New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-02-04

I'D ,bs s,a,e FnTp..r For stin further .ecu-
rty, the practice has ben rees,,y lI.r"one1 on tre
Western Dvsiop, for the Ee-ii.at Ensloe-r 70 flr-
nisb fDl written explanations o the C7ns! t9Imis
s1oreY ~ r.-rec, TO the chaTsc.er u the work e-p-
cslly where the final estimste materially .Ieseds 1hs
.nu es,u s.sc at the tDe OF is'tlog the WORK S1ch
docun.p d is ~ I'ie practice value ~ the cvnIsctr
for the purpose OF rsstg money. until Il receives he
fusl examination shd spprob tCh e the Canal Com
n..iorer which be signifies By giving h. 1Ts;, OF the
Csusl Auditor for tho quidatef smount.
The laE ~ April 10 lsS plainly as.n71ss = ~ ire
co. tractor fully ana fairly completing his work oss
the legai rgtt N demand s1d from the Canal
C,unisslOnsr the draft duly hqoid4rng The I'm Jqnt
FOR il provides ior paying teIe't not on tue naal
ettiu ate, but on the Catsl Comrnssons! drVs
" upCn The fiLal estimate. Inc Courts 0. Justice
woG d undoubtedly compel the Czn.l Commissioner
70 give the draft If uDressonaby refused or delayed.
w. fcct the Supreme Court nss already dope 60 10 Two
sirnia Instances in coming before two se
,Jrdges IN February last, each 81 ~hom lrsaed Pc
remptcry nnandsnns directing the Cana Com lssDner
10 give bic draft for moneys due for TOrs on ts Csy
ugs and Seneca Cans and atsr the approp a,ol 1an
beer e1t sns,ed. Hs duty % Go 20 u evident ne
daft creates no debt, but merely hqadates deD
already created, and in poses 10 Obligation on toe
STATE n ore binding than the preetistpg oohganoho
the contract.
for nriya,e property taken for toe public use Of the
Stale the claim Of the Oaher FOR payment, ana mat
too with out delay, rests npon the mos sacred aaa
solemn obligation Of the Constitution. NO dfs't Oh
Canal Comnissioner, or any otner wrlren eVldeoce,
can supersdd any legal moral weight 10 the ian1a-
meutal obligation Of the state promptly 70 pay the
private citizen the value Of the property wreeted
from bin ty the strong Of power against ms VIII
To stgmaze the public officer OF state of hasten-
ing To bqnidate such claim, or 10 aiiOrd every s7l
be facility for It's speedy iyment, would manifest
total want Of moral sense OF ega PerGepuVn. me IN
designed in the brief period IN which he has he!i he
Office in question has had the satisactlon OF slgnng
drafts in thirty CAGES and Of thereby facilitating the
psyuept Of the amount awarded for lsnds cOmposo'iy
taken by the State from his ellow.eitzeps, to the
amount Of S3s so, and he has done no official act
which has afforded him more unfegned satlstactlon
So far from admitting it TO be proper subject Tor
apology or defense, be now earne.ty recommends
that he Iegie allure reform the existing law by pro-
vidirg more folly for expedtDg the hearing and set
en ent Of the lust claims Of any citizen Of the State,
for property taken from them for public use
TIE beaGs Of expenditure above presented Snow that
drats have been crawn for work done before the first
Of July last 10 the amount Of 1895 3d. and for work
done on existing acts since that time TO the amount
Of SIS 336. For portion OF the latter sum- proy,son
bad been made by the Commissioners OF the CanaI
Fund from the proceeds Of loan OF s2OOO 900, made by
them uDoer the 10th secOn Of the 9Th article OF the
Constitution. OF this SUN, $1,000 wac expressly
set apart enable the contractors 10 expedite the
work on the breakwaer forming the outer protection
OF the Eiie basin at Bufislo-on the embaukment AT
Hoey- on the excavation through the mountain rdge
Of LockpOrt-and on the embsDkment across the Cay
uga Marshes. considerable portion Of that anoant
has already been pad Ia them, so that the reedue re-
naming vi Ped Of the drafts for SOS $50 does not e1-
coed $50 900 The contractors 10 whom they have
been ssutd had Themselves elected before the trt OF
July as to go with their contracts, and to rely on
The equity Of the Legislature for such provision as
should be Just and proper. In many cases their WORK
wss go nearly completed that il would cost them, and
through them eventually the State q larger sum IN
damages in stopping the work and dischaIgDS tneI
men, machinery and Implements, than would cost to
complete II.
The Undersigned thought It necessary, at any rate,
before calling the Contracting Board which alone
- IL. 81. y..rk M -afn ~
rear II was 10 completion; and be soon sscvrtaned
that only very moderate expenditure was needed
to complete the whole, and still smaller sum TO OBJ
tain mel feet Deep and sufficiently wide
to aomit the passage Of boats fully loaded. The off,
cial reports then made by the three Resident Engl-
neeIs, ard fully coofrIned by the report OF Mr.
Fay the Division Engineer above referred TO, showed
that such channel could be obtained through the
Western Division, from Buffalo TO the Cayuga
Marches for a not exceeding sS, OO0 ana II was
further asceNaDed that, irrespective OF the work on
the al rsbes and of additional reservoir proposed
by the State Engineer, such channel on the Middle
division might be obtained for amount not exceed
Ing slj COO and the Eastern Division for sum not
exceeding $l2J, OO0-makng In all 500, OUO IL vas
further reported by Mr. Bennett the discreet and able
Resident Engineer in charge Of the work on the west
err portion Of the Cayugs Marches, that ITS cost IN
cuoipg the eastern portion embraced in the Middle
Division would probably amount to $l1OOoO, and that
II could not be completed until the Spring OF lsoD but
that a temporary sufficient channel of seven feet
deep could be obtained by deepening the present cana
through the Marshes an additional foot and at cost
not exceeding $l6,5OO-makng the total cost Oh oD.
tanning an uninterrupted navigation, from Lake Enc
TO TIE Hudson for boats Of the largest class and fully
loaded, only S3SI, 800.
The conviction that result exceedingly i'm
portapt was within the reach of the State, deferred
the undersigned from taking any measures to induce
the Contracting Bo I'd TO arrest the progress OF the
work and led hin to acquesce IN the propneiy ol per-
hitting the ntTaCors 10 proceed with IT, rs they had
voluntarily chosen 20 do, at their own TiSA. lhey
4 aAa II {.
action Of the Legislature to obtain navigation IN the
Spring, or very shortly afterward. The only delay
will be at the Cayuga Marshes but that need not be
serious as there two efficient drecges on the
level which being the lowest, is always filed with
waer and ready for action the moment the Legisla-
uIe shall give the necessary power to the Commission
ers in charge. ..
The work of excavatipg the additional foot in the
Marshes involves DO difficulty Of any sor The amount
necessary to excaye;e is but 600 cubic yards for
which twenty five cents per yard IL ample price. Inc
| experience Of last Sprlng IN exeavaung TINS very
charIe two feet, TO obtain Elk feet of water for the
Eie Canal conclpsively shows how easily and cheap
| " the work can be dOne.
In order however to render it of any use it will be
necessary 10 remove other distractions of minor e1-
tent embarrassing the navigation in other portions of
the canal OF which cause boats 20 ground when
craving only five feet Of water. The sections where
these distractions e1is were under contract, but the
contracts having been Cancelled the work was accord
IA civ reei Its COS 10 estimated 81 about 80 900, bat
no dIats have yet been drawn on that account, and
Il Legislature now stop the work, If they shall
| deem il wise 10 do
For the purpose of permitting the passage of boats
Of the size properly adapted 10 the dimensions OF the
Enlarged Canal the bridges on the Western Division
have ps.n Iaited by the Superintendent a. UNIFORM
| hight Of twelve feet above the water surface. New
bridges principally in the Cities of Buffalo and Rcch.
ester supply others that have become deeayed and
dangerous have also been contracted oT a. cost OF
$4,000 and also four stop gates at an estinsted cost
Of about SO, C00 to guard the high embanknsrt al
Irondequoit and that al HoDey fom the very serious
| dei.niinna end dlsaklars which Mnnd resnlt from