The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-01-11
STEPSTOKILL THE CANALGRAFT
TAXPAYERS ACTION AGAINST
THE BARGE CANAL Law.

Don't Let the state Emnarrass It's Finances
and InJure lis Good Name, Petitioners
say 10 the Attorney -G eneral---Root or
Andrews. or Both, TO Present the Case.
The news, given in THA Sun yesterday
that the constitutiona.lty of the barge ANAL
law is TO be tested in the highest courts
was gratifying to the taxpayers and Dusi-
ness men who had been wondering whether
there was no way 10 burst the great brncc
bubble. Some Of them had been aware
that there Is likely TO be an end put to the
graft scheme. for the work Of smashing it
was begun by taxpayers here and Wy tho
State.
or course, as soon as the bargeway
grafters heard yesterday that the millions
we're likely 10 be taken away from them
they set up the howl that the railroads were
behind tho plan. To any one familiar with
the proceedings this was a joke, for tho
railroad managers long ago ceased to be
alarmed about the gold lined ditch. They
know that II the canal ever should DO
finished il would be by that time practically
obsolete and that railroad rates would be
no higher than canal charges plus interest
and insurance.
This movement against the bargeway
grab is purely taxpayers action 1t will
be brought TO the attention Of the Attorney
General of the State by means Of petitions
which read as follows
To he Attorney General OF the State Of New
York.
SIR The undersigned. citizens and tax
payers OF the State OF New York. respect
fully represent
l. That they are advised TINT there are
grave and substantial grounds for believing
that Chapter l47 OF the Laws OF New York OF
1903, being an act making provision for issu-
ing bonds for the improvement of the Erie.
Oswego and Champain canals, is uncon-
stltutional md void.
?, That the Comptroller, Superintendent
OF Public Works and State Engineer are
about 10 issue bonds and enter into contracts
in behalf of the State. apparently authorized
by the terms of said act, but which will be
void II the act is unconstitutional. such
acts by tho state officers although unauthor-
lied would involve the State IN moral obli-
cations which cannot be properly repudiated.
and will embarrass its finances ard iniure its
credit and good name.
g. That before the officers OF tho state
pledge the credit OF the State. even in form.
for the vast sums which will be involved
in the proposed improvement of the canals.
the questions which exist IA to their lawful
ought to be determined Not
only will the making OF unauthorized obliga-
tions involve the injuries above stated. but
the existence of questions OF authority Will
necessarily interfere with the marketing OF
the bonds and Increase the prices at which
will be willing TO undertake TO
do the work.
or authorize TO be brought, in the name OF
the people OF the state. suitable action
10 procure judicial determination as to the
validity OF this statute and we ask that day
be given us that We may appear before YOU
and present the reasons why we consider that
such action should be brought.
Attorney General Mayer will fix the day
for the hearing on the petition. and the !
ing by either Elihu Root, former Secretary
of War. or the Hon Charles Andrews Of
Syracuse. former Chief Judge OF the Court !
Of Appeals, or both. They will present |
the reasons, and there certainly are enough |
Of them. why the action should be begun |
to test the constitutionelity of the barge
way grab. The Attorney-General can bring !
the suit himself or authorize II TO he brought |
for the petitioners The latter method il |
and II Mr.. Mayer consents 1t |
will be employed in this case. Mi Root |
and Judge Andrews have been retained by |
he petitioners to carry on the case, which |
nav come up first in the Supreme Court !
the outcome might be there, the |
suit would be likely to go TO the Court OF |
Appeals The gralters have spent so much |
line and money already that they will not |
give up the millions without a desperate |
on the other hand, the folly OF the scheme !
& becoming more and more evident TO the /
axpayers, and the petitioners will be joined
n their efforts by hundreds of men who
ion't want to see the State disgrace and |
break itself
There will be n scream from the expectant |
contractors and engineers il the graft is
wiped out. but it will he drowned by the /
,horus of Joy from the taxpayers Coy.
IigRins's message TO the Legislature. re-
ealing New Yorks financial condition, has
hown the voters that something has got
o be done and that the quickest simplest
way to do il is to knock out the juiciest
State subsidy ever proposed.
II would be great relief TO many mem
,ers Of the Legislature If the bargeway act
hould be declared void. They are hearing
rom their constituents on the subject, and
hey wish they never had voted for the
cheme Action by the Court OF Appeals
would obviate the necessity OF raising the
candal in the Legislature.