Democratic Northwest. [volume] (Napoleon, Ohio) 1869-1894, 1890-01-09

the state o. Ohio against the United States.
This led TO a corospondance which resulted
In the following letters, which are herewith
submitted In order that you may be informed
as TO the character OF the claim and in order
that the terms OF the subsequent employment
Of Mr.. Earle to bring suit may be made matter
Of record and easily accessible:
WASHINGTON, D. c. May o 1s8
sIR: have the honor to ackpowledge the
receipt Of your favor Of the 18th ultimo. in re-
sponse TO mine Of the 19th. concerning The por-
tton Of the Five Per Cent. Fund withheld from
the State. fully appreciate the situation, and
that You are without legislative authority 70
make a contract, but feel quite sure that any
arrangement which you would make would be
deemed for the best interest Of the State and
p.<ely this is a matter which ought not to DO
ICfeatly delayed.
In response TO your inquiry as to the specific
manner in which the fund arises let me say,
thst on the admission Of Ohio into the Unionit
was provided that she was to have five per cent.
OF the net proceeds Of the sales Of the public
| over to her, and that the remaining two per
/ cent has been continuously withheld since
| then on account Of the Cumberland Gap road.
! That having been once withheld, the Depart
ment seems to have been unwilling nfterEarda
| to pay II over, though the reason and authority
for Withholding had entirely ceased. This two
per cent amounts toe5397, 756.07. l believe that
the same is legally recoverable. / think it can
be recovered by suit In the Court OF Claims,
but whether this succeeds or rot 1t elucidates
the situation and helps to secure Congressional
| action
Tam willing to undertake the recovery Of the
amount for fifteen per cent Of the amount re-
covered. For professional reasons which you
will fully appreciate would not be willing to
advance expenses and costs, though the amount
OF them would be quite insignificant.
would have answered your letter sooner, but
I have been out Of town for some little time.
| and it has required some days to get up the ins
formation as to the amount correctly and satis-
faetorily. arn with great respect,
Very respectfully,
Signed: WILLIAM e. EARLE.
To His Excellency, ]. B. Foraker, Governor Of
COLUMBUS, Ohio, May IA, 1889.
William E. Earle, Esq, No. IfI6, @E~ ST., NJ w.,
Washington, d. c.:
DEAR sm Answering your letter of the 9th
inst, I am quite willing that. ycu
lecting for the State Of Ohio the
claim about which you write but in the absence
OF any authority empowering me to employ any
one for such purpose do not wish to name
any percentage OF compensation. or to say more
to you than that will bring the matter before
the General Assembly for that body to do for
may approve. OF course this fs quite indefinite.
The Legislature may be liberal enough to sat-
isfy you, and 1t may not be. As to that, cam
not speak further than to say in all such mat
ters heretofore the General Assembly Of Ohio
has, think, been liberal enough to give reason
able satisfaction; but no one can tell anything
about such matter us to the future
If, with this understanding, or rather lack OF
understanding you fit to 60 ahead In the
matter, 1 will be pleased to have you do so.
have no appropriation at my command with
which to pay the expenses of which YOU speak,
but feel like assuring you that the Legislature
will make due provision for them when it again
meets,-next January Please advise me what
you conclude to do
Very truly yours. etc,
Signed: J. b. FoRAKER.
The suit has been brought and is now pend
ing in the Court of Claims at Washington. The
Attorney General of Ohio has been associated
with Mr.. Earle in the case. Such appropriation
should be made as may be found necessary to
defray the expenses incurred in connection
Herewith, and In the event Of recovery, such
compensation should be allowed Mr. Earle as
You may deem just and reasonable
THE CANAL COMMISSION AND THE CANALS
The act passed March 2s. 1888, provided for the
appointment OF o commission ito establish the
boundaries and lines of canals, canal basins.
reservoirs ETC., by an accurate survey by metes
and bounds, together with the maps and plats
of the same, and to define and protect the own
ershp and titles Of the State in and to all lands
belonging to and connected with such canals.
The commissioners appointed under this law
have labored diligently and efficiently In the
discharge of their duties.
They have surveyed the Miami and Erie canal
and plated almost the whole Of the same from
Toledo to point near Lockland, in Hamilton
County. By the expiration Of their term of Of
fee they will have finished the survey ard
plating of the Miami and Erie Canal, and prob
ably also that OF the Hooking, which under
stand they are intending to give attention to
next, but there will yet remain the whole of the
Ohio Canal. both the Northern and Southarn
divisions, and the Walhondinp Canal to be anr-
veyed and plated.
CO a., a., +I,a ,,rosao,,+;,,, ~ +1a;,. o~,. 49,, &
commissioners have not only established by
@ b9nd 81 tth ooaIs La; ~ .oees
or ior w tba ,s a,sd ,ara. ~, ~ "a q tss
ca,,oIs br+ tbay bov@ aiso ,Santita5 a,,d VIZ rn
caIiais, pu1 tney nhse also loentlnea ana re-
a s.- " ataiiiI ~ ts.I so
s :. ,s ~ " sI1 tt..es
s u ~ ~ s .R St. =. naayls P.1k
~ t ~ noe 1a a oo ~ III use @ t III
i ~ Se - it o,e 1 ~ - WI wi na
@ Deen p iosy ~ Ino SS.te, aLlu Mouiu
s 10 " i DIi ~, - w. = 49, = AAfAi's "feiiossuss
ionnsei my, Gsyoau ti 49, ~ ~ !. ,I, ..
am9 M tI; \. ~ VII tl IVY
isIi, ~ " .;SI ti i I.s Z ee, ~ -
hI y. st,i Iii ~ l,d a = sssa
~, sie or'.S sso ~ ~ Snas
to axaad tbs tirna N thss ~ g
,Ia. .hi, Ia Iahrs lV 10y 4'ss Sl
PivSI S1yIt onS.t go ,o =, ao, ..i Il
q VI y ~ aoo , eio
SiL "a ~ ~ - II clJ ~ sss = - -
t I'm Nv NV Iortio ~ than Isa
LII ~, So td "a az ~ d;ffaro,c IVA a ths ;.
and and eSpenditures On account thereof il COM
;,ix, snail aYd .,onI,, c,cno,s - h,s th
@ pa that ai5y ;SireotI 80 y ~, ny
r +T, ysS sbi @ asS.l ~ ti to
,.. as - a. nt. ,,t. a ssi ~ ,, Ss ~.
oHeag ff55 1aoos y ""ooi
ohoiaou' ,,, :, .,,,s,,r,,,,,
1 eio $50 $50 !. ..osaf
AS already stated, tne pubic INSTITUTIONS "a
tne SIate aLe "a saIlsIacpoLy s condlIion. ~
would be pleasant to refer 70 eaeh, and give
detailed account OF the work ~ has accom-
pi1shed ana tne promise ~ anords Tor the
future, but all This Is set foftn more FULLY than