The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-07-10

out * the moneys Of the people Of th State large
Of money, withe Of eighty thousand dollars for
full and ex1avsgAnt expenditure OF public money where
in truth and fact ths said timber lumber. and other
ma = S 81 chsp Of john
Aathsr but useless, all which he there AMI thea
well knew whereby the moneys Aforesaid became lost TO
the people Of this state.
ARTICLE VII.
That under and BY virtue Of toe resolution OF the
Canal Board Gully passed October fifteen eighteen hun
said John c. hather such Canal Commissioner, to
the slopes and all wall on each side of the canal
Genssee street to Schenectady street in West
Troy and the east eide Of the caaa from Schenectady
point two hundred feet south Of said street.
and substitute perpendicular docking with plank in
place thereof in accordance With the plan pro by
the State engineer and surveyor At the estimated cost o
tsyen tho sand two hundred and twenty two dollars aud
and In violation Of his duty Canal missioner,
Old atsrwards to w.t. on the first day Of April eighteen
hundred ano atty two and divers other DAYS between
the date of said resolution and the twenty fifth day Of
August eighteen hundred aud fifty two expend aud pay
cut pretend expeDd and pay Of the moneys Of
this State, large sum of money, and above the
authorized DO expended by ths resolution aore
.aid Of the Canal Board on said works. to wit the sum OF
twenty five thousand dollars, said work. ach said
penditure illegal unauthorized, and without sucho
riry Of law.
That the said John Mssher beng such Canal Comnis
soner specially assigned take charge sf the eastern
division Ct the canals Of the State aud of the portion Of
Erie canal included in ad division assigned
to his charge aforesaid after the adoption OF the
luton for the docking Of that part Of said canal is al
legged in the last preceding article and about the
first day Of January, eighteen hundred aud fifty in
violation Of his duty such Canal Commissioner and in
contempt defiance Of The VS. and statutes Of the
State OF New York. did alter and change the plan of said
work from that specified in and sdopted by the Canal
Board by the resolution duly passed BY them, al
plan made, the said John c. Mather did substitute
timber for plank for the docking WHEREBY the
estimate submitted TO said board and adopted by them
was largely increased and the of said work
also greatly enhanced and than doubled to the
great loss and inconvenience OF the Satethe work in
this article mentioned not berg ordinary repair on
said canals and the and direction Of the Caual
Board for the doing thereof having been obtained
therefore required by the Ia of the State of New
York. which act OF the said John M.her illegal
assumption OF power in con.raventon to the policy and
well being of the statelof New Yoik.
That he said John u Mather, such Canal Commits
sioner in procuring the materials for the said
toned in the preceding article did knowingly, nogh
gently and corruptly make, be made waste
full and contract for the materials necessary
out authority Of law adopted by him. with certain firm
by the OF Roosevelt Beach, by which said Roose
Welt and Beach we're to receive aud be paid and were
paid an unusual ard excrbtant price for said Materials
consisting Of large quantity OF lumber and timber TO
wit for 600 feet Of pine timber board measure when
the said pie timber could with ordinary and dill
genoe have been procured and purchased for q much
less per thousand than the same purchased
and Tor zoo GOO Zee. of hemlock timber board MEASURE
hen the said hemock timber coad with ordinary care
and diligence have been procured and purchased fer
much less sum than the same purchased, ~nlca
". d
and improper wasting ef The public money, ana occa
stoned great loss and lnconvenisnoe to the stats.
ARTICLE X.
Canal Commissioner, during the of canal navigs
tion 1852 did knowingly and ailfu5 neglect hts dutes
and did rot, during the II canal navigation 1852
VISIT and every par: of the line OF the canals
assigned in special charge to the said john Matner,
ard odd repeatedly for the Of than thirty
days during the stason Of canal navg ton In 1852
wholly neglect TO visit and examine the several sections
and part thereof Of the Erie canal his duty
aid visit and examine every part Of the line CT canal SO
assigned to his special CHARGE at least every
Gays curing aae season Of canal nsyxsson ou.
duty such Canal Commissioner in this behalf aud alb
sented elf Their from to the great inc and
injury of the people of this State and the form OF
the statute in such case made and provided.
ARTICLE XII.
That the said John c. Mather, being such Canal Co
did sfuy neglect his duties by the negligent
and careless omission . give any written notice Of any
visitation upon the eastern divsioa of he Eie canal
pal navigation for he year eighteen Aurdfed aui fifty
two required BY statue, to the great inconvenience
and injury Of the people of the State OF NeS York.
ARTICLE XII.
That the said John Mather, being such Canal Com
missioner did, 10 the year eighteen hundred and fifty
two BY color of his said Office draw ro and receive out
Of the treasury Of the Safe Of New 70 of the moneys
OF the people Of said state there being the full of
eight hundred dollars without authority Of Law and
uIoB the pretence that the said John Matner was en-
titled thereto tor travelling expenses ard mileage for
travel actually and in good faith incurred and performed
his sAid Office Whereas in truth in fact such
penses we're not incurred and such travel was not per.
formed ard the said John c. Mather we'll the same
whereby tbs said John c. MAther wrongfuy converted
the ssid Moneys to his own use 10 the great wrong OF
the people Of the State Of New York.
ARTICLE XIII.
That the said John G. Mather Canal Commissioner In
violation OF the duties Of his Office ard contrary TO tse
avs OF TIE state Of New Yuk nepl.eety and wlfully
did by virtue OF his said office purchase and cause TO
be in behalf OF he state upon III. div lion Of
The canals 30 "a Aforesaid specialy assigned to his
charge la pc quantity OF timber nd Imbr and other
vial m fxny fat purd
which ne al reed to pay and did paw large snd exsrb
liant prices under u,eterce that the same wa, needed
equireo for the repair of the can of taa Stata so
nj Ger his special charge and did in neglect of his said
duties and in violation OF law omit and Neglect to nut
he contracts Tor said timber AND materials in writing
AZ nave executed thereof three COME. a. by
law ard e. violation Of the dntie Of his Office did omit
and CT 10 mah the said c as ia nan
tjty an The sad JobL C. Nsth.r While ac.ino in his aid
flee Of Canal Com Toner and bv color thereof cid p.y
ana cau tn be raid ont Of the menevs of the beons az
this state a IaIge sum OF 1ronev-to wit the snm Of
eighty thou,a ooarsfor the ead lumber and otner
materials in Uastefnl and extravayant manner xhere
as in n nth and in fact large share and part of hs said