The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-03-16

attempted to, but ptN in practice an old and pal
sumfa until every other alternative s by tse force
OF evidence. brought to bear upon the case Com
awarded in some instances to persons who were net
bidders sai to persons the bid of others and tAt
there were cass where individuals had been compelled
astign OF their bids before they could get contracts
upon others Instances of this kind have been brought
Light by the evidence; but however much the under.
learn that this fraudulent transaction The notice pub
lhhcd by the direction of the Canal Board simply ap-
prscd the public tl the work to be let and if
the coming in of tac proposals they found high
to be afc and advantageous to tho State. II for any
should not deem II soper to let the work to them and
othcs proposed verbally such terms A. within
thercquremens of the law in hcjudgment of the board
The whole matter bcsis within their discretion. they
would e justable 30 r the law of the Is
cened in awarding the contracts the latter The
dersigned dcsrc not TO b. understood advocating
grscrai thing the policy Of such but they
noFaing in the law forbiiding tand if in awarding
contracts to upon the bid of another
CT at the price bid by another no greater sum Is
paid than tie person whose bid is used would have been
entitled TO- other things being equal matter which
affects only the competitors and in which the state sus
aiDs ard has conccTn and in nearly quite
all the instances of the kind brought to light in tho tcs
mony the price at which tho work let
sdcraly less tlan the price actually bid by the person
to whom for Whose benefit it was awarded and the
pcrson whose bid uscd had other work awarded to
him that In fact II amounted only to mere general
distribution Of the work among n" people The under
signed unabe TO perceive how fraud any neglect or
disregard Of the public interest be imputed to
for such acts under these circumstances The aotmcnts
about the Goth December last, and on that day many Of
the contracts executed under the direction OF the
Canal Board TO enter into contracts before tho first day
January last The undersigned believe both from the
oral testimony and the minutes of the Canal Board that
it not contemplated by the latter that the awards
contracts made by tho Commissioners and Engineers
under the resolution Of the Canal Board of the I'D Dc
ccmber should be reported to ad board for its adoption
and approval Tho resolution itself to negative
any supposon Of tho kind for by its express terms the
letting board directed not only to make allotment
and award of tho work. but actual to enter into tho
rts bafDr n Cifp1t ia
cant of the true meaning OF tho resouton as well as the
then intention and expectation of those who passed it.
Besides Mr.. Morgan testified that the resolution
drawn with reference to final completion OF the
letting by the commissioners and engineers under it. with
the necessity any subsequent action by tho Canal
Board This view of the is made still more apparent
by attempt. the part of one or more members Of
ments to the Canal Board for its adoption and approval
before the contracts should be obligatory the State
and the final rejection Of the proposition The Canal Board
not without experience of the difficulties attend
ing any attempt let this work having been engaged
weeks endeavoring to accomplish the object but without
and all seemed to desire that the lettings
should be completed before the first of January, they
doubtless adopted the course pointed out in the resolution
the only means of accomplishing the desired object
without requiring intending desiring that any
report should be made to them before the contracts be-
came executed obligatory; and it is absolutely
certain by any means that they then entertained an
opinion of the necessity of such approach their
part TO render the contracts valid and binding upon the
state; in fact. remarks have fell from members of the
Board assembled the 3s December when the award Of
contracts read to them by Commissioner Mathcr and
tend for the necessity of such approval entirely
tive the suppoition 1t then said that the allotment
which had been read with exceptions perhaps.
good could be made by any five members OF the
Beard. and that 1t doubtful whether any five
could be found in the State who could make under all
the circumstances fairer just distribution of
the work. When suggestion was made that II might be
satisfactory to some to have the Canal Board formally
approve the contracts it ngan remarked by the
mber that he could not vote oapprove Of the allot
ment. but he willing to let II pass that the
year was about closing and with its close the Canal
Board wax about to change What had been its rcspons
bic majority politically going out of power and all
Of parting in peace with kind feelings
towards each other and they were all willing ns appeared
from the evidence to let the whole subject Of the lettings
pass and to have the contracts carried out good faith
the contracts obligatory and binding upon the
state without as with taer formal opproya In rea-
ton to the views advanced by some. that further
action to these contracts is required the part of tho
Canal Board and that their approval necessary to bin
the state hand and the other their dapproval
in order TO release contractors the committee do not
dcrtand how there be legal obligation resting
side under these contracts without corresponding
the other; and they would further remark that If
such action necessary that action should have been
taken the 3st Of December when the contracts
reported to them and their acquescence in them under
he circumstances and in the detailed in the evil
dcnce. mounts in the opinion Of the undersigned to
virtual approval far Mt least as to prevent the State
for which they acted from taking any advantage Of
its own wrongs; and If the Canal Board permitted the
commissioners and engineers to proceed under the reaolu
ton Of the 22d December. and engage the contracts
knowing the fact and allowed the contractors to enter
into their contracts suppong them perfect when II
necessary for the Canal approve disapprove
them, and that Board neglected to take action tho
subject when they had an opportunity to do So prior to
the 1s Of January the State ought not under any con-
sideraon Of the subject to attempt or to be allowed now
to the position that those contracts are invalid
for that cause.
The undersigned therefore In view of the matters by
them above stated and Of the testimony heretofore pre-
sented respectfully but confidently submit to the Legs
ature the following conclusions clearly established by
the facts and circumstances of the investigation of the
committee
First-That whatever mistakes errors may have
been mndc in particular instances yet whole the ac
on Of the letting Board In contracting for the execution
Of the work under the canal law OF aggregate amount
less by half u million than the project Of the Canal
Board presented by the Attorney General and less by
nearly million than the estimates Of the engineers. Is
calculated promote the interest Of the State and
fur practicable tho completion of the contemplated
Sccond-That no fact has been ascertained showing
any fraud in the lettings Of the contracts awarded or in
the execution of the canal law but the the
uniform tenor of all the testimony taken repcls
all suspicion of the kind
Tbrd-Thnt action Is required on the part Of the
Canal Board to give further validity to the contracts nor
the part Of the Legislature upon any matter in
aon to the subjects referred to the committee unless to
works their subordnates and clerks to perform the
duties imposed upon them by law. With view there
undersigned beg to introduce for the consideration Of the
Legislature. the following bill -
A' os sss
SSd Snses ysisy canH,.
nate And Assembly TS do enact as and
Within ten t%1a Sa's
anime the contracts awarded and entered into the month
Of December 1851 by the Canal the state En-
gneer and the respective division for the
ton OF the enlargement Of the Erie and Osvego canals and
the completion ofthe Black River and Geneee Valley canas
and to ale with the Auditor Canal Department COM
pete and accurate list and description Of all such con
tracts the execution Of which WILL in the judgment OF the
Canal Board, safe and to the state
due regard to price the ability Of the parties the
cury furnished for the Of said contracts
the probable claim against the state TO arise from On
list aforesaid shall become the duty Of the Canal BDard
the Canal the State Engineers ana
TO take such steps they shall deem most efectuh 70 m
the early and vigorous execution Of said contracts
Section z The Canal Board Is also directed ana required
within ten days after the Of this to report % the
legislature accurate list and description OF a
awarded entered December 5l as aforesaid
any which the said Board shall deem advisable for any
for the State to suspend abandon together with
their in favor Of such abandonment or suspension
and also Mt the to report TO the Legislature
such proposals for the work among the bids sub
mted to the Canal Commissioners the State Engineer
the Division Engineers, previous to the
award Of contracts made by them rs aforesaid AS would be
safe and for the State to accept having
due regard TO price. the ability the PARTIES the security