New-York tribune., 1904-10-22
PROPERTY CONFISCATED
HouU Judge HerTick Worked the
Street Opening Game in AIbany.
LBY TELEGRAPH 10 THE TRIBUNE.I


Albany, Oct 2l.-"Politicians do not always
conduct the peoples affairs so that the peoples
money is allowed to float into their own pockets.
Under forms Of the law they waste the peoples
money for the enrichment Of their friends. and
do it in such a way that no one can be convicted
of crime"
Those are words D. Cady Herrick. Democratic
nominee for Governor. is credited with using at
Malone last night
Citizens Of Albany say that in certain in
stances, at least this is true and in ones OFF,
cial career is it more clearly demonstrated than
in Mr.. Herrick's when he was Corporation Coun-
sci thirteen or fourteen years ago.
The records of the city Offices show that dur
ing Mr. Hsrrick's occupancy of the Corpora
ton Counsel's Office the saxpayers of Albany
were burdened by the additional expense Of
opening new streets for which there was no de-
mand. The fees were paid. and the city has the
streets-on the maps. but they are streets only
IN name. and are now practically unopened For
this work Corporation Counsel Herrick, in addi-
ton to his salary. exacted fees for his share.
Some Of the thoroughfares on paper for which
the city has no use are Morris. Cortland. Provi-
dence and Mercer SITS. and Main-ave.
The western boundary Of the city extends sew
eraI miles into the country occupied by farm
lands. AS Corporation Counsel Mr. Herrick
would begin proceedings to condemn lands
through farms, gardens. orchards and similar
property. where there was not the slightest call
for a street. and where for the last fourteen
years since the street opening proceedings were
taken. not a horse has traversed nor a house
been built The land so taken will be used for
farm purposes only for at least fifty years to
come. These proceedings were begun against
the wishes and protests Of the owners, and for
the only apparent purpose Of benehting those
who began the proceedings.
The entire expenses, amounting to thousands
Of dollars, in one case more than $4,000 were
assessed on the owners of adjoining property
In some cases the cost was more than the value
of the property which was sold to pay the
assessments and bid in by the city. Thus in ef-
feet, the property was cOnhsCated for the benefit
of the few who were favored by these UnWar-
ranted legal proceedings.
During this time. while Mr.. Herrick was
Ceiving $1,000 salary year as Corporation
Counsel. he asked for and received additional
allowances by order Of the courts in which the
proceedings were brought These allowances
were added to the other expenses IN the pro-
ceedings. and also assessed upon the property
owners.
In 1891 the legislature passed an act to pro-
hibit all such street opening proceedings IN the
city Of Albany, unless the owners of at least
one-third of the adjoining property asked for it,
Ihls bin was introduced and pushed by FORMER
Assem- lyman Ward, now a member OF the nrIn
Of Ward & Cameron. Of this city. 1t was op-
posed in the Senate by Senator Norton Chase
the Herrick representative in the Senate at
that time. When the bill was before the Gov
ernor Mr.. Herrick went 10 him and opposed the
measure, asking the Governor to veto it. As q
sample of the graft from these street opening
jobs, the Corporation Counsel received for one
IN March. 1890. $500, and each of his three COM
nlissioners received $3.50.
In December, 1890. from one useless and un-
necessary proceeding $500 was paid 70 the Cor
poration Counsel In addition to his salary. and
each Of the three commissioners received $500.
The Corporation Counsel's fee in another case
in January. 1891, was 500 the commissioners
ooh ~ n q n
stances were noted, until this practice was pro
hlbited by law.