1846. No. 2. Communication from Acting Commissioner. To the Senate: OFFICE OF INTERNAL IMPROVEMENT, Detroit, January 31, 1846. The undersigned has the honor to acknowledge the receipt of the following resolution : "Resolved, That the Board of Commissioners of Internal Improvement be requested to furnish for the use of the Senate, a statement showing the number of tons and size of all the railroad iron purchased by the state for the Central and Southern Railroads, and the cost of the same, including transportation; also to info:m the Senate what contract has been entered into for the purchase of iron during the last year, to complete the Central road to Kalamazoo, and the Palmyra and Jacksonburg road; also the amount due and to to become due upon iron contracts." In the purchase of the Detroit and St. Joseph R. R. Co., $66,548 32 was allowed for iron and spike. Out of this lot, the state authorized the sale of eight miles of iron to the Detroit and Pontiac R. R. Co., for $5,293 00, leaving the balance upon the Central road, which is valued at $61,255 32. This iron is one-half by two and a quarter inches. The price per ton, and the amount paid for transportation, does not appear by the records of this office. The first purchase of iron made by the board of commissioners of internal improvement was authorized by Joint Resolution No. 22, 1838, and is supposed to have been carried out in accordance therewith. Gen. L. S. Humphrey, Acting Commissioner of the S. R. R., was directed by resolution of the board of internal improvement, to proceed to New York, and contract for the delivery at Monroe and Detroit, of one hundred miles of railroad iron. In consequence of the Southern road demanding the whole attention of the commissioner, he secured the services of the then Governor, who was about to go to New York, in negotiating the purchase of iron. This was done, but how many tons of iron was actually received in this state under the contract, does not definitely appear; but from the fact that there was paid under this resolution, as appears by the books of the Auditor General, the sum of $203,709 36, the inference is fair that it did not fall much short of one hundred miles, as contemplated by the law. This iron was also one-half by two and a quarter inches. The amount paid for transportation does not clearly appear by the books of this office. It is due to the first Boards of internal improvement to say, that at the time the "Special Committee" of investigation, appointed by the legislature of 1840, made their examinations in the office of internal improvement, the papers were so generally disarranged, that it has been ever since extremely difficult to find all which were at that time on file. Of the statistical accuracy of the books there is little question; but without the details contained in the vouchers to which they refer, a full bill of particulars cannot be made out. The iron purchased prior to that made under the law of 1843, was used upon the following roads: Central road from Detroit to Jackson, 80 miles. Southern road from Monroe to 7 miles W. of Adrian, 42 66 8 66 140 66 1541 71 14883 681 To this should be added for side tracks, &c., Whole number of miles purchased, The total cost of the above, including spike, connecting plates, transportation, insurance, commissions, &c., is $270,257 68. The particulars of purchases under the law of 1843, are as follows, to wit: H. Bigelow, J. Mattison, Bars. Tons. Cwt. Qrs. lbs. Average cost per net ton, Whole sum paid for iron under the law of 1843, is Whole sum paid for transportation, 52.18 97,665 58 15 68 13,219:45 The iron purchased under the law of 1843, was used in completing the Southern rail-road to Hillsdale, and extending the Central road to Marshall. The following purchases have been made under the law of 1844 Whole number of by 24 inch bars, less amount purchased of the A. & R. R. R. Co., is 10,388 The iron purchased of H. Gray & Co., is § by 21 inch, and is principally designed for repairs and side tracks. Whole number of net tons, is Average cost per net ton, is Whole amount paid and to be paid on iron pur chases of 1844 and 1845, The average price of transportation is Whole sum paid for transportion on above purchase, is, One hundred and twenty-five tons of the above iron has been used upon the Tecumseh branch of the Southern Railroad, and the transportation charges have been paid at Monroe, and do not appear on the books of this office. The balance of this purchase, except a large surplus now on hand for repairs, has been used in completing the Central road to Kalamazoo, an event which transpired this day. *Not all arrived. The aggregate amount of iron purchased for Central and Southern All which is respectfully submitted, OLIVER C. COMSTOCK, Jr., REPORT of Committee on Judiciary. Mr. Littlejohn, from said committee, introduced the following report: The committee on the judiciary, to whom were referred the petì tions of inhabitants of the township of Fairfield, in the county of Lenawee, praying for the passage of an act to establish certain highways in said township, have had the same under consideration, and have directed me to report thereon: That the evils set forth by the petitioners, and from which they seek relief, are by no means confined to the said township of Fairfield. They are, to some extent, necessarily incident to the settlement of a new country, where difficulties and embarrassments are constantly to be met by the commissioners in laying out, opening and working highways, either from the want of proper local information, or (owing to the sparseness of settlers,) the want of means. Thus it not unfrequently happens, that a highway, required by a settlement commenced on one side of a township, and which every discerning person would readily concede, must ultimately be continued through the township, is at once laid out by the commissioners for the entire length within their jurisdiction. At the same time the opening and working of such highway can only progress as the requisite means can be realized therefor. Thus, a term of years may be requisite for the completion of the entire of said road for public use. Under such circumstances any construction of the existing statute of limitations as to highways, which should insist upon the absolute nullity of the entire route of the road unless every portion thereof shall have been opened and worked within four years from the time the same was so laid out, would operate unjustly and oppressively, and is not in accordance with the spirit of the law itself. The committee feel themselves fortified in this opinion, from an examination of the de-. cisions of the Supreme Court of the State of New York, when settling the proper construction to be given to a statute similar to our That Court have distinctly settled the principle, that where a own. |