New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-07-12
THE CANAL COMMISSION.
CONTRACTORS TO BE FORCED TO PRODUCE
THEIR BOOKS.


THEIR BOOKS.
THE INVESTIGATION IN REGARD TO THE D. NIsON
CONTRA rs-TIIE POWER OF THE COMMISSION
TO COMPEL THE PRODUCTION OF THE BOOKS
AND PAPEES TO BE TRIED IN THE COUETs-TIiE
DEPUTY ATTORNEY-GENERAL TO APPEAR FOR
TIE COMMISSION.
(FRoM REGULAR CORRESPONDENT OF THE TRIBUSE.l
ALBANY, July 1O.-1he Canal Commission, which
has been steadily taking testimony since June !,
had before it Friday the "a INST, Henry d. Den
son, one of the most extensive contractors on the
line of the canals in the state, and Tlos Gale, an
other contractor and sort of junior partner of the
general firm of Belden, Denison d Co. They ap-
peared in obedience to a simple request by telegraph
asking them to bring their books and papers con-
nectcd with the contract which the Commission had
been investigating. The two contractors, on their
appearance before the Commission, failed to pro-
duce their books and asked the privilege of counsel
Upon their plea that they unprepaTed to re-
spond to the demand Of the Commission at that time,
they granted until Thursday of last week. and
q subpoena formally served upon them requiring
them to produce on that day the papers and books
which had been demanded On Thursday they came
before the Commission again, accompanied by WIN.
{. Ruger of Syracuse counsel and again failed to
produce their papers. On application Of their coun-
sci, day more granted, in order that he
might have time to make affidavit i'll the matter On
the next day the affidavit, sworn to by Henry ID.
Denison, was produced stating substantially that
the witness had not now, and never had had, any
books papers containing accounts with the State
or any of its officials any account showing the
entire amount of materials furnished under the con-
tracts the State officials making all the
mcnts and estimates and filing up the drafts which
the contractor signs" The affidavit concludes by de-
carng that 'the only books kept by the firm
private books of account to regulate the transactions
OF our various firms a. between the several members
thereof and such individuals may have had
dealings with from time to time. and would respect
fully submit that ! am not called upon to produce
such books for the inspection of any persons what
sOever."
The issue being thus sharply drawn, the Commits
sion at once adjudged Mr. Denson III contempt, and
On further application of Mr. Ruger granted the wit
ness until Wednesday next to answer their demands,
or show cause why he should not be committed to
the common Jail of the County Of Albany for con-
tempt AT that time the question will probably come
before the courts when the Hon. Chas. S. Faircnd,
the Deputy Attorney General, will conduct the
for the State, the members of the Commission being
unwilling to have their labors of investigation dis
turbed by any collateral issues and having requested
him to take charge of this matter. The Commits
sioneIs have no doubt Of their legal right to have
the papers produced, and the AttOrncy-Gcneral has
further fortified their demand by an opinion, rem
dered verbally, upholding them. The report that
the Commission had adjourned until Wednes-
day is erroneous, the fact being that they have
had 10 adjournment at all, except for Sundays
and the Fourth of July, since they began taking tes-
timony a month and half ago, and have held daily
sessions from a. m. until p Ill. five days ont of
every week during that period