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RECAPITULATION.

Pay of members of Council, per diem

and mileage,

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" Oficers,

853 001 " members of House per diem and mileage,

4617 961 " Officers, so

85) 001 Contingent expenses paid,

68 3 7211

2619 17 Printing Laws and Journals,

1918 25 19960 70 Total amount of appropriation,

111725) 00 Amount overpaid,

$2710 70 The foregoing amount of 2710 70-100 dollars to be deducted from the present appropriation in conformity with an act entitled “an act to provide for the payment of the expenses of the Legislative Assembly therein named," approved February 24th, 1845, which is as follows : “ The Secretary of the Territory is hereby authorized to apply in payment of any balance of appropriation made in this act, which shall remain unpaid after the expenditures of the appropriations for the expenses of the Legislative Assembly, made at the last session of Congress, so much of the appropriation which has been or shall be made at the present session of Congress, to defray the expenses of the Legislative Assembly, as will be requisite to pay such balance.”

As to the arrearages prior to August 1812, in April last I received from the treasury department the sum of 13,743 41100 dollars, and with it written instructions designating the items which the Secretary should be authorized to pay. In conformity with those instructions I have paid all demands presented designated therein, and shall continue to do. All which is most respectfully submitted.

GEO, R. C. FLOYD. Secretary's Office, Madison, W. T.

January 12, 1846.

(SEE JOURNAL, page 51.]

REPORT

OF SUPERINTENDENT OF TERRITORIAL PRORERTY.

To the Iłonorable the Legislative Assembly of the Territory of

Wisconsin:

The Superintendent of Territorial Property, respectfully begs leave to

REPORT:

At the date of my last report, the territorial suit against J. D. Doty, John F. O'Neill and Augustus A. Bird, as Commissioners of Public Buildings, had been removed from Walworth to Milwaukee county, and his Honor, Judge Miller; had decided, that one change of venue having been previously granted on the application of the defendants, there was no authori. ty of law for a second change on the application of either party, and that consequently he had no jurisdiction of the case. The papers were returned to the clerk of the court in Walworth and at the last spring term of the court in that county, his Honor, Judge Irvin, decided, that the venue had been changed from that county, and that the case had not been returned by any process known to the law, and that therefore he could not take jurisdiction of it.

It being evident that the disagreement of opinion between the judges of the two districts, could be setiled only by the Supreme Court of the Territory, and it being the opinion of council that the error was in Judge Miller's decision, the Hon. Moses M. Strong, at my request, applied to the Supreme Court at its last term, for a writ of mandamus against the District Court of Milwaukee county, requiring said court to try the cause. The question was submilted without argument, and and the writ awarded. The opinion of the court was delivered by his Honor, Judge Dunn, and as it may sussest some hiodifications of the present law concerning changes of venue in the district courts, a copy thereof is herewith submitted.-[See Doc. A.]

The cause on the part of the Territory was ready for trial at the last November term of the court in Milwaukee county; but on the affidavit of Augustus A. Bird, one of the defendants, alleging prejudice in the judge, the venue was again changed to the county of Grant.

I would respectfully suggest that in cases like the presentone, where there are several joint defendants, it might not be impossible for them by turns to swear prejudice against all the judges, and that if this is invariably to operate as a disqualification of the judge to try the suit, it will amount to allowing a defendant to swear that he will not be tried at all.

The suit against James Morrison and his sureties is still pending in Iowa county. The Territory was ready for trial at the last termi of the court, but the cause was continued on the affidavit of the defendant to the absence of a material witness. The suit against James D. Doty and his sureties has been continued in the Walworth court during the last year by consent of parties.

The small amount appropriated by Congress to defray the expenses of the present session of the Legislature, and the probable shortness of the session, have induced me to incur no expense either for furniture or repairs, which could possibly be dispensed with. By a resolution of the Hon. Council, I was directed to procure new carpeting for the Council chamber, which I should have done, and also for the Representatives' Hall, had the reasonable appropriation been made. by Congress which was anticipated at the close of the last session. Under the circumstances, I trust the Legislature will excuse my neglect to comply with the resolution of the Council. A few.chairs for the Library, committee rooms, &c. were indispensably necessary, and I have incurred an expense of $6 50 on this account. The bills of stationery, lights, &c. amount to $417 28, and have been made chiefly with S. L. Rood and H. L. Page, of Milwaukee.

I contracted last winter with Mr. Seth M. Vanbergen for 200 cords of wood for the use of the present session, at

$2 25 per cord, prepared for the stoves and delivered at the steps of the Capitol, or $1 50, corded in the capitol square, a part of which was by agreement, delivered last winter and kept on hand. This 200 cords, with what was left on hand of the previous contract, will, I think, furnish fuel for the present session, and leave a sufficient surplus for the next session. My object has been to procure a inoderate surplus every year until a sufficient amount should be accumulated in advance, for one year's use, and thus to secure the advantage of seasoned fuel.

I have not caused the lathing and plastering of the ceilings of the two legislative halls to be renewed, for want of means to pay the expense. I might possibly have had it done by contract, if I could have given assurances that the expense would have been paid out of the legislative fund. Aside from the smallness of that fund and my unwillingness to give such an assurance, I was satisfied that it might better remain in its present condition, than be done by contract. I believe it to be bad economy to let a public contract for mechanical work of any kind, upon a public building. If workmen are employed by the day, they can be discharged the moment they are found to be incompetent or unfaithful; while under a contract there is no remedy until the job is spoiled, and then the remedy is not easily applied. I would respectfully suggest that an appropriation of $200 be made for this object.

A letter has been received by the Secretary of the Territory from C. C. Washburn, Esq, of Mineral Point, and referred to this office, stating that parts of setts of Congressional documents intended for the territorial Library, had been purchased by him at auction for the freight and charges thereon, and that the Territory could have them, by refunding to him the amount paid. Presuming that they belonged to parts of setts already on hand, I have written to Mr. Washburn requesting him to forward the books to the Library, together with his bill,

The Governor of the Territory has deposited in the Library the following books, to wit:

39 copies of the acts of Congress of 1844–45.

2 volumes Journals of the U. S. House of Representatives of 1844-45.

1 volume general laws of the State of Indiana, 1845.

2 volumes acts and resolves of the State of Massachusetts, 1845.

2 volumes acts of New Jersey, 1845.

2 volumes journals of Convention of State of New Jersey for the formation of a Constitution, 1844.

The Secretary of the Territory has deposited in the Library, one large map of the State of Mississippi.

Eight copies of the bound session laws of the Territory, have been missed from the Library within the last year. The most of these were taken out by members of the last Legislature, and at the close of the session reported as lost.

I have settled with Dr. Almund Lull, as per act of the 17th of April, 1843, and received from him the sum of $44 37 in full for laws, &c. sold by him while Librarian of the Territory; for this amount I have the Treasurer's receipt. Respectfully submitted.

JOHN Y. SMITH,

Sup’t Ter. Property

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