New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-10-14
STATE CANAL BOARD.
YATES AND BABCoCK TO BE TRIED.


ASH TO BE RELEASED FROM THEIR CONTRACTS.
A1RANy. n Y. Oct. 13.-The Canal Board
mot TODAY nj 1880 q. m. Senator Bradley addressed
the Board calling attention to the falling down of the
state dock Corning Commissioner stroud replied that
II voud be repaired Il not that there is no money
available 10 DO with. Nr Bradley said that tae dock
- not repaired the water will rush through and do hun
Sreas Of thousands Of dollars damage. The Lieutenant
Governor said II there is money he could how
II could be done Mr. Bradley said there must be money
somewhere devote to this purpose The matter was
then referred the state Engineer Mr.. stroud pre-
.entd the petition Of H. d. DeuisOn for the cancellation
Of hi. the Oneida Lake Canal as the Auditor
has Informed him that there money to carry on the
work ON motion OF the Secretary OF state the petit
ton was referred to the Standing Committee on the sub
iect Another petition received from the same con
tractor his contract the Cayugs Lake Canal The
same reference made.
Petitions Of d. Corkins for the cancellation Of his
contracts for work west Lock 81 the Ere Canal
and a. Faton the Oswego Canal, were received Re
ferrcd.
The charges against Engineers Yates and Babcock were
called up
Treasurer Rainea offered the following preamble and
resolution
whereas The Constitution Of the State provides that
Art 3. See 80. tho powers and duties OF the respective
Boards and OF the several officers IN this article mem
oned shall he such as now ale OF hereafter may be pre-
Flereas Chapter p. Laws of lS4s in express terms
conferred upon the Canal Board the pewer OF appoint
nent removal 40 pleasure Of the engineers employed
% the canals and also authorized the Canal Board 10
prescribe and define their duties and gave 70 the state
Engineer and Canal Commissioner only the privilege OF
reporting - the Canal Board any fraud on the 5t ol
any engineer assistant and withheld from The officers
even the power OF iempoiy spt nslOn , S.G o. ,avs
Of $50. the legislature Withdrew from the Canal Board
Inc power appoint during lis pleasure and also the
authority 20 prescribe ana dc Inc the dueS Oh we IN
lneers Department. and az thC SAME Time conferred
T,ision with the concurrence Of the state Engineer
power % remove for cause any engineer einluEc1 or
such division, and also prescribed TIC me NOD by WcI
any engineer could be brought 10 trial before the tahu
FbcrcaS The Canal Bosri las no power under the
suspend any engineer and can remove theln
ouly upon CHARGES preferred 10y me COMMISSIONER III
Hhereas. Tie COMMISSIONS in special charg" OF the
reTred charges against nos suspended the DIVISION
Resident Engineer OF the Eastern Division Therefore.
Res0irfd. That TINS Board declares tHa u mas no yrs
di,uul TIE matter OF TIE alleged frauds OF ne Lnsl
neers on the Eastern division
A,torncy-Gcnerd Pratt said that that would make
short work Of g..
Lieut. Gov Dorsheimer said it would. II they agreed
T. the resolution but it would not lie done with his vote
lie inquired OF the Attorney General what his opinion
on the question
Attorney General Pratt said he had not examined the
question carefully. and declined to give a ruling Ire
proceedings thus far were not altogether regular
The Chairman put Il motion 10 lay the resolution on
the table, and declared it carried He then inquired
whether the engineers wished TO he tried separately or
together.
hr. Yates >dld ne would prefer a separate tildl
Treasurer Raines said before any proceedings were
tan there were Two important QucsOns to be decid"d
namely whether they had any jurisdiction Of tho Ua
tr and whether the Canal Board is responsible for the
acts Of the engineers for the past he moved
10 take the resolution from tie table. Carried
Canal Commissioner Stroud said he would Ike to have
the opinion Of the Atorncy-GeGeral on that subject
Attorney-General Pratt said he not prepared 10
give an opinion the matter hut II IL was referred to
him ne should Toe happy 10 examine the law and report
Treasurer Raines moved refer the resolution 10 the
Attorney for him 70 report at o'clock Car
lied.
A recess was taken tin O'Clock Upon rcassem5linr
Acknowledgement Pratt reported question of iurisdlc
ton raised Treasurer Rancs The Attorney
expressed the opinion that the Board had jurisdiction
Treasurer Rlines protested against the continuation OF
the proceedings in the manner which they had been
begun and argued the question ct Length He declared
that he would not The Board and iaa' part m pro-
ceednss which, % his mind clearly III violation Of
the statute.
Lleut-G Dorsheimer suggested that simple re-
moval OF these suspended officials might be al st was
necessary for the Board 90. The people prose
cutting them They are involved IN dis-raceul comhca-
tons and 1t the duty of the Board to remove them the
same a. If they guilty Of GaFraoeinl social Oheuss
rho same a. drunkenness He moved that John b. Yates
and stephen L. BabcOck be removed.
This motion gave 10 debate between the Treasurer
and Lieutenant Governor
Treasurer Raues moved a substitute a. follows;
Resoired That the Engineer and Commi>s oner IN
charge hereby requested to report TO TINS board WIN
reference the truth or fatY oi these cA Se7i ana IN
the time they remain suspended
This was lost by a vote Of one 20 SIX. The Attorney
General said that the complaint against these officers
was served and issued without any consultation with
him tie did not and could not take the Slaeinel.S
Of the Investigating Commission without e1aGu-
.tOu He called attention TO tie sixth report
Issued BY ne Commission. which the propo luOn Is
taken that ali work the fhamplainC ana required
new surveys maps. sc. Now, said ne there IS no law
for this at all. There statute requiring new sur
views ~ made. A. 20 the charges against tnesr en-
gneers. he thought ~ 70 more thaH AN '.i"t ~ @ M
ne gwen hearing. nc ihcitio'' III Nci ti i t' "'
suspended until brought before she courts III
yOlyus them. decided, anu IN the meantime the! IT,
treasurer Ranes war opposed 70 this.
Judge Yates. al counsel Tor Is brother adt ISIS" tAo
Board length. with much feeling, ana DENOUNCED
in s.vere terms the proposition 20 dismiss tEus- men
Lent Gov Dar-hoimer replied. insisting that it
NOT bis ifeufiou 10 condemn these men 0y removing
them lie Thought they had become 80 involved eiy
Innocent. 10 make IL necessary ioi the hO&4u 10
Nj Hamilton Harris OF counsel for the engineers. said
that TIE tr referred 20 did not involve these gentle
msu There are charges made against iBem' IAcy
against other persons. Inc point Wa', liit ,tHI7
board had invited these men 20 come here auA utiel1
themselves against charges maze at'hs, -, III p, ,r'
persons ana % adopt TINS resolution W"uIn n' r-l ts
condemnation Of them without the nearing leH1el'u
them He was satisfied they could prove thcH mAo-
Lieut--Gov Dorsheincr-We1 l VIII withdraw my
resolution.
IL wa finally determined bayc witnesses examined
instead ~ reading their testimony ~ gwen before me ~
ye.t.a,ine ontee and that the Investigation should
Lieut. Gov D5rsheincr reported in favor Of suspeadng
tie y0rl tIi BI.rk Rocs Harbur winch was agreed
The Board then al lOugned - Monday ncXi ~ g. n
cam FROM GIN BARLOW