New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-01-14
SuIzer Commission Bows to Ex.
Adjutant General When 1t
Hears His Explanation.
BANK WILL PAY BACK
Albany Institution Ready to
Return Purchase Price With
out Proceedings-"Mili-
tia Journal Receipts.

Albany Jan l5.-The Sulzcr commits
sion received its first rebuff to-day When
il took additional testimony in its inves-
tication Of tho sale Of property In this
city as a site for a state arsenal ana OF
the publication Of THE Militia Journal
by the Adiutant Generals office under
AdJutant General Nerbeck. At the hear
ings before the committee last week II
attempted To show that General NcroecK
had acted without proper authority IN
purchasing this property and had PAD
too mucn for H. Before he left the Wit
ness stand this afternoon the COMMITTEES
practically apolog2cd 20 him.
The testimony last week also showed
that there were no records in the ONCE
Of the Adiutant General Of receipts FOR
advertising and subscriptions for The
Militia Journal" Colonel Simmons. who
had charge OF the publication, produced
to-day bankbooks showing that the pro-
cccds from The Journal were deposited
in tho Home Savings Bank. and testified
that the records Of the receipts could he
easily found in the Adjutant General
office.
He suggested that the girl who handled
them he sent for to corroboratc t'iS tes-
timonv. The committee decided that the
girls testimony was not needed, and
forthwith ceased further inquiry into this
subject
While agreeing with the committee that
there might not have been any authority
in the law enabling him To deed property
10 the state. Adiutant General NerbecK
showed conCIgs.vely In his testimony that
in purchasing the property he acted on
the authority OF Governor Dix. His testt-
mory that he paid fair market price FOR
the property was supported by that Of Of
fccr> OF the First National Bank. from
which il was purchased. and by Lewis l..
carr. attorney Tor the Delaware & Iiud-
son Company. which sought to purchase
the property On the day after it was sold
20 the state.
The price paid for the property was
$50 OF - Last week il was announced
that Attorney General Carmody would
begin proceedings to get the money back
from the bank.
John J. Gallogly. vlce-president OF the
bank. testified to-day that he did not be-
lieye the price paid by the state was
enough. and that the bank would be glad
10 get the property back. lie said that IT
would not be necessary TO bring proceed
ingS. as he knew that he could get more
money f5r the property than the state
paid FOR IT,
Adjutant General Nerocck admitted that
he had acted hastily IN not consulting At
torney General Carmody concerning Ger
tain transactions in connection with the
sale. but the committee was satisfied that
he did nothing that injured the interests
81 the state.
We now realize that YOU acted Ia good
faith" said Chairman Carlisle. but We
made the inquiry simply because we
know Of no law whereby YOU can pur-
chase property 'or the state. The First
National Bank was bound to know that
there was no such law and that ii had
no right TO make the sale"
Well I'm sorry" replied General Yer
beck. that was so cock sure | was
right in doing the things [ did, and now
find I was wrong in a great many OF
than