No. 105. IN ASSEMBLY, January 29, 1835. REPORT Of the select committee on the petition of inhabitants of Great Valley, in the county of Cattaraugus, to extend the time for the collection of taxes in said town. Mr. Burke, from the select committee, to whom was referred the petition of sundry inhabitants of the town of Great Valley, in the county of Cattaraugus, REPORTED: That the petitioners set forth in their petition, that in consequence of the unavoidable absence of the supervisor of said town from the State since the first of December last, the corrected assessment roll for the said town has not been delivered to the collector thereof, agreeable to the requisitions of the statute; and that, therefore, the collection of taxes is not in progress in said town. Your committee do not doubt the existence of the facts set forth in the petition, and, therefore, are of the opinion that the prayer of the petitioners ought to be granted. They have therefore instructed their chairman to ask leave to introduce a bill. No. 106. IN ASSEMBLY, January 30, 1835. REPORT Of the Attorney-General, in obedience to a resolution of the Assembly, requesting his opinion in relation to contracts for the labor of convicts in the State Prisons. SIR ATTORNEY-GENERAL'S OFFICE, To the Speaker of the Assembly. In obedience to a resolution of the Assembly, I submit herewith a report in relation to contracts for the labor of convicts in the State Prisons. I am, respectfully, Your obedient servant, GREENE C. BRONSON. REPORT, &c. The Attorney-General, in obedience to a resolution of the Assembly, requesting "his opinion on the question whether the several contracts for the labor of convicts in the State Prisons may be legally modified or annulled," respectfully submits the following REPORT: The Attorney-General has ascertained that the agents of the two prisons have severally made contracts for the labor of convicts, which will expire by their own limitation within about five years. But two of the contracts, which terminate in the year 1838, severally contain a clause giving the contractor a right of renewal for five years, and may consequently extend to the year 1843. The right is not reserved to the State or its officers to put an end to the agreements. The law has confided to the agents a discretion almost without limit, in relation to contracts of this description; and if there has been no fraud, and there are no facts other than such as have come to the knowledge of the Attorney-General, he is of opinion that these agreements are obligatory on the State. 2 Rev. Stat. 763, sec. 28. If the contracts are valid, they can not be "legally modified or annulled," without the consent of both parties. Although no one can have a legal right to annul his own contract without the concurrence of the other party, yet there may be cases in which the refusal of an individual to perform an executory agreement would not be deemed morally wrong, if his refusal were accompanied with a tender of ample amends to the other party. And if the State, acting on some great principle of public policy, should refuse to proceed with the contracts in question, making provision at the same time for a full indemnity to the other parties, it could not properly be regarded as a breach of the public faith. Respectfully submitted. GREENE C. BRONSON, Att'y-Gen. |