New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-02-27

Tbs nTopositon was duly adopted by yeT Iy
large popular vote Chapter 70 was anenuru , ~, ~
some Of It's details. to make 1t conform NOR the
Is to the General Canal law OF me . s'a'' " wv
pIISssfer conditions have caused much discussion
to the person or persons VINO WI, y, he voted
for the suggestion Of fixing the amount 10 pe 'o'''
The report OF the Canal lnvestgatiiIn9 ns fo-
sion. in It's conclusions. finds substantially III 'o'
That the constitutional Convention In 1874 as l,
veyor furnished one: the figures given by MN "eI,
had 10 be made in a few days without oppol,
tunity to make surveys ana without mr. os,in",s
In tho records 20 give any accuracy 10 me
II was merely the best guess which the state in
gincer could give based upon such facts as lie h"u
The estimate OF the State Engineer furnisne,d
10 the Constitutional Convention dld not i IN o,
Include many items Of expense when ihe a0'""
condition of the canals made necessary , AZ,
| had nothing TO do with these prelinndry, w W
cussions as I not then in office but an t NE
facts seem TO warrant the cpnc'u h hi ~ the
instgation OF the various commerclaI oou,es III NC
State. sum more likely 10 De acc ,,ptoG tv
the taxpayers than the larger sum indicated ~
the State Engineer. The lmport9nt ques"GGhI sr o.
what that amount would accomplish was o's'e
After the ratification OF the project by the people
- torno a., enelneers in the Held engaged In
making surveys, maps. plans ana estlhlteI PA
paratory to the commencement OF the WORK anu
as rapidly as these plans. specifications ana est
mates could be prepared and adopted Dy lle N''"'
Board the work was advertised and let ny me: -
Work was progressed these several contracts
until the spring OF tho last year when IL became
apparent the same must be suspended N orGor
that the 10 per cent which had been earned uilaei
those contracts and retained by the state sho ~,
tractors whenever arrangements could be made ioF
the closing up and settlement o ,hnee Contracts
IS however an embarrassing question; ,,, ,bo cor-
There seem to be but four ways IN wr'cT vs. settled
by any authority. 20 wit: ,.o,o, ~ pub-
Frs-By direction of the SliperlnIsnieIhbb o1 r.
lie Works with the consent OF the ,llal bo a., ,1"
case :he contractor fails I'm fulhllng any Vi TIC
S:ord nv the direction Of the courts because OF
fraud in the securing and making OF the contract
,,anai Ronrd under the constitutional provision
when from Unforeseen cause the ter ins ~ ".'
con.ract shall prove to he unjust and Oppressive
Tourth-By tho approprla ton by ne LcgIalr,tt ~
Of such n sum OF money as VIII enaDie the "''N ~
proceed and be finished under them - r.
This latter way seems 10 be the only one now
onion 10 the state as | very seriously DOUBT me
ennii"afou 10 the Canal Board as IS required ~
the Constitution. or the ability OF ee Gai "a
would enable It legally act under tho cohS''u-
The cnntraciors claim that they have supplied
large and expensive plants ot mechahlSai, u'n ,l
especially adapted to the periorin4ncg vi ,tl Ios
unless they are permitted to use them Tor me bi
pose for which they We're arsiEtIrn' ,r III daragss
Will M ,,n,,e ~ nav for the completion OF the
nishlhe ,,lic,tion bv them for a cancca-
,icn Of their contracts might imperH their claims
TOT further and imperative reason why
money should he appropriated promptly by The Log
rontracts This arises from the fact that struct-
rrcs walls and embenkments are lert IN PAM, nii
I1.erra,Ion and destruction from tho action %
the clements and the hard usage inc''eH' u '''
The improvenont work was stopped suddenly ,na..
as canal navigation was about 10 De reSrtu coo
an,rg and was left I'm such IN unfinished stat,,
TIA, The resources OF the extraordinary repair t'nd
The utmost limit to enable navigation 20 De re"u'"eu
at all ,.. :. ..,s t,ovn that the fund for the
oo1n n1e,t -, me canals vas exhausted the hos
tWe noliiical press OF the state INDUCED N vi,
fur, 81 the fund by the State Engineer ana sur
vevor and the Superintendent OF Pubic W3rks' .1
Conscious os the rectitude OF our lnteh,'"its uia
smarting Under these constantly re9eaed charges
The state Engineer and myself united IN l ~ -,
lie wh our request Chapter = OF he Laws Of
iSaS VAS enacted providing :9r ne ornn %
Ator long Investigation report I % Wa 1Soe made 10
the chief Executive on date OF Jllv ~ ~ ~. o,,s
IN crrecf fha both tho state Enginecr and snrvsyor
and the suporintendent of puonc WT,NS son ma, avs
E, No cha rrc Vas made or minated that either
officer had perpetratef any ira"n'
JUDGE CoUNTRYMAN's REPORT.
,f,er tho report Of the Canal Investigating Com
rrission had been received by the Governor ne az
.,,.o1 tdoin Countryman as special counsel to
exomino the evidence taken before the Commission
g., ,I,o n,rnoso Of determining whether any judicial
,,rocoodngs civil or criminal. should be instituted
49,, bobaif Of the State against any party or puohc
oelcor interested or engaged in sucn improvements
and II 60 the nature OF the proceeding ana the pei
- or nersons against whom 1t should he com
menccd. .
On date Of November IS 1895 Mr.. Countryman
ei, his report with the Governor. In general terms
the findings of report in relation to the mead Oh
this Department we're mat the Xio,a,ions of
the slatu'.s a." trand Jurv for investigation
#
~ Pubiic Works in embarrassing position, p9-
Oh NY lint -cport implying that the supcrntend-
oa.,r en- rrsnonsibe for inadyertence or mistake on
the nart Of the State Engineer and surveyor IN
nrepaFnG maps plq o c,Ss con2acs or con-
s.ruct ION and liable 10 INDICTMENT or &c
or mistake Of an oficia; and department not under
HE control made it unsafe for the superintendent
OF Public Works to enter into any ,r rGrther . con
tcndcnt therefore bclevi.S that The best interests
OF the state well az oicia! proPrioy ca.eu !or
no1d h,m from duty until after the judicial inquiry
in question should iaks PlaGei ,h. rooucs, On De.
cerher . 1895 and directed the Attorney General
IN present ire case to the Grand Jury. Tho mat
ter "a now. understand H., In the hands OF me
General OF at least In the hands OF such
G2uEsc hs m nr pav il IL obvousIy improper
Tor mo 10 make any ex tended defence. That de-
prnpcr time During the pendency O: these charges
! simply ask that fair-minded men suspend judy
ment.
RECOMMENDATIONS FOR CANAL WORK
.Flrst-In view Of Judge Counuyman's construc-
,ion Of the canal statutes advise that the Attor-
ncy-General be directed to commence an action in
the Supreme Court for the abrogatlon Of such gen
eral Improvement contracts IA in said report are
claimed 10 be Illegal
The proper status OF these contracts VIII thus De
established and ;io proper proceedings OF the su-
uorntondcnt ~ Public Works and OF the Con-
troller will be thus smpllhed.
second-That the state Engineer be required by
ststutc 10 Insert IN all specification Tor puoHc
v,o-k = provisOn In Euust1nc" rs ioioWS.
THAT ia all cases whlr re pubic WoIk - pe4Hs
douo uide- !. contract. II the qu.ntiucs ot any
Nm NJ work SHALL be than - pr cent IN eN-
ga az the quantity contained IN his preliminary
climate nud ON which the proposals r'ctiNcd we're
N,sed ~. Surer!ntcudcrt Of Public Works may de-