Referred to the joint select committee heretofore appointed on that subject. Mr. Corwin presented the petition of D. P. Adair and 48 other citizens of the town of Port William, in Clinton county, asking for an act of incorporation for said town. Referred to a select committee of one-Mr, Corwin. Mr. Ewing presented the petition of George R. Hand, Rufus Hubbard and John M. Edwards, in favor of a law creating the office of superintendent of common schools for Cincinnati. Referred to a select committee of two-Messrs. Ewing and Reemelin. Mr. Wilson presented the petition of James Bryson, David Studabaker, and a large number of other citizens of Darke county, in favor of authorizing the commissioners of said county to subscribe to the capital stock of the Greenville and Miami Railroad, on behalf of said county. Referred to a select committee of one—Mr. Wilson. Mr. Emrie, from the committee on Public Printing, to which was referred House joint resolution, relative to printing the special report of the Board of Public Works, in relation to the Zanesville and Maysville Turnpike Road Company, reported the same back, recommending its passage; which was agreed to. The same gentleman, from the same committee, to which was referred House joint resolution, relative to printing the report of the Directors and Warden of the Penitentiary, reported the same back with an amendment; which was agreed to. On motion of Mr. Hastings, The resolution, as amended, was recommitted to the committee on the Penitentiary. Mr. Randall, from the committee on Corporations, reported back House bill No. 47; An act to exempt the corporation of the town of Springfield, Clark county, from the operation of the 27th section of the act entitled "an act to amend the act for levying taxes on all property in this State according to its true value," passed March 2, 1846, passed February 8, 1847. Ordered to be read a third time on tomorrow. The following bills were severally read the second time, committed to a committee of the whole Senate, and made the order of the day for this day: S. No. 31; Authorizing the electors of this State, at the next annual election for members of the General Assembly, to vote for or against a convention, agreeably to the provisions of the fifth section of the seventh article of the constitution. H. No. 18; To incorporate the Toledo Plank Road Company. H. No. 50; To authorize the sale of certain school lots in Xenia township, Greene county, and in Jackson township, Pike county. The following bills were severally read the third time and passed: H. No. 37; To levy a tax upon the town of Lancaster, to pay the indebtedness of Lancaster school district No. 1, in Hocking township, Fairfield county, S. No. 28; To amend the act entitled an act to authorize the sale and conveyance of certain lots in Mansfield, Richland county, passed February 5, 1847. Ordered that the titles be as aforesaid. Mr. Backus, on leave, from the committee on the Judiciary, reported back Senate amendments to Senate bill No. 12; To amend an act entitled an act fixmg the rate of interest, passed January 12th, 1824, with an amendment. On motion of Mr. Olds, Said bill, with the pending amendments, was recommitted to the committee of the whole and made the order of the day for this day. The Speaker presented a communication from the Board of Public Works, transmitting the report of the Urbana, Troy and Greenville Turnpike Road Company. Laid upon the table and ordered to be printed. (See vol. Pub. Doc. No. 16, part 1.) On motion of Mr. Burns, The Senate took a recess. THREE O'CLOCK P. M. Mr. Stutson offered for adoption the following resolution: Resolved, by the Senate and House of Representatives of the State of Ohio, That eight thousand copies of the report of the officers of the State Lunatic Asylum, be printed for the use of the members of this General Assembly. Of the Senate's proportion, there shall be printed eighty-one per cent. in the English, and nineteen per cent. in the German language; and one thousand additional copies in the English, and one hundred in the German language, for the use of the officers of the institution. Which was agreed to. Mr. Hastings, from the committee on Enrollment, made the following report: The standing committee on Enrollment have examined and compared the following bill, and find the same duly enrolled: H. No. 27; An act making an appropriation for purposes therein named. On motion of Mr. Haines, S. No. 20, To secure the returns of statistics of common schools, was taken up. On motion of the same gentleman, Said bill was recommitted to the committee on Common Schools and School Lands. Mr. Wilson, on leave, from the committee on Finance, to which was referred the report of the commissioners appointed at the last session of the General Assembly, to examine the books of the Auditor and late Treasurer of State, made the following report: The standing committee on Finance, to which was referred the report of the special commission, appointed at the last session of this Legislature, to examine the books of the Auditor and Treasurer of State, &c., with instructions to examine the same, and in case any supposed discrepancies may have been discovered by said commission, to communicate the same to the said Auditor and late Treasurer, and to receive from them such exhibits and testimony as they may think proper to lay before the Senate. And the majority of said Finance committee respectfully report: That they have, in part, performed the duty committed to them; and that, after examining the said report, they have communicated to the present Auditor, and to the late Treasurer, a brief statement of some of the prominent discrepancies charged by said commissioners to exist upon the books in said departments, and also such other charges as are made in said report, at the same time informing said Auditor and late Treasurer of the readiness of your committee to receive from them such exhibits and testimony as they may desire to lay before the Senate. Your committee further report that said Auditor and late Treasurer have informed your committee that they cannot conveniently furnish such exhibits and testimony in the premises, as they may deem necessary, without having a copy of said report placed in their hands. Your committee, therefore, ask that they may be authorized, under the direction of the clerk of the Senate, to have the usual number of said document printed for the use of the members of this General Assembly, by the public printer; that further time may be extended to your committee to make a final report on the subject, and to receive exhibits, testimony and explanations from said late Treasurer, and present Auditor, and also the late Auditor, and that your committee may have power to examine witnesses under oath, (administered by some judicial officer) touching the premises. Your committee therefore recommend the adoption of the following resolutions: Resolved, That the standing committee on Finance be instructed to cause the usual number of the report in question, to be printed, under the direction of the clerk of the Senate, for the use of the members of this General Assembly, and that said committee have further time allowed them to receive exhibits, testimony and explanations from the Auditor and late Treasurer and Auditor of State, and to make a final report in the premises. Resolved, That the said committee shall have power to call witnesses and hear their testimony under oath (to be administered by some judicial officer) touching the premises, and should any witness refuse to attend, or to answer fully, the said committee are required to report said refusal to the Senate for further action on the subject. Mr. Reemelin, on leave, from the minority of the committee on Finance, made the following report, relative to the same subject: The minority of the committee on Finance, to which was referred the report of the special commissioners appointed at the last session of the General Assembly to examine the books of the Auditor and Treasurer of State, with instructions to examine the same, and in case any discrepancies may have been discovered by said commission, to communicate the same to the said Auditor and late Treasurer, and to receive from them such exhibits and testimony as they may think proper to lay before the Senate, would most respectfully inform the Senate, that they are unable to agree either with the report or the resolutions of the majority of said committee. The minority believe that the report of the said commissioners should be reported back to the Senate, and by the Senate be ordered to be printed in the usual manner. The intervention of the Finance committee and the clerk of the Senate are both unnecessary and improper, and there can be but one reason for pursuing this unusual mode, and that must be, that the majority of the Finance committee find themselves constrained to cover up an unusual proceeding in referring said report unprinted to said Finance committee, by following it up, by still more unusual and decidedly improper proceedings. Consistency in doing right, is praiseworthy, but to aim at consistency in error, but involves those who attempt it in a series of pitiful evasions. The minority of your committee would therefore respectfully indulge the hope, that the Senate will at once direct the Finance committee to report back the report of said commissioners, and order the same to be printed in the usual manner. Copies thereof should as soon as printed be transmitted to the officers implicated, and it should be left to them to take such action in the matter as to the said officers may seem proper. It is reasonable to suppose, from the known ability of said officers, that they are capable to take care of themselves. The officious care of pretended friends has already, and may continue to lead, to proceedings but little in consonance with the views of those whom such misjudged proceedings are sought to protect. Such has already been the fact, as appears from the report of the majority of the committee of which we are members. Both the Auditor and Treasurer desire the printing of said report, so as to obtain copies. The minority of your committee are also clearly of the opinion that all further action in the premises, of the examination of the officers referred to, should be had by the original commissioners. They are well acquainted with the subject, and the same propriety that permits the implicated officers to reply to the charges made against them, also requires that the said commissioners should be the board to whom and before whom such replies should be made. The Finance committec will have labors enough to perform, without seeking such burdens as the majority contemplate, and the minority of your committee believe that the said commissioners will discharge that duty better; charging the Finance committee with it will prove a material impediment to the full discharge of those various other duties that necessarily devolve upon the Finance committee. All of which is respectfully submitted. CHARLES REEMELIN, Mr. Olds moved to amend the resolutions reported by the committee, by striking out all after the word resolved, and inserting the following: Resolved, by the General Assembly of the State of Ohio, That the usual number of copies of the report of the commissioners appointed to examine the books, &c., of the Auditor and Treasurer of State, be printed for the use of the members of this General Assembly. Resolved, further, That T. Sparrow, C. H. Wing and S. Medbury, late commissioners, &c., be authorized and required to continue their investigation of the books, &c., of the Auditor, and late Treasurer and Auditor of State, and that they have the same powers confered upon the commissioners appointed to examine the books, accounts and proceedings of the Board of Public Works, by the 2d section of the act entitled "an act to amend the act entitled an act to appoint commissioners to examine the books, acconnts and proceedings of the Board of Public Works," passed Dec. 20, 1845. Resolved, further, That said commissioners be required to permit the Auditor, the late Treasurer and Auditor of State, to make such explanation as they may deem expedient, and that they be permitted to examine witnesses under oath, touching all matters connected with said report. Resolved, further, That said commissioners be required to report the result of their continued investigation to this General Assembly, at as early a day of the present session as practicable. On which question he demanded the yeas and nays, ordered, and resulted-yeas 16, nays 19, as follows: which were YEAS-Messrs. Ankeny, Archbold, Blocksom, Byers, Burns, Cronise, Emrie, Evans, Ewing, Graham, King, Olds, Reemelin, Scott, Spindler and Wheeler-16. NAYS-Messrs. Backus, Beaver, Bennett. Claypool, Corwin, Eaton, Haines, Hamilton, Hastings, Hopkins, Horton, Johnson, Judy, Kendall, Lewis, Randall, Stutson, Wilson and Speaker-19. So the motion was lost. The question being on the adoption of the first resolution reported by the committee, Mr. Olds demanded a division thereof; And the question being on the first branch of the resolution, instructing the committee on Finance to cause the usual number of the report of the commissioners to be printed, under the direction of the Clerk of the Senate, for the use of the members of this General Assembly, the same was agreed to. [See vol. Pub. Doc. No. 26, part 1.] The question then being on the adoption of the second branch of the first resolution, giving to said committee further time to receive exhibits, testimony and explanations from the Auditor and late Treasurer and Auditor of State, and to make a final report in the premi ses; |