The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1878-01-10

lou are 10 D6 COngrhJuldJeO allK6 WIN
the citizens of the State generally, in the
acquisition of the records from the Unit
ed States Land Office, at Chillicothe, in
accordance with the provisions of the act
of Congress, approved July 81 1876 and
an act of the General Assembly of Ohio,
passed May 7, 1877 These records are
particularly valuable because they are
the original records of sales of about one
half of the government lands within the
State; the original records of the other
moiety were burned in the Defiance Land
Office, in 1851, and Copcs only of these
latter are on file in the Office of the Au-
ditor of State. By this transfer all the
land records of Ohio are concentrated in
one Office at the capitol building, made
easy of reference and entirely safe from
destruction by fire.
PUBLIC WORKS,
The lessees of the public works, on the
first day of December, ultimo, abandoned
them and refused to pay the rent there
for, $50, 0,037 SOY, falling due on that day
for the then ensuing six months. The
alleged reason for this action was, that
certain acts of the Legislature, and par
ticularly the act of April "a, 1877, author
izing the city of Hamilton, upon certain
specified conditions, to fill up part of
the canal basin in that city, amounted to
or operated in causing an eviction of
them from what they claimed to be a
valuable part of the leased property.
The failure thus to pay the rent con-
stituted ground, rnder the statute, for
the forfeiture of the lease by the Board
of Public Works. But the Board, upon
due consideration, refused, in my opinion
wisely, to take any steps or do any act,
in advance of your meeting, looking to
such forfeiture or the acceptance of the
surrender.
The statute under which the lease was
made, among other things, provides
that: rs
ut shall be part of the contract between the
lespees and the State, that the lessee or lessees
shall faithfully perform all the legal con.
tracts of the State for the term aforesaid contain
ed in the water leases on said public works or on
leases Of ground foS collectors offices or lock-
houses and all arrangements or agreements en-
tered into by the State Of Ohio by acts Of the Gen
eral Assembly or otherwise, with any person or
persons, State, corporation or company or with
the United States, relating TO said public works,
during the time aforesaid and SHALL at all times
when the season will permit and the water is not
necessarily drawn out Of said public works, for
repairs or new construction or when said works
are not obstructed by ice or by some unavoidable
breach in some structure Of said works. or other
casualty, or on account Of scarcity of water, pro-
duced by drought, keep the same IN good and proper
condition and repair, for prompt, speedy and sue.
cessful navigation by all boats not drawing more
than three feet OF water, and shall from time to
time, make all necessary and proper repairs and
reconstructions as the Board may require. and
under the direction Of the Board, or an engineer
appointed by said Board so as to keep said public
works in good and proper condition Of repair,
and deliver up said public works to the State of
Ohio at the termination Of said lease, in like good
condition.
Whether all these stipulations and re-
quirements. for the fulfllment of which
the lessees are held on their bond, have
been performed, is a proper subject for
legislative inquiry and investigation.
| While it is asserted on behalf ofthe les.
sees, that the works are in better condi-
ton than at the commencement of their
term, it is but common business prudence
and no reflection against them, for the
State thoroughly to investigate the mat
ter and ascertain for itself what the facts
are in this regard.
1t is, of course, the right of the State,
under the lease, and the duty of its Off
GERS to insist upon a complete fulfllment
of these obligations. And if its accept
ance of the public works from the elessees
before the end of the term, be desirable
in any event, (which l strongly ques-
tion), such fulfllment should precede,
and be ascertained prior to the accept
anCe.
On failure to pay such rent, the Attor-
ney.G General brought suit therefor, upon
the lessees' bond, in the Superior Court
of Montgomery county, which is now
pending. By consent of parties, two re-
ceivers, at compensation not exceeding
$500 per day each, we're appointed by the
court to collect rents and tolls and pre-
serve 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 Legislature 9TH
erwise direct. One, Mr.. Peter Thatcher,
was designated by the Board Of Public
Works, and the other, Mr.. Charles Par
rott, by the lessees. They are both we'll
fitted by experience and character for
the discharge of their duties. l have no
doubt that this was the most practicable
and best method of providing that con-
stant care and protection for canals,
which the public interests imperatively
demanded they should have pending the
controversy.
The right of the lessees thus to abandon
the leased property will be adjudiCated in
this suit, and as decision is expected
without great delay, it is not my purpose
to enter at length upon discussion of
the legal questions involved. 1t may be
observed, however, that whatever griev-
ance the lessees had to complain of as
against the State-and it is very question
able whether they had any just one-ex-
isted prior to June /, 1877, when they re-
newed their rental bond for two years,
and paid their rent for six months in adj
vance.
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 q valid law. IfinValid, it was harmless
to affect them. In analogy to the settled
principle that the payment of rent after
known breach Of q condition of forfeit
ure is Q waiver for that breach, may it
not fairly be claimed that the renewal of
their bond and payment of rent by the
lessees, June l, constituted a waiver by
them of any objection on account Of said
act, or any alleged grievance by the State
then existing and known? And did not
the surrender, December l, months after
the alleged wrongs, and near the close of
the business season, come rather late
1t has seemed 80 to me. That the State
cannot afford to abandon the canals if the
courts shall decide in favor of the course
taken nv the laasaaa mazda M arounoant