New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-06
Awarded 100000 of Road
Work Without Any
Legal Authority.
PECK BLAMES REEL
AND CALLS HIM LIAR
Accused Tammany Henchmen
Trying to Shift Responsibility
on One Another.
fBy Telegraph N The Tribune. J

| fBy Telegraph n The Tribune.l
Albany. Feb. 5.-Charles F. Foley. first
deputy for G. Gordon Reel. Superintend-
ent of Highways under Governor Dix.
who awarded 3iS road repair contracts on
October %, 1912. involving 10000 cd
mitted on the witness stand to-day thst
he did this without any authority. Foley
alert and nervous did not make the ad-
mission until cornered by James w. Os-
borne. who is hot on the trail of Foley 3
| bank accounts.
Foley first said he had authority TO DO
so by a resolution OF the Highways com
mission, consisting OF. John A. Benseb
State Engineer, Duncan w. Peck, Super
intendent OF Public Works. and Reel. Os-
borne forced him TO admit this was not
so. and then the witness took refuge be-
| hind a provision of the highways law, but
on being shown that this did not give MN
the authority fdgeted in his chair ana
finally confessed that he merely assumed
he had the authority.
Bensel. Peck and Reel were present
during Foleys testimony, and Bensel ana
| Reel will be examined on Tuesday, wnen
the next hearing will be held. Peck was
on the stand Just before Foley, and both
were compelled to sign waivers OF I'M
munity before being permitted to TESTIFY.
Foley will he asked later about his bank
accounts. three of which have been dis
covered already by Osborne. two in Lock
port and one in Albany. Subp9nas were
issued tonight for the production Of the
books Of the Albany institution.
Osborne Calls It Crime
Osborne expects that there will be an
attempt on the part of the Big Four"
as Bensel, Reel Peck and Foley are some
times called to shift responsibility, but
after he heard Foley and Peck to-day ne
was more convinced than ever that the
! four committed crime in the awarding
of those SlS contracts, which he has char
acterlzed as a direct steal from the state.
The burden of Pecks testimony was
that Reel was responsible for all the
shortcomings of the Highways Depart
ment. He told Osborne that he and Ben
sci were so busy with the work of their
own departments that they had TO depend
upon the man "who was paid to do the
work and who had under him the engi-
neers inspectors and other employees of
! the department"
Il had to take his recommendation"
said Peck.
| He put the responsibility for the ap-
| proval of 31S repair contracts entirely
| upon the shoulders OF Reel.
THE law put upon the Highway Super
| intendent supervision over all repair
work, and he delegated that power to
Foley" said Peck.
81 must disagree with YOU" said Mr..
Osborne. II fail to find anything in the
| law that gives Reel any more response
! bility than the other two commissioners.
| fail to find also where the commission
ers were given any powers to delegate
their executive duty to a subordinate"
Peck Calls Reel Liar.
Peck said that he did not vote for the
approval of any of the minutes of the
! Highway Commission from May. 1912, UNI
| til the commission went out of exist
| ence. When asked about the meeting OF
the commission on October % 1912, when
the 3l8 repair contracts were approved,
he said:
Some time after the meeting Reel sent
me n letter telling me that the contracts
| had been approved without his recon-
mendaton. 1 told him he was a damned
| liar"
Mr. Osborne quoted the law which pro-
vdes that the entire commission shall
| be responsible for the maintenance and
repair OF roads. Peck replied that the
commission had adopted a resolution di-
rectng the Superintendent of Highways
| to award the repair contracts.
IT assume that the superintendent had
the power TO delegate that power" he
added.
81 assume otherwise" said Mr.. Os-
borne.
| 1t was brought out that Peck had per-
sonally inspected the Glens Falls Bolton
| road after il had been repaired and APP
proved and admitted that the work was
| inferior.
| II was on this road that Joseph II.
O'Connor, an ex-bartender and bootblack.
was employed as highway inspector.
and Commissioner Osborne brought ii out
! that Hurlhy, the contractor who did the
repair work, had previously employed
| him.