New-York tribune., 1906-08-06
BENDER FILES ANSWER.
Denies That He Solicited Campaign
Funds from CilqE Employees.

Albany, Aug 5-Harry H. Bender. State Fiscal
Supervisor. has flied his answer 10 the report OF
the State Civil Service Commission in the matter
OF the alleged violation IN the Department OF State
Charities of Section "A OF the Civil Service law.
prohibiting the soliciting of campaign funds. The
report, in part, follows:
To the Governor:
The undersigned. as Fiscal Supervisor Of State
Charities. respecting the charges contained in the
report OF the State Civil Service Commission. pur
fST states shows Sd answeTs ~ as fooWs
First-The report is combination OF statements.
the evidence and the law applicable thereto aeGo,
upon which the investigation before the Clvll SER
vice Commission Instituted. and the evidence
that many OF the statements and conclusions drawn
by the commission are not supported by the cyl
respondent respectfully requests that the Govern?r
rather that the summary or abstract thereof con-
tained in the report.
charges denies that any evidence was produced
before the commission which tended TO show that
solicited or received by Herbert F. Prescott in the
had received a political contribution from subor-
dinate George w. Hobbs, chief clerk in the office:
Service law. and be denies the charge that he did
fiscal supervisors Office elsewhere. in violation
Of any provision Of the law.
given by the interested witness. Doty. and by his
son, lon the one hand, Is not entitled to as much
and L LHommedieu the other
FOurth-ThS
exercised any ofclai Influence directly indirect:
ly, affrms lively negatively, TO induce political
elsewhere or that he did not use his official in
fuence and authority to prevent violations Of the
knowledge prior to the institution Of the nvestga-
tion by the Civil Service Commission that Mr..
Prescott had had any of the interviews or made
any of the requests for money as political con
his department referred to in the testimony of the
Witnesses and he specifically denies, the truth of
Doty, could not pay the amount asked, that ne
had any such conversation with Doty as testified
Fifth-This respondent further says that no
Governor odei was TeceiVed at his department dur
ing the fall of 1904 and that when such notice was
received from the present Governor IL was. at the
personal direction of the respondent conspicuousy
where none OF the employees could fail to see it,
StXth-This respondent also denies that at the
referred to in the report he (Nir Way) held the
office Of or acting harbOr master Of or at the
seventh-This respondent also denies that there is
ference or conjecture Of the commission stated as
a charge in the report that he, "Mr. Bender and
understanding or otherwise. sat at the receipt Of
from the employees in the Office; and he emphati-
cally denies the allegation or charge
a careful examination OF the report. endeavored TO
nd IN dsny Of each nd
or tending TO constitute breach violation or disre-
Ninth-F1nally. in closing this part of the answer
the respondent respectfully begs leave TO call the
what he has been charged with and found guilty Of
/. He has been charged with and found guilty OF
receiving for transmission at the request Of the
voluntary conribuiion for political purposes
In answer he admits that one Of his subordi-
mates handed to him checks and requested him to
transmit them to the treasurer of the State Com
what he did in this respect was prohibited by or
in any way violation Of the Civil Service or any
@ Hs b seeeg cS With 63 and H. held M
which were not brought TO his knowledge.
In answer he says that whether he can or should
be held responsible or accountable (were the fact
which is hereafter considered, but he submits that
in justice and fair play he ought not to be held
3 u,S He is charged with and found guilty Of
and giving testimony in his own behalf
In answer he says that in this regard he acted
that of his counsel He believed then and was so
advised that no violation Of law on his part had
was no reason why he should go upon the stand
claim or prove his innocence OF some u undeAned
and wholly improved and unsubstantiated charge or
eves, and he says that in any event. under our
system of jurisprudence his silence or failing to
take the stand in his defence ought not to be
held or taken against him. or admission on
ms part. or & as IN any way tending to support or
ceeding before the Governor he meets and
answers in person all the charges and insnuations
made against him.
Eleventh-This respondent. in conclusion. desires
to state in all frankness and sincerity that while
he has endeavored to perform his official duties
the provisions Of the Cyil Service law and OF ali
four of the Civil Service law prior 70 the instiu
did not know that there was statutory provision
referring to the mere receipt of political contrbu-
Wherefore. this respondent submits and respect
fuiy insists that there Is no ground shown in the
evidence for his removal from Office, and that the
application for his removal should therefore be
denied and this proceeding dismissed.