, 1862-01-22
THE uLIE0lS STATE CONSTITUTIONAL IL
CONVENTION.
MONDAYS PROCEEDINGS.

absence for week, on account Of sickness Of
his son at Cairo. Leave granted
Mr. Austin, Of Logan, also asked leave Of ab-
sence for ten days. Granted.
ILLINOIS CENTRAL RAILROAD.
communication WIS received from the |
State Auditor, as follows: |
STATE OF. IlEso1s.
AUDITOR OFFICE, Jan. II, 1862. /
Hos: ". a. HAcKEn President OF Constitutional |
Convention:
statement, marked 4, Of the amount received
from the Illinois Central Railroad Company,
on account Of the stipulation Of said Company
to pay Percentage Of its gross receipts into
the State Treasury, showing the amount and
date Of each payment, IN answer. to the first
by yonr honorable body, January 10, 1862.
The company has fni1ed to meet the pay
mcnt6 maturing June and December, 1851, but
I I'M unable to inform ron What amount i5
posed, for reasons which will more fully ap-
pear below in my answer to the 4th and 5th
inquiries,
In answer to the 9TH and 5th inquiries pro-
posed in the resolution Of the Convention,
have to state that some time in June or July
last the President Of said company presented
to the Governor statement showing the gross
earnings of the road from Nov. !. 1960to April
90, 1861, and representing the seven per cent.
proceeds Of the gross earnings at about $685.
ttos ACAuEttt4E AOh tfEf, HUH ttllh 11LtGr SHIu
about s12, 600 rs discount for losses incurred
~ said company from deprecated currency,
in which it vas alleged large portion Of tie
gross earnings were received. The Governor
refused to allow any deduction, and insisted
that the State was entitled to seven per cent.
| OF the gross earnings as reported in dollars
and cents, without any discount on account Of
| deprecated currency. The President Of the
company thereupon withdrew the statement,
promising, however, an early payment Of the
I amount due the State.
| At an interview had between the President
| and the Attorney Of the Company and the
| Go1crnor and myself at Springfield, about the
26tl OF October, 1861, certain reasons were
! given on behalf Of sud Company by its officers
| for delay I remember only three:
]. That the road had 1abored under great
emharrassmentE, occasioned by the blockade
| at its southern terminus, completely destroy
| iDg its Southern trade.
2 That said road, by the terms Of its char
Ter, received much ltEs compensation for trans
portatlon Of troops and munitions Of war
t1un any other road in the State.
8. The President held out as reason for
! Indulgence On the part Of the State
that the Company bad large claims against the
State and United States for transportl-
soon as allowed by the Board Of Auditors, lie
WIS promised by the Secretary Of the Treasury
should be paid, and that the company could
Then pay the State without embarrassment.
The Governor and myself denied that this
claim could be offered Us set of to the amount
due the State, to which the President assented
and expressly disarowed any intention or right
to set off said claim, hut simply urged the
same as a reason for Indulgence.
About the first day Of December, 1861, the
Governor telcgraphcd the President that pay
mcnt Of the amount due the State must be
made. The President CAME to Springfield aud
| again presented similar account, "a copy Of
which is herewith submitted, marked b. e1-
cept that instead of the whole amount Of gross
earnings in dollars, with deduction on account
Of deprecated paper, this paper purports to be
| an exhibit OF said gross earnings reduced to d
specie basis. The Governor ;lg5lin refused to
accept this statement, alleging that he could
only recognize report Of tue gross earnings
in money, and could not undertake to decide
their specie yalue.
The Company has failed to furnish q state
; 1nent Of their gross earnings during tht sis
months last passed. Their reasons fortilis dc
lay will appear from letter Of the President
OF the Company to the Governor, J. copy o
which is tiled herewith.
The 18th section Of the act Of the Genera
Assembly incorporating the Illinois Centra
Railroad Company, provides as follows:
" And for the purpose Of ascertaining fht
| proceeds, receipts or income aforesaid, III
"accurate account shall be kept by said Com
"pany, copy whereof shall be furnished Il
"the Governor Of the Safe Of Illinois, th,
; truth Of which account shall be verified b.,
| "thc afEdaTlts Of the Treasurer and Sccretar,
; "of said Company, aud for the purpose 0
verifying md ascertaining tie accuracy o
I osueh account, full power Is hereby vestct
t sin the Governor Of the State Of Illinois .
r "any other person by law appointed, to cz
4 *.anlinc the books and papers Of said corpora
d "ticn, and to examine under oath, the officers
e ..aggents and employees OF said Company ans
j. "o1lcr PERSONS"
= Now, in the present instance, no copy of til
= account, approved by the Governor, has bcel
Il filed as the basis upon which suit might b
S brought; and if it is necessary before tile in
c stitntion of suit that said examination q
= the books and officers and agents Of til
S Company should be had, then it will be see
5 that this examination is to be made by til
It Governor in person or by some person by 1a'
e appointed to make such examination. Th
/ Legislature having failed to pass any law dcsig
l. perform this duty, it is needless to say tbs
&c an examination which would require weeks
e his attention could not have been made b
n the Governor at any time since the failure
d the Company to pay the June instal1ment,
p period which had deyolyed upon the GoyeFne
IS the performance OF extraordinary, hboriou
y and incessant duties. If, however, the remed
Il Of the State, in absence Of an account filed,
d in chnnccry, by bill in the nature of a bill
discovery, or by suit foreclosing the lien
II the State, as provided for under section "a
g the act Of incorporation, it is not denied gre:
Il 1aches upon the part Of the State to have
N 1aycd suit thus far, especially when from Il
e, facts above stated it was apparent that IL
1t State would sooner recover the money dt
IS from said corporation without suit than vii
5e it. Very respectfully,
&C JESSE Z. DEBO1s, Auditor.