The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-09-28
CUNNEEN REPLIES TO ODELL.
CITES CASES OF GRAFT-SAYS
HE COULDN'T PROSECUTE.
Acknowledgement Declares That the
Furnaceyille Iron Co. Got $4,000
Unlawfully, With the Governors Con-
sent-Loot I'm Barge Canal Jobs.

ALBANY, Sept. q. Attorney General John
Cunneen tonight issued an official type
written statement replying to the two
declarations given out by Governor Chair
man Odell from the Republican campaign
headquarters in New York city last week.
Since assuming the office OF Attorney
General, year ago last January. Mr.. Cum
neen has been oversensitive about answer
ing questions regarding matters OF State
policy IL such answers might seem to criti-
else any OF his brother State officers. In
fact, Mr., Cunneen has had an enlarged Idea
as to the courtesies due from one State
officer to another, and Governor Chairman
Odell has not hesitated to profit by this
attitude.
Now that Gov. Odell has by his def OF
last week opened the Attorney Generals
eyes to the real amenities of official and
political life, Mr.. Cunneen has determined
to take up the gauntlet thrown down by
Governor Chairman Odell and to speak with
out reserve.
WHY CCNNEEN DIDN'T PROSECUTE.
In his statement issued Tonight Mr..
C,mneen points out that District Attorneys,
and not the Attorney-General of the State,
conduct criminal prosecutions except where
the Attorney General is specially directed
by the Governor to do so and says that
Gov. Odell never has directed him to bring
any prosecution.
The Attorney General charges that sls,e1s
was filched from the State treasury in July,
1908, by the Furnaceville Iron Company of
Rochester which is owned and controlled
by Edward Ii. Hartman, who is referred to
as Governor-C chairman Odells personal
sriend and financial hacker.
Attorney General Cunneen points out
that Governor Chairman Odell is more dis
posed TO make the State serve his party
than to make his party serve the State, and
further on in referring to Governor-Chair-
man Odell's raids upon the barge canal
=,seney for the purpose of providing places
for political henchmen adds: Il begin to
think the Sl0l, 600 900 will not be sufficient
to pay the officeholders
Not the least interesting part OF Mr..
Cunneen's statement is his declaration that
he will continue to point out defects and
graft in the Odeli system of administer
ing the State Government.
This is the Attorney Generals statement:
MIR. Cunneen's statement.
First Of all, l did not write the Demo-
cratic State platform. None OF its pro-
visions was known TO me before II was
adopted by the convention. l have no
doubt that IL Gov. Odell will address himself
to the authors of that document they will
remind him of the facts on which its charges
are based.
l have attempted to DO faithful to the
State officers in counselling them as to their
powers and duties, as am required by law
to do. When they have ignored my advice
I haye iUpOral their conduct, The AttDr-
ney- General is their counsellor and the
instances are very rare indeed IN which
he has authority to prosecute them Tor
malfeasance or misfeasance l regret now
that Gov. Odell and his newspaper friends
have forced me to mako this statement.
Gov. -Odell Ia reported as having asked,
IL the perversion OF public funds about
which 80 much was said in the Democratic
platform has been going on at Albany,
during the last four years, what has the
Democratic Attorney-General been doing?
/ have been at Albany less than two
years. In that time l have repeatedly
advised Gov Odell that appropriations Of
public money made by the Legislature
were unauthorized by the Constitution, but
he has ignored my advice and given such
appropriations his approval.
BEET SUGAR SUBSIDY ILLEGAL.
The first notable instance was when
Chapter SIT of the Laws of 1908, entitled
An act making an appropriation 10 con-
tinue the promotion Of su gar beet culture
in accordance with the prov isions OF the
agricultural law" was submitted for my
opinion before Executive action. As to
this | advised the Governor as follows:
This bill assumes to appropriate $4,000 of
which the Commissioner Of Agriculture may
expend not exceeding $1,000 IN promoting
by instruct ion or otherw ise and encouraging
the proper and economic cultivation OF sugar
beets The remainder IS TO be paid 10 the
manufacturers of beet sugar in the state
on the beet sugar manufactured from boets
raised during the season Of 1905.
prst4 9I puTi iV E"os in ibis manner Wien
may we'll b. doubted Z; Cooley on Taxation,
page lis. II -"G.) th.lk that the proposed
t Si Z 70 tbs sI stete hSt ns S
the credit nor ne money of the State shall be
given or loaned to or in aid OF any associ ation.
corporation or private undertaking Tar
ticle VII, Section o..
? Notwithstanding this opinion the Gov
ernor approved the bill. he had approved
Q similar bill in 1902 Chapter 240) and
under these acts the Elm ghamton Beet Sugar
Company have been paid s2l ,7o5:T, the
Empire State Sugar Company s97 1852 %,
amounting in all to Si9,S67.S3 A similar
bill appropTiatrg $685. 900 Chapter 800 was
passed in 1904 and approved by Gov. Odell
contrary to my opinion.
am clearly OF the opinion that the pay
ment of this money to private enterprises
was illegal IL it il lawful to take money
out of the State Treasury and give ii TO
men because they produce beet sugar it
would be equally so to take out more money
aud give II to people who produce -four,
cigars, liquors, or any Of the other com
modities in which men deal. If this practice
Is to be upheld, ii will not be long before
every member OF the Legislature will have
friends engaged in some lauGable enter
prise which in his Judgment will deserve a
bounty.
The provision of the Constitution to
which brou ght the attention of the Gov
ernor was intended to guard against such
practices The Governor, however, against
my advice in several instances, has disre-
garded this safeguard
NOT ON ALL STATE BOARDS.
The Governor is also reported as ba Wing
said that Mr.. Cunneen lis a member OF
nearly all the State boards"
/ can scarcely believe that the Governor
made this statement, because 1t IL not the
fact. The boards and departments which
have spent most of the public moneys
have to do with prisons, charities, hospitals
and education. L have nothing to do with
any OF these, except Union College, the
Soldiers and Sailors Home at Bath and
the Society for the Reformation of Juve-
nile Delinquents on Randall's Island. I
am not aware OF any waste Of public money
by either OF these institutions
CASE OF GRAFT ON THE CANAL.
am a member of the canal board, and
very soon after entering upon the duties
OF my Office voted alone against the allow