The certificate of the Trustees, appended to the preceding general account, was in the following words: We, the subscribers constituting the Board of Trustees of the Illinois and Michigan Canal, hereby certify that the above account of moneys received and expended by said Board, between June 26, 1845, (the date of the execution of the deed of trust by the Governor of Illinois) and the 30th day of April, 1871, is correct according to our best knowledge and belief. That is to say, the said Trustees acknowledge that they have received for account of the trust, and during the period above stated, the aggregate sum of eleven millions, nine thousand five hundred and seven dollars and forty-one cents ($11,009,507 41), and they declare that they have expended ten millions, nine hundred and thirteen thousand seven hundred and sixty-five dollars ($10,913,765) during the same period, leaving in their hands, unexpended, on said 30th of April, 1871, the sum of ninety-five thousand, seven hundred and forty-two dollars and forty-one cents ($95,742 41), for which sum said Trustees are now ac、 countable to the State of Illinois, subject to the payment of any legal liability now existing against the said Board of Trustees. Further, that this balance in the hands of the Trustees is deposited as follows: On the 4th of May, 1871, the President was appointed a committee to audit the accounts of the Board of Trustees of the Illinois and Michigan Canal, as provided in section one of an act entitled "An act to settle up and close the trust of the Board of Trustees of the Illinois and Michigan Canal," approved April 22, 1871, with authority to employ such clerical aid as he might require. Meanwhile the work of deepening the canal on the Summit Level, by the city of Chicago, was still going on, although nearly finished, as claimed by the Board of Public Works of said city. At a meeting of the Board, held at Lockport on the 24th day of May, 1871, the following communication was received from the Board of Public Works of the city of Chicago: OFFICE OF THE BOARD OF PUBLIC WORKS, Board of Canal Commissioners, Lockport Illinois: Respectfully, (Signed,) F. H. BAILEY, Secretary. Whereupon, it was "Resolved that in response to the communication from the Board of Public Works of the city of Chicago, under date of the 16th inst., that the Secretary of this Board inform said Board of Public Works that an order will be given to the Superintendent of the canal to close the navigation of said canal for a period of not exceeding ten days, between the 15th of June and the 15th of July next (the time to be designated by said Board of Public Works, by notice to the Secretary of this Board), to enable said Board of Public Works to remove the locks at the ends of the Summit Level, provided that the closing of said canal, at the request of said Board of Public Works, shall in no sense be considered as an acceptance of the work by the State of Illinois on the contract made by the city of Chicago with the Board of Canal Trustees for the deepening of the Summit Level of the canal in accordance 'with the original plan for said "deep cut." And provided, also, that said Board of Public Works or city of Chicago shall in no event so remove said locks as to reduce the water in the canal on the Summit Level to a depth of less than five feet." In accordance with the notice given by the Board, the canal was closed between Chicago and Lockport, on the 26th day of June, and continued closed until the 18th of July, the labor of removing the locks proving to be much greater than was anticipated by the Board of Public Works, or even by our own Board. But the work once commenced, it could not be suspended until the whole was completed, though the time taken far exceeded the ten days given in the resolution. On the morning of the 18th of July the level was full, and the Chicago river water, with all its filth, had taken the place of the heretofore clear water at Lockport, the people of Chicago rejoicing in their great relief furnished by the "deep cut," which caused the South Branch of the Chicago river to run "up stream." Within three or four days the water from Lake Michigan filled the canal at Lockport, and was thrown off there over the rocks almost as clear and blue as the waters at the falls of Niagara. Navigation was resumed on the canal on the 18th of July, still it was apparent to the Board of Public Works of Chicago, as also to our Board, that the "deep cut" was not finished in accordance with the contract between the city of Chicago and the Trustees of the Illinois and Michigan Canal. The banks had not been trimmed; there were many large stones left along the edge of the water and in the prism of the canal. The tow-path needed many repairs, and at Bridgeport it had to be protected for several hundred feet by piles and docking. It was finally agreed between the two Boards that our Board should finish up the work, and that the city of Chicago should pay the cost of the same. A large portion of the work needed has been done, and the city has paid in part for it, leaving a balance of only $5,775 18 unpaid. To guard against any extraordinary flood in the canal and river by reason of the "deep cut," thereby endangering the city of Joliet by an overflow in times of great floods, a guard lock of timber was placed in the canal at the Summit during last winter, at a cost of about $10,000. On the 16th of August, the President, who had been appointed a committee to examine and audit the account of the Trustees of the Illinois and Michigan Canal, which was placed in our hands on the 16th of May, reported the same back as correct, and it was certified as follows: We, the undersigned Canal Commissioners, in accordance with the provisions of the first section of "An act to settle up and close the trust of the Board of Trustees of the Illinois and Michigan Canal," approved April 22, 1871, do hereby certify that the above statement is correct. CANAL OFFICE, LOCKPORT, August 16, 1871. (Signed), JOSEPH UTLEY, ROBERT MILNE. On the same day the Board of Trustees rendered a supplementary account of their receipts and expenditures between April 30, 1871, and August 16, 1871, in the same form and certified by them in the same manner that the general account, dated May 16, had been rendered, and on the 23d of August, 1871, the Canal Commissioners certified the correctness of the account, in the manner and form in which they had certified the general account of the Trustees on the 16th of August, 1871. The following is a synopsis of the supplementary account rendered August 16, 1871: The Board of Trustees of the Illinois and Michigan Canal. April 30, 1871-To balance due State of Illinois this day.. DR. -$95,742 41 1,264 95 $97,007 36 The Board of Trustees of the Iliinois and Michigan Canal, CR. $4,889 77 17 98 92,099 61 $97,007 36 On the 9th of September, 1871, the Secretary of the Board of Trus tees delivered to the Board of Canal Commissioners, in Lockport, the following documents to be transmitted by them to the Governor of Illinois: 1. The general account of the Board of Trustees, from June 26, 1845, to April 30, 1871, certified by the Canal Commissioners. 2. The supplementary account, from April 30, to August 16, 1871, also certified by the Commissioners. 3. Letter of the President of the Board of Trustees, to the Governor of Illinois, transmitting the Release Deed of the Canal, and all property appertaining to the same, dated August 19, 1871, in accordance with the provisions of the act of April 22, 1871. Which documents were delivered to the Governor, at his office, on the 11th day of September, 1871, said deed being as follows: RELEASE DEED. WHEREAS, The State of Illinois by virtue of an act entitled "An act to provide for the completion of the Illinois and Michigan Canal," approved February 21st, 1843, and various acts of the Legislature of the State of Illinois amendatory thereof, and by virtue of a certain deed of the Governor of this State, dated twenty-sixth (26th) day of June, in the year of our Lord, one thousand eight hundred and forty-five, (1845,) and recorded in Will county, on the first (1st) day of August, A. D. 1845, in Book "I," pages 563, 564, 565, 566, 567, 568, 569, 570, 571, 572, 573 and 574, Did grant, convey to, and vest in the Board of Trustees of the Illinois and Michigan Canal, "The bed of the said Illinois and Michigan Canal, and the lands over which the same passes, including its banks, margins, towpaths, feeders, basins, right of way, locks, dams, water power structures, stone excavated, and stone and materials quarried, purchased, procured or collected for its construction; and all the property, right, title and interest of the State, of, in, and to the said canal, with all the hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and also, all the remaining lands and lots belonging to the said Canal Fund, or which hereafter may be given, granted, or donated, by the general government to the State, to aid in the construction of the said canal and the buildings and erections belonging to the State thereon situated." (Reference being had to said deed for greater certainty.) And whereas the said Trust has been fully and completely executed and performed by the said Board of Trustees; and whereas by the nineteenth (19th) section of said act of February 21st, 1843, it was provided that "whenever the trust created by this act shall have been fully executed and performed by the said Trustees, the said canal and canal property that may then remain, shall revert to the State." And whereas it has been made the duty of the said Board of Trustees by an act entitled "An act to settle up and close the Trust of the Board of Trustees of the Illinois and Michigan Canal," approved April 22d, 1871, upon the termination of said Trust, according to the provisions of the act above referred to-to execute under their hands and corporate seal to the State of Illinois, a release deed of all and singular the remaining property, assets and effects, of every name and description, of said Trust." And whereas said trust is now to be finally closed and terminated in pursuance of the laws above referred to. And whereas all and singular the accounts and transactions of said Board of Trustees have been fully examined and audited, and found to be correct, and the said Trust fully and completely executed. Now, therefore, this indenture, made this nineteenth day of August, A. D. 1871, between the Board of Trustees of the Illinois and Michigan Canal, party of the first part, and the State of Illinois, party of the second part: Witnesseth, That the said Board of Trustees, in consideration of the premises, do hereby remit, release, transfer and quit claim to the said State of Illinois, all and singular the Illinois and Michigan Canal, and all its appurtenances, and all and singular the remaining property, assets and effects of every name and description, of said Trust, subject nevertheless to all the legal liabilities, if any now existing, against the said Board of Canal Trustees. In witness whereof, the said Board of Trustees of the Illinois and Michigan Canal have hereunto set their hands and caused their corporate seal to be hereunto attached, the day and year above written. (Seal of Board.) Signed, W. H. SWIFT, Acknowledged by each trustee, and delivered to the Governor of Illinois, September 11, 1871. Which deed is now on file in the canal office at Lockport, having been recorded in the counties of Cook, Will, Grundy, LaSalle and Winnebago. Finally, on the 2d October, 1871, the Trustees paid, in New York, the draft of Virgil Hickox, Esq., Treasurer of the Board of Canal Commissioners, for ninety-two thousand five hundred and forty-five 79-100th dollars, (92,545 79,) being the amount in the hands of the Trustees on that day, belonging to the State of Illinois: Which sum of $92,545 79 was paid into the State Treasury by V. Hickox, Esq., Treasurer of our Board, on the 7th day of October, 1871, and the State Treasurer's receipt, in duplicate, taken therefor. In addition to the money paid over by the Trustees, and the deed executed by them, they delivered to our Board three schedules of canal property, consisting of machinery, tools, buildings, boats, etc., with the estimated value of each article appended, viz: These schedules were receipted for by our Board, the articles having passed into their custody May 1, 1871. They also delivered the notes on hand, as follows: List of Notes Delivered, May 1, 1871. |