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Saturday, March 31, 1849. The House met pursuant to adjournment, and was called to order. by the Speaker.

Prayer by the Chaplain.

The roll was called, and Messrs. Bowne, Curtis, A. Gillet, M. S. Gillett, Mosher, St. Clair and Tilden were absent on leave, and Messrs. Ferguson and Hatch were absent without leave.

Mr. Davis, from the committee on roads and bridges, to whom was referred the Senate bill to create a road fund for the benefit of the main road between Jackson and Lansing, and to authorize the appointment of commissioners, to expend the same, reported the same back without amendment and recommended its passage, which report was accepted and the committee discharged from the further consideration of the subject, and

The bill was ordered to be read the third time, was so read, and was passed.

Mr. Matthews, from the committee on the organization of townships and counties, to whom was referred the bill to amend an act to organize certain townships, approved March 15, 1849, and for other purposes, reported the same back amended, in accordance with the instructions of the House, which report was accepted and the committee discharged from the further consideration of the subject, and

The bill was then passed,

Mr. Lockwood, from the majority of the committee on claims, to whom was referred the Senate joint resolutions in regard to the sum of two hundred dollars received from the state by Charles G. Hammond, late Auditor General, on a warrant numbered three thousand eight hundred and ninety-four, reported the same back with an amendment, and recommended its passage, which report was accepted.

Mr. G. B. Turner, from the minority of the committee on claims, made the following report, which was accopted, viz:

The undersigned would respectfully report that thoy have had the subject matter of said joint resolution under considération, and submit the following statements in relation thereto for the consideration of the House:

First. It appears from the report of a select committee of this House, made in February last, that Charles G. Hammond did on

the fourteenth day of February, 1844, (being then the Auditor General of this state,) draw his warrant upon and take from the treasury of the state the sum of two hundred dollars without any authority of law. In this report the said eommittee were unanimous.

Second, The select committee submitted with said report a joint resolution in the words following, to wit: JOINT RESOLUTION instructing the Attorney Genoral to recover

of Charles G. Hammond, late Auditor General, a certain sum of money illegally taken from the treasury.

Resolved, by the Senate and House of Representatives of the State of Michigan, That the Attorney General be, and he is bereby direct. ed to take legal measures to reeover of Charles G. Hammond, late Auditor General of this state, the money, with the interest thereon, drawn by said Hammond from the treasury of the state, upon a war. rant number three thousand eight hundred and ninety-four, .for two hundred dollars, purporting to have been for extra services and time as Auditor General of the state of Michigan.

Third. This joint resolution was duly considered by the House and passed. It was then sent up to the Senate for the action of that body.

Fourth. On the 9th of March instant, a memorial, in relation to the action of said special committee, signed by Charles G. Hammond, was presented to this body. The memoralist does not deny having taken from the treasury the sum of two hundred dollars, over and above the amount of his salary as fixed by law; nor does he pretend that the amount was taken by authority of law, but on the contrary, virtually admits that he had no legal right to take the money whatever, and excuses the act by saying that he had performed extra services, and was consequently entitled to extra pay.

His salary was fixed by law. That salary the law declares should be in full for his services. That law made 'no provisions for extra services or extra pay. The undersigned, therefore, can come to no other conclution than this: that Charles G. Hammond, late Auditor General, did take from the treasury the sum of two hundred dollars, without the sanction or authority of ilaw, and that immediate steps should be taken to collect the same, with interest. We, therefore, recommend the passage of the substitute for the Senate resolutions herewith reported. We are of opinion that every individual entrust

ed with the public funds should be held to the strictest accountability. That no person should be exempt from this rule, however humble or elevated his position in life. Individuals performing extra services should look to the power creating the offices, and the pay

for a remuneration for such extra services, but they should not be permitted themselves to judge of the services or the pay. For if they are once permitted to judge in their own cases, the funds of our state would sometimes, at least, be jeopardized by the avarice and cupidity of reckless public functionaries.

G. B. TURNER,

WM. HAMMOND. The joint resolutions in regard to the sum of two hundred dollars received from the state by Charles G. Hammond, late Auditor Gen. eral, on a warrant numbered three thousand eight hundred and nine. four, together with the amendment thereto, and the substitute therefor, were referred to the committee of the whole and placed on the general order. The following communications were received from the Executive:

EXECUTIVE OFFICE, ?

Lansing, March 30, 1849.5 7" the House of Representatives:

I have this day approved, signed and deposited in the office of the Secretary of State,

An act to locate the seat of justice in the county of Kent; and

An act to incorporate the North American health insurance company

EPAPHRO. RANSOM.

Executive OFFICE, )

Lansing, March 30, 1849.5 To the House of Representatives :

I have this day approved, signed and deposited in the office of the Secretary of State,

An act to amend an act entitled an act to amend an act entitled an act to incorporate the village of Marshall, and for other purposes;

An act for the relief of Nancy D. Carter;

An act to authorize Charlotte Pratt, widow of John W. Pratt, to convey certain real estate; and

An act to authorize Losina Wilson, widow of Daniel Wilson, to sell certain real estate.

EPAPHRO. RANSOM.

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The following message was received from the Senate:

SENATE CHAMBER,

Lansing, Murch. 31, 1849. F To tlie Speaker of the House of Representatives :

Sir:--I am instructed to return herewith the following entitled bills, which the Senate have passed with amendments, in which the concurrence of the House is respectfully asked, viz:

A bill appropriating certain non-resident highway taxes on the road leading from Hillman's, in the township of Tyrone, in the county of Livingston, to Pontiac, in the county of Oakland;

A bill to incorporate the Frederick and Utica plank railroad com

pany; and

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A bill to amend an act entitled an act to amend the revised statutes of 1846, concerning the assessment and collection of taxes; als

The following entitled bill, and to respectfully inform you that the Senate have concurred therein, viz:

A bill to vacate a part of the corporate limits of the village of Grand Rapids, in the county of Kent.

I am further instructed to transmit herewith the following entitled bill and joint resolution, which the Senate have passed and in which concurrence of the House is respectfully asked, viz:

A bill to amend an act to establish an asylum for the draf and dumb and the blind, and also an asylum for the insane of the state of Michigan, approved April 3, 1848, and

Joint resolution relative to slavery and the slave trade in the dis.. trict of Columbia.

Respectfully, &c.,

W. L. BANCROFT,

Secretary of the Senate. The bill to vacate a part of the corporate limits of the village of Grand Rapids, in the county of Kent; was ordered to be enrolled.

The Senate bill to amend an act to.establish an asylum for the deaf and dumb, and the blind, and also an asylum for the insane of the state of Michigan, approved April 3, 1848, was read twice, when

Mr. O. C. Comstock moved a suspension of the rules, which motion prevailed, and

The bill was ordered to be readithe third time, was so read, and was passed

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The Senate joint resolution relative to slavery and the slave trade in the district of Columbia, was read twice and referred to the com• mittee on federal relations.

The first Senate amendment to the bill to amend an act entitled an act to amend the revised statutes of 1846, concerning the assessment and collection of taxes, was non-concurred in, and the second amendment was concurred in.

The Senate amendments to the following entitled bills were sererally concurred in, and the bills as amended were ordered to be enrolled, viz:

A bill to incorporate the Frederick and Utica plank road company; and

A bill appropriating certain non-resident highway taxes on the road leading from Hillman's, in the township of Tyrone, in the county of Livingston, to Pontiac, in the county of Oakland.

On motion of Mr. J. W. Turner,

The vote was reconsidered, by which the House refused to pass . the bill to amend an act entitled an act to amend and consolidate the act to incorporate the stockholders of the Michigan insurance company of Detroit, approved March 7, 1,834, and the several acts amendatory thereto, approved March 28, 1849, and

The question recurring on the passage of the bill, it has passed by a two-thirds vote, as follows:

YEAS.
Mr. Allen,
Mr. Fox,

Mr. Matthews,
Andrews,
Flower,

McNeil,
Belding,
Giddings,

Moffatt,
Haight,

Moran,
Cady,
Harger,

Mulhollen,
Campbell,
Hartsuff,

Salyer,
Chittenden,
Hawley,

Stevens,
Coman,
Hobart,

Stoddard,
H. H. Comstock, Holmes,

Turrill,
0. C. Comstock, Ingersoll

Tuttle,
David,
Kilborn,

Waite,
Dayton,
Lockwood;

Speaker,
Earl,
Lovell,

33
NAYS.
Mr. Bacon,
Mr. Deming,

Mr. G. B. Turner,
Burk,
McNair,

J. W. Turner,
Chamberlain Pennoyer,

Wilkinson,
Davis,
Smith,

Wright, 12

Buck,

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