New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-05-15
THE FISH INQUIRY IN VAIN.
I'VE ASSEMBLY ADOPTS THE APPRoPRiA-
TToNs COMMITTEES REPORT ON
THE CEILING SCANDAL

rut VOTE A SUBSTANTIAL REFUSAL
10 urge THE PROSECUTION OF
sNA1rH, SULLIVAN AND ANDREWS
fsr TELEGRAPH TO TEE TaBuSE1
A,ssns. NAV 14.-when the able investigator COM
m,teo of which Hamilton Fish, ir, was me cns.fman
,,a rrpoyt % tho Assembly last week on the re-
-, - ss. ,nou,ry regarding the truth Of the rumors
49, az s,.,e vas defrauded by those who had charge
a ~ nan of the now ceiling for tho Assembly
chamber, they said; 49,. 49,. J.,
Oh. city OF Albany, Timothy j. Sullivan, another con-
TRACTOR. thon doing business IN the city OF Albany
and Charles B. Andrews, the superintendent OF fu0hc
buildings and as such State onieer, combined ana
consn,red together to procure from tho State con-
tract for the repairing Of the Assembly ceiling ana
shs rebuilding Of the Assembly staircase, at price
greatly In excess Of tho real Taiue On such WORK
N which tioy succeeded and by, means OF which they
have already received from the people OF the stste
of yew.Yorh the sum Of 1891 res %, and claim as
due TO one OF their number John snaith' tho rther
sum OF ESQ ose Of, sor work which, making liberal
allowance for contractors pront was nos worm MORO
than the sum Of s185 .ooo.S
In concluding their report the committee made the
following recommendation SWe also recommend nss
TIM httorDoy General should institute proceedings
asaint snaith, Sullivan and Andrews, and Snaith's
to recover the moneys OF which they have
despoiled the state, py sucn SPprOPE'e0 @~N"N" - 49,
may deem advisable"
This report and It's recommendation were rejected
by the Assembly to-day Attorney General Tabor was
thus deprived Of the strong position he would hoa IN
ths courts with Q commission from the Leslsia""f0
10 brhg to justice Whoever has defranded tho sa'e
IN the matter of the Assembly ceiling Yet It cannot
DO said that the action of the Assembly was altogether
n SURPRISE People who have noticed 7. J. Sullivan
IN the Capitol within the last two or three days have
suspected that this daring spirit would attempt TO
shield himself from attack by the Attorney
So also friends OF John snath, the other contractor
and Of Superintendent Andrews, fitted about ap-
paroptiy 90 gagged In some enterprise of moment
Political wires also, soon learned, were oeine
pulled for the defence Of suv an Snsith and Andrews
from prosecution by the Attorney General News
came from Brooklyn that Boss Mclaughlin had In
stueted the Democrats members from that city 10
oppose the adoption OF the Recommendation. Then "
was remembered that sullivan had had the sagacity
to select d. Cady Herriok the Democratic boss Of
Albany, as his sci. and that Mr. Herrick was an
intimate friend Of Boss" Mclaughlin. 1t was plain
therefore who pulling the wires In that direction
ON the Republican side of tho Assembly Chamber
. good many were obtained against tho report
Of Mr. Fish and his associates on the absurd ground
that Il adopted, the prior report on the same
Getting scandal made by Mr.. Ainsworth and his as
socates of the Appropriations Committee would there
fore be condemned"
Mr. HIT q Democrat of Albany County, who 10
especially Mr.. Herricks mouthpeco, opened the nj
tack on Mr. Fists report, which the latter had moved
shead DO adopted. Mr.. Httt sudseiousy argued that
there wss particle of evidence TO JUSTIFY most
Of the charges and conclusions OF the report he
was especially shocked by the Investigating Commit
tees idea that there had been conspiracy between
snalth, Sullivan and Andrews No Grand Jury, Ger
,aIny not that Of Albany County, could find an In
dictment on such evidence No one ever dreamed
that the Grand Jury of Albany County could be per
sundod to bring indie unent.
Attorney General Tsbor-perhaps Mr.. Hit is not
aware Of this fact-would go outside OF Albany Couny
10 secure such indictments.
Mr. Hit concluded his speeca by moving mat
the report OF the Appropriations Committee on The
ceiling scandal excepting that part Of II which refers
to Controncr wemple, should DO substituted Tor MT
Ffsh's report. Mr. Ainsworth's report It IS piain
was more acceptable to Mr. Hit, because Il did not
direct the Attorney to proceed against snah
Sullivan and Andrews for conspiracy, but merely
said that the Attorney General should compel them
10 perform specifically their contract
Mr. saxton at once Informed the Assembly mat an
action for specific performance Of contract 70 Greet
or slor building could not lie. In other words, the
ATTORNEY. could bring such action; or II
he did bring IT, Judge would give judgment 10 DIS
favor Mr. Hits proposition, in fact, was that the
contractors should be permitted to como back and DO
a little more work-enough 70 give them basis TO
claim the $40 600 which IS stu due them The
Fish committee, the other hand, would have he
Attorney General bring Snslth, Sullivan and Andrews
40 trial for con spirzcy, covering the whole work.
Tho Attorney General has confidence that Jury Woua
decide right In such a matter.
Mr. Hit then pressed his amendment 70 Mr.. Aims
uorth's report, exonerAting Controller Wempe rom
all blame in tie matter. Below Is the portion OF Mr.
Ainsworth's report which Mr. Hit wished expunsed
We arc of the opinion that the Controller Of the
s a. AMOUNT largely n sIssss d nat to which hs
entitled, by the terms of his agreement untn the
Is fs'S g al + Al asG Ss6 s'Ra
quircd By the contract
n q, ssid that fs amendment, exonersting Wenple,
was offered BY the plotters order TO get Democratic
roe. for Mr. Hits motion. The giving Of verdict
~ scouittai 10 wemplc, It might DO thought, would
,ave offended the Republicans who had been per
suaded TO vote for the Afnsvorth pporti out those
gentlemen would apparently swallow anything 10
day. ...
Mr.. Ainsvorth, as every one expected, supported
NJ, ,tt MS chief reason, apparently, being that he
tsoouht the Fish committee would win some glory
,hrir report was adopted. Mr. Ainsworth asssiied
ths Fish committee, speaking OF thef report N such
terms as @the poisoned venom OF these men, ne
Alluded 70 Mr.. Fish - the RepresentauVe rom
pufnsrns-sfter spologizing 10 Mr.. Fish for calling
-. q ~ ,v,scs nom Putnam and to tho House
sor eaIttae him the gentleman from Putnam" Inc
usxspapers, Mr.. Ainsworth SAID, bal done hin
sreyious injury and had accused him OF whtewashins
everything although they couldnt demonstrate VINO
had beon vhitewsshed. He didn't expect ever 70
ret even with the newspapers unless he should con
tract the smallpox and lie down with tho reporter
He claimed that the Appropriations comm'eo u
1885, Of which no was chairman had ei'Sn =,
charge Of the Assembly ceiling work because vi
promises Of patronage. Nj. Fish's committee COM
n,sined that they had not been able to 90 as mach
q they would have done If snalth had not bed. nr.
Atusworth had never boon able 10 make GOOD onck
hunting expedition with q brass band The Hsn
eoremistee had tried 10 ruin men. They had 'neo
10 ruin him; there had never been cruener pe'so'
cutson, The speaker bsd been sssailed Just a no
visa vpdaed. when, Of al times in the world he
shouId have beon treated with confederation hr.
Ainsworta went on 10 say that he had bcen accused
Of vhiewashng Speaker Cole. Then he had been