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

.c. :" several hours in duration was finally defeated
III he Canal Board by the determined and perseyering op-
portion Of Messrs Foett and Matlcr The committee
have also procured from the Office tho Engineer
anu surveyor statement Of all the bids and awards the
cntre work 80 arranged to preent in view the
Innate Of the Engineer for any particular section for
cnanical structure the award and to whom made. and
all bids above and below the awards This is
attached to and constitutes part of the evil
dence i'll the and il distinguished IA schedule d
In reference to this statement the undersigned would
serve that while through disappointed applicants. and
certain portions Of the public press apparently represent
ing them and their interests tho number Of rrsponsbe
bidders below the awards made has loudly proclaim
cd and particularly and repeatedly intentional upon the
putic mind cautious il not international silence hrs
Been maintaned in the quarters to the large
number ot uch bidders whore propositions below tho
m uni OF the respective awards whereas will be
ny an examination of the statements last referred that
in very instances the number of bidders above the
awards far exceeds those below while many tho former
are either known shown TO bc of the most promi-
Mnt experienced and competent contractors who have
been employed upon our public works, Without refer
ring TO particular instances the undersigned submit that
careful examination of this schedule will cmonsratc
cohevcy that the opinion OF contractors expressed
in their popoals for work is not to be relied upon as
correct estimate Of II fair remuneraive price for
tr'o t WORK % IN question and that consequently tn
other more reliable standard and they also respectfully
submit the conclusion which it to thcm
evitably be drawn from the disclosure that schedule
wen as ircm the very nature and necessity of the case
that the practice which for years uniformly pre-
vailed adopting the estimates of the engineers the
approximate standard of the value Of the work is th
only safe and prudent alternative Their engineers are
iuly quahhed both by professional education and expert
ence fer the exact and accurate discharge official
duties; and the engineer department to which they be
long is organized at great expense through the State
for the cAprefs purpose OF the of such ser
vices with direct view Of thus forming of action
placed Civil engineers years past in other Staes
as well a. this have been employed upon all public works
,hrnnng , ~ thrr Fpseications plans and estimates
and adjusted for the expenditures throughout all
tn the public works % Of the country of many millions
OF dollars That tho Canal Board rs body
must have entertained similar views ut one time
at all cvcnts, is apparent from their having
adopted the resolutions offered by Attorney Generai
Chnheld in substance resolving that the board would
not consider any proposition than per cent
above or fifteen cent below the engineers estimates
different doctrine at any subsequent time profssed
y either the movers or supporters of that resolution
testimony will probably show the history well as the
causc Of such sudden conversions It is also proper for
the undersigned here briefly another particular
IN which the acon which has been had the subject
peiore them has given rise to discussion inasmuch
as 1t more definitely approaches distinct specification
than generally to be found in the wholesale charges Of
fraud which have been preferred against these awards
This the introduction of what is termed hartpan and
quckand as new and separate classification OF excava
on INTO the specifications and contracts 1t appears
from the testimony, that since the resumption Of the
public works suspended by the act of 1872 no such
classification made in the estimates specifications or
contracts Earth and rock constituted the only divisions
Of excavation Engineers and Others who by experience
were qualified oudge differed which mode Of speci
cation most productive the public interests On the
one hand. without the classification of lrarpan and
quicksand contractors would apply to the Canal Board or
legislature for extra compensation for all excavation
found in the of their work expensive
than contemplated at the time Of CONTRACTING
and the investigation of those claims would urged on
as heretofore to the waste Of time of the cber of the
Legislature and Canal Board and finally, also as hereto
fore to the pccunisry loss of the State While the
other hand il was contcnded that the Introduction of
this classification affected in degree the indepen
dcnce Of the engineers and commissioners while acting with
contractors readily disposed to make hardpan and quick
sand cut Of any material found in their whenever
by their contracts they were to be paid increased
price for those articles earth In addition
to which is the fact that in all to discriminate
anu draw the exact line between har,in" nd quick
sand and common Garth. is a very dfso.., aatter and
frequently the subject Of dispute between engineers and
Others that the State is often liable to pay large amount
ior the supposed existence of hardpan and gucksand
which would be avoided by different classification only
earth and rock. The undersigned have means o.
which of these systems of classification would result in
the greatest loss to the State il it important know
so far as this investigation concerned unless fraud is
shown to have been necessarily consequent upon the in
PRODUCTION Of the classification of hardpan and qucand
The evidence does not show fraud in this transaction nor
anything from which fraud is to be inferred; the
trary appears from the testimony Of Mr. Seymour the
State Engineer and Surveyor that a which
he approved and which brought forward by him. and
adopted by the Canal Board about the 10th OF October
last as will appear by the minute Of the Canal Board
also irom Mr. Seymours testimony that the subject had
been under consideration for nearly year prior that
time 1t would therefore not to have been brought
forward any sudden emergency much less under such
circumstances would warrant any suspicion that
concocted for the present OCCASION and with improper
and fraudulent intent II il doubtless a subject upon
which there may be wide and honest difference Of opinion
appears from the testimony in the The undersigned
admit that there be to regret that this clas
cton had not been earlier made and prior to the estimates
and prior to the estimates for the work. but such
thing before them it is impossible to say whether
the cost OF the work under the contracts awarded will
this account, be ultimately increased beyond what it
would have been under the former system of classica
ton with its usual accompaniment of extra allowances by
the Canal Board and special Legislation in behalf Of
tractors for material expensive than had been anti
cratcd or than was indicated by test pits And before
leaving this part Of the subject the undersigned would
remark that the propositions of the State Engineer
introduce hard and quicksand separate specca
ton into the contracts though at first rejected by the
Canal Board subsequent day reconsdered and
adopted motion Of the Attorney General The gentle
says that Messrs Church. ChatRed Mather Follctt
and Seymour voted in its and Messrs Cook Fuller
Hunt and Morgan against it. From these preliminary
remarks matters connected with the awards for
under the law to which the public attention
has been much directed andwhch in the opinion Of the
nnds1s,gned anan h Is , necessary to proper under,
mRconception and Misrepresentation, they
turn to the circumstances under which the action Of the
public officers entrusted with the lettings has
relation to the due execution Of the canal law cannot
be necessary detail upon the extraordinary
nected with the history OF that law The unprecedented
Of of the of the people to de-
feat it at the special election ordered in consequence the
extra session Of the legislature TO carry out the expressed
popular wl-thc magnitude and Importance of the I'm
and the immense amount of work requisite for
s All c9nspHe 10 attract ana concentrate the
attention OF the public and especially Of all who hoped
directly indirectly to profit by ts execution the
measures taken for its accomplis shmcnt Accordingly,
when after due notice had been given for the receipt OF
proposals. for the entire work the Erie Genesee Valley
rlaek River and oswego canals tho Caual Board the
10th tf November last proceeded to open and examine
| the same scene presented unparalleled in the
history Of the public works of the State From all parts
| OF the State, from other States from all walks
Of fe from every profession pursuit and trade from
ev,ry division and subdivision OF political sect there
swa med upon the capital legion Of applicants all
ious ard mpoi unae for participation in the anticipated
profits Of some share in this Improvement the last for
many years ut least. to be obtained upon the public
works Of the State The expectations Of all high
had claims real imaginary for political services
others relied personal friendship for while
ohcr Of such to other
and favorable constellation
Associations. combnaonsan partnershipswere formed
almost without number, and embracing componcnts Of
every conceivable complexion for the purpose Of securing
in the Of of them share in the contract
While this was going outside. the Canal Board was
busy engaged In canyang the bids and preparing their
proposed allotmcnts OF the work The number of bids
unprecedented amounting in the aggregate as the
undersigned informed to about hundred millions
Of doarrthc number of bidders being about 5000 The
| Board at and felt the difficulty of award