The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-10-13
CUNNEEN REPLIES.
Continued from First Page.

that the item OF SiS,6ls was allowed to the
Furnaceville Iron Company. He said
Mr. 81 s So.l nf sc
the others. as ! understand. voting for its
payment perhaps not entirely sna antr ths
for losses that had occurred by reason OF the
failure Of the State TO permit the contrascton
to continue his work. TINS Is oiteh oohe
In business matters.
The independent press Of the State pointed
to the fact that no moral or legal right
existed to pay public money to q private
corporation on q mere pretext that any
thing was owing to the Eurnaceville Iron
to permit the contractor to continue ms
work. 'but that payment on that account
should not be made on the pretext that
earth was rock
JUSTICE MILLER PUTS HIS FOOT IN 1T.
After this criticism had extended over
the State and it's correctness was ac-
knowledged by all proper thinking people
the discussion. He was Comptroller and
member OF the Canal Board when the claim
of the Furnaceville Iron Company was
passed upon. He voted In favor OF the COM
pany for the prospective profits TO which
Gov. .Odell alluded and for the allowance
Of ,81s also. ,
AZ to the item Of Sls,els, Judge Miller
Gays: THE fact Ia. no such item was con-
tanned In the claim Of the Furnacevile
Iron Company, no such item was rejected
by the board and no such item was allowed
by the succeeding board
Thus we have the Governor admitting
that the item was claimed and allowed
but really on account OF prospective prohts
and the Judge denying that the item ex,
listed. Our friends should get together and
specifically mentioned and specifically
claimed in the declaration filed by the Fur,
naceville Iron Company with the Canal
Board, but the consideration Of the item
was necessarily involved in the claim which
they made, and distinctly passed upon by
the Canal Board.
The official minutes OF the proceedings
of the Canal Board on June I, 1903, will
show that / offered resolution: THAT
there be no allowance made for the ex-
cavation Of hard pan as rock, on Contract
No. o, western division, Erie Canal to the
in favor of the resolution. and that Mr..
Justice Miller and his Republican associ-
ates all voted against IL.
PURNACEvILLE CoMPANY's CONTRACTS.
The first step in the 1000, 900 canal inn
provement was taken by the engineers,
who went over the work and made the
necessary. tests, as they supposed. to enable
done in the course OF the improvement.
The quantity OF excavation and it's charac-
ter were estimated, and contractors were
invited to bid unit prices for which they
would do the work: 80 much yard for
excavating the earth, 30 much yard for
laying masonry, and so on.
The Furnaceville Iron Company was
awarded five contracts, covering about
thirty six miles OF canal, one OF these,
Contract No. Q, extending from Braleys
Bridge, in Orleans county, westward. for
about six miles. In their preliminary in
nin HiaNnvarad
rock to be excavated on Contract No. 0.
They estimated, no viewer, that there would
be about 1876 600 cubic yards Of earth ex-
cavation. The Furnaceville Iron Com
pany agreed to excavate this earth for %
cents a cubic yard. and the contract was
e1cavate this earth late in 1897, and they
continued their work until about the 18th
OF May, 1898, when the appropriation be-
came exhausted and the Superintendent OF
Public Works and the State Engineer and
Surveyor ordered the work discontinued.
The Canal Board was authorized to settle
with the Furnaceville Iron Company and
all other contractors.
SUPPLEMENTAL CONTRACT.
In the claim filed by the Furnaceville
Iron Company for settlement 1t alleged
that on April 20. 1894, four months after II
had executed it's contract and begun this
work. it entered into further agreement
concerning contract No. o with the State
Engineer and Surveyor and Superinten-
dent of Public Works. as follows:
Agreement between the state OF New York
and the Furnaceville Iron Company as to
R Rnrnsc e, lie from Company for extra WORK
to be done by them under their contract.
dated the Esd day Of
the Erie Canal from Braleys Bridge. DC.
After mentioning the territory and the
law under which the work was to be done,
II continued
II is hereby agreed that the following prices
shall be paid for the item herein mentioned
Dry excavation Of rock, per cubic yard. o.
1t will thus be seen that from the 2sd
day of September, 1897 to the 22d day Of
April, 1898, the only contract existing be-
tween the State of New York and the Fur
naceville Iron Company for excavation
tract No Q was one by which The company
agreed to excavate for 2s cents yard and
the State agreed to pay 20 cents yard,
Explanation of this supplemental contract
followed the signatures in the following
words, viz:
rock on the bidding sheet when this contract
was let. After the work on this contract
started. a great deal OF hard pan which would
Up to the LIST of May II 900 yards OF this ma
terial will have been taken out Asnear as can
be calculated. there will be about 10000 cubic
The price OF 81 per cubic yard has been Of
fered by the contractor for excavating this
material.
CHALLENGE TO JUDGE MILLER.
The supplemental contract and the ex-
PLANTATION OF the supplemental contract
are set out at length in the declaration
filed in support of it's claim by the Furnace
vile Iron Company. Judge Miller must
have forgotten that fact when he says
that there is no such item contained In the
claim of the Furnaceville Iron Company,
During the four months that this II 900
Yards OF earth was being excavated, there
was not a single reference made to the
fact that It was anything but earth, in any
estimate, field notes, cross section, weekly
report or other document on file in any
Of the departments in Albany. II Judge
Miller can find any such ! will publicly
apologize to him for oontradicting him on the
subject. II was not until after the stun had
been excavated and cast upon the banks of
the canal that any attempt was ever made
to classify another part OF ii as rock. Then
It was attempted to make a geological
separation, classifying part Of the excava-
ton material as earth and another part
as rock.
When the old Canal Board OF 1902 was
hearing the claim OF the Furnaceville Iron
Company, two geologists were employed
on the part Of the State to 60 over the spoil
banks and examine the substance which
had been excavated, and they came upon
the stand before the old board and testified
that thew were Unable to testify that any