The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-09-29
CONNERN SHOWS MORE GRAFT
A BILL SIGNED BY ODELL THAT
CUNNEEN DISAPPROVED.


for an Oden state Committeeman.
ALBANY. Sept 20. Attorney General
Cunneen issued this statement tonight:
This morning have several letters
| from town officers and others stating that q
large number Of highway manuals are
being distributed to highway and town
| officers In this State which have not been
ordered. and asking me by what authority
1t Is being done and who Is expected to pay
for the books.
@The history OF this enterprise affords
another and an excellent illustration OF the
process Of perversion Of public funds
under the color OF law.
Last winter the Legislature passed q
bill which had been introduced by Senator
Raines, Of which made an analysis and
on which I expressed an opinion to the
Governor as follows:
Memorandum on Senate Bill Int. No. 52i.
Printed No. III. introduced by Mr.. Raines,
entitled
An Act to provide for the publication and
distribution OF a compilation OF the highway
laws. without expense to the State.
This bill authorizes the Secretary OF State
to designate a person. who Is to compile
and edit a manual OF the laws concerning
highways. He is authorized to publish
and distribute to each county clerk in the
State enough copies SO that the county clerk
may distribute one to each member OF a town
board. commissioner Of highways and over
seer Of highways within his county. The
expense OF all this is declared by the statute
to be town charge. to be levied by the
board of supervisors OF the county at its
next annual meeting" Such manuals shall
remain the property OF the town The cost
OF these manuals to the town is to be fixed
by the compiler. not exceeding one dollar
per copy. The expense OF distribution is
to be added. and this. too, is made town
charge.
The money, when collected from each town.
is to be applied. first. in paying the expense
OF distribution. and the remainder is 10 be
oiren TO the compiler and publisher Of the
work.
THE practical effect of all this lie to force
the towns Of the state to buy books with
out their consent: to fix the price without
their consent and to tax them to pay this
price without their consent. II this may
be done the right of localities to manage their
own affairs does not exist. The State Engi-
neer and Surveyor may be authorized by the
Legislature to designate some one to manu-
facture and sell road machines. to employ
the horses and drivers to operate the machines
and authorize the employee to audit his
ing goods to sell may avoid the trouble Of
consulting the purchaser and apply to the
Legislature. which has power to sell the
goods. fix the price and compel the town
to pay for them.
"In my judgment. this scheme is unauthor-
lied under the Constitution. which secures
to towns the right of self government and
the control and management Of their own
affairs. See opening paragraphs Of Judge
vanns opinion in special franchise cases
(l4 N. Y, 47J.
sAfterward the bill was recalled from
the Governor by the Legislature and
amended by inserting after the provision
that the cost Of the books at the price to be
fixed by the compiler shall be a town charge
the words and shall be audited and allowed
as other town charges at the next meeting
Of the town board The bill as thus
amended was again referred to me for ex-
animation and 1 reiterated my former
opinion and report. The Governor. never
theless, approved the bill and 1t became
Chapter $50 Of the Laws of 1904.
Subsequently Secretary OF State o Rrien
designated Charles H. Belts of Lyons to
compile the manual. Mr.. Belts is not
lawyer; his only qualification to do the
work Is that he is member Of the Repub-
lican State committee from the Thirty
first Congress district and a useful lieu
tenant OF Senator Raines.
1T appears that Mr.. Belts farmed out
the work Of compiling the manual to Messrs.
Gilbert and Cummings, attorneys Of Al
bany, n. Y. I am informed that he paid
them $500 for doing the work. He had
the book printed and bound in Rochester,
N. Y. His neighbors inform me that the
entire cost to him of the IS 900 copies is
in the neighborhood OF $l4. 900; that he
has fixed the price Of these books to the
town at 81 per copy, and that the job will
net him clean profit of 10000.
Il learn from WATERFOWL that the Clerk
Of Jefferson county has received 1000
copies of the books to be distributed pur-
suant to the statute in that county and |
the question is submitted to me whether |
the town officers and towns are obliged |
to take these books and pay for them:
which / expressed on the subject to the
Governor. It cannot be done. The Consti-
tuition of this State, which brings Governors |
and legislators into existence, has secured
to counties, cities and towns the right of
repeatedly reiterated by, the courts. The
Legislature cannot authorize one who
has goods to force them upon a town with
out It's consent. or compel the town to pay
for them the price whlch the seller may
Az. The process of political demoraliza-
ton in this State has not 30 far advanced
as to authorize any such conduct"
This and other graft legislation was
reviewed before the Democratic Lawyers
Club here tonight by Deputy Attorney
General Sanford T. Church, who Is a grand
son Of the late Chief Judge Of the Court
Of Appeals, Sanford E. Church. Deputy
Acknowledgement Church said this law
compelled Secretary Of State John F.
O'Brien to appoint a person to prepare
and publish a compilation of the highway
laws Of the State, and he appointed Republic
can State Committeeman Charles II. Belts
of Lyons, Wayne county, as such compiler.
He asserted:
This act was submitted to the law depart
ment of the State to pass upon it's constitu-
to obtain the approval which would make
on the subject, holding. that
the act was unconstitutional in that 1t was
in violation Of the principles OF home rule.
which lie at the very foundation OF our Gov
eminent. and upon which all our Sonstitu.
was no quibbling about II: IL was a plain,
declaration on the part OF
the State legal officer to the eject that the
right of local sef-government was violated
By the act In question, and that such act
was therefore Unconstitutional. With this