The New York herald., 1875-08-17

point Impraeticahle In case from any accident the pro-
ected Improvement should not be completed before the
reopening oftho canal
No orders given TO delay this work until IT
could be crosssectoned TO confne within prudent
limits the stretch Of bench wall torn out On the day
the work opened Mr.. Seymour was absent from Utica
with Mr. Greene, the Deputy State Engineer but be-
fore going directed Mt oantwe, of his assistants,
TO run base line the whole length OF the work put
| In iron pins from which 10 cross section,
and to get as many cross sections as
the work Of tearing down tho wall commenced, and
during the second day sections taken
by Canwe but without any reference TO the base line
| OF which, indeed, record appears have been
made, or at least preserved Mr. Cantwe processes 20
have made one and lost it, A few sections wero
taken aer three fourths of the wall torn out but
| cured.
Tho first instruction which Mr.. Seymour received
| IN regard TO this work came from Resident En-
| gneer Babcock the day before the bonch walls were
torn down. directing him, not as nc should have dono
10 STOP Denson's men I'LL proper survey hau oecn
made but TO get many crosssectons as he could OF
the stretch OF the canal covered by the contract with
out interruptng the work OF demolition.
The mex: instructions were from Babcock and Yates
through in ScymourAs Office, TO use slate Tor
lining and live up specifications though the spec
ncaton required him TO use clean, hard gravel for
lining; also to estimate slate rock excavation at tho
same price MS rock blasted excavation though blast
ing done and the cost double the fair price for
Slate rock excavation.
Mr.. Seymour very properly declined to swear to est-
made such principles; the contractors com
planned, and thoreupon Mt Babcock gave him somo
lessons In tho art of measuring work canals He was
engineer had reported IT, though he knew by careful
measurement that II was but little more than half
that thickness; that oigit wall was better
than tecn-inch wall and hrialy that vertical wall
should be estimated to the contractor II excavation
had been made for 1t slopo of ono 10 ono, whether
the excavation actually made not and that tho
contractor to be paid both for excavation and en-
bankment regardless OF the pEhn provisions of the
tract to the contrary,
Mr. Seymour wishing TO be that he had not mis-
apprehended the directions of the resident engineer,
sent him notc TO ask if he had correctly understood
~
and cmbankment and whether made or not.
Mr. Babcock answered this letter. not in writing, but
by sending Mr.. w. s. Scott, 'who he represented as
having had large experience measurements of work Z"
He, said Mr.. Babcock, 'whn explain to you the do
tails of the work, method OF estimating SLOPE" &c.
This Mr. Scott was young man who, till he arrived
at Utica with this letter. had never done days work
measure this work to the satisfaction of tho
contractor his worry FIRST experience of
Babcocks instructions that within a month after his
transfer in April last, frcsn this Utica work TO Den
sons work at Port Schuyler treated of in our first re-
port he to false for labor and materials
OF the cash value, by his admission, OF $50S4 %
Your attention is invited to- the extract from his tes
mony. which is annexed.
with all Mr Scotts ass fstance Mr.. Seymour was
unable TO make Denison's work materials
any moro than he had arc ady reported. Mr. Babcock
insisted Mr. Seymour resis ed the withdrew
from the work and Mr.. Sey nour instructed go
and build up tho wall sufficiently for the purposes of
navigation, which he did. For the more detailed
count of these proceedings your attention is invited to
the annexed extracts from Mr.. seymours testimony.
submitted the Canal Board the following petition
from Mr. Dcnson, which refcrrcd to the Attorney
General and Canal Commis soner:-
@ hts % for % % w% SsnSes es the Eric
limits of the city Of Utica and for constructing vertical
eastward, &c for the follow ing rensohs
Tust-Therei is available appropriation from which
$ond~Thc ,ing can only be done
APRIL a. 1873. H. d. DENIsoN
Thus appears that IT, Is contractor after running up
bill against tho state amounting to $50 700 under
of S10617; aftcr bcnly credited with 5,3o4 yards of
worthless vertical WALL which will subject the State to
oundaton after pockc ing oSer $4,000 for work which
believe never d one; after tearing down mile
and half of wall bcnc nss for better purpose appar
entity than place TIN, State in his power has tho
erontcry the anal Board his contract
and assign cT his application that are If pos
siblc more fictitious tlinn his estimates.
We satisfied from the evidence that he wished to
have his contract cano cd not as he prctends because
the Appropriation was exhausted, but because he
required give the ST ate equivalent for what he
ccved from IT. bccaus his work chanced to under
the supervision of an ofcer whose mness and fidelity
in Honorable with the conduct OF his immediate
supcriors and coleag rendered further continuance
of his loprcdations NJ ,dcr that contract impossible
But there is fe; of this moro revolving
than any to which W have yet referred Mr.. Cantwel
tho engineer in chars before Mr Seymour, content
with work and every
monthly estimate flsa he made, Immediately previous
to his removal and after the manner Of the unjust
which showed only $40 yards of rock excavation, and
changed 1,450 cubic yards OF earth excavation, at
twenty-five cents the yard, into rock cutting at 81
yard This acrat ion OF his books and increase of his
estimate in favor the contractor made four years
after the work had been actually done and paid for
The original alo of $40 yards OF rock excavation
doubtless as fictitious the latter addition AS
sisted by three engineers, carefully tested all the
work included in this estimate at numerous stations
and found tn Of rock within two feet of canal
bottom, but did fl nd timber foundation which eectu-
ally excluded all presumption of rock excavation and
tla hQUin mir in
consummatcd in. crime, of over 81 O20 IL.
As TO the mo lives which mpelled Mr.. Cantwcll to
perpetrate this crime and the resident and division
ginecrs TO conrve at IT, we are not yet quite prepared
TO express op inion Had been permitted to ex-
plorc the books of Mcssrs Dcnison Beldcn Co. this
inquiry might n ave been greatly simplcd.
We should ai of our duty if VIC dismissed this sub
ect without der ouncing the ncXcusablc conduct both
of those who ad vsed and of those who to the
construction of the vertical wall provided by this
tract There prctext whatever for such an ex-
pcnsvo style ol structure There few houses Mt
end OF the work. but most Of is bounded by an
open common. for which docking privileges
trely unncceS sary.
The contrac provided only 500 linear feet of vcr
tca wall By the connivancc of the canal authorities
including tho then State Engineer, Mr.. Taylor resi-
dent of Utic who very shortly after the contract was
let became of the proprieors of the adjacent land
this wall extended along the entire length of his
property anil beyond, aggregate distance of over
mile Most pf the excess find built while Mr. Taylor
was himself State Engineer.
Upon this subject invite your attention to the tcs-
tmony xed Of Mr.. Seymour and of Mr.. William B.
Taylor.
it is difficult to regard this pretended Improvement
from any p lint of other than pronigate waste
Of the public money in the interest of knot OF land
spectators and awless canal officers and contractors
The part nos interested in this contract II. d.
Denison, ]. j. Belden and Meade Beden.
JOSEPH NJ BIGELOW,
d. MAGoNE, Jr., cor,,,s.,o,.-.
A. f. ORR NVnnissionerS
JOHN D. VAN BUREN,
ALRASr, August IL, 1875