the territory pay the costs already incurred, instanter, and in iss than twenty-four hours after this decision was made, judgment was entered against the territory for costs, in consequence of the der of the previous day not having been complied with. Th costs amounted to one hundred and fifty dollars, and no provizan had been made by the legislature to meet such an emergency.— The court was sitting seventy miles from the seat of goverment, so that, had the money been in the treasury, and it had been possible to get it out, it would have been impossible to have procured it by express, in time to meet the order of the court. To bersɛ money, without express authority from the legislature, to carry t a suit against a co-ordinate branch of the legislature, who might refuse to concur in any act of the legislature for its payment, was wholly out of the question. This decision of the court, although in accordance with the general practice, can, it appears to me, in this particular case, be viewed in no better light than a refusal grant an admitted right.

The case has been brought up to the supreme court, by writ of

error.

The defendants, at the July term of the supreme court, alleged a defect in the records, and obtained an order to perfect the same, which prevented the case being argued at that term of the court. It is the opinion of good judges of law that there are strong points of error in the case, and that an order for a new

trial is sure to be obtained.

Agreeably to the seventh section of an act entitled "an act to provide for the election of a superintendent of territorial property, and for other purposes," I have caused a suit to be commenced

against James Morrison and his sureties for not completing the

capitol according to his contract. This suit has been commenced in Iowa county, and Messrs. Strong of Iowa, and Tweedy of Milwaukee, have been employed as counsel for the territoryThis case will come on for trial at the spring term of the lon court; unless put over at the instance of the defendants.

Respectfully submitted,

JOHN Y. SMITH, Superintendent Territorial Property.

[SEE JOURNAL, PAGE 69.]

JOINT REPORT

Of committee appointed to ascertain how long the present session can continue, &c.

THE joint committee on legislative expenditures, who were instructed to inquire and report "how long the present session of the assembly can continue, consistent with keeping the expenses within the appropriation made by congress of the sum of $17,275 for the fiscal year ending 30th June, 1844;" and also to inquire into "the cause of the decrease of said appropriation in amount from former years," respectfully report:

That to the first subject submitted to their inquiry, it is impossible at this early day of the session to ascertain with accuracy the amount which will be required to defray the expenses, direct and incidental, for any particular number of days; but it is the opinion of the committee, basing their estimates upon the best data within their reach, that the appropriation of $17,275 would, with rigid economy, defray the expenses of a session of sixty days. Whether the interests of the territory at the present time require a session for that period, the committee do not deem it within their duties to inquire.

The committee base their report as to the length of time the legislature could continue in session, if necessary, and yet bring their expenditures within the appropriation, on the following estimates, viz:

Pay and mileage of members, and pay of officers, $10,110 20 Extra pay to speaker of house and president of coun

Stationery, fuel, candles, repairs to capitol, &c.,

1,250 00

Preparing journals for press, index, &c.,
Incidental expenses,

Total,

200 M

641

$17.275 00

As to the second subject of inquiry submitted to them, the com mittce report:

That the reason of the deficiency in the appropriation for this year, as compared with former years, is owing to an errore the governor in making out his estimate for the expenses of this session, which error, though easily to be seen, appears to have escaped the notice of the proper department at Washington.

On application to the governor, he furnished the committee with the following extract from a cominunication made by him to the register of the United States treasury, containing is estimate of expenses for the year ending 30th June, 1844, viz:

"In my estimate for the year ending the 30th June, 1811, an error accidentally occurred, which I beg leave to correct by asking an additional appropriation at the coming session of congress:

For pay and mileage of members of the legislative assembly for the session to commence on the first Monday in December, 1843, $2,525 00.

REPORT.

Of a joint select committee appointed at the last session of the le gislature to investigate the affairs of the Wisconsin Marine and

Fire Insurance Company.

The committee appointed by joint resolution of the two houser

of the legislative assembly, at its last session, to investigate the affairs of the Wisconsin Marine and Fire Insurance Company, have attended to the duties assigned them, and report:

That in accordance with the provisions of the joint resolution of the two houses, passed April 17, 1843, the committee appointed the 15th day of June last, on which to meet at Milwaukee and enter upon the duties assigned them. Accordingly, the member of the committee on the part of the house repaired to the place appointed, when he received a note from his colleague, informing that his health was such as to prevent him from attending to the duties of the appointment, and advising the attending inember to proceed with the investigation without him.

Under these circumstances, the committee on the part of the house was in doubt how to proceed. To proceed alone in the examination, inasmuch as it involved questions of law, he was aware was assuming a weight of responsibility which a single member of the committee might enter upon with reluctance; and besides, he was aware also that the assembly had decided to delegate the business to committee consisting of a member of each house, one of whom was a lawyer. He was also in doubt whether the company would feel disposed to submit to an examination by a part of the committee, or whether they would permit him to take to his assistance legal counsel. Thus situated, he addressed a note to the president and officers of the institution, [see document A.] stating the circumstances under which he found himself placed, and inquiring whether it would be the pleasure of the company to permit an examination by himself and counsel in the same manner as if the other member of the committee had been present?" To this he received a reply from the secretary [see document B.] declining, in consequence of the absence of the president of the company, to have any legal gentleman who had not been appointed for that purpose by the legislature, take part in the investigation, but at the same time assuring the attending member of his entire readiness to afford him any facilities for making any investigation that he might desire.

The joint resolution of the assembly required of the committee to report to the legislative assembly, at its next session1st." The amount of capital stock paid in."

2d. "The liabilities and resources of the institution, and the nature thereof."

3d." The number of policies of insurance effected."

4th." What modifications should be effected in their char which will more effectually protect the creditors of said instite tion," and

5th. The nature and method of business adopted by sad company, generally."

In obtaining the information sought by the resolution, the com mittee will here remark, that free access to the books and rants of the company was kindly proffered by the secretary, and every facility afforded which was desired by the committee.

The following interrogatories were then drawn up and propo ded to the secretary, and the annexed answers returned by him to the committee:

Question 1st,-What is the amount of the actual stock of the company actually paid in?

Answer,--Capital stock paid in, is $224,475.

Q. 2d,-In what kind of funds were the instalments paid? Ans.-Over $150,000 was paid in specie and draftsca Lendon and New York, which drafts yielded to the company a premium over specie, here. The balance was paid in real estate and real

estate securities.

Q. 3d,—Has any portion of the stock thus paid in been with

drawn?

Ans.—No part of the stock thus paid in, has ever been with

drawn.

Q. 4th,-What are the present resources and liabilities of the

institution, and the nature of the same?

Ans. See aggregate statement of the condition of the compl ny at 1st current (June,) one of their half yearly balance days, herewith submitted; [See document C.] No material change its condition has since then taken place.

The amount of gold and

silver now on hand is about one third greater-any information in relation to the aggregate sums mentioned in the statement, or of

the items of which they are composed, will be readily given

Q. 5th,-In what do the business operations of the ompany principally consist? State the amount done in each branch of the business for the six months ending June 1, 1841, and the st months ending 1st June, current.

Ans. The kinds of business in which the company are en ged are in effecting insurances in the Marine and Fire Departe