Year: 1875

contained no provision for grubbing and the eontrao
price OF go per was OF course for grubbng a.
contractor yet paid the If he had grubbed
the whole For such payment there was not the
Z That under the authority Of That act and O. the
above mentioned agreement The contractor went ON aud
assumed chop, clear &c, the balance Of the land in
accordance with the terms and in the manner provided
for in the principal contract


s. BY the testimony OF Dir. A. Caldwell Belden it ap-
pears that of the whole amount of timber cut by him
he did not sell over about 81, 900 worth.


9. BY the testimony Of the witnesses examined at
the hearing before the committee just closed, ap.
pears that the contractor sold or carried away timber OF
the value Of at least $4,000.


TO- That the owners Of the land in many instances
desired 70 clear the land themselves, but were not
allowed to do by the contractors That the whole
land cleared could have been much better and more
thoroughly cleared by those who would have received
the timber full compensation for clearing the same
for which the contractor got $40 per acre. and theR
failed TO clenr IT,


GROSS FRAUD ON rnE STATE


H. That the manner OF clearing 1t was an open and
PLAIN violation of the contract and gross fraud upon
the state The contractors simply took out the best
timber; cut the trees to leave stumps from
to eight feet hgh left very much of the timber they
did cut on the ground in the position in which il fell;
left the old logs stumps Of old trees brush and small
alders ON the ground to such an extent TO leave
scarcely the pretence OF attempt at clearing Mr.
Sweet in his testimony, says that he never had the
contract IN his possession nor the specifications thereof
and never saw them until long after the work was done
and yet he the engineer in charge Of the work
that the contract aud specifications properly
carried out He says that he simply carried out the





II Meadow land which has for years been cultivated
and moved with machine was, as is alleged in the
testimony included in the engineers measurement
tober land and as land that was cleared by the con-
tracor and il Is also 10 that the engineer when
spoken To about including such land timber or land
to be cleared replied that the boys must have good
measure, and that there was land "up there" which
must be cleared of logs, debris, &c, for which
they would not be allowed the truth being that
portion of the land up there touched by the
tractor The only grubbing done on the three
acres upon part of which the dam was built and there
Nsle lint nT Gfn mn al
OF grubbing done anywhere. The Board is referred 10
the testmoney of Mr. Sweet upon this hearing for such
explanation as he gives Of this whole subject


ID Some 479 of land We're allowed for as land
that cleared and 357 of the 419 al
lowed for timber land the truth being that very
much short of that was timber land or even cleared in
the grossly imperfect manner pursued by the contractor
In some instances the amount OF timber land allowed
was double the quantity actually existing, and no part
even of that was ever thoroughly properly cleared.
Not a foot of new road, contemplated, has been
built.


H. The result of such ''clearng" has been that
every high water floats large number Of these elled
trees old logs brush &c and ''favorable'' wind
blows them toward the dam at the foot of the lake.
which many whole trees, logs &C. fall TO the imminent
risk OF the dam and adjoining work.


SLOPE WALL


10 The slope wall which built the water side
of the dam instead Of being laid proper foundation
of timber provided for in the contract and speclca-
tons, was laid on the loose earh the mud being SIMPLY
scraped away; laid but tier of deep OF
ordinary field stone of an average dimension of sir
to eight inches only, and loose sand thrown in behind
It, The wall was poorly and inadequaely built and
gross fraud upon the State The first freshet that
came would have washed IL away entirely had 1t not
been for the eXertons of the man in charge Of the
dam, who had some twenty-six loads of grave
drawn per hour for n day or more and thrown
upon and against the wall 10 keep it from
washing away, and from that time onward
constant repairs have been necessary to keep the wall
where s Last spring when the investigations Of this
committee and of the commission were about TO be
commenced, and before the water was let into the
canal NJ Scouten, the superintendent of that portion
of the canal sent word TO the person having charge OF
the dam to raise the water in the lake high and fast
possible for what the witness thought to be the pur
pose of thereby conceang as Tar as possible the man
ner in which the work of clearing had been done


16 The pudding that was done at the dam did not
within several feet of the water line, tho
quence being the wall which built there leaked
like Sieve" to the imminent danger Of the whole
structure


H. All over this land that flooded yet to bs
the sumps of the trees elled by the contractor
ard in many instances large trees were not touched by
him. leaving them to rot fall down and find their way
over the dam in seasons of high water. The dam Il
some forty feet less in width than estimated and alluded
TO by the engineer in written communication 10 tht
Division Engineer, and sworn to be correct by Mr..
Sweet


CONTRACTORS APPROPRIATE TIMBER.


Is. The parties whose lands thus taken mads
their claims before the Canal Appraisers and al
lowed by them for the value of their land as timber land
in whore they had that kind of land, while the
contractor also had the benefit of thousands of dollars
worth Of this timber sold some and used good deal
other works which he and his partners construct
ing for the State.


10. The lands Of these claimants appraised at q
very excessive price The interests Of the State before
the Canal Appraisers do not to have been cared for
with diligence or attention.


There were but two witnesses sworn for the people
and. although informed that there others who
knew more about IT, those having charge OF the inter
ests of the state did not call send for them. In many
instances it appears from the record that witness
upon the part of the State


20 II appears also that temporary dam was erected
by the contractor for his personal convenience,
solely for the purpose of flowing the land TO be cleared
and letting the freeze that the could
get all the land for the purpose Of clearing it, This
dam erected and paid for by the State
extra work. Some of the timber thus used put in
the permanent dam and paid for by the State. The
timber for both dams was procured from the lands
cleared and paid for by the State The timber taken by
the contractor also allowed to the of thA
pay for some OF the timber three times over.


THIRTY THOUSAND DOLLAR FRAUD.


Mr. Sweet in his evidence says that his conduct was
by virtue of orders he received from his superior OIL
1t is perfectly evident that this whole work
could not have been done in the manner it without
some responsibility therefor resting upon each and
all of the above named officers, and this
mittee is wholly unable TO find any excuse for
what is either culpable and gross neglect Of
duty else is most serious and intended wrong, by
against the State TO the extent OF at least $50 OOO In the
performance of this contract exclusive of the amount
allowed by the Canal Appraisers TO the claimants OF
owners of the land. The above facts which we believe
fully borne out by the testimony accompanying this
communication, transmitted to your honorable
matter may take such action regard those officers
aforenamed in the employ of the State to youI
Board may just and proper and for the best In,
terests of the State, Very respectfully yours,


DANIEL II. COLE,


JAMES FAULKNER, Jr,


JAMES w. BOOTH,


RICHARD L. SHERMAN,


FREDERICK W. SEWARD.