The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-01-18

carried In and out OF the room. In view
OF this Commissioner Osborne declared
to-day that there should be no delay In
bringing these disclosures to the attention
OF the Albany county District Attorney
that he may have the benefit Of Mr.. Oil
Ions testimony regarding that october
meeting.
Osborne BIumes Whole Board.
From q careful examination of the
old State highway law" said Commits
sioner Osborne. 81 am satisfied that state
Engineer Bensel and Supt. Peck and Supt.
Reel together with his deputy, Charles
f. Foley, acted In violation OF law in en-
tering into these repair contracts. The
three Commissioners had no right 10 con-
vert themselves into n rubber stamp by a
resolution approving these repair con-
tracts without examination to determine
whether they were good or bad.
BY their action In this case they
entirely annihiated the highway law
and were guilty of wilful neglect of
duty This is "A clear illustration Of a
deliberate violation OF the law. We must
get 10 work at once and put these facts
before the District Attorney in view of
Mr.. Dillon's condition. And | want to
say right here that If Bensel. Peck, Reel
or Foley wants to take the witness stand
and explain this situation he will have
ample opportunity at once
Commissioner Osborne called as wit
ness In his Investigation to-day Miss
Helen Dolan. the stenographer who took
the minutes Of the October meeting. and
also Assistant Secretary Carpenter. They
stated that Commissioners Bensel Peck
and Reel attended that meeting and told
OF the controversy which resulted before
Reel verbally agreed TO recommend the
approval OF the repair contracts.
They told of the conversations which
took place between Reel. Bensel and
Peck. and Commissioner Osborne took
particular pains to show whether or not
these men were concerned from the stand.
point Of legal evidence with the approval
OF the repair contracts so that the Albany
county District Attorney would be justi-
fled In submitting the matter to the Grand
Jury.
Commissioner Osborne put in evidence
an outline of the Hennessy charges re-
garding good roads graft contained in the
papers Hennessy hled with Gov. Glynn.
This was taken as Indicating that while
Mr.. Osborne has hocn doing nothing pub
licly regarding these papers he and his
assistants have been investigating them
secretly. The brief filed in this matter
showed trat there We're fourteen specific
charges In the Hennessy papers regarding
that number Of goods roads contracts and
that two Of the charges mad already been
presented TO Grand Jury IN Erie county.
two more In Suffolk county and one In
Rockland county. Mr.. Osborne said the
nine other roads would be looked into as
rapidly as possible.
When Commissioner Osborne notified
Gov. Glynn OF the results OF his investi.
CATION OF the repair contracts Gov. Glynn
instructed him to go right ahead with the
investigation on this or any other line.
Mr.. Osborne expressed the belief that
the contractors were the real bosses of
the Highway Department. controlling even
the executive officers.
l,a tAns s,.n
root OF the highway evil lies in the con-
nection between the department and con.
tractors with political influence These
contractors have been bribed by campaign
collectors, and the natural result Is that
they have the department employees under
their thumb"
Lewis Faces Forgery Charge.
L. Lovejoy and william Dill. iaborers
employed by the State Highway De-
partnent In repairing roads In Albany
county. testified that John A. Lewis. the
foreman over them, held back their pay
checks Dill said his check for $35 was
cashed by Lewis on December IS. but the
money was not paid to him until January
last. F. LoveJoy swore that a check for
s3s made out to him was cashed by
Lewis and that he has not yet received
the money. This check was dated Novem-
Der "a last. In each case Lewis signed the
TO the testimony.
This is q plain case Of forgery in the
second degree" declared Commissioner
Osborne, land this evidence will be sub
mitted at once to the District Attorney
Of Albany county"
Thomas H. karr OF Troy built about
mile of road in Cohoes county. which
was accepted by the state In March. 1913,
and had to be rebuilt last December. II
was macadam road built on a clay
soil and the contractor declared that the
frost perneated tho road base and
cracked it badly, He said the road was
built according to specifications, but that
the trouble was that this type OF road
was not suitable over clay. 1t was re-
placed with ia brick road upon a con-
crete foundation.
Sees No Crin,inaIity.
This was one OF tho roads complained
of by John A. Hennessy and Commits
sioner Osborne declared that no criminal
ity had been shown In its construction.
Aside from the graft on good. road,
combiaihtd of by Mr.. Hennessy, Commits.
sidper Osborne said the papers left with
COZ Tlynn by Mr.. Hennessy charged
that several big milk corporations, In
cbsdng the Borden company. are har-
veAting Ice on State waters and not pay
ing the state enough for tho privilege
tnal tne STATE pays 100 much Tor the
lumber used on public works. that tn.
state printing costs more than II ough,
10, that certain canal contracts Were
fraudulentiy performed. that there has
been neglect OF duty In the Canal Depart
ment, that the payment OF certain Labor
ers on the canals had been fraudulen,
aud that the State canal employees have
been shaken down by II bagman for politi-
cal contributions,
Mr.. Osborne pointed out that State
Commissioner of Efficiency and Economy
yohn w. Delaney investigated tho print,
ing situation and submitted a report t.
Coy, Giynn. hut Mr. Osborne added tina.
hs,would inquire into the matter further
his own behalf, lie stated that h,
already had proved that canal employees
were forced 10 make campaign confirm.
ti0sts and that he would go into this
80 81 tt t'r'''"'