The sun. [volume] (New York [N.Y.]) 1833-1916, 1913-11-21
LEARNS INQUIRE DID
CONFER WITH SULZER
whitman Hears Order Favoring
BARBER Asphalt Followed
Their Meeting.
WILL SEEK TRUTH TO-DAY
Glynn Denies OsbOrne's Inquiry
viii Hamper the District
Attorney.

When George II. Mcclure Of Syracuse
takes the witness chair before Chief
y, Magistrate McAdoo this afternoon he will
'-.s,e a chance to gay again whether or
ul:st he met william Sulzer in the village
noif Cooperstown on July last. He said
" IN Wednesday that he did not meet
"a the former Governor there on that date
or AZ any other time during the summer
Information came to the District At
torney yesterday that there was con-
ference in CooperstOwn on that date
which was attended by Gov Sulzer. State
Highway Commissioner John N. Carlisle,
George II. Mcclure and James X.
Mcclure. the former Mayor of Syracuse,
~ho was for many years connected with
the Barber Asphalt Company. and who,
according to his brothers sworn state
ments on Wednesday. has since the first
OF this year received a commission on
every sale OF Barber Asphalt Company
products tn New York State or to the
contractors employed on its highways.
MIR. Whitman was informed not only
as 10 the conference, but as to its imme-
date results. He learned that the day
after it was held word went out from
the Highway Commission to contractors
that they must no longer use anything
except the natural. solid asphalt" de-
scribcd in highway specifications. The
specification asphalt so described Is the
product OF the Barber Asphalt Company.
and the fact that II alone was to be
used first became known when the con-
tractors who had been using the product
of the Warner-Quinlan Company began to
send back. asphalt that had been deliv-
cred. When the warner-Q -Quinlan Com
pany inquired why their product was be-
Ing returned the contractors Informed
them that ii must no longer be used on
the highways.
Cruz Of investigation.
This alleged conference at Cooperstown
promises therefore to become the crux
of the entire investigation which the Dis
,rlct Attorney started after John A. Hem
Eessy had made repeated declarations
that wholesale graft existed in the High
way Department. Mr. whitman learns
that the meeting took place in the Berke-
ey Waionta Hotel. 1t Is his intention
80 cain as witnesse, all persons who can
give Information as to who were there
on that occasion.
=. B. Warner Of the Warner -Quinlan
Asphalt Company of 70 Wall street said
yesterday he had heard from highway
contractors that conference had been
held at Cooperstown. He learned It In
this way; His company. which has never
had a contract with the State. had con-
tracts TO supply $4,000 worth Of asphalt
10 thirty contractors who were working on
state roads in St. Lawrence county. Some
Of this asphalt had been delivered before
the date Of the alleged conference. Inn
mediately thereafter word came not to
send on any more and some that had been
forwarded was sent back.
Inquiry among the contractors brought
out the information that the Highway
Commission had issued orders to the con-
tractors to use only specification asphalt,
which meant that only Barber asphalt
was to he used Mr.. Warner went to
Commissioner Carlisle and explained to
him that State Engineer Bensel had pro-
nounced the Warner-Qunlan asphalt
chemically all right. He said Mr.. Carlisle
told him he wanted to he perfectly square
about the controversy. but that he felt
he must insist on the specifications being
lived up to.
Court Upheld Independents.
Getting no satisfaction the Warner
Nulnlan Company sought an injunction to
restrain the Highway Commission from
forbiddng the use OF it's product. The
Injunction was dismissed in the lower
courts, but on November 2 II was sus-
raned by the Appellate Division on the
ground that the specifications discrimi-
mated against the Warner-Quinlan Com
pany unfairly. The Injunction is now
holding up the work on these roads In st.
lawrence county. according to Mr.. War
n"r. few of the roads have been
worked. but the specifications are being
adhered to and the Barber Asphalt Com
pany is supplying the material. ne says.
The Warner -oulnlan Company insisted in
rs application for the injunction that
these specifications could he conformed to
only by the Barber Asphalt Company.
Il was explained that there IL no diff
ference between the asphalts delivered
10y the two companies except as to form.
Previous TO July there had been no
objection to the use of the Warner.
'(uinlan product. Then suddenly the cry
for the strict observance of the specifica-
IONS was raised.
George MCGUIRE admitted that ne BE-
came an owner OF Barber Asphalt Com
rany stock about five months ago. He
Omitted he told Commissioner Carlisle
and other officials In the department that
Ire specifications ought to be enforced.
II" admitted he talked to Gov. Sulxer
anout the matter. but said he could not
femember what was said. He admitted
nat he spoke to officials because he
wanted to see the Barber company's sales
N eased 30 that he and James X Nc
cure would increase their commissions.
The information that came to the Dis.
N'ct Attorney with respect to the Warner
Iunlan company dovetailed no nicely into
's Information regarding the Coopers.
'~n meeting that Mr.. Whitman immedi-
"'"ly determined to call the Warner
1.!nlan officials an witnesses.
George ". Mcclure insisted that his
tli of $1,000 to Gov. Sulzer after his