Bedford inquirer and chronicle. [volume] (Bedford, Pa.) 1854-1857, 1857-09-25
PACKER AND THE COMMITTEE
OF 1853.

first be ever held-until his administration
OF the Office compelled the Legislature Of the
State to raise committee Of investigation
mcerning it. Indeed it is a singular Coz
incidence that in the very first year of his
ouperlntendency, and in the frst of his Ca
nal Gomnlssionership, his own party being
IN the majority, We bekeve IN both instanc-
es, they were compelled to raise committees
OF Investigation concerTiag has official mis-
conduct. The man who was ceiisured in
1883 BY committee, was again arraigued
IN 1889 and in lS4l. How comes it,
tsurely the history Of no public man in Penn
sy'vania affords parallell that during the
six years he was upon the public works be
was three times arraigncd before legislative
couRattees of his own party, and twice
fo'ss'd guilty, and publicly reprimanded for
aetorious violations of the law!
But now for the report of the committee
of 1853
The Committee, in their report made up
on the 7th of April, 1884, tvid, H. r.
Journal for that year, PIP. S97-9S, inclu-
sivel say;
"Ry the act Of 1893 ii is provided that
the CaDal Commissioners shall not be au-
thoiised to incur any debt on the faith of
the Commonwealth in any way or measure
beyond the appropriation aforesaid. There
is retained in all contracts Fifteen per ceat.
OF the amount engaged 10 be paid, which is
subject to the control OF the Board, snd
may be paid to the contractor when the
work is suspended; or if it be abandoned,
may be paid or retained at pleasure, accord.
ing to the circumstances Of the case, and
VIXEN job is completed 1t is embraced in
the 6nal estimate.
The Committee are of opinion that the
State and its agents bold this per centage
as trustees of those who have earned it, that
1t is theirs and is rc.a ined only by virtue
Of oo7tafu sfianlatians in contracts md 10
insure theCr more perfect performance, and
that when an appropriation Is otherwise enl-
ly expended it Is as much exhausted for oil
State purposes as ii this money were paid
over, 1t is obvious, if it were not so, the
law which has been cited would be a mere
dead letter, aud superintendent aud other
di-bprsing canal agents might create debt
for which the Commonwealth would be NOR
ally aud legally bound, to any amount
which tue per centage might reach. Ii
they ran employ the money thus retained on
t be current work, and are permitted 10 do
50, the contracts secure the payment of it to
| him or them whose money has been thus
used, and u debt Is thus thrown upon the
State. This direct violation Of the spirit Of
the Inv cannot be justified. These remarks
ATE induced by the fact that the back per-
centage was last autsmn aud winter APP
! piled TO tue work in progress upon the ly-
coiuing line of tue Pennsy lvania Canal, in
stead Of being retained for It's legitimate
purposes. Neither the fact of its being
done with the view of advancing the pub
lie Interests, by finishing and completing
Fcertain jobs which, in the opinion OF the en-
queer or superintendent, might or would
suffer fronl delay, nor the fact that the in-
stsntiaa Of so doing was communicated tC
niIssy of the contractors, who approved OF
it, aud that there we're few complaints on
this account, dc not afford any justiic alton,
although they aAay excuse the aci. On
such subjects public agents, and particu-
larly subordinate ones, have Go discretion
AIRY power. The Committee accord full
credit for purity of motive and fidelity oI
executions, but they must express theil
st,,oug disnpprobation Of such course, anG
the hope that it will not be pursued hereaf.
itar."
ghe ,Conrmittee on page 900, titus un'
ifo.d another of Mr.. Packers transactions
dupiag the same gear:
"That the S1peEinieudent of the Lycom
ing division of tie Penusyiyauia Canal ex
} changed fifteen or twenty thousand ddllur
of the notes of the Bank of Pennsylvaul
, for notes of the Bauk OF Middletown, an'
9 maid them out OH lis line, is known, an
a would not probably have been deuied, TO
he received no premium or commission
y But the committee think that the exchang
Il ought not to have been made; whatever &c
y vantage tl,ore is in distant circulation, To
,e bank of which the State holds three-hfti
Ia of .hc stock ought to have it when in Ii
+ power of the State agents to confer it; an
;. il ia expected that in future they will y
r. gard this az their duty. although q
f.omu,ttee haze not been able 10 aScerfdl
bo orscsssly By ,Ohat confidential officer Of t
= ;, Canal agency the notes Usre placed
; drafts on those banks haze bean erchang'
lis win other institutions for their paper, a
IL a premium allo,rsd on fter erctrngc, 9
there remains no doubt that such has be