood
charged on tho books Of the Phoenix Bank, 10
J. Dclafeld, agent of the State of Michigan y
The statement of the officer of tho Phoenix
Bank to this effect is not sworn to, but as ii
Jedrs The great seal Of the Bank, the commit
tee presume it is true.
Tho committee would also state, that soon
after their appointment they wrote the Pho
nix Bank, asking for information in regard to
this matter but they havo received no supply:
and the constant and daily expectation of hear
ing from said Bank is one Of tho strong reasons
for delaying our report to this late dato. Your
committee arc aware that their report, as to
some of said claims, is worry Incomplete, owing
in part TO their constant engagement in the
S,na,o Chamber, and moro particularly to the
want of time 10 examine into claims of so long
standing, and which are wrapped up in so much
obscurty, your committee, from the evidence
produced. hayo no doubt OF the unjustness OF
these claims. But as we have no desire 10
cast imputations upon tho character of any ono
we think it important that q thorough investi-
CATION bo hed that tho true sta to of facts may
appear, as far as they can BIO ascertained; we
therefore recommend that tho Attorney Gone.
raj be instructed to investigate tho claims in
question, and publish statement Of the facts
in the true form as they appear on such invos-
tigation, and tako such action in tho case as Inc
may doom wise and prudent.
Your committee report back tho Reports
committed 10 them, with the foregoing, with
the attending documents, and the schedule OF
|, claims audited in December last, hereto at
tached, and ask to bo discharged from tho fur.
: ther consideration Of the subject.
ERASTUS HUSSEY,
GEORGE JEROME,
L. BROWN,
A. CRESSY,
,l Committee on Finance.
Lansing, Feb. 10, 1855.
| Ian