[No. 71.]

Report of the minority of the committee on state prison, in relation to making further appropriations for continuing the construction of said prison.

The undersigned, the minority of the committee on state prison, to whom was recommitted the bill making further appropriations for the ensuing year, on said prison, respectfully submits the following report:

That if the objects recommended in the majority report should be carried out, the sum of twenty thousand dollars is not too much, but it would probably fall short of completing the work proposed, as soon as contemplated.

It is not believed by the undersigned, that a strict regard to economy and the wants of the prison would warrant an appropriation of that sum, even if our treasury were full and overflowing; but in its present and prospective embarrassment, it would, in his opinion, savor strongly of prodigality, and a disregard to the true interests of the state.

At a time when the treasury is not only perfectly empty, but large balances from almost every quarter are constantly presenting themselves for payment, it cannot, in the opinion of the minority of your committee, be either wise or prudent to make so large an appropriation.

It is not proposed, or believed necessary by the undersigned, to progress any faster with the work than it can be performed by the labor of the convicts themselves. A sum not to exceed five thousand dollars, is, it is belived amply sufficient for that purpose. In arriving at this conclusion, the undersigned has not only been aided by the opinion of well informed men on the subject, but also by the report of the commissioner himself.

The undersigned feels it a duty before closing this subject, to recommend the abolishment of the office of building commissioner of the state prison, and begs leave to introduce the accompanying bill for that purpose.

All of which is respectfully submitted.

JEREMIAH CLARK, Minority of the Committee.

[No. 72.]

Report of the judiciary committee, to whom was referred certain petitions in relation to the selling of lands by minors, &c., &c.

The committee on the judiciary having had the following named bills and petitions under consideration, have directed me to report:

That inasmuch as there is now a law of the state authorizing a sale of real estate, in all cases where the same would be for the interest of the minors, it is inexpedient to pass any further law upon that subject, and the committee ask to be discharged from any further consideration of the same, namely: The bill to authorize Wm. H. Griswold, a minor, to convey certain real estate, &c.

The bill to authorize Jacob H. Divers, a minor, to sell certain lands.

The bill to authorize the minor children and heirs of Thomas Smith, deceased, to convey certain lands.

The bill to authorize the minor heirs and children of the late Wm. Taylor, deceased, to convey certain lands.

The petition of P. W. C. Gates and S. C. Hooker, for a law to be passed authorizing a minor to convey real estate.

And the petition of James Vanderbilt for the passage of a like law, authorizing the minor heirs of Wm. Force to convey certain real estate.

The law to which reference is above made, may be found in the revised statutes, page 319, section two, which enacts that "when it shall appear upon the representation of any such guardian, that it would be for the benefit of his ward that his real estate, or any part thereof should be sold, and the proceeds thereof be put out on interest or invested in some productive stock, his guardian may sell the same accordingly, upon obtaining a license therefor, &c., by application to the probate, circuit or supreme court.

The committee are of the opinion there can be imagined but few cases where it would be expedient or justifiable to legislate away the rights of minors. In most, if not all the instances mentioned above, the application is an ex parte one, made on the behalf of persons who wish to possess themselves of the property of the minors, with no one to represent them or see to their interests. The law, in limiting the sales to such cases as will result in some benefit to the ward, by supplying his necessities, by reinvestments or by putting the proceeds at interest and by prescribing many other preliminary steps to be taken before a sale, has exhibited a protective and precautionary

regard to the rights of the young and the helpless, worthy of all praise.

How far a legislature may go in divesting minors of their estate, before they arrive at years of discretion, or after that time and before twenty-one, without their consent, is, perhaps, a question somewhat difficult to settle. The committee give no opinion upon that point. There may be instances in which it would be well to exercise the power, besides those mentioned in the act, but they do not now occur to the minds of any of the committee; and could any such instances be found, it would, no doubt, be far better to pass some general law upon the subject, than to act in detail upon each case; besides, the time of the legislature should not be spent in investigating each case that may be presented to it at each returning session, but should rather be devoted to the more appropriate business of making such alterations in the existing laws or in making such new and general ones as the public interest may demand. Our business is to make general rules; not to apply them to each particular case; and the sooner legislatures wholly abandon the practice of legislating for individual cases, the better it will be for the people of the state. If they attempt to do what is right in such cases, it is ten to one they miss it, for it is a one sided hearing and not half the facts may appear; moreover, when the ward arrives at twenty-one, he may suppose himself wronged by the legislature, and may resort to the courts to recover that property which another has obtained from him as he may suppose, in manifest violation of his. rights.

The cases in which minors have real estate in their hands, may be classified as follows, viz:

The first class embraces all such as have derived their title by descent from their ancestors.

The second includes those who have had property placed in their hands, to shield the same from the claims of creditors. The third comprehends such as have become the owners by accident or mistake in obtaining the title.

The titles of those of the first class should not be disturbed unless for some of the causes mentioned in the provisions of the statute above recited, and when for such purposes, it becomes necessary to dispose of the estate of minors, application should be made to the forum which has the means of ascertaining all the facts in the case.

Those whose cases fall within the second class, the committee are of opinion, should, from consideration of sound policy, be permitted to remain in that position, in which from fraudulent motives, the estate has been placed. This course will have a salutary tendency in checking the practice of placing property beyond the reach of creditors until some change in circumstances may make it safe to resume the ownership.

Those embraced by the third class can have adequate relief by application to a court of chancery, which is the court where the right of minors, as well as others, can be ascertained, protected and enforced. If the people of the state are to bear the expenses of such investigation, it will be far cheaper, and will afford an opportunity of a fuller and fairer examination of such cases, to refer them to that tribunal than this; but the people of the state should not bear that burthen. The parties should, at their own expense and risk, seek their remedy in that court, which will afford them such relief as the nature and the circumstance of the [each] case may require.

All which is respectfully submitted.

O. D. RICHARDSON,

For the Committee.

[No. 73.]

Report of the committee on internal improvement, to whom was referred the proposition of the agents of the Ohio and Maumee branch railroad company.

The committee on internal improvement, to whom was referred a communication from the commissioners of internal improvement, accompanying certain requests and propositions from the agents of the Ohio railroad company, and the Maumee branch railroad company, ask leave to report:

That they feel deeply impressed with the magnitude and importance of the subject, involving, as it does, in the opinion of your committee, the determination of the question, whether our roads now in progress, shall become part and parcel of a great and continuous chain of communication between the Atlantic cities and the valley of the Mississippi, or whether that communication shall be formed by some other road running parallel to our own, through the northern part of Ohio and Indiana, constructed by individual enterprize, or the combined energies of those neighboring and sister states?

That such a communication will be formed, and that at no distant day, your committee no more doubt, than they do the intelligence and almost uncontrolable energy and enterprise of free American citizens. It is no new thing to almost every one, that a great part of such a communication, extending from Boston, by way of Albany, to Buffalo, is almost completed. And also, that in the course of the next four years, the New York and Lake Erie railroad will be finished, and in operation from that city to Dunkirk, on Lake Erie, intersecting, at that

town, the road to be extended along the borders of that lake, from Buffalo to the town of Manhattan, in Ohio, at the extreme western end of the lake, and but four miles from our southern border, and eighteen from the eastern termination of our own Southern road. A portion of this road, commencing at the eastern boundary line of the state of Ohio, and ending at the town of Manhattan, is the property of, and under the control of the Ohio railroad company, whose agent has, together with the agent of the Maumee branch railroad company, made the propositions to the state, which were referred to this committee. The Ohio company have, as appears by the statement of the agents, about sixty miles of their road in such a state of forwardness, as will enable them to have it in actual use, as soon as the first of January, 1842; and they further state, that they wish to connect the same with the Southern road of this state, at Monroe, by means of the Maumee branch railroad. The advantage of that connection to the works of this state, are so obvious, and its direct bearing upon the revenue to be derived from them, so plain, that your committee think there can be but one opinion upon the subject. The great stream of emigration to the west, which has as yet but just commenced, will find its way, in a great degree, through this avenue, and should the proposed connection be effected, it would secure effectually to this state, all the benefits to be derived from it. On the contrary, your committee fear, that if the state should neglect the subject entirely, some other channel of communication would be formed, beyond our borders, and we should be left to mourn, when too late, our own shortsightedness, and want of action in the premises.

The constant passing to and from the western portions of our own state, and the adjoining state of Indiana and her more western neighbors, including the whole northern part of the great valley of the Mississippi, to the Atlantic states, would also take this route in preference to any other. All these causes combined, would probably, at no distant day, greatly exceed the calculations of the most sanguine. It would, also, your committee believe, insure, beyond a doubt, the speedy completion of the Southern railroad, which is, to a portion of your committee, at least, "a consummation devoutly to be wished." If the state should be unable to complete it, it would, in that case, your committee believe, be accomplished by individual enterprize, and, in either case, the same benefits would accrue to the citizens of that portion of the state most immediately interested in its construction. Many other good and satisfactory reasons might, in the opinion of your committee, be assigned for using all proper means to effect the proposed connection; but your committee believe that but few, if any, will deny the beneficial effects, of the measure, however they