New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-12-29
BEFORE THE CANAL FUND BOARD.

ALBANY, Dec. 2S.-1he Commissioners Of the
Canal FUND 1880 tins morning, 70 consider the
charges made against the Hon. Francis g Tnayer, Att
dior Of the Canal Department. There were present the
Lieutenant Governor Attorney General, C0ntro'r oec
recary Of State, aud the Treasurer. u fun Board Tue
Auditor was present with his counsel u. W. Miiief ana
Mr. Magone OF tho Commission.
Mr. Miller said that he took his set here tho tos
tmony against Mt Thayer had been placed in his hands
FOR tine first time He stated To tho Board chat himself
and client wanted distinct and specific charges made
and opportunity 10 Introduce witnesses and have
their testimony takcn
Controller Hopkins moved that the Board 20 in'o
secret session. THIS was carried, and the room
cleared Of spectators The doors were reopencd Ia half
an hour and the Secretary OF State was desgucd to act
az Secretary of the Board.
The Lieutenant said Mr. Miller this Board
has determined decide upon this question. and II you
have anything say 1t will have to be TO tie charge
made In the report mae the Commissioners which Is
in substance that the Auditor has violated hrs duty II
would be understood that the action taken heo not 10
be- final This Board does not assume, and b. law not
expected to pass upon the guilt OF the Auditor"
Mr. Miller then proceeded to address tie Board Ills
argument was to the following effect:
Te law must be followed strictly In this ease, that IL
Ia saw IL must asccrtimcd first what tie duties OF
tile Auditor and, secondly, whether ne mas Violated
tlcatcs when there WAS money on Land 10 pny thol
But THIS is true only OF $1,000 Of certificates Tue
other cases. there nO money 10 pay The coitiicts
The Auditor simply accommodated tue c1drict0rs. He
made "A profit but IL was small IL u Tor the Board 10
say whether violation at duty. There WAS,
however, violation of duy. The question IL, DID
The Auditor decline pay these tcuies before buy
lug them from u bad uutlyef He was BEST NJ Time
wnen there waa panic and money wls not 20 be had
anywhere. lie simply hNid there vac no money - piV
with and then from his private means az u"hc az others
money WAS provided This was no violation or Law. The
law was the contrary adhered to- pnechasr Of u"-e
certificates may nave been unsecmy ana inhc9OrOh~,
butt was "a collation. VI law, aud that ~ what the
BOarl pass upon. On the aty, tlic AlHiItOf
discharged his duty ~ the state fully.
Then, there the Governors message Oh canal AZ
fairs That message had the effect OK damaging All canal
securities The contractors all med and rold no
raise money their certificates. tuuy thsCItcnud 10
give up their and leave tho Wos on te canals
unfinished unless they could DC pilj ~ was
communicated TO the Governor that they must
have money, and there way To get
10 except from the state. Tho Go'rrDOr sad,
Gentlemen, the caIa,s must BE opened IN Tune loh
must do the best possible TO accomplish H. ThB VAS
whaJ Mr. Thayer did do. As Ia this Willard JOhnSJn GER
tiicates the bougnt them stli holds tlen at
r,sk They have been audited aud have nothing 10
do with these charges Violation of duty uay he talked
of when the Auditor fIaudulenty auds These ccrhoars
The here Is whether the Audltor yiuatcd MS uuy
tu purchasing these certificates IL might have been
better perhaps let the canais co. ana not have put
them In uaygble order rather than luILhb the money
10 put them in proper condition. but that IA question:
This was the whole case i il simple matter and one
of very little consequence TO the pcople. As IA the ~
duction the Auditors bank account could not have
been produced by his profits on tie purchases Tue sum
las too great and tho profits too small Tho re'ilcoh
produced mainly Dy the SAFE OF large ruauuty VI
hour had Oh hand.
saeE