as may be just and equitable to both parties. The said commissioners are also authorized to use such means as they may deem proper to obtain possession of bonds, bills, notes or other securities deposited or placed with the cashier of said trust company in the city of New York by William H Gibson, late treasurer of state, and of the proceeds of such bonds, bills, notes or other securities, but nothing in this resolution contained shall be construed as releasing said trust company from their liability to account to the state for the said securities, or the expenses of obtaining possession as aforesaid. WILLIAM B. WOODS, Speaker of the House of Representatives. MARTIN WELKER, April 6, 1859. President of the Senate. JOINT RESOLUTION, Relative to the claim of Peter Snider. WHEREAS, The state of Ohio, by her duly constituted agents, on the first day of May, 131, leased to the said Peter Snider and one Martin Snider, certain water power at lock No. 1, south of Dayton on the Miami and Erie canal for the period of ninety-nine years, which said water power has been improved by the said Peter and Martin Snider by the erection of mills and machinery at said lock-and whereas on the 22d day of June, 1839, the said Martin Snider sold and conveyed all his interest in said lease to the said Peter Snider. And, whereas, it is claimed by the said Peter Snider that the state of Ohio, by her agents, has failed to comply with the terms of said lease on the part of the state, and has failed to furnish to the said Peter Snider the amount of water power at said lock, which by the terms of said lease the state was bound to furnish; therefore, be it Resolved, by the General Assembly of the State of Ohio, That the board of public works be and they are hereby authorized and required to settle and adjust said matter with the said Peter Snider and if in the opinion of said board, the state has in any respect failed to comply with the terms of said lease on her part, shall pay to the said Peter Snider, out of any moneys appropriated for the payment of damages on the public works, any damages which the said Peter Snider may have sustained by reason of such failure on the part of the state. WILLIAM B. WOODS, Speaker of the House of Representatives. MARTIN WELKER, President of the Senate. April 2, 1859. JOINT RESOLUTION, Relative to enlarging ditches of Maumee and Western Reserve roads. Resolved, by the General Assembly of the State of Ohio, That the board of public works are hereby authorized and directed to cause the ditches of the Maumee and Western Reserve road to be enlarged, and new ditches constructed where necessary, in order to carry off all the water which may flow into them, and to prevent the adjoining lands from being overflowed by such water. WILLIAM B. WOODS, Speaker of the House of Representatives. President of the Senate. April 2, 1859. JOINT RESOLUTION, Relative to adjustment of claims against the State. Resolved, by the General Assembly of the State of Ohio, That a committee be appointed consisting of three on the part of the House and three on the part of the Senate, for the purpose of investigating all claims for damages against the state of Ohio, arising out of the recission on the part of the state of certain contracts entered into with dif ferent individuals, for keeping the public works of the state in repair and that said committee report to the House. WILLIAM B. WOODS, Speaker of the House of Representatives. MARTIN WELKER, April 2, 1859. President of the Senate. JOINT RESOLUTION, Relative to governor's proclamation. Resolved, by the Senate and House of Representatives, That the governor be and he is hereby requested, in the course of the current year, to issue his proclamation designating a day of public thanksgiving and prayer to Almighty God, for his blessings vouchsafed to the people of Obio WILLIAM B WOODS, Speaker of the House of Representatives. President of the Senate. April 6, 1859. JOINT RESOLUTION, Relative to the receiving of the outstanding circulation of the Canal Bank of Cleveland by the treasurer of state, and the issuing of certificates therefor. Resolved, by the General Assembly of the State of Ohio, That the treasurer of state is hereby directed to receive all outstanding notes of the Canal Bank of Cleveland and issue his certificates for the same, in the same manner as though the time for receiving said notes had not expired, as per printed notice. And the said treasurer of state is also directed, upon the final payment or part payment of the certificates given for the notes of the Canal Bank, to place the certificates given for said notes, by virtue of this resolution, upon the same footing as those originally given by him before his printed notice: Provided, that this resolution shall not authorize the said treasurer to extend the time for receiving said notes beyond the first day of August next, of which due notice shall be given in two or more newspapers of the city of Columbus; and provided further, that nothing in this resolution contained shall be construed as authorizing the redemption of said notes by the treasurer of state, otherwise than from the proper assets of [the] bank, or to make the state in any way or manner liable therfeor. WILLIAM B. WOODS, Speaker of the House of Representatives. April 6, 1859. President of the Senate. JOINT RESOLUTION, Relative to preserving printed bills, &c., in state library. Resolved, by the General Assembly of the State of Ohio, That the state librarian be and he is hereby instructed and required to have bound and preserved in the library for future reference, two copies of the printed bills, and printed amendments to bills introduced in the Senate and House during the present session. WILLIAM B. WOODS, Speaker of the House of Representatives. April 6, 1859. JOINT RESOLUTIONS, President of the Senate. Relative to tonnage duty on merchandise passing over the Pennsylvania railroad. WHEREAS, By section ten of article one of the constitution of the United States, it is provided that no state shall, without the consent of the congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and that no state shall, without the like consent, lay any tonnage duty; and, whereas, by the act to incorporate the Pennsylvania railroad company, enacted by the senate and house of representatives of the commonwealth of Pennsylvania in general assembly met, and approved by the governor of the said commonwealth the thirteenth day of April, one thousand eight hundred and forty-six, the said company is authorized, from time to time, to establish, demand and receive such rates of toll or other compensation for the transportation of merchandize and commodities, passing over said railroad, as to the president and directors shall seem reasonable; and it is provided and enacted, that in addition to such toll or other compensation, all tonnage, of whatever kind or description, except the ordinary baggage of passengers, loaded or received at any point on the said Pennsylvania railroad, between the cities of Pittsburg and Harrisburg, or at either of said cities, and carried or conveyed on or over the same, more than twenty miles, between the tenth day of March and the first day of December, in each and every year, shall be subject to a toll or duty, for the use of the said commonwealth of Pennsylvania, at the rate of five mills per mile for each ton of two thousand pounds, to be collected by the said company and paid to the treasurer of the said commonwealth, in the manner and at the times specified in the said act; and whereas, by the act supplementary to the act aforesaid, approved by the governor of the commonwealth aforesaid the twenty-seventh day of March, one thousand eight hundred and fortyeight, it is further provided and enacted, that the tax on tonnage of five mills per ton per mile from the tenth of March to the first of December, payable to the state treasury, under the provisions of the first named act, be commuted to a tax of three mills per ton per mile during the whole year, under certain conditions, in the said last mentioned act specified; to which said impositions of toll or duty on tonnage the congress. of the United States have not, at any time, consented; and whereas, the toll or duty on tonnage, so imposed as aforesaid, is a grievous and unwarrantable burden upon the people of this state, in the transit of their merchandise and other commodities through and in the state of Pennsylvania, in the importation thereof into this state, and the exportatation of the same to other markets: Therefore, Resolved, by the General Assembly of the State of Ohio, That in the opinion of this general assembly, the aforesaid provision of the constitution of the United States was adopted as a part of that instrument for the purpose and with the intent thereby of prohibiting the imposition, by state authority, of any tax or duty upon tonnage, and upon the importation, exportation or transit of merchandise and other commodities into, from, or through any of the states, without the consent of the congress, and that the aforesaid acts of the general assembly of the commonwealth of Pennsylvania, laying a toll or duty on tonnage, are in conflict with the constitution, and impose illegal burdens upon the citizens of this state. Resolved, That the governor be and he is hereby authorized and requested to correspond with the proper authorities of the commonwealth of Pennsylvania, with a view to procuring a repeal or abrogation of the aforesaid toll or duty on tonnage, and that he transmit to the governor of the said commonwealth, to be laid before the legislature thereof, a copy of these resolutions; and that he also transmit a copy to the governor of each state. Resolved, That the governor be and he is hereby authorized and requested to cause inquiry and examination to be made by the attorney general as to the constitutional validity of the acts of the general assembly of the commonwealth of Pennsylvania, levying a tonnage, tax or duty on merchandise and other commodities transported on the Pennsylvania railroad, and upon receiving the report of the attorney general, the governor be and he is hereby authorized and requested to cause legal proceedings to be taken by the attorney general in the proper courts, at an early day, to test the constitutional validity of said tonnage, tax or duty. WILLIAM B. WOODS, Speaker of the House of Representatives. MARTIN WELKER, April 6, 1859. President of the Senate. JOINT RESOLUTION, Rescinding S. J. R. 95, and relative to a sine die adjournment. Resolved, by the General Assembly of the State of Ohio, That the resolution of adjournment heretofore passed, be and the same is hereby rescinded, and that this general assembly adjourn sine die on this day, Wednesday, April 6th. WILLIAM B. WOODS, Speaker of the House of Representatives. President of the Senate. April 6, 1859. JOINT RESOLUTION, Assigning rooms in state house to attorney general and comptroller. Resolved, by the General Assembly of the State of Ohio, That rooms numbers four, five and six, in the south wing, first story of the capitol, be and the same are hereby assigned to the comptroller of the treasury, that room number five on east side of center building, now occupied by the comptroller of the treasury to the attorney general. WILLIAM B. WOODS, Speaker of the House of Representatives. MARTIN WELKER, April 6, 1859. President of the Senate. |