New-York tribune., 1905-01-10
TO TEST BARGE CANAL LAW
ROOT CONFIRMS REPORT.
Opponents of Act Take Measures
to Delay Project.
IBT TELEGRAPH TO THE rRIBuxz.l ]

Albany. Jan. 9-It leaked out to-day that ae
the request of committee representing the
various anti-canaI districts Of the State Elihu
Reot former Secretary Of War. and ek-Chier
Judge Charles s Andrews Of Syracuse had
written an opinion that the one thousand ton
canal law. authorizing the expenditure OF S1O1,-
100000 was unconstitutional
On the basis of this opinion the committee
opposed to the canal construction will petition
the Attorney General to test the law In the
Court Of Appeals. A number OF prominent State
legislators have already agreed to sign such a
petition
Ex-Secretary Root and ex-Judge Andrews
were retained the counsel Of the committee
The precise points on which they gave the opin-
ION that the law could be broken are not yet
known here. where the announcement has Gre
ated a great sensation. for it is believed in
evttably to forecast a tie-up Of all canal work
and the refusal Of the new State Superintendent
Of Public Works to let any bids until the Court
OF Appeals has rendered an opinion. The work
which has resulted in this development has been
carried on I'm the most secret manner and
stretches back over the time since the canal act
was passed two years ago.
The feeling against the matter has been ex-
ceedingly bitter When the people by an over
Wheiming majority. decided to build the canal
the anti-canal men apparently abandoned tho
effected sort of permanent committee to op-
pose the measure in the courts and employ
counsel The opinion is believed TO be at pres
ent in Judge AndreVs's hands Armed with
this. il is believed that the canal opponents will
soon invoke the aid OF Attorney General Naver
Meanwhile. there are other phases of the cansl
situation that make for delay. The Tribun,
has exclusively told the story Of the trouble
over the item and lump sum bids and on Sat
| 1rv-fIav " Hi
gality of the form in which the bids had been
submitted for the first six sections had been
| questioned and that Attorney General Mayer
would have TO decide whether or not the bids
should be readvertised and let again.
The impending delay Vill probably be hailed
with satisfaction by the present legislature
which is facing an awkward situation with re-
gard to raising revenue. The fight on the canal
has already been forecast by Senator Amber
who has introduced measure repeating the
whole act. and Senator Lewis has promised an
other appeal TO the United States national gov
ernment for aid IL not for the taking of the
whole expense Off the States hands If tn,
Court of Appeals holds with ex-Secretary Root
that the law is unconstitutional that will throw
out the whole law, with the popular vote
the question thus entirely negatiyed. II will
make it necessary to draft and pass nav bill.
to submit it 70 the people again, and a DELAY OF
several years is certain This. of course. is the
object that tbs anti-canal naen ha-~ been work
ing tof toryears. The law was passed In 1903 The
measure was then known the Davis BILL It
was opposed by Republican legislators repre-
senting all upstate constituencies save those
along the line OF the proposed canal improve
uuent and by some of them It's support came
IN the main from the Democrats and Repuhli-
I cans in New-YOrk City and Buffalo.
Governor Higgins. when asked about the re-
ported opinion of ex-Secretary Root and
Judge Andrews said that he knew nothing
about it, and had not even heard of it's exist
ence. The few legislators in town declared
that the report news to them
Attorney General Mayer asserted tonight
that he had heard that attack was to be
made on the consututonality OF the canal law
He said:
Il heard of the matter by accident IN New
York to-day. AS understood it, an application
is to be made to me for a hearing in the matter.
Elihu Root. understand is to be one OF the
counsel do not know what point Is 1nvotNed.
It has been held by some person that the change
in the route of the canal and the sale OF the
abandoned route will be a violation OF the pro
visions that the State shall not sell any portion
of the canals. but this may not be the point at
issue"
The application for a hearing win probably be
granted by Attorney General Mayer. Neither
the opinion the subject nor the application
had reached his office to-day
Elihu Root. when seen last night at his home.
No. % East Sxty-ninth-st.. confirmed the Al
bany dispatch asserting that the constitution
aIity of the barge canal act would be tested.
Il understand" said Mr.. Root. that ap-
plication will very be made 10 the Attor-
ney General TO begin an action to test the con-
stitutionaHty Of the canal act"
Counsel familiar with the situation said last
night:
John l. Platt. of Poughkeepsie, is perhaps
the moving spirit behind the movement 70 test
the canal act in the courts. Mr.. Platt from the
beginning opposed the proposition to build the
barge canal Business interests in Rochester
and Syracuse are equally hostile. and these
forces united and engaged Messrs. Andrews and
Root as counsel The opponents of the pro
posed canal believe that II is not yet too late
to defeat the project and they expect to get
the legal action under way before Mr.. Franchot.
State Superintendent Of Public Works. adver-
tises for further bids 1t Is a serious contention
raised by counsel. and ir they can DO what they
assume they can. nothing further important
will be done on the canal project until after a
new bill has been passed"
\ dispatch TO The TIibuno from Syracuse last
night quoted ex-Chlef Judge Andrews as say
ing:
y have not written any opinion upon the con-
stitutionaIity Of the barge canal law
Gustav Fl. Schwab when seen last night con-
cerning the opinion Of Mr. Root and ex-Judge
Andrews. So id that IL was the first that he had
heard of IL, and that he could not tell what the
effect might be, as he was not familiar with
the details He added that the AFFAIR would
probably be looked into, but he didn't suppose
that the opinion would cause canal advocates
TO throw up their arms. Mr.. Schwab couldn't
say what action. IL any, would be taken since
the announcement had 70 be Investigated
COMMENT At ALBANY.