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

He shows That Comptroller Miller Himself
Moved 10 Reopen the Case After the
Former Canal Board, Of which Miller
Was Member. Had Rejected the
$4,000 Item, and That Miller, After
Voting to Reject II, Had Voted to
allow ia Deliberate Fraud on the
state. Says Cunneen-He Also Shows
THAT Odeliism Means Graft as Well
as Public waste and Extravaganza.
BUFFALO, Oct. 2.-Attorney- General John
Cunreen addressed the great mass meet
ing Of Democrats and Independents in this
city tonight in reply to Justice Miller's
defence of the Canal Board in awarding
upward of $4,000 extra to the Furnace
vile Iron Company for excavating rock
where no rock existed in their contract for
work done in the 100000 canal improve
rent. Mr.. Cunneen said:
Attorney.General Cunneen's Reply to
Justice Miller.
went to the Attorney Generals office
after thirty years Of intercourse with pri-
vate clients with habit which had grown
out OF all that experience Of guardin
tacredly the secrets Of my clients. r he
Jaw makes the Acknowledgement the Gov
ernor's counsel and counsel to all the State
officers. Perhaps 1t was an erroneous
notion; may have been influenced too
much by the habit to which have referred
At all events, ] concluded that the relations
between myself and my associate officers
should be regarded as confidential: that
the public interests were best subseryed
by 80 treating them. / neither discussed
In private conversation nor in the news
papers the opinions l gave to my fellow
officers for their guidance in official con-
duct.
Over 1900 bills which had been passed
by the Legislature were submitted to me
by the Governor for my opinion as to
whether the enactment was authorized
under the Constitution and as to whether
each bill was in proper form; but never
for my opinion concerning the merits of the
proposed legislation / gave opinion as
"a to all these, but never in single instance
disclosed to any one what that opinion
was until the Governor first made 1t pubic
or authorized me to do 80. In the boards
Of which am a member have performed
my duty as best could The meetings
Of those bodies are public, and their pro-
ceedings are published in the newspapers
When I found 1t necessary to differ wit
my associates 1 did so. but / never felt
called upon to air these differences in the
newspaper, to make any cutlery or to
attract public attention to what believed
to he proper conduct on my part in the
matter.
CHALLENGED TO TELL WHAT HE KNEW.
At the recent Democratic State Conven-
ton some strong words were used in refer
ring to Gov. Odcll and his administration.
II was charged, at least in effect, that public
money has been diverted to private profit.
Trereupon the Buffalo Neus called upon me,
in big black letters, printed in a conspicu-
crs rart Of it's first page for several days.
10 tell il | knew Of a single instance
in which public revenue ia diverted to
private profit" An interview with the
Governor was made public, in which he used
language Of similar import, and few days
later tie following public interview with the
Governor appeared:
In his statement of Friday night the Gov
ernor asked why Attorney-General Cunneen
had not instituted proceedings. II all the
charges Of graft were true
lie was asked last night how the Attorney
General could act. IL no charges had been
brought before him.
4 refer to the legislative bills" the Gov
ernnr replied; 81 was guided entirely by his
ad.t.e unun every bill sent to ne by the leg
stature"
The Governor thus sought to maxi me
me responsible for every bill which he had
approved during my term Of office. Then
all the great and small Republican news
papers began to call upon me to tell all
knew about diversions Of public revenue
to private profit"
told some things ] knew, and
because Gid 30 now read, in the Buffalo
Nevs, that my conduct Is Of piece with the
general plan Of the Democratic manage
ment to run a dirty campaign; and in the
Commercial have betrayed the Governors
confidence.
THE CHALLENGE ACCEPTED.
think you will agree W it'll me that it
Is hard to please these newspapers. / told
how the Republican members OF the Canal
Board, including the present candidate
OF that party for Governor. had, against
my protest, diverted tls,6is Of public rev.
enue to the private profit OF the Furnace
vile Iron Company on fraudulent pre-
text that earth was rock: / told h ow
the Legislature had passed and tho
Governor had approved, against my
opinion, laws diverting about 500, 900
worth Of public revenue to the private
profit of beet sugar corporations; / told
now tn" Legislature had passed, and the
Governor had approved, against my advice,
bill which levies over S37 900 upon the tax
payers of the towns OF this State, to pay a
Republican State committeeman his own
prce fora book which these officers did not
ouy and did not need; / told how the Lsgis-
AZURE had at its last session passed, and
the Governor had approved, bill creating
Unnecessary officers with exorbtant sal
anes and allowances in lieu OF expenses;
no" the Governor had appointed these
omcers to these places when there was
nothing for them to do, and how, in the
eaerl lHe OF his discretion, he had fixed their
salarles and allowances at the largest
amounts that he possibly could Ak them,
mo mus diverted about SOS 900 a year Of
w public money to the private profit
OF Us officials
There are few other things can tell,
COufin nod ~. Ga~aaA Danr