GEOLOGICAI^ AND NATURAI, HISTORY SURVEYS. 617 



that lit' would be present on tliat date. Mr. D. did not sippoar, and tlie confer- 

 ence between the governor, Mr. Hall, and myself resulted in agrecins: upon the 

 above as a basis of the coutr.ict. The division of the work of the survey was 

 also agreed uiion, and w<".s essentially the same as was afterwards embodied 

 In the contracts drawn June 19. This division of labor was based upon an 

 equitable division of the funds, that each one should have the means of worldng 

 out, in accordance with the provisions of the act, that portion of the survey 

 which he was made responsible for. No contracts were entered into at the time, 

 as it was desired that Mr. Daniels should first be consulted. 



Mr. Daniels, on his returu. objected to the above basis, for the reasons already 

 stated, and steadily refused his assent until the 19th day of June, when he 

 came to me and professed his cordial assent, desiring me to go with him to 

 the governor's otiice and have the contracts executed. The governor expressed 

 his satisfaction at the result, and called in Mr. J. C. Hopkins to dr;iw up the 

 contracts, to whom we stated the division of labor and the limitation in the 

 use of the funds agreed upon. Attention was particularly directed to this latter 

 point, as it was understood that this was the itoint of difference which had 

 prevented the commission from being organized at an earlier date. When I 

 called at the office of Mr. Hopkins the next morning I fouud the contracts were 

 drawn up without the limitations, and what was still more surprising, Mr, 

 Daniels, without consulting any other member of the commission, had caused 

 his own to be executed and taken it away with him. The governor had signed 

 them on the previous evening and left town. I at once protested to Mr. Dan- 

 iels against the whole proceeding as contrary to llje express agreement of the 

 commission to which he had just assented. As he persisted in retaining his 

 contract, neither Mr. Hall or myself have had anything further to do with the 

 matter, believiug the proceedings to have been illegal. 



It is true that the division of labor as specified in the contract drawn by 

 Silr. Hopkins is essentia ll.v the same as agreed upon (see Senate journal of 

 January 20), but it is equally true that this division was based upon a condi- 

 tion wholly ignored in the contracts. 



The contracts as drawn, and under which Mr. Daniels has since the 19tli 

 of June drawn about $2,000 from the State treasury, I believe to be not in 

 accordance with the provisions of the act, because — 



1st. They do not accord v/ith the second section, which requires that the 

 functions of the survey shall be distributed by mutual agreement, and that such 

 assistants shall be eniployed as a majority of the commission shall deem neces- 

 sary. 



2d. Mr. Daniels's ccmtract alh>ws him. in addition to his salary, which is 

 fixed by law, at tlie rate of $2,000 per annum, for the time spent in the service 

 of the State, all expenses Incurred by him in the prosecution of the same, in- 

 cluding expenses of assistant. (See contract in Senate journal of .January 29.) 

 It is easy to see that under the head of expenses in Mr. Daniels's contract he 

 might, so far as any limit is concerned, use up the greater part of or even 

 the entire approp) iation. This contract is in violation of the second section of 

 the act, which requires that the assistants employed shall be such as a majority 

 of the commission shall decide up'on; and of the third section, which requires 

 that the contract shall determine, not only the nature but the extent of the 

 compensation, and the expenses of the department of the survey under the 

 charge of each commissioner. There are no limitations in Jlr. Daniels's con- 

 tract of the amount of the appropriation which he may use as a part of his 

 " uecessar.y expenses," while the act expressly stipulates that the contracts 

 Khali set forth the extent of the expenses made by each commissioner. 



