The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1876-06-29

such departure from humanity; there is
none. There are other 9sf more suitable
apartments for hospital within the prison
walls that can be, withoat any serious in
convenience, used for this purpose. A
hasty examination of the dispensary failed
to show reasonable supply of the staple
medicines for so large 4 population as is
even now confined within the prison proper.
In obedience to the resolution of the
House, under which they wers appointed,
your committee investigated to the fullest
extent IN their power the sufficiency of the
bond of the lessees. This bond is for the
sum of 500, 600, and was filed in the office
of the Secretary of State on the eleventh
OF August, 1873. Calling the attention of
the House To the difficulty always attendant
upon the proof OF a negative, your commit
tee say that while, from the testimony
taken and information received, they are
not able TO say, pOsiticeLy, that the bond is
worthless, yet they say there can be no
reasonable doubt of its almost. if not COM
plete, worthlessness. Since the bond was
filed, three of the nine sureties have failed
in business, aud one ok4ite remaining six
testified before your sf91&mittee that he
owns little or no proPefS subject to execu-
ton. OF the remaining five the committee
ndNC d1lGElscIIO "
learn any fact going to show the possession
by them of unreasonable sr8e1nt of prop
erty subject to execution. Although every
opportunity to prove affirmativelY the means
of the sureties was extended to the lessees,
no proof whatever upon this point was Of
fered by them. In view of ali the informa-
tion in possession of the committee, they
are convinced that the State would wholly
fail to recover any loss, however small, by
action on this bond. Ia accordance with
the authority granted the committee by
resolution of the House, adopted on the
go. instant, your committee, before leav-
ing Austin, engaged the services of Mr..
Jacob Larmour, of this city, a highly re-
specialize and experienced architect, who
went with the committee to Huntsville for
the purpose of estimating and reporting
the value of the Improvements connected
with and adjacent to the Pcnitentiary,
erected and In process of erection, by the
lessees.
Mr.. LaImour, as your committee believe,
performed the duty assigned him with in
telligence and fidelity. HIS report to your
committee is hereto appended, marked 'Ex-
hibit A, " to which your committee invite the
special attention of the House. Your COM
mittee would also report that the valuation
neither your committee nor Mr.. LarmOur
were Informed, the committee, while pass
ing through Houston, called upon Mr. G. G.
Virgins, of the firm of Wiggins & Simp-
son, proprietors of the Phoenix Iron Works
of that city, and Colo. H. Robinson, late
Superintendent of the Houston City Mills,
both of whom are men of high standing
and character and experienced machinists.
These two gentlemen very kindly consented
to go to Huntsville ana estimate and re-
port the value of all the machinery at and
about the PenitenUiary delivered by the
State to the lessees in July, 1871, and also
the value of all machinery placed in and
about that institution by the lessees since
he commencement of their lease. An ac-
acknowledgement is due both of these gentle
men, not only for what your committee
deemed a satisfactory and faithful peri form
ance of this service, but because neither
of them would accept any compensation
for his services, further than the reimburse
ment of his actual expenses.
Your committee have attached hereto
the report OF these gentlemen, which is
marked Exhibit B, and to it, also, they
invite the attention of the House. 1t is
proper to say that Messsrs. Larmour, Wig
gins and Robinson were ali sworn to the es
Inmates made. By this latter report, it
will be observed, that the State ma
chinery is valued at its present soOrth, no at
tempt being made to show what the same
was worth, nor what was its condition
when turned over to the lessees in
1871. Your committee have not deemed
it within the scope OF their duty
to attempt to solve the legal question that
is involved in the construction of the lease,
viz, whether the lessees or the State will
bear the loss arising from the shIinkage in
the value of the State machinery caused by
the introduction of improvements in ma
chinery made since 1871, thus rendering
the machinery in question less capable OF
competing, and, therefore, less valuable.
But taking the reports of the architect and
the two machinists as we find them, togeth-
er with the other data in the possession of
the committee and of the members of the
House, we find the following to be the state
of the account of the lessees to the State,
viz: