Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-05-04
Tho claim of Iohn Gin

BEREA, May I'd, 1859.
EDITOR OF MuRNING LEADER:-I have before
me Saturdays Leader, in which find an article
respecting the action of the Legislature IN al
lowing the claim of Mr.. John Gill, signed
" Enquirer" which indirectly asserts that the
majority of the Legislature were misled and
also " Enquirer" enquiries, =" Why this bill was
not defeateil How it could escape the vigi-
lance of the members from your city and county
is passing strange" And " Enquirer" appears
to think it would be interesting to know who
Gilrs agents and lawyer were what machinery
he contrived TO mislead the majority in the
Legislature and then winds up with the un-
qualified assertion that Gil's claim was unjust
aud groundlcss
In reply to " Enquirer" permit me to inform
the writer of that article, whoever he may he,
that the claim of Mr. Gill was more thoroughly
Investigated than perhaps any claim presented
to the Legislature for adjustment in many
years. As a member Of the Committee on
Claims for three years past, l know / assert the
truth when | state that the Committee, with the
report of the Investigating Committee of the
last Legislature before them, entered upon the
examination of this claim with the utmost eau
tion, and with the most mature deberation IT
Many witnesses were examined, and the report
of the former Investigating Committee used as
pTompter to the examination of these wit.
nesses. All plans, specifications, plans of
building and other documents that could be
found were had, and the Joint Committee of the
Senate and House visited the Northern Lunatic
Asylum, after having spent much time in the
Investigation of the claim, and personally in.
spccted the work. One or more Of the members
of the Committee were builders, and therefore
fully competent to point out defects in the job
done by Mr. Gill. The following were the facts
established in the minds of the Committee after
the most careful aud serulinizing, and | will
add, arduous investigation
lst That the plan Of the building which the
| Investigating Committee had before them when
they made their investigation was not the plan
on which the building contract with Mr Gill
was entered into. Hence the errors in their
report. This fact was thoroughly attested by
one of the members Of that former Committee
in his testimony as taken before the Committee
on Claims This fact being we'll established, it
was easy TO perceive that the report of the for
mer COMMITTEES was, though not Intentionally,
| incorrect Another fact was we'll established
which was that Mr. Gill made no charge in spe
lcifed amounts for the extra labor performed,
labor not included in his contract, but that the
Agents of the State and Mr.. Gill each selected
master builder, and they from personal
| inspection and view Of the work done, fixed
the amount that Mr.. Gill should receive and
that amount together with the original contract
price was certified to by the legally authorized
| agents of the State, and seventy five per cent
of the amount paid, The balance Of 20 per
cent constituted large portion OF Mr. Gill's
claim In addition to this Mr. Gill had per
formed some labor under the direction of the
Superintendent, after the Asylum went into Op-
Grafton Mr.. Gill had commenced a suit against
the State for the balance claimed TO be due him,
aud il was understood by the Committee that
the State officers, or some il not all Of them
were in favor of the claim being adjusted by the
legislature II it could be done on equitable
terms The Committee on claims made such a
deduction from the amount claimed by Gill, al
in their opinion should be made for the imper
lection in some part Of the work done by him
Ia fact, reduced the amount in double the
amount which according 10 statement made be
fore the committee, would make the entire jot
eomplete, and reported the balance as in their
opinion due Mr.. Gill and should be paid, whicl
recommendation was agreed 10 by the majority
Of the legislature. The entire difficulty In thii
case undoubtedly grows out Of the fact that th'
Committee Of the former legislature based al
their calculations on the frat plan drawn for thl
Asylum building. And, as no building on thai
plan could be erected for the amount Of money