New-York tribune., 1904-09-28
CUNNEEN TO 0DELL.
ADVICE IGNORED, He SAYS
attorney General Charges "Perrer-
sion of Public Funds.


State admins stration. tonight issued statement
in reply to the recently published challenge OF
Governor Odcll in which the latter was quoted as
having asked II the perveTsion OF pubic funus
about which much was said in the Democratic
platform. has been going at Albany during the
last four wears what has the Democratic attorney
general been doug?" and as having eHeged that
the attorney general lis member of nearly all
the State boards" Mr.. Cunnee7 says:
First of all. did not write the Democratic State
platform. None of it's provisions were known TO
me before il was adopted by the GonXentloh le ,
himself to the authors of that document, they VIII
remind him Of the facts on which its charges are
oHSeu'
OF his relations with Governor Odell and his asso-
ciato State officers. he said:
have attempted to be faithful to the State
officers in copnseliing them as to thelr PoWers dn
duties as am required by law to do When they
have ignored my advice have Ignored ther iSm
and the instances arc very rare indeed in which he
has authority to prosecute them for nalteasance or
his newspaper friends have forced me to make make
this statement have ave hefn bay at ADVISED
Governor odel thai appropriations Of pHoli moHSSS me-
constitution, but he ignored my advice. and given
: such appropriation his approval
Mr.. Cunncen cites the beet sugar bounty law as
the first notable instance in which Governor OHeh
ignored his advice. He says:
l advised the Governor as follows.
reteTefff m this TO ad% sf which may well be
doubted think that the proposed bill is CONTRARY
State that neither the credit nor the money of the
State shall be given or loaned to or IN ad Of any
association. corpoTatioc or private undertaking..
SUGAR COMPANIES GET aa,557,
p,SyeG ths b lie had ppProe6 is similar bin IN
1902 Chapter SiOl and under these acts the Bing-
7O0 q; the Empire State Sugar Company, 21,s62 o.
am9gntng IL ,s all all 70 $50! @ @ similar bill , az
and approved by Governor Odell. contrary TO my
/ am clearly of the opinion that the payment Of
this money to private enterprises was illegal II It
and give it 10 men because they produce beet
sugar. it would be equally SO to take out more
money and give it to people who produce hour.
cigars, liquors or any OF the other commodities IN
it win be long before every member Of the
legislature will have friends engaged in some laud-
The provision Of the constitution 70 which
10 guard against such practices. The Governor
has dsreGarded this safeguard.
The Governor Is also reported as having Sald @ that
boards. 7 can scarcely believe that the Governor
The boards and departments which have spent
most Of the public moneys have TO do with prisons
10 do with any OF these except Union College. the
Soldiers and Sailors Home al Bath. and the So
on Randars Island. am not aware Of any waste
Of public money by either OF these institutions.
am member OF ,he Canal Board: and very
soon after entering upon the duties Of my ONCE
voted alone against the allowance OF an item
claimed by the FurnaceyiIle Iron company for ex;
work Under the isGj6c55 appropristion / did this
because Of the following facts. 49,, .o,,-.
Canal Board. which disallowed this item The
granted on The rehearing It APPEARED that before
tho contract made the State engineers made
Therefore no provision was made for evoavatinE
rock either in the estlms To-. specifications OF con
excavation was ciassiicd hy the engineer in charge
the State Ief, the state service ana BECAME en-
ployes q the contractor on the work; ths, after,
ard he FfrrF - TOR Frn
tho contract by which the State agreed 70 pay
then a re>assihca,lon made by the engineer. and
part Of that which had previously been classified
amounted 10 said suu Of $ls6iS
ALONE VOTED AGAINST IT.
was very familiar with the section Of the canal
no rock there caused tho attendance before the
ployed BY the contractor the work. and each
of whom testified that there no rock excavated.
toeSa 6n ht G5ss RSsfa M M to allow
tho item. and alone voted against 4 have no
/ This claim. who concerned IN the sugar
companies what Influences. II any. outside Of
the merits in each instance induced the action
Subsequently it was proposed in the canal hoard
10 employ special counsel 20 examine title to lands
decided ground against ths, and it was dropped
This several months ago. Tier" was no oc-
none since hen Thee are the only instances that
now recall in which deemed ,i II necessary TO
have been convinced that Governor 1deIl is more
disposed 70 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
tended. and the administration Of the government
is becoming and more ly special laws under
which the people are more dependent for favor
upon the party in power than they would he under
Time and space viii not admit of my giving
but few illustrations To- prove this fact. have
an aare9oy 6 ,TnTrPed bere g was rohing to do single
of1 fVa4 lon.
"a most avtroordinary act authorized the Governor
70 appoint three special examiners and appraisers
for lie term of four years. whose duty II shall
e ,1Ser ttc direction OF the canal board to visit
"a se ut =, - w. 1rorcrty appropriated for the use
az the Improved canals. and provided that the
! compensation ~ such examiners and appraisers
sbaT he dxed nv the Governor at amount not
exceeding the sum OF 5000 per year ana they shall
II viii be observed that the statute does not
! provide that each shall receive a sum not ex-
ceedin. S 900 hut they shall receive 5000, which
penses would amount to 1888 30 each
! Tho statute would admit OF construction that
the g. oCO for salary 10 be apportioned and the
50 for expenses was 10 DC apporuohed The rule
OF law as stated by the Court of Appeals Is:
PUBLIC INTEREST COMES FIRST
rf statute which appropriates or authorizes the
To- a public officer employe is indefinite that it
is uncertain whether the legislature intended de-
6oubt should be resolved by adopting the smaller
amount. the interest Of the public other things
Ss"S Ss equal gu m Is superior to that OF a" individual
The Governor appointed three men. one OF whom
board for "A considerable time at annual salary
OF 81 700 and who seemed 10 he pleased with his
June IL 1894 addressed u communication the Con-
troller in the following words:
the Laws of 1904 have appointed n board of canal
CdmpafSn More.