The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-02-06
LAW IGNORED ON S18
ROADS, SAYS OSBORNE
Foley, Who Got Experience as
LabOrer in LOckpOrt, Gave
Out Contracts.
CALLS 100000 SMALL JOB
Ex- BOOtblack and Bartender In
spected Repair Work
Peck Gets Ruffled.
CALLS 100000 SMALL JOB

ALBANY. Feb. b.--James w Osborne.
| state graft hunter, said to-day It was
plain that Charles r. Foley. deputy sup
erintendent Of highways. had awarded
ais good roads repair contracts in vio-
lation Of the law. as the State Highways
,, Commission only had the power to award
them. He reached his conclusion after
examining State Superintendent OF Public
Works Duncan W. Peck. who was MEM
Der Of the commission when the contracts
were awarded. and after listening to the
testimony Of Mr. Foley.
Mr.. Foley believed the comnissio ma d
passed a resolution authorizing him to
execute these contracts without advertis-
ing. but he could not find the resolution
In the minutes Of the commission. He
admitted making these contracts after
asking bids from contractors with plants
near the proposed repair work
In one case he wrote n letter on April
Is asking that bids he submitted by n
contractor In Glens Falls by noon on
April Is and Mr.. Foley admitted that the
contractor could not put In such "a bid
unless he had been made familiar with
the proposed work beforehand. Mr.. Foley
tried to find provision I'm the high
ways law giving the commission power
to delegate to him the right to make re-
pair contracts, but could not.
IF you will show me where the Com
missioners delegated to you the right to
sign these repair contracts I'll send the
whole thing TO the Grand Jury" said
Commissioner Osborne.
Mr.. Osborne brought out that UP to
April. 1912. 1t had been the policy Of
the commission since II was established
under Gov. Hughes to advertise resurfac-
| n fnr I.,,g a H.,
this policy was departed from when the
first OF the 3ls repair contracts was
given out by MIR. Foley.
FOley's Idea of Little Jobs.
Mr.. Foley tried to explain that these
repair contracts were of urgent necessity
and that there was no time to wait for
advertising, referring to the work as lit
tie Jobs scattered throughout the state
Il don't consider $4,000 contract
given to one contractor a little job COM
mented Commissioner Osborne ut is
a peculiar thing that the successful bidder
for these repair contracts usually bid the
amount OF the engineers estimate of the
cost OF the work"
Mr.. Foley admitted that his only ex-
perence was as member OF the street
committee Of the Common Council when
he was an Alderman ia Lockport for two
years. and when he worked as day
laborer on the street when ne first went
to Lockport In 1855.
Mr.. Foley admitted that every official
in the State Highways Department at AL
bany depended upon the inspector on each
road and the superintendent Of repairs
over him for report on the physical state
OF the work on each road. and that the
roads were accepted and paid for on the
reports OF these two officials
This caused Commissioner Osborn. to
comment that JOSenh n D'(snppnr ~
Glens Falls was the inspector or foreman
or laborers on the resurfacing contract
work between Glens Falls and Lake
George that he had been a bartender and
a boo,black and that at the time OF his
appointment actually was In the employ
Of the contractor who was 10 do the re-
surfacing work.
Peck Says lie Was Overworkrd.
Supt. Peck testified that he was much
overworked. that he only had three DAYS
of in 1912. including sundays: that he
took the word OF Supt. Reel for all con-
tracts he was asked to approve and that
he had never examined any OF ,h, ais
Foley contracts and had no personal
knowledge OF the character of the work
performed by the contractors or the
prices paid.
Il never voted for anything in the
Highways Department which was not rec
commended by Reel said Mr.. Peck.
Reel wrote me a letter informing me
that | had voted for the 3l> repair con-
tracts and | told him that he was "A
damn liar" said Mr.. Peck.
While you were delegating to Foley
the right to make these repair contracts
why didn't you put II IN the form OF a
resolution inquired Mr.. osborne.
1T was" said Mr.. Peck,
When Mr.. Peck WAS asked to find the
resolution he had no more success than
Mr.. Foley had.
Things appeared squally for a few min
utes when Mr. Peck resented Mr.. Os-
borne's references to O'Connor, the fore
man. as n bootblack. while the civil ser
vice application indicated that he was a
clerk In hotel.
Il don't need any lesson in manners
from you" hotly yelled Mr. Osborne. Il
am here to ask you questions and you
are here to answer them"