Petition for allocating funds to care for the children of the late Thomas P. Burnett

Petition of Alfred Brunson guardian of the heirs of Thos. P. Burnett

To court on Judiciary by A. Botkin

To the Hon. the Senate and Assembly of the State of Wisconsin: Now in session.

The undersigned, guardian of Mary B. Burnett and Thomas B. Burnett, infant heirs of Thomas P. Burnett, late reporter of the Supreme Court of the (late) Territory of Wisconsin: respectfully represents: That by an act of Territorial Legislature approved March the 11th 1848, it is provided that -

"The sum of seven hundred and fifty dollars, is hereby appropriated for the heirs of the late Thomas P. Burnett, deceased, to be drawn by their guardian or guardians, as a compensation for his services as reported of the Supreme Court of said territory for the years 1844, 1845, and 1846; provided that the auditor of said territory shall not issue warrants for any part of this appropriation untill there shall be filed in his office the certificate of the superintendent of territorial property, showing that the manuscript of each of said years has been prepared for publication, and has been deposited in the territorial library: and for each year so certified, amounting to two hundred and fifty dollars a year, warrants may be issued." He further represents: That the manuscripts of said reports, for said years duly prepared for publication, have been deposited in the state library, as required by said act, but in consequence of the passage of an act of the Legislature at its present session, abolishing the office of "Superintendent of Territorial Property," and placing the said library in the hands and under the control of the governor, the person in charge of the said library has doubts whether he can legally give the certificate require by said territorial law: That by the third section of an act of the first State legislature, "to prescribe the duties of State Treasurer," approved June 29 1848, it is provided that said state treasurer shall "pay no moneys out of the treasury exception

warrants drawn by the Secretary of State, issued in pursuance of some law hereafter passed by the legislature of the state:" the operation of which last quoted act is, to prevent the payment of said appropriation untill an act of re-appropriation shall have been passed by the State legislature:

Your memorialist further represents, that the said reports are much more voluminous than was probably supposed they would be - judging from the reports of previous years - embracing a volume of six hundred and sixty pages of [illegible] written cap paper, and judged to be equal to that number of pages of printed matter in the reports of said court heretofore printed, in consequence of which enlargement he prays for a corresponding increase of appropriation.

In view of the promises and facts herein stated, your memorialist respectfully pray that this subject may be referred to an appropriate committee to examine the Law reports, and enquire into the facts and circumstances of the case, and that such action may be taken in the premises as justice and equity may seem to require. And, as in duty bound, he will every prary &c.

Alfred Bronson Guardian of the heirs of Thomas P. Burnett Madison Jany 29 1849