Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1860-03-15
Bill for ReiIer orJ.M. Allen.


In the House on the 18th, ths bill for the
relief of John W. Allen was put upon its pas.
sage. The bill was discussed by Messrs. An
drews, Browne, Woods, Plants, Harlan, Par.
sons and Stedman, in favor of its passage, and
Messrs. Scott, of Warren, and Cox, in Opposi-
ton. The friends of the bin stated that Mr..
Allen presented the claim, and obtained for
the State 10000 acres of land; that he had
already paid out Of his own money several
thousand dollars, and spent five years of his
life in the prosecution of his claim, and the
amount now claimed under his contract is about
$4,000. Ali Mr.. Allen now asks is the priv
ilege of testing the justice Of his claim before
q court, and should he succeed there further leg
islation will be necessary.
The discussion in the House lasted through
the entire forenoon, and under the previous
question the bill was passed, yeas go, nays 2s.
1t has yet to pass the ordeal of the Senate -
Sheer and long delayed justice should give the
bill good deliversnee. 1t is as follows
WHEREAS, On the 18th day of February,
1850, the General Assembly of the State of
Ohio passed joint resolution authorizing the
Governor to employ such means as be might
deem best for the interest of the State, to
obtain from the Government Of the United
States any lands to which the State might be
entitled under the grants heretofore made
by Congress for canal and other purposes;
and
WHEREAS, Under and by virtue of said res
olution, Seabury Ford, the then Governor of
Ohio, on the 25th day of February, 1850, made
e certsin contract with John W Allen to inves-
tigate anl prosecute the claims under said
grants upon certain conditions therein stated,
and for that purpose by power Of attorney,
made him the agent Of the State, as the said
Allen AYERS; and
WHeREAs, The said John ". Allen claims
that he has fulfilled said contract on his part,
and is entitled to payment from the State Of
Ohio for his servicea in the premises in ac-
cOrdance with the provisions Of said contract;
and
WHEREAS, The General Assembly of the
State of Ohio has heretofore failed to make any |
provision for the fulfIlment Of said contract on
the part of the State; and
WHEREAS, The validity of said contract and |
the amount claimed have been disputed; there |
fore,
Section l. Be. It enacted by the General As, |
semblV af the State Of Ohio, That the said John |
W. Allen be and he is hereby authorized to in
stitute and prosecute in the Court of Common |
Pleas of Franklin county, in the State of |
Ohio, upon the said alleged contract, a civil |
action sgainst the State of Ohio, to test the /
validity of said contract, and for damages
claimed by the said John W. Allen on accoant
of the refusal of the State to fulfill said al
legged contract on her part; and said action shall
be proceeded in in sll respects as in eases be-
tween private persons according to the code of
civil procedure, to final judgment, except that
1t shall not be necessary to verify the pleadings
on the part of the State; and the Attorney
General is hereby directed forthwith, on the
issuing Of proceedings against the State Of
Ohio. as defendant in said action, to conduct
the defense therein on behalf Of the State.
Sec. 2 That in said action 50 authorized to
be prosecuted, either party shall have the same
tight to appeal on second trial, OF TO except to
he rulings of the Court and the same benefit
IF proceedings in error, which may be had in
;ivil actions between private persons Origina-
ing in the Court of Common Pleas, and pros.
cuted under the code of civil proceduTe, ex-
ept that in no case shall the State or Attorney
feneral be required to execute any bond or
bligation in order to secure an appeal, hear.
ng in error, OF second trial.
Sec. g. This act shall take effect and be in
orce from and afler its passage.