New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-08-16
wall benches in the Erie Canal from the junction, &c.
stating all these different points A. No, sr

constructing slope, pavement and vertical wall and
strengthening the Erie Canal on the Eastern Division
O. DO you understand that you any authority to
change the line of the canal A. Not me individually.
q. Did yOu ever make map or survey or cause ~ 70
be made showing change In the line or the cana ne
A. Not an instrument survey.
Q. Do you know what you meant A. An ocular sur
@. DO you know such term an " ocular survey o.
@. Was there any survey made of this work OF the
work embraced in this letting by YOU or under your OIL
term you held object A. Not previous to the letting:
9. Was there ever any made that you know ON A.
After the work was commenced.
Q. have said the lines run in.
Question repeated. A. Before or after the letting
q. have not made any distinction. A. thiuK theIe
think lines were run in after the work was co-
menced.
lines to stake out the work there only construction
surveys made, stalking ont the work: 1900, .,.-
sonsl knowledgei A. To my personal knowiedsef
Q. You can't swear TO anything elsef A. can swear
O. Who did iti A. Mr.. Bect.
q Turn to the testimony of the man who had charge OF
the work. will read you what he says
Mr.. Magure--No: BabcOck. We will get at it thi.
made by anybodyi A. No. Sir
O. And have been none made that you know oi' A.
O. And the work has been, while in your charge as an
engineer in Immediate charge or as resident engineer
without any regard to any fixed plant A. Yes, SIR.
g And without any map OF What was TO oe oohe' OF
O. There record kept Of the changes mace, OF
data from which they he determined. according TO
O. Now that is the man who said he made the changes
A. These records which refer to the proceedings OF the
O. Yes. Sir A. In the state Engineers ofice.
q They require them TO he Med VIII req you th &c
ia the Division Engineers Office would probably swear
to good many things; should not think any different
@ readnow from section of chapter 377 Of the Laws
1s50 Before any work shall be ior on hE
In 1ls NJ lis Stafp
ascertain cause to be ascertancd with all pFactcDe
accuacy the qny Of O SmGa a ali a,s!sI
BIZ used and all other items of work to be
contract statement OF which togfiheT INV, Win adn af
by the Canal Board and on file in the oice o the Sate
LnmceT a r i Wnr Ie 70 E ct Ths quantity
exhibited shall be used in determining the value of the
propositions received" A. Won't you read back a zen
fcaticns what is the next thing after thai. plcasef
adopted by the canal Board and on fie "a the Office Of
the state Engineer and surveyor. shall he publicly ex
quantities 40 exhibited shall used in determining the
value of the propositions received and after the con
ties together with the maps, plans and spechcaios
and all other papers relating to the work advertised aud
which exhibited as aore.sd and are necessary to
identify the plan and extent OF the work So awarded
shall be flied in tho office Of the state En-
gneer and surveyor accompanied with the Ger
tifcates Of the Division or Eesdcnt Engineer
stating the time and place they exhibited
No adoed i ny the Cna Board and 50 eShted or
the plan any work under contract during It's proess
except by the consent and approval of the
ana the Division Engineer unless the description OF
such alteration and the approval thereof he reduced TO
ad copy thereof shall have been filed i'll the Office OF
the state Engineer and Surveyor" A That is in refer
eDce 10 the changer
O. Yes Sir; we don't hnd any change was made. A
No let ask you here, matter of fact haven't you
sner and passed upon by the canal Board here were
tanned in the Auditors Office 2
G. We have aecerained that that was the practice and
IL any had been submitted in this case he swears they
would be with the papers A. They would be ifthey mad
never been taken out. .
O. There is no play upon words that IL, we want to be
fair. A. don't accuse You OF being unfair always
have boon all right OF all wrong.
O. Now you-that paper being presented to You
the oath Of the engineer having been taken the state
Engineer and Surveyor and the Division Engineer whose
been donedOubt the correctness OF our concusioni A.
On the evidence you could not come 10 any other con
O. Let me show you what should appear in the Division
Engineers office are really looking here. MI Beach
for the truth and don't want man Of such prominence
in the State you out TO the world and
that doing our work unustly and unfairly, Wien
We know that should not be so accused a. apPie-
cate feelings aud you can for that very reason ap
O. We have no reason to believe feel think that
the members of the Canal Board ero9'co never did ex
anime expected TO examine as 10 these MAPS and
we supposed they were deceived, and that q map had
been presented them OF the canal and in that
they had been induced TO take that action and
in fact don't find that without sworn evidence
BY Mr. BghlOw-Q And it vas for the very reason
that your conclusions supposed TO have been made
in the report A noticed that and it was 80 easy to
infer
WHAT THE LAW REQUIRED.
BY Mr.. Wayne-Q. Treat us fairly supposed il the
certificate made under OATH that was the omission
OF gentlemen whose special duty 1t not and
omission and we didn't mean 10 say anything beyond
that but LET read from the Division Engineer The
estimates show with all practicable accuracy the
quality OF the several kinds and qualities Of work
respectively proposed to be included in the sec
tons and i'll the mechanical structures. The
maps to be exhibited at each letting shall be made
on scale Of eight chains 10 inch horizontal and
forty feet vertical and as uniform as the character OF
the work will admit said maps sdll show the location
Sna bSdsg s"t 10 be- Sye and also tie resye oe
ton OF the old and new canals when said lines
Tie profile must show The depth OF cutting 6lins
each station the location Of eSpis AMI mechanical
made to contractors relative the work to be let shall
be written in full upon the profile, and verbal
yioisy written out aforesaid The division engineer
shall. prior TO any letting, cause to be entered in
Of each item Of work proposed to included in
section and mechanical structure to be put under con
oIi nal mars plans, ard specifications with the blank
contracts and notices and estimates Of quantities exhib
ONCE Of Inc division Ersinecri a. That refers, sup
pose 10 construction contracts.
O. Yes, Sir; aud all contracts A. Does II refer To re-
q. The regulations made since by the Department au
h0rzes lake them A. There have been construction
wOrLs going Oh OIL the canal all the time.
q. You get my meaningi
Negotiations Of the Engineers Department handed TO
witness. ,
O. They are regulations made by the Legislature. after
fhc net declaring the Canals TO be ni she'd They
in force ~ this particular time speaking Of They
were led in January 1868 and have not been worked
AZ we understand il. Now let Ill your attention to
this particular letting A. Now you there
maps of the papers there don't You suppose would
have seen that the moment man handed II TO me- and
say Where is your map and your plan.
some EVIDENCE on Tracing BEFORE THE CANAL
BOARD.
We have some evidence that there was some tracing
handed up 70 your Board but that 1t not map and
didn't indicate any Of the cbanges-that whatever
nrenared WA from ocular observation instead OF an