p. 6

Congress a stockholder in the canal company should happen to be the "highest bidder", would it be competent for the Legislature or any officer under the Government to say that such "highest bidder" should not have the land? Would the sale be a legal one if the Register and Receiver were to strike it off to a lower bidder? On this subject we presume there can be no difference of opinion, and the consequent impropriety of leaving such a provision on our statute book is apparent.

We therefore pray your honorable body to repeal so much of the 22d section of the "act to provide for aiding in the construction of the Milwaukee and Rock River Canal" as is contained in the foregoing extract from the 22d section thereof, as being repugnant to the act of incorporation as approved by Congress and detrimental to the progress of the canal and of the general interests of the country as connected with that measure.

Your memorialists would further respectfully represent that they have expended much time and money in securing to the Territory a large and valuable tract of land by an appropriation of the General Government for the purpose of aiding in the construction of this canal, to which they were authorized on behalf of the Territory by a provision of the 23rd section of the act of incorporation whereby it is enacted "that in case the Congress of the United States shall make an appropriation or donation, either in lands or money in aid of the construction of the work by this act authorized, the right to the same shall rest in the said state (Wisconsin) whenever the said transfer of the canal shall be made; and the nett proceeds of all sales of land, and the amount of all money so appropriated or donated, shall be deducted from the amount to be paid to the said corporation, for the transfer of said works to the state, and the said corporation are hereby authorized to apply to Congress for much an appropriation in money or lands, to aid in the construction of the works