Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1857-03-12
The North Branch Canal
CANAL COMMISSIONERS OFFICE,
Harrisburg, Feb, 20, 1857.


Harrisburg, Feb, 20, 1857.
HIM. T. laurence Get, Speaker ofthe House of
Representatives
SIR "a sense of public duty compels the
Canal Commissioners to call the attention of
the Legislature to subject which in their
opinion, demands immediate action.
The Legislature by the act of May !, 1855,
appointed VIM r. Mafit Superintendent of
the Upper North Branch Canal, BY the pro-
visions of that act the Board have no other
control over that branch of the Improvements
than to give or withhold their consent to /" al
tcrations of said canal and its appnrtenances."
The 10Th section Of the act provides, " that
the Canal Commissioners may, for Official
misconduct tlurrg the recess of the Legisla-
ture, suspend the appointment hereby made,
and supply the place of said Superintendent
until the meeting of the next Legislature, and
shall then report to said Legislature their ac-
ton with the causes thereof
The 40th section of the act of May 18th
1886, making appropriations for the ordinary
expenses of government, enacts, q" That no Sa-
perntendent, Supervisor, or other Agents hat
ing charge of any part of the public improve
ments belonging to the Commonwealth, shall
be allowed to contract debts in any one year
beyond the appropriation, for the division un-
der his charge, without the consent in writing
of the Board of Canal Commissioners, who
shall fix the amount thereof and if any Su-
perntendent, Supervisor, or Agent, as afore-
said, shall contract debts contrary to the pro-
visions of this act, the Canal Commissioners
are hereby required to remove from Office the
Superintendent, Supervisor or Agent who may
have contracted such debts
In their annual report to the present Legis-
ature, the Board, after re-capituating the
names of the various officers under their ap-
pontment, who had violated the act prohibit
ing debts to be incurred beyond the appropri
alton, say 1t is proper to observe that none
of their officers are now in the service of the
Commonwealth :" and that "in addition to
this unauthorized Indebtedness by officers I'M
der the control of the Board of Canal Com
missioners, VIM. r. Mallit, Superintendent of
the Upper North Branch Canal, an appointce
of the Legislature, incurred debt of SIC, 1868
As, without the consent of the Board, and in
violation of the law
Mr.. Maffit'S disregard of the law was not
known in time for the action of the Board un-
til the meeting of the Legislature AS the
act Of 1855 took the appointment of the Su-
branch of the public improvements from the
Canal Commissioners, and as the session of the
Assembly had commenced by time they could
have taken action on the subject, the Board
merely reported the fact of Mr.. Maflits viola
tion of the law to the Legislature.
They considered this course due to the ap-
pointing power. Bya rigid construction of
the act of 1886, they might have removed the
officer, notwithstanding the act of 1855 gives
them only the power to suspend during the re-
cess. The Legislature being about to convene
at the period the violation of the law was as
certaincd the Board considered it no more
than an act of courtesy to refer the fact to
that body for their action.
In the meantime the Board have not deem
ed it consistent with the law to recognize Mr..
Maf1it as an officer, being of the opinion that
that the appointees on the public improvements
whether made by the Legislature or the Canal
Commissioners would be alike subjected to the
penalty of removal for violation of the pro-
visions Of the act of 1856.
Under these circumstances the Upper North
Branch Canal is now actually without Super
intendent The near approach of the opening
Of navigation, and the important public and
private interests connected Herewith, requires
that immediate action should be taken so as to
place the line under the charge of some re-
sponsble officer.
| have the honor to be, very respectfully,
your obedient servant.
HENRY S. MOTT, President
On motion of Mr.. Ball the communication
was referred to the Committee on Ways and
Meaus