New-York tribune., 1875-09-01
BEFORE THE COMMITTEE.

EOkE THE JOINT II. L'hp
AND JOHN KTIEY REFUSE TO TEs1IFY-MR
wRIGHT's EXPLANATION.
ALBANY, n. Y, Aug. 31.-The Joint Legis-
ative Committee investigate cana affairs met at the
rooms Of the Auditor the Canal Department at 1880
this morning Senators Cole and Booth and Assembly
men Seward and Faulkner, together with Henry Smith
| OF the Committees counsel present. The Commit
| tee Immediately went into private session.
On rcopcnng the doors, John ID. Fay was recalled ard
examined as TO the Black Rock HarbOr contract He
testified: As Canal Commissioner had charge Of the
work; Skinner had the contract and assigned II To
George ID. Lord Vandeuscn succeeded Lord; LORD fur
nished tools when he abandoned the contract
do not know what became Of them; think the state did
get them: had nothing 10 do with giving Lord his
extra allowance the WORK; MOwery succeeded Van
deusen; he paid for OF the tools belonging to Van
dcuscn: stone etc. are frequently stolen from the state
when contractors put materials In bridges or
other structures they appropriate the old material do
not know that they are justified in 80 doing.
Francis s. Thayer Auditor Of the Canal Department,
recalled and examined to the enlargement of the
Champlan Canal He testified hat.thc cost OF that work
Is estimated at $3OOO,O00 The first appropriation
Si25 OOO and tie second $50O.0o0 All the first and
| about half the last lave been expended.
The witness then examined in detail as to the con
| tracts on his work.
Senator Cole-What authority had the Canal Board to
use s'part of the 100000 when there no law
| authorizing themi Mr. Thaycr-I do not know upon
what authority they acted; suppose they assumed To
have authority; there no maps plans or surveys
for the work made; the contracts were let before the
surveys &c. could be made; there no authority for
letting prior the yet they were let; the
law expressly provides that the work shall not be let
until the surveys made and submitted to the Canal
Roard for approval the Canal Board went on and made
contracts and expended $25300o without any authority
OF law whatever.
Mr. Smith read the proceedings OF the Canal Board
showing that maps ETC., were approved ana asked
whether any other action this matter had been taken
The witness said that there had not been. The MAPS
etc. adopted old and not new ones as re-
cuired by the law. The Board simply readOptcd an old
map and let the contracts in violation or the law under
which they were acting. They were required to have
new survey made with new maps, plans ETC, but they
merely readoped old maps One-eghth OF the work OF
the enlargement is done, and part OF the S1Oo0o0
used About 800, 900 have been used in payment for
work under the old contracts.
Mr. Smith-TEen yOu say that all the money expended
upon tho work without new maps, plans, etc, was cx
pended without authority OF law Mr. Thayer-Yes Sir
law expressly required such new surveys, maps etc.
before the work was let.
Senator Cole remarked that this was the worst develop
ment vet made in all the investigation. He said the
Legislature understood this question fully and was very
particular wording the law which was to govern the
action Of the Canal Board and yet that Board imme-
dacy the passage Of the act proceeded TO act In
plain violation OF its provisions
Mr. Smith inquired why complain OF the understrap-
pers-the engineers and other subordnates-when high
officials act In this way.
The Committee here took recess until $3.50 p. M
Mr. LORD AND MR.. KILEY DECLINE TO CRIAINATE
THEMSELVES
George D. Lord, ex-Assembiyman, was called to the
stand and lie sworn.
Mr. Peckham-Mr. Lord. do you know Mr.. Bennettf
F. Cogswell, Lords counsel here said it was un-
doubtedly known to the Committee that criminal pro-
ceedngs had been instituted against Mr. Lord and 1t
would be highly prjudica to his were he to submit
to any examination touching the matters involved in the
proceedings alluded to- Mr. Lord would therefore, under
Mr. Cogswes advice, decline to answer any questions
touching those matters lie did not think i would be
proper for Mr. Lord disclose HIS defense at this time
| inaon would involve those matters. lie then asked
Nr Lord lie had entered into an agreement with Lewis
yet hill known AS the Hand Relief bill through the
legislature he to receive twords of the award, when
Mr Cogswel said his client would have to decline to
that question: on the ground that might nave
tender ncy Ia criminate him. ~ .
senator Cole said witness privileged TO decline
only report thefact to the legislature
John Key, whose name is alleged to have been In the
i Wns .hcd the sane questions put to Mr. Lord Mr.
Cogswe his counsel said the same reasons Tor de-
ceedngs had been to Lis knowledge, begun against him.
yehls connection with the case was such as TO make II
improper this time 10 answer the question: After some
discussion the question put again and the witness
declined 10 answer might tend 10 crlmnate himself
clncd 10 answer any question the subject the
| ground, by advice Of his counsel, Mr. COgswell.
Chairman Cole tben announced that II would be the
duty OF the Committee TO report Mr. kley as being IN
contempt To the Legislature, and he left the stand.
MR. WRIGHT AND THE VOORHEES, CLAIM.
Mr. W. W. Wright, the Canal Commissioner, was re-
called and examined concerning tie payment OF the
voorhees, claim. lie explained that he hesitated long
while before drawing his certificate. He made full ill.,
aury and investigation, got contradictory testimony,
and determined pay IT, Time passed. and he lost
the right Of appeal. Then mandamus was brought to
compel him to pay He then put it into the hands Of
| the Attorney-Ceneral. Then he heard nothing more
about IL for some tmc when at length Judge Pratt met
him. and told him il had been put into his hands. The
witness said, "Judge Pratt ASKED what was going
10 do and said nothing He then asked me finally to
investigate the matter further" The witness sad he
newed his inquiries, and found the claim wa' Just
Then Auditor Dayton refused To pay my draft ana
again investigated and became COM lnced that the claim
ought 70 paid" He said that he not satisfied thai IL
ought to have been paid, and that S2,O5O was too
Mr.. Peckham-And yet he claimed only 81 900 when
he went TO the Legisatnrei Mr. Wright-Ths man was
A yepy ignorant He told that the contractors
would pay him something aud that the State officers
would also. But they never paid him anything Per,
haps he thought when he to tie State for VI 900
he would get something from others.
Mr. Peckham-W hat do you understand by grnbbng
Mr.. wright-Digging out stumps and clearing land
Mr. Peckham- -Chopplng and clearing Is only to cut
down trees and clear of the brush Mr. Wiight-Yes,
Sir. A..
47 acres land at Otisco Lake after the three acres
had been grubbed and cleared Mr. Wright-Not I'LL AZ
, ter a law had been passed authorizing It,
Mr.. Peckham-u you Will look at the supplemental
contract you viii that there grubbne provided
| for Mr. Wright-There was to be some grubbing.
MI PecRhain-ies, but you viii See the effect OF that