The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-09-28


the engineer and part OF that which had
previously been classified as earth was
classified as rock, and the increasing COM
pensation resulting from this classification
amounted TO said sum Of $1S8lS
Il was very familiar with the section Of
the canal where the work was done. !!
knew there was no rock there, caused
the attendance before the canal board OF
twelve witnesses who had been employed
by the contractors on the work and each
Of whom testified that there was no rock
excayated. Notwithstanding these facts
my Republican associates on the canal
board all voted to allow the item, and /
alone voted against 1t. have no personal
knowledge as to who was concerned In this
claim or who were concerned in the sugar
side of the merits in each instance induce
the action taken by the State authorities.
subsequently, it was proposed by State
Comptroller Kelsey in the State Canal
Board to employ special counsel to examine
title to lands to be acquired in the barge
canal work. took decided ground against
this and 1t was dropped. This was several
months ago. There was no occasion to
examine titles then and there has been none
since then. .. -,p. v.,lr.f
These are the only instances that now
recall in which l deem it necessary to differ
with my ASSOCIATES on the Canal Board.
TO MAKE THE STATE SERVE PARTY.
"Ever since I have been in Albany, and
before, have been convinced that Gov.
Odel is more disposed to make the State
serve his party than to make his party
serve the State, that for this purpose offices
have been multiplied, salaries have been
increased, the term of Office has been ex-
tended and the administration OF the gov
eminent is becoming more and more by
special laws, under which the people are
more dependent for favor upon the party
in power than they would be under general
laws. Time and space will not admit OF
my now giving but few illustrations to
prove this fact. l have already referred
to the proposal to employ counsel for whom
there was nothing to do.
SALARIES BEYOND WHAT LAW ALLOWED.
A single other ulustration-the Legis-
lature last winter by a most extraordinary
act authorized tho Governor to appoint
three special examiners and appraisers
for the term of four years, whose duty
Board, to visit and inspect the property
appropriated for the use of the improved
canals, and provided that the compensa-
ton OF such examiners and appraisers
shall be fixed by the Governor at an amount
not exceeding the sum OF $1,000 per year,
and they shall be entitled to receive $500
in lieu Of expenses.
1t will be observed that the statute does
not provide that each shall receive sum
not exceeding 5000, but they shall re-
CelSe $o,OOO Wnlcn Woulu De quai 10 Sl,ooo.oo
each and $500 for expenses would be equal
to $3.50 SO each The statute would adj
nit of construction that the 5000 for
salary was to be apportioned and the $500
for expenses was to be apportioned.
The rule of law as stated by the Court OF
Appeals u.s.
If a statute which appropriates or au-
thorizes the appropriation Of money for the
PSySs Is indeiIats 50 that It + nnG certain
a larger or smaller sum to that purpose. the
doubt should be resolved by adopting the
other things Being equal. is superior to that
of an individual. 1850 n. Y. ZAP.
The Governor appointed three gentle
men, one of whom-George Bingham,
Republican henchman Of William G. Warren
of Buffalo-had been an appraiser in the
time at an annual salary OF 81 800,
and who seemed to be pleased with his
position and compensation Yet the Gov
ernor, on June II, 1904, addressed a COM
nunication to the Comptroller in the follow
ing words:
33S OF the Laws OF 1904. / have appointed q
board Of canal appraisers and have h1 ;sh
a ea psr snn These
ments were made by me on the goth day OF
April, 1904. the commissions being, signed
that date and the salaries should be paid
from that date,
The gentlemen appointed qualified on
the 9th day Of April, 1904, and appointed
a secretary at the annual salary of 5000.
NO WORK PoR NEW oFrIcEHoLpERs.
In my opinion the creation Of this board
was absolutely unnecessary. The work
could be done by the present State officials
and their assistants and the expense OF
and allowance for each Of
these appraisers by the Governor exceeds
the salary and allowance made to several
of the constitutional State officers elected
by the people 1t exceeds the salary OF
the special deputy engineer who is to be
in immediate charge of the work.
The Governor acted directly contrary
to the rule of law above quoted in fixing
their compensation. The board Of canal
appraisers had nothing to do when they
were appointed. They had nothing to do
a resolution in the Canal Board that they
be requested to make some tnvesti cation
as to the cost of acquiring lands believed
to be necessary for the barge canal work
in Oneida county.
Other officers have been brought into
existence by the Government antLeyisla-
ture for the purpose of experimenting
the construction Of the barge canal. The
salaries for such new officers amount to
50 Os3.3o a month, although no contract for
the work has yet been lot.
L
the barge canal and believe that 1t co uld be
done for $101 900 900, but if the business Ia
to be conducted as it has been since the
first Of January last, begin to think that
the SOL 900 coo will not be sufficient to pay
the place holders.
CORPORATIONS UNEvENLY TAXED.
As to conducting the Government under
special laws. ] will at this time refer more
10 laws imposing indirect taxes
on corporations. Under these, one corpor-
alton Is taxed on the basis of its income;
another on the basis Of value OF its property;
ore is subject to local taxation and another
il not; while still other corporations are
taxed upon the basis of income and of valu-
alton also. If the law imposing taxation
was uniform and treated all alike. there
would be no occasion for corporation tax
PAYERS to court the favor of the party in
power or seek the enactment of laws favor
able to themselves.
Again, as bearing upon the question of
public expense, the more complicated and
various the tax methods the more public
places and salaries are made available for
party workers.
just q word as to special laws for public
III community must have
a special law directing the construction OF
a bridge, dixie or similar Improvement, It
makes the community dependent upon the
Law makers or party in power, while if all
are treated alike and these improvement
are made under general laws, no 81
obligation would exist. 80
This is the reason why the Legislature is
prohibited by the Constitution from passing