New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-04-08

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Wasson. The act of 1862 which authorized the
Canal Appraisers TO hear these claims provided that
they should award the damages in they found
the State was liable before the 31st of Deem
her. 1869. IA the testimony taken had been OF vast
amount, and the examinations had been concluded
only on December 49, at which time the counsel Cor
the State had not been able to prepare and submit
their points, and large amount Of the testimony
had not been written out by the stenographer, IL
was deemed by Appraiser Brooks utterly out OF the
question to undertake to comply with the terms of
| the law. lie very properly deemed it absurd to
attempt to pass upon and decide at6 cases
which had required four months OF diligent
/ labor for Investigation and involved aDstruse
questions of hydraulics ard points of law
Of no less difficulty, in the short space of twenty
four hours Accordingly he granted the application
made By the counsel for the State for an ADJOURN
ment until Jan. 10 for the above Lyons Falls
and until the 25th for the below the FAILS, IN
! order that the testimony might he examined and
4 points submitted in behalf of the State Counsel
for the claimants willing TO submit their cases
! without argument and insisted on an immediate
decision. They were well aware that two Of Die
Appraisers were in their favor. 1t WAS insisted by
judge Brooks that when he granted the application
of the counsel of the State Appraiser Brockway was
! present and made no objection but Mr.. Brockway
has always insisted that Judge Brooks was alone In
! the room.
Apr iIsER BEooKS's STATEMENT.
The following statements are extracted from No.
30 Of the Senate Documents of 1870 beng portion
Of an Official report made by Judge Brooks, aud
dated Feb. 49, 1870:
! On the 18th OF January Messrs. Rlodes, Brown ana
L a. counsel State mao The Appraisers
Office with points written our. All the APpFa'scrs
counsel that It might he dcalt 10 read tue pois ai
perhaps they had nctter ne printed. Elch OF 'hr Ap
Tie same day in the forenoon, two honorable s'na-
toIs called at Appraisers Ollie and male inquiry as
| rCmaining updcciod, al the AppnisIrs then being
present in their Office each payi1H teatiOn To the liz
sired list tried aud undecided was taken
down IN writing by Que OF tue Senators, APPRAISER
Brcckway furnishing most o, the Gats, a"d eacH knew
what h;nuDg the list OF cases 'nha I"thls.si
AS 10 how nng II youd take Appraisers. vita fea-
sOuu0e diligence. decide the cases AppF-iSeF 'foohs
replied frOm 80 TO co lays ana lLeh stIcu rs ~ -
PIE yiously associates, tnat hc Desired 10 TcIe
lroG tue AIpeaises 1ibsc ~ thc earnest Sls &C.
he aud expressed ms intention 10 "2 20 as oon 20
Back iIiyer" decided IL was lheh stated
TIA, the comn ioc the sitc until le 25.n 4 ia
nich 10 submit thtir poiHlo la "' . - .'A
| his presence aud tearing.
On lne OF uuary the undersigned aaEng hn1saed
the examination ~ number 0i cases. HhG ~iitt5u
therein, propos ed 10 A"praiseis bros ~Hy ana
min 'n1'' the ny BIack RIVER eases" IUp 10
tfs inOmy mad not been received fr IN the stou"-
crapAer H. then informed FOR the III 81 uue tbat
they (lesNs. s5rookway aud Wae'on) mad already &c
cid' them; the UDGcrSshcd c&rFcssc" W" astOn.sI
mcuJ t,at they should nave done 80, ana pio'tsFu
against irregular ana Illegal acoh; nc had ne yer
been REQUESTED ny iIcni, vE es'Vl ,Hri.' 10 " ,tt
them "a Such CIVILIZATIONS a!i hha hoD tn' u.s.
ntlnIatun they euier.aihrd the purpose OF oVE
rnso~ 1Iry rerc t. "on The JIs, Of DccomDtr;" TIE
unaers remarked tuai lie Anc" Appraiser "assoa
o. Deceuaner and therefore Aft WATSON could not have
uen drcideI tue c1scS. MI WaNon le]ol".,: mat nc
sso s,i the 1~aTS. ln O'"N 'e'0e 1t '' A
Va S.I ~ Of the awarss show tba over
ffts In
10y person outside o. the Appraisers olice and 3D.
posed 10 have been employed ny cll!hidhtS'
STATEMENTS OF liRSsRs. BRoCKwAY AID WATSON
On the 4th Of April, 1870. nearly two month. after
the report Of Judge Brooks was submitted hessis.
Broekway and WATSON submitted to tue Senate
reniy TO it. OF which the toowiugi is that part which
immediately relates 10 tie sta ements above quoted:
As he individual claims were heard from time -
time various places where the hearing were hd
clIilns. nearly all OF them were PROMPT ekni.rg
Items allowed. di5ailowed or iodined ana ne result
uoted ready I'LL Out ~ awards Accoi nlihy OF t"rm
IN tae Handwriting OF APPRAISER B.oo1S, a.
through the helIngS ne ldd deeG WIN tt' O'AeL AZ
praisrrs bot or them IN making MP tbese deca-
IONS w 10 he DAY the eVlc"hcc cOsei me uh"e
sgIed opposed he MguC dci Win ticHi ia Ei-s u!
ant signing tha formai awards according to these DC
Whea the evidence clos q, APIalstr bo3""
was Ia the room Win the counsel o hoth s"es
ed alone III assuming to adjourn e iHr'hsr H.
~ DeS Qua 49, n nl In o Ser ~ me nnGcr-
signed auihorz Il him before hanG 10 make any sHc"
P1P 49, ti, ri'nsei or rbe claimants nnth above
ara uelow the FaIs, protested against H. Claiming We
nre had enc c., iney zero cn.Ited to then ward
~. declsons ~ made. as above stated, c.c.
written 4 OF paper, Win lhc haiAe OF thc calm
ant aud pinned 10 TIE case. They wers * 'nlne" u
fne undersigned ocether. ana agreed to- Ia al CASTS
save perhaps ont-tne decisions ID Appraiser BfJ0kss
lgurcs adopted. Tdr awards were then siEiru ~
Hrn,aiscr Wassun. ana the clerk who rad been
pioyod to assist wrUg for the Appraisers was d
rcued ~ both he undersigned 10 Ill oLt the blank"
.o GG n' the ies fr were flied out exacy az
cOrlug directions, and wien So iled Out t"ey were
sigucd by Appraiser BrOckway and fled. The! were
all filed out. signed, and fled before the close of Dec
81 1869. -,,.,.--.-
Appraiser Brooks not consulted asked TO sign
tneu-l Because II was sGppCseG he world Iefue 0t
having assumed TO iur.hrr pCstiour he near
iug, aud having taken position o0Lteonistc 90 bis
as>Ocatos; p Because ;hc E1d, Tsi&ued hcheveG
they nad the power act without hn. and ubicr the
circumstances were iustit,d IN so doing.
THR AWARDS UPSET AND THE CLAIMS REHEARD.
IL Justice TO Appraiser Broclway it must be said
that his rcpntation as private citizen and public
nan has been excellent He resident of
Waterfowl witnessed the destruction caused by the
food i'll 1869 and undo ubcdiy believed that major
part OF the deSolaii0n tie consequence of The
shameful neglect Of ordinary precautions by the
canal officials He was firmly persuaded of the truth
of the wave" theory advanced by Mr. McElroy,
Prof Haswell Mr. McAlpine, and the other experts.
Nevertheless the so-caled awards of December 81,
1863 seem incapable Of defense and they were
promptly appealed from by the Canal Commission
ers The following set forth as the grounds of
the appeal:
Tie Canal Commissioners do hereby appeal from the
award in tins matter by Inc Canal Appraisers.
dated Dec 81 1863. give notice That the following
are the grounds OF this appeal, VIZ:
That sucl award Illegal ana invalid for the reason
that made before the family submitted
the APPRAISERS for taer decision aud ,or the reason
also that award made ~ Two of the Appraisers
without consultation with notice the other APP
and for tue iurihoF reason That tds SAID award
signed III blank by Appraiser W"sson, aud was
aftcrward filed up and signed ny Appraiser BrOckway
In the absence Of the other two Appraisers.
Dated roD ii, 1879.