mission has not deemed it wise to interfere with this use of the property, for the benefits derived by the institution outweigh the small rental that might be collected for other purposes.

As stated in a former report, we believe this portion of the quarry tract should be permanently transferred to the Trustees of the Columbus State Hospital.

WALHONDING CANAL.

Nothing was done during the year to dispose of the unsold portions of the abandoned Walhonding Canal, for the reason that the General Assembly made no provision for disposing of the same without advertising the sale for three months in two newspapers of opposite politics. So long as the combination of the owners of abutting lands, not to bid on these lands, exists there is little prospect of selling them. The cost of advertising these lands for sale under the present laws is so great that it does not justify making an attempt to sell the same under the existing circumstances.

The Governor, Attorney General and Canal Commission should be given authority to sell these lands, the same as other canal lands, as provided for in Section 218-231 of the Revised Statutes of Ohio. With such statutory authority these lands could speedily be disposed of for a fair consideration, and we recommend such action by the legislature as will give authority to make sales thereof, without unnecessary outlay for advertising the same.

SUITS FOR THE RECOVERY OF STATE PROPERTY.

The State of Ohio ex rel. Attorney General vs. The Cincinnati, Hamilton and Dayton Railway Company.-December 31, 1897, petition in quo warranto was filed in the Supreme Court to oust the defendant from the occupancy and use of canal lands and canal basins in Dayton and Hamilton, for the purpose of maintaining thereon switches, side tracks and other improvements.

June 29, 1900. George O. Warrington was appointed special Master Commissioner to take testimony in the case and report the same by September 25, 1900. Such Master Commissioner died before report to court was made. On the 16th day of June, 1903, R. R. Nevin was appointed Master Commissioner in his stead.

The testimony in this case has been taken, and the Master Commissioner will make report as soon as arguments of counsel are heard.

The State of Ohio vs. W. P. Bowers.- September 13, 1898, petition filed in the Court of Common Pleas of Ross county. Action to recover possession of real estate claimed by the State of Ohio as canal property. Case heard in Court of Common Pleas. Judgment for defendant. This case was taken to the Circuit Court on error. Pending.

The State of Ohio vs. Cyrus H. Baldwin.- March 28, 1899, petition: filed in the Court of Common Pleas of Montgomery county. Action to recover possession of real estate claimed by the State of Ohio as canal property. Pending.

The State of Ohio vs. Jacob Mandery.- March 28, 1899, petition. filed in the Court of Common Pleas of Hamilton county. Action in ejectment against the defendant to recover possession of canal lands in Cincinnati. Pending.

The State of Ohio vs. The Bellevue Brewing Company.- Petition. filed June 30, 1899, in the Court of Common Pleas of Hamilton county, for the recovery of state land in the city of Cincinnati. Pending.

The State of Ohio vs. F. M. Stoker et al.- Petition filed in the Common Pleas Court of Auglaize county, April 24, 1901, to quiet title to certain canal lands. Decree taken by default in favor of defendant, and appeal taken to the Circuit Court.

This case was tried in the Circuit Court and judgment rendered for defendant. The case was then taken to the Supreme Court, where the same is now pending.

The State of Ohio vs. Howard Adamson.- Petition filed in the Common Pleas Court of Franklin county. Action to recover certain state property in Tuscarawas county. Pending.

The State of Ohio vs. John L. Wilgus.- Petition filed in the Court of Common Pleas of Franklin county. Action to recover possession of certain real estate in Tuscarawas county. Pending.

The State of Ohio vs. S. L. Douglas.- Petition filed in the Court of Common Pleas of Franklin county. Action to recover certain real estate in Tuscarawas county.

This case was tried in the Common Pleas Court. Judgment for defendant. The case was then taken to the Circuit Court, where the same is pending.

་

TWENTY-FIRST ANNUAL REPORT

OF THE

Board of Trustees and Officers

OF THE

Toledo State Hospital

TO THE

Governor of the State of Ohio

FOR THE

FISCAL YEAR ENDING NOVEMBER 15, 1904

Vol. I. 17 EX. D.