New-York tribune., 1899-07-20
CANAL OFFICIALS ESCAPE.
M PROCEEDINGS CAN BE TAKEN
AGAINST ALDRIDGE OR ADAMS.
TIE SPECIAL COUNSEL FAIL TO FIND ANY
EVIDENCE OF FRAUD ON WHICH
PROSECUTIONS MAY BE BASED.

welt Wnen a CAnulOdle lot Governor In lSsiS
promised the voters of the State that If he
should be elected he would have a most thor
ough investigation made OF the conduct Of those
former State officers. George w Aldridge ex
superintendent Of Public Works. and Campbell
" Adams. ex-state Engineer. who had charge
O, the improvement Of the States canals un
der the S9oo0Oo0 Canal Appropriation act and
II there was any reason to think they had
wrongfully used the canal funds he would have
them prosecuted in he courts
This pledge the Governor has faithfully kent
In January last he appointed Austen G. Fox and
Wallace Macfarane special counsel to assist
the Attorney General in the prosecution and
trial Of any criminal proceedings which might
be instituted against the canal officials men
toned Mr.. Fox and Mr.. Macfarlane were
Democrats. This insured tha; they would NOT
shield the Republican officials concerned from,
any political motive, II they had committed anv
official fault. But Mr. Fox and Mr. Macfar-
lane were also we'll known lawyers of integrity
and nlgh ability. The Governor evidently felt
that the people Of the State as we'll as himself
could trust them to give an unbiased verdict
upon all the evidence regarding the manage
ment Of the States canals which might be pre-
sented 70 them.
Associated with Messrs. Fox and Macfarlane
was Benjamin G. Shove. Of Syracuse dis
tnguished lawyer Of that city who had been
selected by Theodore E. Hancock when the lat
ter was Attorney General to go over all the
evidence taken by the Canal Commission and
learn whether judicial proceedings should be
Instituted against any of the parties referred
to- in this evidence or in the Canal Commits
sion's report.
NO CRIMINAL EVIDENCE DISCOVERED
To-day Governor Roosevelt made public the
report Of Messrs. Fox and Macfarlane upon the
result Of their five months work and Attorney
General Davis at the same time gave out for
publication the report of Mr.. Shove to him on
the same subject Both reports agree and, as
already foreshadowed in The Tribune, these
lawyers are Of the opinion that there is no
evidence which would warrant them in proceed
ing criminally against the former State En-
sineer or the former Superintendent Of Public
Works Messrs. Fox and Macfarlane say, for
instance. in regard TO the evidence collected by
the Canal Commission in respect to the lack Of
correspondence in many important items be-
tween the preliminary survey of the canal i'm
provement work. the quantities stated in the
bidding sheet. and the quantities of work shown
by actual performance TO have been necessary:
We have not found sufficient evidence TO
justify charge Of conspiracy between the State
Engineer or his subOrdinates, the Superin-
tendent Of Public Works. or his subordinates.
and the contractors: evidence upon which
could justly be formulated any charge Of bad
faith. cOllusion corrupt motives in this pre-
lminary work
Nor in regard to further work by the Superin-
tendent Of Public Works and the State En-
gineer. in carrying out the plans for canal i'm
provements can these officials. in the opinion OF
Messrs Fox and Macfarlane, be charged with
ho1 r-hfc hon IA e
To a criminal prosecution. The Canal Commits
sion expressed the opinion that the States inter-
ests were not sufficiently well protected in the
classification Of earth and rock. declaring that
hard pan which could be ploughed was some
times classed rock Referring TO this
Messrs Fox and Macfarlane say;
We agree with the conclusion Of the (CanaD
Commission that the powers Of the resident
engineers In respect TO classifying hard pan were
exercised with great liberality in favor of the
contractors but the discretion is so broad and
the opportunity for conflict Of expert opinion 80
great that have concluded II is imprac-
tcable 10 prosecute any Of the parties concerned
in these classiflcations such evidence as we
have at our disposal
ENGINEERS PROTECTED FROM PRosECU-
TION.
Mr.. Shove. in his report. speaking on this same
subject Of rock excavation says:
engineers. making the classification, are pro-
tected from criminal prosecution by the speclh-
ations which substantially leave rock TO be de-
te~nined BY their opinion. We found no in
srances Of rock classification where We could
successfully prove that there was no basis what
ever for such classification. nor did we find any
evidence Of fraud cousion outside Of the
mere discretionary act of the classification it.
self We found no evidence Of criminal con-
spiracy 20 defraud the State. which, in the opin-
ION Of the special counsel and myself. would
4,7Qr ue n inSttuting criminal prosecution
therefor
Yet. nevertheless. Messrs. Fox and Macfarlane
take pains 10 say:
In some Of the contracts let in the fall OF 1896
and early in 1897. prima facie case OF "wilful
reglect'' or omission" to take the steps neces-
~ go ascertain with all practicable accu-
racv'' the Quantities OF work TO be done might
have been made out. but, as we shall show pres
entity. the Statute of Limitations has prevented
US from prosecuting ANYBODY Tor "lIIul neg
Iect or ''omission" OF that duty in respect to
those contracts
UNBALANCED BIDS.
Then referring TO the matter Of unbalanced
hide Nessrs Fox and Macfarlane say:
The three most conspicuous cases are contract
No on the Middle Division. the locality or
which was the city Of Utica; contract No. D, on
The Western Division near Rochester' ana con,
t-ac+ No s on the Eastern Division. located
near Waterford. So far as our functions are
concerned under our appointment nancy, 20
consider the criminal liability OF ths pubic ON
GERS who made these contracts and guided the
execution Of them, all the work preliminary 70
the letting and awarding OF these thres CON
trscts and Of all others let during the fall Of
1sq6 and the winter and spring Of 1897. is be-
1,o,d our control by reason Of the Statute or
t~nt.a,1a,s The Statute Of Limitations against
rnisdemeanors is now in this State reduced TO
two years from the time the crime was com
roiTted The work Of the State Engineer pre-
iir,irsr, r. the advertisement and award of the
contracts above mentioned. was completed early
IN the fall Of 1895 All the very heavy con
- -as.as. ersnicion and most severe criticism,
incl1ding Nos / to 5 on the Middle Division;
Nos j, and on the western t5e PlYision; 4.stsrn
Di,1isio1 we're LEI in the fall Of 1896. II.