The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-10-21


and paid under the administration Of BLACK In
1903, and II was never hoard from for almost nve
years cuNNsKS mad To 70 back that far to &c,
case; but the statutes as they existed then. made
It the duty of the state TO pay that claim. and II
never came directly beD,re the canal Board in the
world"
Not word from MIR. BLACK about the
honesty or dishonesty of the original
claim; merely the statute Of limitations.
1t was paid under the Black administra-
ton because the State had to pay 1t
whether or no. There was no subse-
quent opportunity to recover. The
item Of rock pay for dirt never came
directly before the Canal Board 'in the
world"
We are compelled to wonder how far
this astonishing plea will increase the
esteem in which Mrs. HANNAH ELIAS
and other clients hold Mr.. BLACKS pro-
fessional ability.
The question of the honesty or fraud
ulency of the Furnaceville item did come
directly before the Canal Board "in the
world, Mr.. BLACK to the contrary not
withstanding. 1t came before the Canal
Board of 1902 under the circumstances
so clearly recited by Mr.. CUNNEEN:
Whom the old Canal Board OF 1902 was hearing
the claim OF the Furnaoevie Iron Company two
biologists were employed on the part Of the State
to go over the spoil banks and examine the sub
stance which had been eScavated. and they came
upon the stand before the old board and testified
that they were unable to testify that any OF the
excavated matter was hard pan. The present
State Engineer and Surveyor, who was superin-
tendent for the Furnacevtlle Iron Company while
the work going on. was a witness for that
company upon the hearing OF the claim before
the Canal Board. and when he was asked about the
delay In ieclass alton he said In substance that
they were waiting for the frost to gp out OF the
cavated matter: that so long as II was frozen they
could not tell whether 1t was rock or earth"
And under the circumstances admitted
even in Justice MILLER's statement Of
proceedings in the Canal Board Of 1902:
The board Informed the attorneys for the
claimant that unless the matter Of Redistribution
could be satisfactorily explained the board pould
deduct from the amounts due such, sums as had been
heretofore paid the claimant as'the result OF such
reeidssfnediion"
And again when the question was re-
opened before the Canal Board of I903,
in the final adjustment with the Furnnoe-
vile Iron Company. 1t was then that
Mr.. CUNNEEN produced his twelve wit
nesses to the soft character of the stuff
excavated and paid for, under the ad-
ministration of BLACK as Mr.. BLACK
hastens to explain, at the rock nate of a
dollar cubic yard as hard pan," in
stead of the dirt rate of twenty-eght
cents as dirt. 1t was then that there was
again an opportunity to deduct from the
amounts due such sums as had been
Heretofore paid the claimant as the
result of such Redistribution 1t was
then that the case was decided for Fur
naceville and against the State by the vote
of the Hon. FRANK WAYLAND HIGaINs.
No matter how Mr. MILLER and the other
members OF the Odell board had voted,
the single vote Of Mr.. FRANK WAYLANp
HIGaINs. reinforcing the honest vote Of
JOHN CuNNEEN would have stopped the
steal and forced the restitution Of the
$3.50 paid to Furnaceville in BLACKS
administration under false classffca-
ton of the material.
The people know this now pretty
generally throughout the State. Elec-
ton day is coming. We have an i'm
preston that Furnacewille will be re-
membered on Nov. 8. The voters will
remember Furnacevilla they will re-
member ODELL, they will remember
ODELL's friend HARTMAN, and they will
remember ODELL's candbdate,HIGGIN