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seventy-two jury cases, disposed of one hundred and eighty-three causes depending on demurrers, motions, &c., and, in addition, have now thirty-eight cases of demurrer and special motions, which have been argued and are now under advisement, and in which I shall have to give written opinions on the last of this month, (which is an adjourned day for that purpose,) if I can get time to examine them and write out the opinions.

The business of the supreme court has now accumulated and will be increasing so much, that I think it proper that a reporter should be continued.

I remain, yours, &c.,

GEORGE MORELL.

Note. A year ago ago last May, there were ninety-three demurrers on the law docket.

Concurring entirely in the views thus expressed by a majority of the judges, and believing that very little benefit has resulted, or will result from the continuance of that officer, and his appointment being vested in the court, and consequently the officer himself beyond the reach of the legislature, your committee recommend, therefore, the adoption of the following joint resolution :

Resolved by the Senate and House of Representatives of the State of Michigan, That all provisions of law authorizing the payment of a salary to a reporter of the decisions of the supreme court and of the court of chancery, be, and the same are hereby suspended. All which is respectfully submitted.

CHARLES E. STUART, Chairman.

And the said resolution was adopted by the house and transmitted

to the senate.

E. J. ROBERTS,

Clerk of the House of Representatives.

[No. 22.]

Report of the Committee on Education, to whom was referred the Special Message of the Governor, &c., relative to the School and University Funds.

The committee on education, to whom was referred the special message of the governor, with a letter from the state treasurer, on the subject of the university and school fund and university and primary school interest fund, beg leave respectfully to report:

That they have had said message and letter under consideration, and have come to the conclusion that further legislation in respect to these funds, is not advisable at the present time.

By reference to the revised statutes, it appears that the superintendent of public instruction is required at stated times and on certain conditions, to deposite in the treasury all moneys in his hands on account of the university and school funds. This deposite is general in its terms, and when once received by the treasurer and receipted as money, whether the same be bank bills, treasury notes or specie, it must be treated as money in the treasury, and having been thus received, the general fund becomes chargeable with the same. It becomes indebted to the university and primary school fund, and the deposite is a claim against that fund, and may be paid in treasury notes according to the provisions of the act for the anticipation of the five million loan, approved April 13, 1841.

Supposing this construction of the law to be correct, further legislation in regard to the principal of either of these funds, is unnecessary at the present time. Treasury notes having been received into the treasury as money, they can be paid out again without loss to the principal of the fund.

Your committee cannot in justice to those who are to pay interest on the university and primary school fund, recommend the rejection of treasury notes in the payment of the same. These notes have been put in circulation by the state, and the state ought to receive them in all payments into the treasury. If these notes are received in payment of interest on the school or university fund, that fund is to be credited with the same, and to the extent of the credit the general fund becomes a debtor to the former fund.

Your committee, therefore, recommend the adoption of the follow

ing resolution:

Resolved, That further legislation on the subject matter of reference is unnecessary.

[No. 23.]

Report of the Committee on Printing, to whom was referred the account of Messrs. Dawson & Bates, for State Printing.

The committee on printing, to whom was referred the account of Messrs. Dawson & Bates, for paper, printing, binding, &c., for the state of Michigan, through their chairman, respectfully report:

That having had the subject under consideration, and after a careful examination of the account submitted to them, (at which examination, Mr. Bates, of the firm of Dawson & Bates, was present,) find an error in the item of the account for publishing the session laws of 1841, in the state paper. The charge is for publishing two hundred and fifty pages of the session laws, when there are only two hundred and twenty-one pages in the volume of laws which were required to be published, or which were published in said paper. Mr. Bates readily acknowledged an overcharge of twelve pages in this item, and requested a deduction from the bill of twelve dollars; but your committee have discovered a further error, as will be seen by the above statement, of seventeen pages more, overcharged,

Your committee also find, in the "Act to provide for the payment of certain claims therein mentioned," the following clause: "To Dawson & Bates, seven hundred and thirty-seven dollars and fortytwo cents, for binding, publishing laws, &c., from April 24th, 1840, to April 3d, 1841, inclusive, embracing the publication of the laws of the present session, up to and including act number thirty-two," which makes forty-eight pages of the session laws, as per bound volume, which forty-eight pages having been once charged and paid for, ought not to be charged again to the state. Your committee would, therefore, recommend a deduction of sixty-five dollars in the bill of Messrs. Dawson & Bates, for the publication of the laws in

the state paper, over and above their acknowledged error of overcharge of twelve dollars.

Your committee find in said account, a charge of four hundred and eighty reams of paper, at four dollars and forty cents per ream, for session laws, journals, documents, &c. This seemed to your committee to be a large quantity of paper for work designated, and, by the following estimation made of the work and paper necessary for the same, your committee came to the conclusion that there was an overcharge of one hundred and seventy-four reams. In making the estimate, your committee have adopted the following rule, to wit: Seventeen quires of paper to a ream, (allowing one quire for wastage, besides the quassie or two outside quires,) which makes four hundred and eight sheets to a ream, and sixteen pages to a sheet. The number of pages of each volume charged, is as follows, to wit:

310 pages session laws, 3,700 volumes,
578 pages senate journal, 250 volumes,
780 pages house journal, 250 volumes,
626 pages joint documents, 500 volumes,
294 pages house documents, 250 volumes,
236 pages senate documents, 250 volumes,

Total number,

1,184,000 pages.

144.500 do

195,000 do

313,000 do

72,000 do

59,000 do

1,966,500 pages.

It is proper here to state, that Mr. Bates, one of the firm of Dawson & Bates, admitted that an error must have occurred in making this charge of paper, and said that they purchased five hundred reams of one Mr. Jones, at three dollars and ninety-one cents per ream; that the transportation and cartage cost about ten cents more, and that the law allowed them ten per cent more for purchasing; that they put the paper in a store room where they had other paper in store; that they kept an account of what they used on other jobs, and counted what was left after the state work was done and charged the balance to the state, which he supposed was correct. Mr. Bates further said, that the wastage of a ream of paper, in such work as that charged for, was about two quires, besides the two outside or quassie quires. Your committee are of opinion, that the wastage claimed is more than it really is, in such work as they have done for the state. He was willing to admit that there was an overcharge [H. R.]

13

in the bill of Messrs. Dawson & Bates. After the account was reported to the house and ordered printed, the chairman of your committee received a note from Mr. Bates, of that firm, of which the following is a copy:

Detroit, February 12, 1842.

Hon. T. DORT, Chairman Committee on Printing :

SIR-On re-examining the account against the state for printing, I find that an error occurred in the charge for paper used on the documents, journals, &c. In separating the charges for printing the tax list from the legislative printing, I neglected to give the legislative account credit for the one hundred and eleven reams of paper used in printing those lists.

You will oblige me by making the correction in the bill.

Yours respectfully,

MORGAN BATES.

Your committee are clearly of the opinion, that in addition to the one hundred and eleven reams of paper admitted to be erroneously charged in the account, sixty-three reams more should be added, which would make one hundred and seventy-four reams, as before stated, which would amount to the sum of seven hundred and sixtyfive dollars and sixty cents, which your committee believe ought to be deducted from the account.

Your committee find in the "Act to provide for the payment of certain claims therein mentioned," before recited, an appropriation in favor of George Dawson, of five thousand dollars to pay for paper to be used in printing for the state for the year 1841. Your committee are unable to determine for what purpose this sum was applied, if drawn from the treasury. It appears by the before mentioned act, that all paper used for printing for the state, was included in other items in said act. Your committee find no credit for any money received, in the account submitted to them. They would, therefore, leave this matter with the house, to take such action thereon as they may deem just and proper.

Your committee have ascertained, by the testimony of James Jones, of Ann Arbor, taken before them on the 14th instant, that Messrs. Dawson & Bates purchased of said Jones, five hundred reams

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