New-York tribune., 1906-08-07
drops BENDER CHARGES
cOVERNOR TAKES 4CTION.
Srus Esidence Doesn't Shoe That
super~'isor Solicited Contributions.

albany, Aug. 6.-Governor Higgins to-day dis
-.ssss the charges against Harry II. Bender
-, s,,pervisor Of state charities. These charges
- made by the Civil Service Reform Asso-
.,,Isn TO the state Civil Service Commission.
-e,,h investigated them and reported 70 the
...s~nor The charges were that political as
,.ssTents had been collected and solicited from
,-5inates in the office OF the fiscal supervisor
=, oonclusion Of the Governor Is that the ev,-
.,-.e does not show that Supervisor Bender
sisted contributions and that the checks
...rh he did receive from one employe were
- 10 him by such employe for transmission
!, he treasurer OF the Republican State Com
~rree Governor Higgins wrote a long memo-
-s1ium setting forth his reasons for dismissing
..s charges. He says:
80 prohibition lin Section "a Of the Civil Ser
- laWl Is laid against voluntary contributions
~ political purposes by Civil Service employees
"a Il Is at least doubtful whether the Legis-
sfuTe has the power TO limit the freedom Of
Esion Of state employees in this regard No
srei reason seems 10 exist why such employees
,r1ld not il they desire contribute to the legit-
iraie expenses OF a political party. Common
srvwledge teaches that such expenses are
~sossssTily large. and that they are met by the
--frIbutiOns Of those who are interested in the
.nfributiOns should be permitted, il is enough
: say that they are not prohibited so long
: they are freely mace ana without COmDul-
s5n OF restraint Nor is there any evidence in
tsse proceedings frou. which IL could be easily
aferred thai the contributions testified TO by
tie employees in the Office Of the fiscal super
rsm we're not voluntary and free from COM
there is no evidence which tends to show that
NJ Bender ever solicited a political contribu-
tn from any emplOye in his Office. or author
I'd Mr. Prescott TO solicit such contribution
The proceedings are destitute of proof of the
,soslpt Of contributions by Mr.. Bender from
employees in his Office, except in the single in
slDge Of Mr. Hobbs who handed Mr.. Bender
q check for campaign contribution in 1902
Lsg and 1904 No one had requested him to
rake contribution. He made the contribution
b check and received a receipt from the treas
gG Of The Republican State Committee It
iss not appear that Mr. Bender was acting as
Ge agent Of the state committee; it appears
Ast he acted solely as the agent Of Hobbs in
iansnitting his contribution TO the state COM
mttee
In regard 10 a request for and the receipt Of
political contribution from Harbor Master
Way Of Albany County the Governor holds
hat il was a violation of law because Ways
position was in the unclassihed service Con-
tnuing The Governor says:
But over and above any merely technical Yio-
stiOn Of the statute this investigation has dis
dOsed in this Office practices indicating dis
aRsard Of the spirit of the Civil Service law
that II continued there or allowed 10 exist else
service. There can be no impropriety in a con-
sbution by a Civil Service employe to any po-
Htcal organization with which he is in SYM
lathv. But such contribution should be entirely
8cntary and 10 place the question as far
Is possible beyond the field of doubt such a
Hniribution should never be made through an
Eher public official. or at the suggestion of an
Eher public official. and least Of all should il
\ made through or at the suggestion Of an
rfrial in the same department. That several
5zllnpsosrs iIaEtie1 the contributions TO aEr
nIescott and that one handed his to Mr.. Bender
lsnRot fail 10 lead to a suspicion that the con-
tdbutions we're regarded, IF not as compulsory.
a least a. prudent. From all such suspicious
he state service everywhere should be abso-
!utey free
Governor Higgins says in conclusion:
# from the evidence il appeared that Mr..
Bender. directly or indirectly, coerced or sought
% coerce the political action of his subordinates
regard 10 contributions or otherwise. l should
lD hesitate 10 remove him. but for the reasons
gIven above do not feel justified in taking such
extreme action against faithful official. under
al the circumstances as they appear in this
lnTestigatiOn.