The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-04-22
JURY BRANDS
BENSEL UNFIT
Graft Investigating Body
DenOunces State
Engineer.
HIS SILENCE SINISTER
Thinks His Refusal to Waive
Immunity Blocked
Inquiry.
URGES CHANGES IN LAWS
Suggests Way to stop Labor
Law Tribute and Campaign
Fund Graft.

John A. Bensel State Engineer and
formerly a member Of the Board OF
Water Supply, is branded as unfit to
hold public Office in u presentment
handed to Justice Davis in the Supreme
Court yesterday by the special Grand
Jury which since the first week In No
vember has been investigating aque-
duct. barge canal and highway graft and
campaign contributions. The present.
ment does not mention his name, but
leaves no doubt as to who is hit in de-
scribing him as 'the former member of
the Board Of Water Supply who Is now
State Engineer"
Of seven specific suggestions which the
Grand Jurors made to the court as the
result Of their Investigations. Another
recommends the reorganization Of the
Board Of Water Supply SO that an engi-
neer will have position where he will
be responsible for his recommendations.
A third recommendation Is that the
labor law be amended so as to prevent
the holding up Of contractors money
through labor squabbles. The Grand
Jurors also ask for a law, similar TO
the anti-lobbying law. requiring any
person employed by q contractor to aid
him In getting q city or State contract
to be registered with the department
controlling the contract and for a law
making II a misdemeanor for contrac-
tors engaged in public work to make
contributions to campaign funds.
Blocked by Had Memories.
The presentment begins by review
ing the evidence obtained from fifty
three witnesses. and then says:
Sufficient legal evidence has not been
obtained to warrant the finding of
further indictments at this time in con-
nection with this branch Of our inves-
tigation. referring to the search into
aqueduct graft 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 IL. In spite of obstacles Of
this kind. so much has been developed
which shows the existence OF conditions
which must be eliminated II contracts
for public work are to be let on fair
competitive basis that this Grand Jury
would fail to perform its full duty II it
did not advise the court. and through
the court the public. of the legislat! on
which In its opinion would go far to
remedy the existing conditions and sim
plify the labors OF any future investi-
cation of a similar character which 1t
may be necessary to institute.
1.-THE Grand Jury. therefore, respect
fully makes to the court the following
specific suggestions:
Il The Board Of Water Supply
Of the City OF New York be reor-
ganized In such a manner az shall
place the legal responsibility for all
ats nnNt1 -
work. coming within its Jurisdiction,
upon competent engineer. by what
ever name his office may be called,
where the real responsibility now
rests, and shall provide for a single
administrative head upon whom shall
rest the legal responsibility for all
matters outside of construction and
engineering work
"Unht TO Hold once"
II. That the former member OF
the Board of Water Supply who Is
now the State Engineer and Sur
veyor Is unit to hold public Office,
It being our opinion that any public
officer who IL unwilling to waive
immunity from prosecution and tes-
tify freely before any legally consti-
tuted investigating body, with respect
TO his conduit while In public office.
" unit to hold office.
III. mat section OF article
Of the labor law be amended so as
TO specifically provide that in case
Of any charge Of violation of it's pro-
visions made against a contractor on
public work during the progress Of
the work there shall be a hearing on
that charge with reasonable op-
portunty for the contractor to be
heard, and a final determination sus-
tanning the charge by the proper
authority before the contractors pay
shall be withheld.
Nv. That a law be enacted similar
In some respects to section SO Of
article OF the legislative law (the
anti-lobbying act) which shall pro-
vide that any person employed for
compensation to assist "A contractor,
In any way whatever. In the procure
ing OF contract for public work,
shall, before taking any action In pur-
suance OF such employment, file with
the public officer. board or depart
ment controlling the letting of tho
contract In question q written notice
OF his employment and its objects.
Such law should contain similar pro-
visions recurring the contractor EN-
poylns amy person for such purpose
to H. in IN" same place and manner,
similar notice, and should provide
for the publication OF such notices so
MED OF the Substance OF their con-
tents al the time OF the award
file in the Office of the officer board
or department in question and consti-
tute public record of such office
a failure to comply with such law
should be made o misdemcanor. pun
ishable by AN appropriate penalty
ana I'm the case OF the contractor by
forfeiture of the contract.
Urges New Penal Law.
~, That law be enacted similar
10 Section ~ OF the Federal Penal
Code and be made applicable to the
state OF New York or any gov
ornamental subdivision thereof Such
law might take the form OF an ad-
oitional suld vision or subdivisions
or section $50 OF the Penal Law"
The section In the Federal Penal Cod
reads az follows. III two or more per
sons conspire either 10 commit any OF
fence against the United states or To de
fraud the untvd States iu any mann.
or Tor any purpose and one or more ~
such parilca do any act to effect the oil,
t"ct OF the conspiracy each OF the partlc
10 such conspiracy shah he fined not NOR