Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-02-21

the. winding natufe OF the canals, Ht
thought the members Of the Board of Pub
lie Works Neremen vf integrity, and would
do Justice 70 ~ parties concerned. He did
not think The lsssees had undertaken to OPP
press any body, though his friend (Mr.l
Hill) had so charged.
He did not believe that a single cent had
been wrongfully taken from anybody. He
thought the lessees had right to expect
that the regulations formerly used were to
be the law on their future use, but this had
failed to be recognised by the cotarts, and
hence he thought it just that those ,regula-
tions should be enacted into q law. zj
MIR. HUGHES. Of Butler, had always
been q friend OF the public works. He was
member of this House when the public
works were leased. There were rules and
regulations In force at the time of the lease
which the lessees agreed to abide by. Nov
why DO they come up here and ask more !?
II they were not satisfied why did they |
ceme up mere last winter and ask an extern |
sion of the lease? That lease was extend
ed ten years at the request of the lessees. |
Now. it is said, it is the Board that is ask |
ing this law. If the lessees are not asking |
for it, why does the Board of Public Works |
bring in this bill?
He had been on the committee last win
ter when the subject of extending the |
leases was up, and he knew that the bill
then before the House had been pushed
debate sprang up, and it was referred to a
special committee, where all the circum-
stances were inquiredintO and that COM
mittee reported their action. The lease
had been entered info by the lessees with
afull knowledge of the whole subject. and
tract.
Mr.. HILL, of Defiance, said he had not
made any charge against the Board of Pub
iic works. He had heard, however, that
there were unjust charges made for trans
portatiOn on the canals. He knew that
ffne after tine had been collected off oflum-
bermen, under the sid regulations, within
the last year or two. So that these -regu-
lations were enforced. He said he had
paper showing that ten dollars, for allow
ing logs to lay in fore-bay on the side of
the canal, had been charged, and one hum
logs.
Mr.. LEWTON said when we leased these
canals we guaranteed all the rules and reg
ulations for their protection and use. The
canals were yielding to the State $4,000
revenue, and thought the State ought to be
liberal in protecting the lessees. 1t was
said If we pass this law we will invalidate
the leases, and thereby release the lessees
of the Public Works.
He thought this was an erroneous argu-
ment. This bill simply proposes to enact
into a law the regulations of the Board of
In the use of the canals. He thought this
| would be just. In regard to the raft busi-
ness, there was only this, shall we regulate
| or not regulate this subject? In other
words, If the canal was to be used indis-
crimlnately for rafting, it would in great
measure destroy its use for boats. This
being so, it was necessary to regulate them
and enforce the rule. He said the RATS
were or could be put up in sections of 10
feet each, that being about the length OF
the locks; and greater length could not
| pass through them. He further reviewed
the bill. and said, in his opinion, that there
was nothing in it that should prevent its
| passage by the House.
Mr., WOLF moved to recommit the bill
with instructions to amend. He said he
| did not think the State could confer its
| sovereign power on private individuals, and
that his amendment provides that the ac-
| tlons for violation of these regulations
| shall be brought in the name of the State
of Ohio. The idea that individuals could
enforce and collect in their own names,
! fines and penalties, was to him an anomaly
| in the history OF criminal law. He was
opposed to the bill generally, in all its pro-
visions, for fines, &c. This bill was toe
much OF monopoly. He believed in Civ
| ing to God the things that are Gods, and
to Caesar the things that are Ca.ar's. With
these things in the bill, he could not sup
| port it.
Mr.. BALL said these fines were imposed
! to make good the injuries of the public
| works. He was opposed to having these
| fines go intO the State Treasury. They
ought to be paid to the lessees, because
they were compelled to put up; the works
Mr.. WALLING advocated the passage Of
the bill. 1t was not a new bill. Some DO.
| lice regulations concerning the Public
! Works were absolutely necessary. The
| lessees are liable for the safe keeping of the
| Public Works, and are paying into the
| Treasury $4,000 year for their use; and
IL will be no more than just to enable them
to use the canals as they think best, under
the regulations of the Board of Public
| Works. He favored the present bill be-
| cause he thought these rules were necessa-
| ry to protect the lessees against encr oach-
ments on the rights they are paying the
State for.
Mr.. VOLTS motion to recommit the bill
| with instructions, &c, was lost.
| The question was then upon the passage
OF the bill, upon which the yeas and nays
1 were ordered, had, and resulted, yeas %
| nays 63. So the bill was lost. s.;
| House bill TO amend section one of an act
! supplementary to an act passed March a.
! 1858, entitled ali act to provide for the re-
| organization. supervision and maintenance
OF common schools, being up for third
reading, several amendments were offered (;
| when
Mr. HUGHES, of Highland, moved to
recOmmir the bill and pending amendments
| to it's author, Mr.. Gerhart. I6
The motion prevailed.
Mr.. THURNHILL moved to rescind the
resolution adopted this morning proposing
| to adjourn over Saturday in memory OF the
birthday of George Washington; and stated
| that he revered that great man as much as
any man on the floor; but as the business
OF the House was urgent, he thought it best
| to hold session on that day. The author
| of the resolution concurred with him in
reference to the matter. fl
The resolution was reScinded.
| INTRODUCTION OF BILL.
Mr.. THORNHILL, on leave-A bill to
provide new boilers for the Central Ohio
Lunatic Asylum. Read the first time.
PETITION.
Mr.. MANN, on leave presented the petit
tion of j. Z. Bull and II others. w. B. Davis
B. Strate and - others, all of Franklin
county, for law giving sub-contractors
the benefits of mechanics liens. Referred
to the Judiciary committee.
RESOLUTION.
Mr.. .PARR offered the following resolu-
tion which was adopted:
Resolued, That the Auditor of State l.
| hereby respectfully requested to report to
this House, at his earliest convenience,
| when the National road was leased by, the
| State, for what length of time, the amount
| received by the State on such lease, and
| whether the amount so received, or any
| part thereof, has been applied in anywise
| on said road.
On motion of Mr.. KENNON, the House