The sun. [volume] (New York [N.Y.]) 1833-1916, 1875-10-14

Engineers Hntes and BsbcOck-The Bonrd
Finally Deciding to Give them Hearing.
ALBANY, oct. bat he meeting OF the
Canal Board to-day the charges against hnRi-
neers Yates and Babcock were called up. Treas
urer Ralnes offered a preamble and resolution
recitin9 that whereas tho canal Board has no
power under the statute to suspend any enRi-
neer. and can remove only or charges preferred
by the Commissioner in ohafge and State Engi-
ncer; and whereas those 0ficers have neither
preferred charges against nor suspended the
division nor resident engineer OF the eastern
division; therefore, resolved, that this board
declares that IL has no luri5diction In the mat
ter Of the alleged frauds Of the said engineers.
Attorney General Pratt Sid that would make
short work OF II.
Iieut.-Gov. Dorsheimer s.id that It would "
they agreed to the resolution, but 1t would not
be done with his vote. He Inquired of the At
torney General what his opinion was on the
Attorney eneral Pratt said he had not ex-
amined the question carefully and declined
to give ruling. The proceeding thus far were
not altogether regular.
The Chairman put n motion 10 lay the resolu-
ton on tho table, and dec, lrcd IL G ,rried He
then inquired whether the Engineers wished to
| Mr.. Yates said he would prefer a separate trial
for forms sake. although me testimony taken
! referred to himself and lr DdbcOck.
treasurer Rnines said before any proceedings
| were taken there was AN important question to
] he ueCiueu-WLetner tntl nhu any luTsulcllon
Of the matterl They mad been told Nv the At
/ torney y-Gcneral that things were not exactly
regular so far IA they hnd gone, and yet they
| understood the law. were not properly made.
Another important question TO be considered
| WIS whether that 10 nj WAS responsible for the
| acts Of the casanecrs for the past Two years
ana he moved totake the resolution from tho
Canal Commissioner stroud would like to
have the opinion of tho AttorncS S-General ON
Attorney General Pratt suid, " the subject
was referred 10 MIN, he should be happy to ex-
anime the law and report upon II. lhey were
az a stage when " was necessary To act M TO the
strict construction of the taw, and lie was not
prepared TO give an 0pi,i1n az 10 inc conStruc-
Treasurer Il tunes moved To refer the resolu-
tion to the httorney-Generh for him To re port
ats =. NJ. Carried. The ooafd then took re-
cess unil o'clock.
On reassombling Attorrey-General Pratt gave
II ~ his opinion that the hoar'1 I'D Jurisdiction
! Treasurer Raines protested against the con-
tinuatiOn Of the proceediugsin in the manner In
wUirh II had necn begun, aud cited several laws
az inst the power OF the board To- proceed until
the state Engineer ana Commissioners IN charge
had foimaiv reported cnnrscs, ,,..
! ILcut.-tiuV. DursheiWer suggested that sim
pie remoy 4 OF these suspended officials might
be all that necessary for the board u do.
/ Trc ueople were prosecuting them. They were
involved In di-gracefui complications, ana II
was the duty of the board to remove them, the
same as though thcN wUrs gutitN OF "A ulsgr ace
fuI social aneuce. These officers, he said, may
he innocent. That WAS for the courts to say.
Hut, 80 far ns The hoard war conc rned, was II
| not its duty to di-ui-s thcuiI He moved that
John u. Yates aud stephen L. Babcock oe re-
moved.
Treasurer Raines moved as n substitute rcso.
luton requesting tue state Engineer ana Com
missioner ia charge 10 report To tne board WIN
reference to the truth Cr fl-ity OF the charges.
and that meantime the engineers remain sus-
pended Lost, 10 d.
WAS first brought up he Supposed there was II
be an inyestiSdtion As TO the com lalnt against
these officers, he desired to II was served
and issued without any consultation with HIN
at all. lie did not and could not take statements
. OF tue investigating commission without examin
alton. lie called attention 10 the sixth repor
Issued by that commission IN winch the posi-
tion h taken that all work on the ChamplalI
Canal required new surveys. maps, &c. Now
. said he, there Ia no Law ,or tins at all. fher'
was no statute requirins new surveys to %
made IA the commission claims As TO th'
chraees against these engineers. ne thought /
, no more than fair tnat 1sN~ -soouid he gwen
hearing. he therefore moved an amendmen
To the Licutenant-Govetnorsr, I, solution tuat th
trial he SUSPENDED tin the case brought oefor
: the courts involving then Is decided and In tn
mean time tHeS remain suspended.
. Treasurer Raiues was opposed 10 this,
would be construed a. eSadtng the question
4 | dodgng the issue of irving the charges brOugh
: ! ~ 1nst these engineers.
y Judge Yates. oi counsel for his brother the
4 addressed The board ~ some length with mucl
i feehng ana denounced In severe terms til
. proposition to dismiss these men without
! Lieut.. Gov Dorsheimer SAID that It was no
l. ! his intention to condemn these men by remoN
!. Ing them. lite thought they had become 50 Ia
4 VOWED, guilt or innocent, a. TO make II neces
= sary for the board To remove them. This th
board h = power to do,
:; Mr.. Hamilton IL lrrs, OF counsel FOR the engi
I neers. said that the trial referred to did not II
). vUlye these gentlemen. There were no charge
. III ide against them. lhey were against othe
10 parties. Inc point was that this bOhrd mad IN
, vi ed taese men to come here and defend them
y, selves against ch rges made against them b
y third parties, aud TO adopt this resolution wOul
Il ne 4 nply condemna ion Of them without th
| hearing rendered them. lie was satishe
: that they could prove their innocence
x accorded this hearing, and he hoped, IN iairnes
~ IL would be gwen them.
ID Lieut.-Gov D1nueimer-well. l will will
draw my resolution.
- Attorney. General Pratt-So will !, then.
Considerable cOnyers ton was then had "a
the whom and how the InvestigatiOn should pr,
At coed. when IL WAS finally determined tO hay
re witnesses examined, instead Of reading the
;, testimony as given before the investigatiu
is committee, and that tire investigation shOul
ia commence on Monday next. at L. VI.
Lieut.. GOV. Dorsheimer reported la favor
W suspending the work In Black Rock hMbo
rc which was agreed to.