402 JOURNAL OF PROCEEDINGS [Feb. 26,

equity, which should be passed upon by the General
Assembly and not by the Governor alone; and, accord-
ingly, I respectfully recommend that you take their
memorial into consideration, and extend to them such
measure of equitable relief, as upon a review of all
the facts and circumstances of the case, shall appear
to you to be fair and just.

I notice that the memorial makes no mention of the
third bond, and proposes no indemnity to the State
for the costs and expenses of the litigation. And
therefore, if you shall see fit to grant their application
in whole or in part, I suggest that in any bill which
you shall pass, provision be made for the payment
by the sureties on the third bond of the amount mis-
appropriated subsequent to its approval; and also for
full indemnity to the State for the costs of all the
suits at law and in equity in the Circuit Courts and in
the Court of Appeals, and also for proper compen-
sation, out of the sum to be paid. by them, to the
State's special counsel, for his laborious services in
the whole litigation.

The liability upon the third bond is not disputed, I
believe, and hence, it seems to me to be only reason-
able that the amount covered by it should be paid,
together with all the expenses of every kind to which
the State has been subjected, throughout the entire
controversy, as a condition of any equitable adjust-
ment of their responsibility upon the first bond.

FRANK BROWN,

Governor.

Which was read, and referred to the Committee on
Finance.

At 2. 10 P. M.,

On motion by Mr. Robinson,
The Senate went into executive session.
At 2. 20 P. M.,

The Senate resumed the consideration of Legislative
business, and

On motion by Mr. Toadvin,
The Senate adjourned.