The New York herald., 1869-03-12

were in consultation in preparing report 70 some
extent favorable TO lwnat was understood to be the
Tuesday morning, March 81, read draft Of pro-
| posed report to Senators Humphrey and Matt0On,
as Sae No ana
| same day all the members OF the committee met.
Senators Pierce ana Bradley signed their report
| Senators Chapman and Humphrey signed theirs
Senator Mattoon did not sign either. but expressed
the opinion that both were 'pretty strong, and he
wednesday, April l. senator Mattoon Joined with
Senators Pierce and Bradley In making report sls-
tanning the fullest extent the charge referred to
in the original resolution charactepzing the conduct
! OF Mr.. Drew as ACKNOWLEDGEMENTS the
feeling that Eldndge, Fisk and Gould '.were CON
cerned and probably interested with Drew IN these
i corrupt proceedings''-charging that these acts
were without authority Of aw,r and that the
directors named had taken advantage OF their posi-
tion and influence for purposes OF private gain and
| emolument," and recommending additional lcgisla-
ton to impose increased penalties for such offences
! The same day Senators Chapman and Humphrey
| presented the report read the preceding day by
! Senator Chapman as above sfaled signed BY them
| selves alone, rs q minority report
Mr.. Gould testaes that he perfectly as
founded when ne heard that Senator Mattoon had
On the 18th day OF April 1868, the tact In relation
| TO the Erie New York Central. Hudson River and
/ Harlem railway c0mpaniesn was announced for Its
third reading and passed the Senate by seventeen
affirmative votes one Oi which was given by Senator
In the Supply bill for 1868 session Laws 1868, page
| 1850 we find the item. .'For j. IL. Matto0n for
vices and expenses as clerk and assistant sergeant
alarms OF the committee OF the Senate appointed to
investigate the AFFAIRS Of the Erie Railway Company
| $100."
| vestgating committee, In repeatedly paying private
visits to persons whose conduct was the subject Of
| investigation for the purpose 0f con'erring with
them as to matters before the committee cannot be
| justified and has not been excused. But the
| evidence taken before your committee upon full
| examination OF oil persons who were known TO have
| made charges against him, and all who had been
named ~ parties with whom he had had improper
pad or promised Ia any MONEY me- or other s yauapie ali
thing to influence his vote or action IN Senate or
| committee
| No evidence has been given nor any charge made
Affecting any other Senator, except that Mr. Drew
also testified to conversation with senator Graham.
from which he ''drew inference" that that Sen
| ator wanted money or promise OF money.
Mr.. Graham himself denies the Of the language
attributed to him by Mr. Drew, and wholly denies
the imputation OF seeking asking for any reward.
| 1t appears tnat Mr.. Drew had before had personal
difficulty both with Senator Graham and Senator
MattoOn and long litigation with the latter.
The testimony taken before your committee shows
very clearly the reckless manner IN which charges
attrtbuting crimes to public men, and involving ruin
and disgrace to those charged. made by persons
connected with the public press.
The New York Tribune, In q conspicuous editorial,
charged Qnterrogatlvey. but no less clearly than If
the allegation had been dlrect. that one OF the
oldest Senators In this body knew '.that quite
number OF his fellow Senators had sold their votes
in the Vanderbilt quarrel some Of them more
than once" Upon examining Mr. Greeley who
the article. 1t appeared that he had no nfOr
nation even as TO more tnan one Senator and
that was derived from a man VINO stated A.
had no knowledge. The writer for the LansngbnH
paper named q gentleman as having been guilty 01
the crime or bribery upon no ground other than
statement Of what somebody had told him lie had
read In the New York Tribune not even taking the
trouble to read the article referred 10 as authority
The OF Mr. John 4. Mines, q correspondent OF
the New York IrldepenJe,lt, Rochester Democrat,
Brooklyn Union and New York citizen SHOWS still
more srlkingy the utter recklessness OF truth with
which such charges are sometimes made. THIS gen
tleman, then an attache Of the senate, holding an
ONCE bv the favor OF the Lieutenant Governor. In
which ne performed no substantial SERVICE, except
to draw his salary, after the adjournment oil the
Legislature wrote an elaborate article for the IN
deDe9dent, in winch among other things he
said that the Legislature OF 1888 was the "wors as
sembage OF oric.a thieves that ever dlsgraced the
Capitol Of the Empire SEate.n While admitting thai
there were '.hunest and pure men In the senate,
who had The good or the people AZ heart hestated
In this artcle tnat they "were IN poweriess mnor
~. IL tine Legislature OF 1868 exceeded all ITS
predecessors in corruption'''ts private yenaity
by Its eagerness for puDlic punder."
Your committee having their attention called to
TINS article the initials OF person whose con-
nection with the Legislature was 50 intimate, NOT
only from his orcial eatons TO the SENATE but from
the fact Of his having been tue Albany correspondent
OF several newspapers, and also connected 10 some
to ASCERTAIN Tie basis of his sweeping and deliberate
charges. In long examination, III which ne was
interrogated fuly as 20 snis knowledge, ne was
unable 70 state fact within mis- personal know
ledge sustain his allegations or 10 give to your
committee the name OF any person rom whom he
had received information OF ally such Facts or III any
way TO aid your committee in their investigation.
Indeed, this witness stated that when lie heard
rumors OF corruption he 'pnrposely investigated
no further.- He s.did not Try to trace these
rnmors 10 facts" With sucn avidity did TINS
writer for a professediy religious newspaper
seize hold OF scandalous rumors, utterly regard.
less OF their truth or falsehood. as the basis
OF a sensation article" written for pay
While your committee recognize the right and duty
OF the press 10 criticse and comment upon the con-
duct OF men In public life, they are satisfied thai
such indiscriminate attacks upon legislative body
based upon Idle ruInors aud written by men who
take pains not to ascertain the truth or fasehood OF
what they write, not only unjust, scandaous
and in every way rcprehensble but tend directly to
encourage and Increase the evil which they process
abstain from such investigation ~ VIII enable them
TO know the acts, by making indiscrninate charges
aid IN covering guilt wnere IT really exists ana d.
verting attention from those who deserve censurc
and punishment
The result OF the labors or your committee may be
summarily stated thus
/. Large sums OF money were expended for cor
rupt purposes by parties Interested in legislation
concerning railways during the session OF 1905
=. Lobbyists were tnus enrIched and In some
cases received money on the fase pretence that che
votes OF senators were 10 be thereby influenced.
3. There is no proof of actual bribery OF any
Senator.
!. The newspaper charges made In the instances
that were brought to the notice OF your committee
were founded on rumor alone and nave been IN
case sustained 10y the evidence OF the writer's or other
proof.
Your committee deem II their duty however to
express the oplnon that under the law "a 1t
lists IL y almost impossible To prove the crime OF br
berry where IL has been committed B0tn the parties
To the transaction (who alone can ordinarily have
knowledge OF the commission OF the crime)
liable 10 the same punishment. True the testimony
gwen by on the trial OF another cannot be used
against the person testfying. but the witness well
knows that such testimony necessarily gives the clue
To evidence by winch he himself can be convicted
and punished. The result is either refusal TO tes-
lfy or remarkable forgefuness or something worse.
Your committee therefore recommend q change In
the law a. II now exists, by which the giver of .
bribe, which is accepted, shall be exempt from pros
ecution. 1hey recommend tins not from any dspo-
sition TO pailiate the guilt OF tive party giving bnes
but because public policy requires thathe means OF
obtaining proof should be facilitated. ana this eau
be done only by exempting from punishment one
OF the guilty parties. The guilt OF the party who, by
accepting brbe betrays public trust and violates
his Official oath, " f there degrees In guilt OF
this kind greater than that OF him VINO gives 1t. At
all events your committee submit that the Legsla-
ture owes II 10 its own reputation and dignity 20
adopt such measures as are best adapted
TO remove every obstacle that now exists
/ to full and thorough investigation as
To the conduct OF any OF iis members. This change
In the existing law after mnch discussion IN the re-
cent Constitutional Convention, was Inserted as n
i proyisLon In the nroposed rev constitution. and has