The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-10-13

| Newspaper or BY any lawyer who has spoken
| upon the subject so far as ha,e been able
| to learn. I have been blamed, however,
Rochester because did not bring a suit to
prevent the payment Of this money to these
corporations, and the. gentleman was KIND
enough to cite a decision Of the Court OF
Appeals which establishes that u ! had
was a suit brought by Attorney. Generai
Barlow to restrain the payment OF money
under an unconstitutional statute. There
was no proof that the officers against whom
tention to violate their oatah OF Office or
| the Constitution OF the State, and the court
held that until such proof was made the
Law. would presume that the officers would
| be faithful. :,
Notwithstanding that the Legislature had
passed this bill and the Govern or had ap...
proved 1t In violation Of the Constitution It
remained as waste paper and ahoTded no
warrant or authority to any officer OF the
and take this money and deliver It to private
| corporations. l had no right TO presume
| that any officer OF the State would be guilty
| Of such conduct, and could not maintain
an action in a court Of equity to prevent
| officers from doing what l had no r1gnt
to assume they would do.
The Governor. regards this money as
having been paid to the farmers OF the
State. 1t seems that he regards the beet
sugar corporations. as benevolent insti.
buttons engaged in distributing money
to the farmers Of the State and tfat he
| gave them this money for that purpose
How much OF 1t has reached the farmers
have not ascertained.
THE HIGHWAY MANUAL DRAFT.
Concerning the highway manual bill,
] can command no words sufficient to ex-
press my contempt for the whole scheme.
| This bill authorized the Secretary OF state
to designate a person TO compile the high
way laws Of the State. 1t gave him power
to Ak the price OF each book at not to ex-
| coed 81, to distribute one copy OF the book
to each member OF the town board, to each
| highway commissioner and to each over.
seer OF highways in each OF the towns OF
the State. 1t assumes to make 1t the i'm
perative duty Of the town board OF each
town to audit and allow the compiler's
price Of not to exceed 81 copy for this
| book and that the amount be assessed
upon the taxpayers OF each town ! ~
The book was not needed. there was no
| public demand for 1t, IL was not ordered
by any town. 1t was onesided transaction,
| the whole business was transacted without
| the consent or cooperation OF the town
| officers Over $4,000 was thus authorized
and imposed upon the taxpayers of the
country towns Of the State, and the trans
action was solely for the benefit OF the
compiler. The Secretary Of State desig-
mated a member Of the Republican State
compiled; he is now engaged in distributing
them throughout the State, and in many
instances the town boards and the local
officers have refused to receive them, as
is contrary to those provisions Of the Con,
stitution which aim to secure the control
of local affairs to local authorities.
Concerning the necessity for this book Sec
ton IS OF the so-;a allied Armstrong HI b
Good Roads law, Chapter ii5, laws Of lses
| authorizes the State Engineer and Sur
veyor to prepare and distribute instructions
to town officers concerning the perform.
ance OF their duty In the maintenance OF
highways; The State Engineer and ana sur sur
conferred, has from time to time issued
seven different bulletins embodying the
highway laws statistics drawings, sugges-
tons OF various kinds and information in
tenance OF highways in this State. The
last such bulletin was issued in July, 1904,
| and is numbered seven. l now have II
before me, as well as copy Of the highway
manual prepared under the recent act q,
the best work Five copies of this have
been distributed gratutously to every
county supervisor OF the State. Copies
Of 1t have been distributed to every country
| newspaper in the State. These distributions
And thus it will be seen that there was
no possible reason or excuse for the act All.
thorizing the appointment OF a compiler OF
highway law and the distribution OF the
| volumes except to make job for Ne
| publican machine worker.
THE SOL 900 900 CANAL JOB.
The pc ople of this community are deeply
| intereste d in the work OF improving the
canals OF this State. They took an i'm
portant part in influencing the enactment
ing that this improvement be made at an
expense of not to exceed SOL 900 600. Inc
people OF this community are Interested
that this work be done as economically
and efficiently as possible. j am airald
that our Republican friends misapprehend
the purpose OF this statute: that they re-
gard it most for the offices and the salaries
which it affords. A single illustration to
prove this assertion:
At the last session OF the Legislature
| Senator Davis Of this county introduced
a bill authorizing the Governor to appoint
three appraisers, with power and authority
| to arrange with the owners voluntarily the
| price to be paid for lands to be taken in the
Davis's bill the salary was fixed at 5000
each. with necessary expenses. There was
no provision for a secretary or for any
other places than those which were neces-
sary in order to do the work. Assembly,
man Bostwck of New York introduced
another bill, which authorized the Governor
to appoint three appraisers, at salary TO
be fixed by him Of not to exceed IS 900 each,
| with an allowance to each to be fixed by
the Governor in lieu OF expenses OF not 10
exceed 81 500, and with power to appoint
secretary at salary Of not to exceed 5000
Both bills came to the Governor within
two days. Senator Daviss bill provided
for the maximum salaries Of $751; year
the necessary expenses would not agg regate
5000 a year besides. which would make
a probable expense Of not to exceed $4,000
a year. Bostwick's bill provided maxi
mum expense OF 325 900 year The Cover
nor vetoed the Davis bill and he signed the
Bostwick BILL the bill which created the
most expense to the State and the most
places for place holders. He then fixed
the salaries and allowances at the highest
amount that 1t was possible for him to
AZ under the statute. There was not a single
thing for those appraisers to do at that
time, and 30 far as have any knowledge
there has not been single piece Of property
appropriated from that day until this. and
only one piece Of property which these
appraisers could appraise. Yet the Cover
nor took pains to appoint and put them on
the pay roll at the earliest opportunity, and
am advised that the secretary. who has
never done DAYS work for the board, re-