The New York herald., 1876-03-04

Assembly yesterday report setting forth the origin
alton growth and progress Of the canal system, and
in summing up classify the various forms OF mis-
management neglect, fraud and malfeasance as fol-
lows
l. The approval liberation OF unbalanced bids"
already explained.
2 Improper action OF commissioners in making new
contracts. and extending or cancelng old ones
3 Wrongful construction OF contracts adversely TO
the interests OF the State, for the benefit Of con-
tractora
T. Blind, hasty or corrupt legislation in making ap-
proprations for repairs, claims and awards
Neglect OF engineers TO make true estimates, and
connYance with bidders contractors in making false
ones
q Carelessness or neglect on the part OF the Canal
Board In ascertainng whether proposed work has
proper legal sanction.
I. Appropriation OF property OF the State by con-
tractors or by superintendents
s. Approval by supernendents, OF bad or worthless
work.
. Wrongful or careless awards by canal appraisers
TO- The legal fiction OF 'cxtraOrdinary repairs,n
which misslaes matter OF fact mlseads essivo
legislatures and prevents the completion Of the
largement while attempting Il by inareciion.
IL The lack of responsibility on the part OF canal
officers, owing to n defective system OF subdividng
duties which renders 1t difficult to hold wrongdocr
strict account
The report concludes with the following suggestions
OF
1t remains only to indicate what seem to your COM
mtee TO be the proper remedies for tho various forms
of msmanagement and abuse.
In the first place offenders against the laws rs they
at present exist should be prosecuted with prompt vgor
in the courts, ana such punishment meted out TO them
as their offences deserve. This is duty mperativeiy
incumbent upon the law officers OF the State
But the abuses will not be entirely eradicated IL
all such prosecutions should be successful The
stitutional amendments above alluded to have now in
terposed check to the repetition OF many OF tho evils
which have been during the past year. tho
and the laws both still need amendment
in important features In their former report
your committee made several recommendations in re-
gard to the legislative action that seemed them de-
srable and necessary. The additional light thrown
upon the subject by the testimony herewith submitted,
serves not only TO confirm their necessity but TO sug
gest some new ones. Your committee accordingly
recommend -
l. That the amendment to the constitution providing
for placing the supervision and management Of the ca
nails under a definite responsible head, should be
adopted. This amendment, substituting superntcn-
dent of public works for the cumbrous and complex
machinery OF commissioners and boards. has already
received the necessary approval OF the Legislature,
and provision only required for It's submission the
people at the general election November. Tho abo-
lton OF unnecessary officers, and the consequent
cenlraton of responsibility is OF the painest teach
ings OF experience In the history OF the canals Pre-
vious steps have from time TO time been taken in tho
same direction and with advantage TO the State Not
only VIII needless expense be thus cut OIL but
portant safeguard against fraud will be secured. The
first step toward preventing mismanagcmcnt is TO def
. That there should be reorganization OF the
engineering force the canals by which division resi-
dent and assistant engineers shall all be rendered
countabe common head, vested with power OF APP
poinment and removal, and responsible for any NAL
ieasance that may then occur in that department
g. That the Law Of 1862 under which has grown up
the system of extraordinary repairs should be re-
pealed essentially modified.
l. That appropriations should be made for that
class OF repairs unless they are shown to be absolutely
essential to the navigation OF the canals, nor until
their extent and cost asccrtained and definitely
fixed
8 That nc appropriation should be made for the cx-
tension continuance of contracts beyond their stipu
lated terms, nor in payments for ects performed with
out previous sanction of law
6. That legislative appropriations being made for a
distinctly stated purpose should DC applied that pur
pose alone and their transfer TO any other should be
forbidden by law.
I. That to prevent "unbalanced bids" the prellmi-
nary estimates and quantity sheet tor contemplated
work should not be disclosed TO bidders in advance.
statement of the kinds of work and material required
and the place where needed is sufficient basis hon
bids, and there is occasion offer for
honest ones, and estimates should be- much
s. That it, Notwithstanding this precauton 'uu-
balanced bids arc offered the contractr. officers of the
State should he authorized and required by law TO
throw them out not conforming to the true intent
and meaning OF section Of article OF the constitu
tton
o. That competition in bidding should not be con-
fined to small circle BY the requirement OF excessive
10 That every contract should be for n definite and
specific amount of materials and labor When It's
terms are complied with and payment is made the
tract should be closed. Any continuance Of the work
TO which applied shopld be made the basis OF new
letting
IL. That provision should be made by law for the
better protection of the interests OF the State in max
ing awards for canal damages. Claims should be re-
quircd be presented and examined before an open
court in which the rights and interests Of the State
will be vgIlanty cared for those OF the claimant
T. That the allowance OF interest upon canal claims
against the State from the time when the alleged dam
age occurred and before its extent adjudcated is
contrary to the spirit OF our laws and to the practice OF
government in regard to other claims Upon all
private contracts the statute of limitations bars the
undue accumulation OF interest But the testimony
shows canal claims, cxorbitant at tho outset al
lowed by this process double themselves The prac
ticc should be at and henceforth forbidden by
law
If the cases by which awards made by the canal
appraisers, as shown by the foregoing table,
had been heard IN open court with re-
sponsibc lawyer appearing for the State and
possessing facilities Tor the investigation OF
the facts and substantially defending the interests
of the State have doubt Judging from the midi
cations gwen us by the examinations made OF
of the claims, that the total amount of the awards
would have been very largely reduced, as already
stated
Thus believing. the committee would recommend the
establishment OF court of claims. not alone for canal
but for all claims that may be made against the State
with proper limitations; and always provided that
judgment should ever bo against tho State unless
upon similar facts judgment would be given against
individual in court OF Law. Ii is believed that the
cost OF such n court would not be greater than tho
Canal Appraisers Department has been.