The Somerset press. [volume] (Somerset, Ohio) 1873-1977, 1878-01-17

under the heads :" The Sinking Fund F"
and The Funded Debt" pages 81 and
53 of the same report. During the last
two years, the levy for State taxes was
reduced two-tenths of a mill from the
rate of 1875, being at present two mills
and nine-tenths. In view of the pay
ment of the debt maturing in 1891, the
reduction was ill advised, and in order
to meet the requirements of the Consti-
tuition and keep the plighted faith of the
State, it will be necessary to restore the
levy to three and one-half mills for the
next three years, after which it may be
materially reduced. The Auditors ex-
hibit very clearly makes the increase
imperative, if the debt is to be paid at
maturity. -..-s
Attention is called to the report of the
Treasurer of State on the subject of our
ad ualorena system of taxation-page Al,
ct seq The Constitution provides that
q laws shall be passed taxing by uni
form rule, all moneys, credits, invest
ments in bonds, stocks, joint stock COM
panies, or otherwise, and also all real
and personal property according to its
true value in money a
That laws have been passed in accord
ance with this provision is true, but the
Treasuers S statement as to the execution
of these laws in the various localities of
the State will command investigation
and some remedial legislation to enforce
uniformity and equity in placing the
burden of taxation where 1t properly
belongs. -..
. ~ IT, PUBLIC WORKS. zr.1 =. "a
The lessees of the public works, on the
lst day of December, ultino, abandoned
them, and refused to pay the rent there
for t$1O,037. .50), 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
particularly the act of April "a, 1877,
authorizing the city of Hamilton, upon
certain specified conditions, to fill up a
part of the canal basin in that city,
amounted to, or operated in causing, an
eviction of them from what they claimed
to be valuable part of the leased
property. .;.-.-y
The failure thus to pay the rent con-
stituted ground, under 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. -t..-.. ...-...... t........s
The statute under which the lease was
made, among other things, provides that :
" 1t shall be part of the contract be-
tween the lessee or lessees and the State,
that the lessee OF lessees : X shall faith
fully perform all the legal contracts. of
the State for the term aforesaid con-
tanned in the water leases on said public
works, or ON leases of ground for col
lector's Offices or Lighthouses, and all
arrangements or agreements entered
into by the State of Ohio, by
acts of the General Assembly or
otherwise, with any person or persons,
State, corporation, or company, or with
the United States relating to said public
works during the term aforesaid; and
shall, at all times when the season will
permit, and the water is not necessarily
drawn out of said public works, for re
pairs or new construction, or when said
works are not obstructed by ice, or by
reason of some unavoidable breach oi
some structure of said works, or Other
casualty, or on account of scarcity oi
water, produced by drought, keep the
same in good and proper condition anc
repair, for prompt, speedy, and success
full 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 reconstruction
as board may require, and under th'
direction of the board, or an enginee
appointed by said board, SO as to keel
Psaid works in good and proper condition
of repair, and deliver up said public
works to the State of Ohio at the ter
mination of said lease in like good con
dition." .a
Whether all these stipulations ant
requirements, for the fulfillment o
which the lessees are held.on their bond
have been performed, is proper subjec
of legislative inquiry and investigation
While it is asserted On behalf of tn
lessees that the works are in better con
dition than at the commencement Q
, their term, it is but common bushes
. prudence, and no reflection agains
= them, for the State Thoroughly TO invest
: gate the matter, and ascertain for itsel
q what the facts are in this regard.
o 1t is, of course, the right of the Stat'
under the lease, and the duty of il
. officers to insist upon complete fulfil
o ment of these obligations. And if il
, acceptance of the public works from th
: lesses before the end of the term
: desirable in any event, which l strongl
- question, such fulfillment should preceo
and be ascertained prior to the accep
q ance
e On failure to pay such rent the A
e upon lessees' bond, in the Superi'
| g ;ol,
!, now pending. By consent of parties tv
= receivers, at compensation not excee
:, ing So per day each, were appointed
% the Court to collect rents and tolls, ar
preserve the works from immediate
% threatened injury, through the necessal
80 agents to be employed by them. Tht
o6 are to serve till the termination of tt
ss suit, or until the Court or Legislatu
Thatcher, was designated by the Boa
Charles Parrott, by the lessees. They a
IS acter for the discharge of their dutit
90 I have no doubt that this is the me
% practicable and best method of providil
that constant care and protection f
70 canals, which the public interests il
"a peratively demanded they should ha
w W pending the controversy.
: The right of the lessees thus to aband
q y the leased property will be adjudicat
10 in this suit, and as decision is expect
81 without great delay, it is not my pl
- pose to enter at length upon a disc'
= sion of the legal questions involved.
SS may be observed, however, that, VIII
of ever grievance the lessees had to CO
of plain of as against the State and ii
IL very questionable whether they had a
N Just one = existed prior to June 1, Is
wv when they removed their rental DO
or for two years, and paid their rent
lis six months in advance
be They were charged with the notice
d; the act of April "a, above referred
to End could not shut their eyes to
he operation if n valid law If inyal