New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-04-22
State Engineer Censured
After Inquiry Into Pub
lie Works Graft.
WEAK MEMORIES OF
WITNESSES DEPLORED
Legal Evidence to Warrant Find
ing of Indictments Not OBJ
tanned by Investigators.

John W. Bensel, State Engineer and
Surveyor. who refused 70 waive immunity
and testify before the special grand jury
which has been investigating graft In con-
tracts for public works, was yesterday
condemned as a man unfit TO hold public
office in a presentment made by that body
10 Justice Vernon NJ. Davis, In the Crimi-
nal Branch OF the Supreme Court. his
name was not used in the document out
he was referred to by his office.
The presentment reviews at length the
inquiry made by the grand jury into the
systematic collection Of tribute from con-
tractors on public work under the gulse Oh
campaign contributions, and suggests
future legislation that would remedy such
conditions.
The most important investigation under
taken by the grand Jury. and the one 10
which It has devoted the greater part OF
its time, has been an inquiry into the gem
eral conditions surrounding the awarding
OF contracts for the construction or the
Catskill Aqueduct. II was in this connec-
ton that an indictment was found against
Thomas Hassett. charging him with the
crime Of attempted grand larceny In the
first degree.
Sufficient legal evidence" the present
ment states, has not been obtained 70
warrant the finding at this time Of further
indictments in connection with this branch
of our Investigation. The grand Jury feels
that this result has been largely due TO
the significant failure Of memory on the
part OF certain important witnesses called
before it."
The first OF a series Of conclusions
drawn in the presentment is that al
though the Board OF Water Supply OF the
City Of New York was intended TO be an
administrative board Of independent men,
free from all political influence and con-
troll some OF the men selected as commits
sioners Of the said Board Of Water Sup
ply have at times been so subject TO po-
litical influence OF so incompetent that
their action in the awarding OF certain
contracts has been controlled and directed
by political influence.
There IS no direct evidence before US
that this influence has been exerted for
the financial benefit of men now officially
Supply, but there is evidence that there
have been occasions upon which there Is
reason 70 believe that at least one man
then officially connected with the said
Board of Water Supply profited by such
transactions"
In one instance where the grand jury
wished TO trace the payment Of tribute
money the investigation was blocked by
Mr.. Bensel who was a member of the
Board Of Water Supply before he became
State Engineer and Surveyor, and by the
failure Of two other witnesses to recollect
essential facts.
The second conclusion is that the pro-
visions OF the labor law with respect TO
public works are such as 10 lend them
selves to the use Of the INSCRIPTIONS for
the purpose OF extracting graft money
from contractors. The third conclusion
is that the employment of a staff Of con-
sulting engineers by the Board OF Water
Supply is justified only when they serve
legitimate purpose and are not merely the
tools of the chief engineer.
Based on these conclusions, the grand
Jury makes seven suggestions as 70 future
legislation and methods OF remedying ex-
listing conditions. Tho first Of these states
that the Board Of Water Supply should be
organized so that the legal responsibility
for all construction and engineering work
shall be placed upon competent chief
engineer
The second suggestion, which refers 70
Mr.. Bensel. states: That the former
member of the Board OF Water Supply,
who is now the state Engineer and Sur
yeyor. Is UNFIT to hold public Office, It be-
ing our opinion that any public officer
who is unwilling 10 waive immunity from