Ashtabula weekly telegraph. [volume] (Ashtabula, Ohio) 1853-1873, 1859-01-08

vision has been made II seems hishlv
probable that, had the necessary authrity
been conferred by the Legislature on the
Commissioners Of the Sinking Fund, the
means to pay so much of this debt as will
not be discharged by other resources, might
have been obtained during your recess
through new loan at eve per cent. or even
a less rate IL may be that such n loan
can yet be negotiated, and trust that the
magnitude Of the saving to be thus effected
will command for this subject your earliest
attention.
Under the operation Of the very saIutnry
act of the last session in relation to the
Sinking Fund, the sums legtimately be-
longing to it, but heretofore appropriated
under legislative sanction, to other State
purposes, will doubtless be replaced through
the additional levy required by the act, aud
future diversions to any other uses than
those to which the Fund is pledged, will be
prevented. Under another act providing
means for reimbursing the temporary loan,
over two hundred thousand dollars will soon
be paid into this fund. 1t will not be re-
quired for payment of the loan until July,
1860 Provision should be made for its
safe and productive Investment during the
interval
a u net of the last session prescribed
rule for the uniform taxation of banks -
The justice OF such rule cannot he sue
cessfully impeached, nor can il be deuiec,
that property employed In banking should
bear q proportion of the common bur.
den equal to that imposed on property 9TH
erwise used. Upon the point whether the
rule prescribed is in fact equal, differences
Of opinion may well exist; hut repeated dc.
cisous of the Supreme Court Of the State
leave no room for question that the rule Of
the act is, substantially, he rule Of tho
Constitution; or for expectation that it can
be materially changed, while the COnstitu-
ticn itself shall remain unchanged.
1t is claimed. however, by The Banks or
ganizcd under the act of lS45, ncorporat-
ing the State Bank of Ohio and other
Banking Companies, that the section Of
that act, prescribing the rule of taxation
for them, is a contract, not liable to be inn
paired by subsequent legislative or cotlSci.
tutional provision; and that they are, there
fore, not liable to he taxed by a different
rule, however warranted by constitution or
law in respect TO Institutions not similarly
protected. This claim, originally asserted
against the rule of taxatiOn established by
the net of 1852, was denied by the ST.
preme Court Of the State, bnt sustained hy
the Supreme Court of the United States
Notwithstanding the latter decision. the
Supreme Court of the State. in Judgment
Of the December Term 1851. has nnnounc-
ed its adherence 10 It's original position.-
The claim of the Banks therefore cannot be
recognized as valid by the officers of tie
State.
These institution, however, relying upon
the decision of he Supreme Court of the
United States, have placed to the credit OF
the State. as heretofore. the taxes required
by the net Of l845, aud have made no re.
turn for taxation nndcr the act of last ses-
sion. In some instances injunctiOuS have
been obtained from the Federal Courts, re-
srraining the proper officers from the exc
cution Of the law. These injunctons aud
some defects in the act indicated in the r.
port Of the State Auditor, have prevent
any collection of taxes under il. while tie
law itself has prevented the collection of
the sums set off in lieu of taxes under the
act of lS45.
These circumstances have caused some
diminutiOn of the revenue, and present the
question whether the State will again con-
test in the Federal Courts the claim TO ex-
emption set mp by the Banks, or SD modify
the act of last session as to suve the Banks
claiming it from its operation Shonld the
first of these alternatives be preferred, some
amendment of the act may be found neces-
sary, and adequate provision for the una
voidable litigation should be promptly made.
The acts Of the last session, appointing
certain citizens to appoint Directors of the
Penitentiary and Commissioners of the
State House, having been adjudged uncon-
stiutional by the Supreme Court. the Board
Of Directors and the Board Of Commission
ers organized under the act of l846 have
continued in the discharge OF their respcc-
tive duties
The increase Of the number Of conyicts
beyond the number of cells, renders it in
dispensable to provide for the enlargement
of the existing, or the construction of a
new Pententary. Considerations Of econ
omy recommend the former alternative
Provisions should also he made within tho
Penientary enclosure for convict lunatics.
The General Assembly in lS45 directed
such provisions, but the necessary appro-
prations having never been made, the d.
/ rection has never been executed. In the
absence of proper accommodation in the
, Penitentiary, such unatics must be trans.
ferrcd under Executive warrant to one of the
existing Asylums. This is clearly wrong.
The criminal insane should never be intro
duced into Asylums, where the innocent
and the respected, suffering under the most
fearful of caamiteS, find their best refuge,
The work on the State House advances
towards completion under the vigilant and
judicious supervision of the Acting Com,
missioner and his associates Some allera.
tions and additions are suggested by the
Architect, which wonld certainly improve
the proportions and enhance the simple
grandeur Of this noble structure 1t will
be for you to determine whether the cond-
tion of the Treasury will warrant your sanc-
tion Of them.
The rooms for the Library will soon be
COMPLETED A small part only of the small