Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1861-04-11

.Ihird-~freecripp9 exhctiy now the chnhlb bnhis
. kept in repair. 90 as TO produce certainty
Fourth In case the Board Of Public Works
ball adjudge The contract forfeited, referees
Works, one b the Contractors, ard one by the
J shall report upoH the law and
acts 70 the Superior Court Of lCincirnaH-on
which judgment Ahall be rendered..
Fifth-ProvideA for suits against the les
'ess BY indivldualA how procfap shall be serv-
sixth-The Goyelpor. Auditor, and Treasur,
or Of State, are authotized I'd execute the lease,
instead Of the Board Af Public Works.
Ordered to be printed in Advance.
a DIRECT NLTAsE. ,.rs ta r
Mr.. SCHLEICH, frosi 4 select committee,
reported himsslf'ready tA report at the proper
time that he had been Authorized to report the
bill to lease the Public WoAks with the amend
ments as follows: ol f.
First--The lease directly to Medberry &
Co.. for %, 100 per a1num hayable semi-an-
Duslly. M ~
Secondly y Provides for forfeiture of $9O,-
QlD In case bonds are not entered into.
Thirdly-Provides the mode id which repairs
shall be made.
ANorHER PROPORTION
W.T. W PTebcuttu tud IbnOWiubb F6s
The undersigned will lease of the State of
Ohio the Public Works Of the State, In accord .
ance With the provisions Of House bill 29l, ard
will pay therefor the sum of $25 900 per annum
10 semi annual payments
~ A G CONOvER,
+ JOHN O'FERRALL.
JOHN F. BARTLETT,
April 10th, 1861. THO5. SPARROW.
Referred to the committee on Public Works
sINE DIE.
The House Joint Resolution to adjourn sint
die on April 23d was adopted-yeas 27, nays 2
-Messrs. Fisher and Perrill.
| CLAIMS
| Mr.. HARSH, from the committee on Claims
j submit ed a detaileu report upon the claim o
Samuel Doyle for 81. 355 against the State, on
account OF the canal contracts
A majority ol the committee we're adverse &c
the claim; the committee says the resolution toI
the payment OF the claim recognizes the prin-
ciple that unless fraud can be proven in obtain
log the contract, the State ought TO pay the stip-
ulated price until the contractors we're notified
to quit.
A part of the committee held that as the con-
tract was void, all transactions under 1t Wer'
void, and the State Is not legally or morally
bound, but on the principle of equity and justice
all necessary work performed and material fur
uished the State until the contracts were declar
ed off should be paid at fair prices. This rul,
has been observed in this case by the paymen
to Doyle OF S., 1888 65. ot
A part of the committee was opposed to pay.
ing Doyle the amount he paid Miller, in pur
4 chasing Miller's interest in the checks. Th
purchase was specul lion, and Miller knew th'
checks we're tainted vita illegality, and th
State had nothing to do with the transaction :
Mr.. DOYLE took the risks and should abide there
by. The committee also states that Doyle sue'
Miller on these checks, and it was. held that q
4 Doyle had surrendered the checks to hesitate
he could not recover from Miller, but the cour
had not the Testimony Of Miller, that the check
were tainted, before t. ..s ..,-
1t might be claimed, by paying these checks
an a, acknowledgment on the part of the State, 0
binding force of tho canal contracts, and al
transactions on and under them, up to Apri
18th, 1857, and this payment taken as prece-
dent. Part Of the committee iadmits that thu
claimant "may possibly" have an equitable
claim, but they are not willing to give claim
ants under the canal contracts the advantage
which the passage of the resolution would Civ,
them. The majority Of the committee repor
adversely to the passage of the resolution. I've
of the committee were opposed to paying thu
claim, two were infavor Of it, and one was IL
favor of paying the original half held by Mr.
Doyle. 3 nt7r 7a9o .r.irA "a
Mr. STANLEY, moved to indefinitely post
pone the resolution III. ]. R. No. lOO.) Agrees
| to. t.Is
Those who voted in the affirmative were
Messrs. Brewer, Bonar, Collins, Cox, Eason
Fisher, Glass, Harsh, Jones, Key, Laskey
Moore, Morse, Parish, Potts, Ready, Smith an
Stanley-l6. .ll ~ 81 a,.. -ref. Z "a
Those who voted in the negative were
Messrs.s Breck, Cummins, Cuppy, Foster
Garfield, Holmes, Mccall, Monroe, Newman
Orr, Perrill, Potwin, Schleich, Sprague an6
White-15.
BILL INTRODUCED. ..sa
Mr.. SCHLEICH, from the Judiciary COM
mittee, had leave to introduce s. B. No. 294-
relating to'the powers and duties Of the Count.
Commissioners of Fairfield, Hooking and PER-,
counties, constituting the first subdivision o
the 7th Judicial District Il authorizes th,
Commissioners to pay to the Judge Of the Cour
of Common Pleas Of said subdivision, who maj
be hereafter elected or appointed, such sum II
addition to the present salary as will increase i
to 81, 500 per annum. Half to be paid by Fair
field, one.fourth by Hooking, and one.fourth b.
Perry counties.
VILLAGE JAiLs.
The House refused to concur in the Senate'l
amendment to H, B. No. 423, concerning vii
lage jails and
Mr.. GARFIELD moved that the Senate in-
sist upon its amendment, and ask for commit
tee Of Conference.
On House bill No. 1853, Messrs Cummins and
Perrill were appointed committee of Confer
ence.
The House also refused to concur in the Sen
ate amendments to the Fifteen Regiment bill.
Mr.. CUPPY moved to recede from its amend
ment, but it was withdrawn, aud,
On motion of Mr. STANLEY. the Senate in,
| sisted, and asked for committee Of Conference
concerning the report Of the Commissioner oi
Statistics.
o. ~ FIRST READING. .r,-
d, II. B. No. 460 TO abolish the Office of Su-
perintendent of the State House Also read q
second time by title. aud referred to the commit.
tee on State Buildings. -
THE NEW PESirENrARY
On motion Of Mr. MOORE, the bill to locate
new PeniteDtiary was taken up, referred to the
committee of the Whole, and made the order
for this day. AS
On motion of Mr.. MOORE, the Senate re-
solved itself into com ittee on the Wbsle, on
the orders Of the day, Mr.. Stanley in the chair,
and considered the bill TO locate a new pneiten.
tiary Is. B No. l59) ts7 ,1tH - & $50
Mr.. PARISH moved that the roll be called
and that Senatore announce their choice Of
localities until one shali receive msjority
vote. ~
Mr.. FERGUSON moved to amend the bill by
authorizing the Governor to appoint three COM
missiouers, who shall locate the Penitenliary by
and with the consent of the Senate. Lost, And