New-York tribune., 1899-07-20
COT\SEL'S REPORT.
The report Of Messrs. Fox and Macfarlane is
as follows:


COUNSELS REPORT
The report Of Messrs Fox and Macfarlane is
as follows:
special counsel to assist the Attorney General in
the prosecution and trial OF any criminal pro-
bell ". Adams formerly State Engineer and Sur
or agSns P SgPTge w. Adrdge tormer
other persons concerned, as result of the report
Of the Canal Investigating Commission appointed
We have not undertaken any new investigation
OF the manner In which the Improvement Of deep
ening the Erie and other canals OF the State under
the acts, Chapters 49, Laws of 1895. and 7s4. Laws
OF 1886 has been performed; but have confined our
selves strictly TO careful examination Of the
testimony, reports and papers, above referred 10
and Of the vouchers ana other papers relating
thereto on file in the public departments, and to
NOR tIecIse ot pa i
Commission ana in their report, including per
sonal examination Of number of the engineers
who had charge OF parts OF the work done under
Whether the work which has actually been done
under the numerous contracts. made pursuant 70
the of 1895 and 1896 is OF good quality and In
are unable to say. The Investigating Commission
and their engineers specifically reported that they
had been all the work and had examined H.
and that on the whole the work that had ,eGe oeen
was JUSTIFIED or based upon necessarily hur-
ried examination and was too strongly stated. Is
something that should be determined by the state
departments, namely. those OF the state Engineer
and Of the superintendent OF Public Works. Nor
have We directed our attention IN any respect 70
the expenditure Of the large sums Of money an
nually Appropriated for the ordinary and ex-
The objects OF the most severe criticism by the
Canal Investigating Commission were: ....n .ho
| First-The lack Of correspondence betWeeh lIe
computations made from the preliminary survey
as stated in the bidding sneet5 dor OF
( BY the failure to prepare the speedihG%at3hs ed "a bs
preliminary survey what would be the definitions
Of rock and emb5nkment ,,,
the preliminary survey showed would be desirable
more nearly within the authorized expenditure
proposed work especially OF slope and vertical
Second-The classification OF rock under the pro-
visions Of the specifications Whcn dlrected M such
10 81 Pe I'M mace Tss9eni % an engineer cannot be
ploughed' and the methods OF measureneIll
adopted IN making the proportonate allowances
Third-The allowance Of an embankment price
terals were hauled more than one thousand feet
from the place Of excavation, either for use in the
work or TO be wasted on spoil bangs .-..
Fourth-The excessive number Of special agree
ments for extra work not Included In the contracts
provaI Of the Canal Board. as changes Of plan"
increasing the expense
NO CRIMINAL PROCEEDINGS
We have decided not to institute criminal pro
eeedngs & and snS Ia'e 6i al we bnk our conc
sons in respect the several subjects considered
W W" tbe General Considerations which necessarily
have Influenced US in deciding whether or not any
on tte the Evidence before US committed crimes
IL as alleged the State Engineer and his prin-
suficiently considering the form Of the specihca-
tons if the specifications were loosely drawn; II
the bidding sheets disclosed but imperfecuy the
quantity and nature Of the work that would actu-
ally be required II the ms OF Fuplic M
Works awarded contracts on such inadequate IS
Inmates: If methods Of classification and measure
skIied ENGINEERS were loose and extrava CANT: and
even If a disposition shown 70 exercise dis
trsctors AZ the expense of the State yet ii does
not necessarily follow that crime has been com
sqsh conduct aT0gses Suspicion as and demands in IN
cials concerned to removal from office and render
them the objects Of just public indignation. But
70 Justify a criminal prosecution. something more
is required than proof OF hasty caIIesuatons ig-
the work and errors Of Judgment In drawing the
specihca tions; while In respect 10 the exercise OF
Of rock and earth classification, it is obvious that
no criminal prosecution is really practicable with
thoritatve that the discretion not wisely
or properly exercised.
CLEAR PROOF NEEDED.
There should be reasonably clear PFoqt that in
The conduct OF the accused was determined by
some dishonest motive. or at least that the ac-
cused with fun knowledge OF the facts, deliberate
ly neglected TO perform some duty in the premises
enjoined upon him by law or dlsooeyed the posi-
tive commands OF some law relating TO MS oihcial
Our decision to institute no criminal prosecu-
opinion the officials charged with carrying out the
great work OF improving the canals nave done
Sunerintendsnt Of Public Works and the engineers
nv the contracts and statutes, pursuant 70 which
,Se work was done, were unduy great and have
been abused
GREAT DISCRETION ALLOWED.
In work Of such magnitude the most carefully
drawn statute must conhde much discretion 10
somahodv and II the of1clals In whom the con-
6dence is reposed without hdeity 10 their
dutiss thew can be guilty Of much misconduct
which does not amount 10 violation OF criminal
law. .,- - - -,h,,o o4ao,at -, .
charge of criminal viola tOn OF his duty Is necessary
,.beTe n s clear that crime has been committed by
Rim vet II should be undertaken on rumor or
suspicion or inadequate evidence IN 9eterence
eynerience has shown again and again that the
hroceedings Will not result in punishlng the sus-
ppected ofhcials but are more likely 70 bring the
Criminal law into contempt
ERRORS IN BIDDING SHEETS.
The evidence returned by the Investigating Com
-,tssion In respect 20 the lack OF correspondence
- many important items between the preliminary
ga ne quantities Of work shown by actual per
Sormance 10 have been necessary. may brieny be
I'M ca ssincaton OF hard pan rock the al
,ance ~ embankment prices for materials hauled
rDore than one thousand feet 10 Epou banks. the
decision that in many places the excavation from
IN sI' ,aargelv composed OF silt and other unit ma
so,,atse ~ the mistake in the calculations OF the
S,a, Engineer in respect 10 the quantities OF YER
,tcaI and slO1e wall when Woud os hesueu, I ug
~ ma unforeseen forms OF timber pilinS caused
hsse several items In actual performance 10 over
r,,n enormously the estimated guam ulIes -. -
IT, some extent the differences between me olu-
10 sSna.s 49, and the actual quantities OF work per-
1lr5 e5ns sd are due unforeseen condiuons OF tns
YORK especially TO the condition Oh eASiHs vans