The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1878-01-17

court OF montgomery county,, Wnlch is
now pending. By consent of parties
two receivers, at compensation not ex-
ceeding So per day each, were appointed
by the Court to collect rents and tolls,
and preserve the works from immediate
or threatened injury, through the
necessary agents to be employed by them.
They are to serve till the termination of
the suit, or until the Court or Legis-
lature otherwise direct. One, Mr.. Peter
Thatcher, was designated by the Board of
Public Works, and the other, Mr..
Charles Parrott, by the lessees. They
are both well fitted by experience and
character for the discharge of their
duties. have no doubt that this was
the most practicable and best method of
providing that constant care and pro-
lection for canals, which the public in
terests imperatively demanded they
should have pending the controversy.
The right of the lessees thus to aban-
don the leased property will be adjudi-
Gated in this suit, and as decision isex-
pected without great delay, it is not my
purpose to enter at length upon a dis
cussion of the legal questions involved.
1t may be observed, however, that,
whatever grievance the lessees had to
complain Of as against the State : and il
is very questionable whether they had
any Just one-existed prior to June l,
1877, when they renewed their rental
bond for-twa years, and paid their rent
for six months in advance.
They were charged with the notice OF
the act of April "a, allowed referred to,
and could not shut their eyes to its
operation, if valid law. If invalid, it
was harmless to affect them. In analogy
to the settled principle that the payment
of rent after a known breach of a condi-
tion of forfeiture is a waiver for that
breach, may it not fairly be claimed that
the renewal of their bond and payment
Orient by the lessees, June l, constituted
a waiver by them of any objec-
ton on account of said act, or
any alleged grievance by the
State then existing and known?
And did not the surrender, December /,
months after the alleged wrongs and
near the close of the business season,
come rather late7 1t has seemed so to
me. That the State can not afford to
abandon the canals if the courts shall
decide in favor of the course taken by
the lessees, needs no argument. The
value of mills, manufacturing establish
ments, and other property which depend
almost solely on the preservation of the
canals, is SO great-without considering
the question of cheap transportation Of
freig ghts-that I need only mention it to
secure your earnest attention.
An examination of the statistics shows
that the counties traversed by the canals,
numbering about one-third of
the counties of the State, contain ma
jority of the inhabitants, and largely
more than one-half of the taxable wealth
of the State, as represented on the grand
tax duplicate, and also, that theselsame
counties during the last decade have in
creased more rapidly in population and
wealth than any other portion of the
State. The following figures show the
of the canal counties, by the
census of 1870, to be one million three
hundred and thirty-eight thousand eight
hundred and ninety-one { 1888, ,891)
population of the balance of the State
one million three hundred and twenty
six thousand one hundred and clever
Q,326,11D.
The amount of property on the granc
duplicate in these counties, as shown by
the last annual report Of the Auditor o.
State, was eight hundred and sixty-two
million twenty-six thousand three hun
dred and fifty-one (s862, ,026, ,35I dollars
The amount in the balance of the State
was seven hundred and thirty-fve mil
lion four hundred and thirty-three thou
sand six hundred and fifteen (735, ,433,
615) dollars.
The amount of taxes paid by thes'
counties was two million four hundred
and ninety-nine thousand eight hundred
and seventy-six dollars and twenty-si1
cents (S2, ,499, ,S76 26). Amount of take
paid by the balance of the counties, tw,
million one hundred and twenty-si,
thousand seven hundred and forty-fou
dsllars and twenty-eight cents 81, ,126,
IA 2S).
1t will also be seen from an examins
ton of the statistics presented by tn
reports of the various departments Q
the State government, that while tn
percentage of increase Of the population
of the whole State during the last de
cade was less than fourteen per cent
that the increase amounted to twenty
eight (2S) per cent. in the canal cour
ties, and that the increase of wealth hs
steadily kept pace with the increase c
population.
This whole subject relating to the pull
lie works is commended to your carefr
consideration. The lease will expir
during the next General Assembly.
What shall be done with this val
property, costing in its constructio
over sixteen millions of dollars, and {
inseparably connected with affairs {
vast public and private concern7 I
not now enter upon the consideration {
the question, but rest in the hope an
expectation that your wisdom will /
equal to its proper and benefcent soil
ton.
| Lie dONtTuOT IcCOmmcuue duultiOu
legislation on the question of drainas
in the northeastern part of the Stat,
says the public schools are in prospe
GUS condition; the Soldiers and Sailor
Orphans Home at Xenia is in huu
ishing condition; feels just pride
the insane asylums of the State, ar
the manner in which they are conducted
recommends attention to the Annu
Report of the Board of State Charitie
and commends to the interest and a
tention of the Legislature the Oh
Agricultural and Mechanical Colleg
The Governor desires further legislatit
for the protection of fish. He recoI
mends that there should be appr
priated a sum, not less than 5000, 90
to be known as the Military Co
tingent Fund.-" to be drawn from Il
Treasury, on the voucher of tie Go
ernor, to meet such a public exigency
threatened the State last summer, du
ing the railroad riots. He also favo
a revision of the statutes of the Stat
and the increase of the salary of Suprer
J Judges, regarding them as inadequat