Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1878-01-11

hh tnklnttI nN san nONfu. 40 as 4
keep said public works in good and proper con
dition of repair, and deliver up said publ
works to the State of Ohio, at the termination O
said lease, IN Ike good condition.
Whether all these stipulations and reauire
ments, for the fulfllment of which the essee
are held on their bond, have been performed
is a proper subject of legislative inquiry anC
investigation. While IL Is asserted on beha
of the lessees that the works are in bette
condition than at the commencement Of theil
term, IL Is but common business prudence, ,ant
no reflection against them, for the State thor
oughly to Investigate the matter and ascer
tain for itself what the facts are in this re
gard. II is, OF course, the right of the State
under the lease, and the duty Of its officers e
insist upon a complete fulfllment of these OBJ
legations And II Its acceptance Of the public
works from the lessees before the end of the
term be desirable in any event (Which
strongly question:, such fulfillment should
precede, and be ascertained prior to the ac
ceptmice. On failure to pay such rent, tho
Attorney-General brought suit therefor upon
the lessees' bond in the Superior Court oi
Montgomery County, which is now pending
BY consent of parties, two receivers at a com
pensation not exceeding three dollars 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 the Legislature
otherwise directs. One, Mr.. Peter Thatcher
was designated by the Board of Public Works
and the other, MIR. Charles Parrott, by the
lessees. They are both well fitted by expert
ence 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 protection for the canals
which the public interests imperatively de.
manded they should have pending the con
trOversy.
The right of the lessees thus to abandon the
leased property will be adjudicated in this
suit, and, as a decision is expected without
great delay, it is not my purpose to enter at
length upon a discussion of the legal ques-
tions involved. II may be observed, however,
that whatever grievance the lessees had to
complain of as against the State-and it is
very questionable whether they had any just
one--eXisted prior to June /, 1877, when they
renewed their rental bond for two years and
paid their rent for six months i'm advance.
They were charged with the notice of the act
of April "a, above referred to, and could not
shut their eyes to its operation, If a valid law.
If invalid, il was harmless to affect them. In
analogy to the settled principle that the pay
ment of rent after a known breach of condi-
tion Of forfeiture is waiver for that breach,
may il not fairly be claimed that the renewal
of their bond and payment of rent by the les
sees. June /, constituted waiver by them of
any objection on account of said act, or any
dlltEtu HEltNdlCt w bllt CbdAC NLth tAlSllu8
and known? And did not the surrender, Dec.
l, months after the alleged wrongs, and near
the close of the business season, come rather
lates 1t has seemed so to me. That the
State cannot afford to abandon the canals if
the courts shall decide in favor of the course
taken by the ,essees needs no argument The
value of mills, manufacturing establishments
and other property which depend almost sole
" on the preservation of the canals is so
great--without considering the question of
cheap transportation of freights-that | need
only mention it to secure your earnest atten-
tion.
An examination of the statistics shows that
the counties traversed by the canals, although
about one-third of the counties of
the State. contain majority of the inhabit-
ants, and largely more than one-half the taxa
bic wealth of the State, as represented on the
grand tax duplicate, and also that these same
during the last decade have in
wealth than any other portion of the State.
The official figures show the population of
the canal counties, by the census OF 1870, to be
1 ,33S, S9l; population of the balance of the
State, l,S26, Ill. The amount of property on
the grand duplicate in these counties, as
shown by the last annual report of the Auditor
Of State, was 1862, ,026, ,35l. The amount in the
balance of the State was S135, 433, ,6l5. The
amount of taxes paid by these counties was
81, 499, s16.23 Amount of taxes paid by the
VI ..F ~ + w..
!su NC go, - 49, al ~ ,t f tI,o ,,,,
departments of the State Government that,
while the percentage of increase of the popu-
ation of the whole State during the last
i'o ,,I'tn5 ~ 9e nov cont in tbo canaI
80 I ~. ~ ;Ioaa F ,,aoith b
anu Cli''U uHS W. 20 rl',
atinI, nv ~ F'Oo
"STIH TIi. ,,boIo s,bioo+ rolotiro 70 +bo ,,,bJ,o
iiilo "nOiU ~ 80 Soo.Si dposid
'roti tnS &c tn IanSo U,;li oyrire durino, tho
,nr+ Go,ornI ,sson,biv Whnt shoIi he done
,,i4i ~ - 1'.n,,nyt, oost;n% IN ;ts con-
r,a ia 6bS n61 anS SO isororobir
LEI oT,;ro S I"st nuhiic md M
a.,1 40 not ron, oI,ter unon tbe
"ue 90 .b ,astioW b,,t rost ~, tbo
,, MA thot ,o,,, ,yisdon, viii
~ "rI e; soImtion
" 0q""i W no P'OPo' anu 0'''
DlTCHEs
Another important subject 10 whleh your
Intention Is called is the question oi drainage
Each succeeding Legislature, Tor nlteen years
past, mas attempted 10 provide surer means
or the construction OF bitches; put IL seems
nat no law mas YET peen enacted that would
'tand the scrutiny OF the courts. In tne
lortheastern part OF the state, embracing nj
cen OF the rlchcst agricultural couhtles' vast
.racts OF unlmproved land are owned by non
residents, VINO are generally men OF ample
means, holding these lands as an investment,
ma not directly Interested III the improvement
md development OF the country. Almost
very attempt made ny the local authorltles 10
give rehei to the local lnhaDltants, many OF
Nhom sui ENJOY the prlVations OF pioneer
lie, IL met by inlunctions from the courts.
Inc greater NUMBER OF the local hnaDltahts
IRE men OF small means, owning small larlns,
ma are unable 10 contest with their more opu-
eht sultors, whose surrounding lands yearly
reap the dement, OF tnelr struggles Win forest
ana noOu' Inc result Is, the expense OF CON
dltches IN that part ot the state mas
become so great, ana Is beset with so many
lmcultles, that the Dltch laws nave become
almost nulllty on the statute DOCKS.
a WISH 10 thaI sectlon OF tne state IN Che
past year with Hon. w. ID. Hin, state Com
OF insurance, mas convinced me that
some additional Legislation Is necessary on TINS
SUBJECT IL Is estimated ny competent persons
mat the loss TO the people OF ten counties IN
northwestern ONO, caused Dy the overflow OF
their cultivated lands during the past three
years, would average over sl,OOO'OOO per an
mum. Inc act9al loss 10 the people OF that
section OF the state III one year, II ludlciously
expended, would provide outlets Tor all the
surplus water in that section, reclaim one
Iourtn OF the lands from waste, ana greatly
encourage the settlement ana development OF
that rich agricultural region. The great IN
crease ol the value OF property, OF the produc-
ZION OF All hlhds Oh cereals; tne consequent IN
crease OF wealth. ana poPuiauol' the preserVa,