No. 40.

IN CONVENTION

July 17, 1867.

To the Honorable the Constitutional Convention of the State of New York:

The undersigned, the Senate committee charged with the duty of inquiring into the management of the canals of this State, and the departments, etc., connected therewith, respectfully furnish to the Convention, in compliance with their resolution, a copy of which is appended, the evidence taken before the Committee on the investigation of the matters referred to them, and an index thereto.

All which is respectfully submitted.

Dated, July 18, 1867.

CHARLES STANFORD,
JAMES GIBSON,

HEN. C. MURPHY.

[CON. No. 40.]

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On motion of Mr. Bell,

ALBANY, June 28th, 1867.

Resolved, That the Senate committee charged with the duty of investigating into the management of the canals of this State, the departments thereof, be respectfully requested to furnish this Convention with a copy of the testimony thus far taken on that subject for the information of the committee on canals.

By order of the Convention,
LUTHER CALDWELL,

Secretary.

TESTIMONY

TAKEN BEFORE THE JOINT COMMITTEE OF THE SENATE AND ASSEMBLY, APPOINTED TO INQUIRE INTO THE MANAGEMENT OF THE CANALS OF THIS STATE, THE DEPARTMENTS THEREOF, AND THE CONDUCT OF ANY PERSON NOW OR HERETOFORE OFFICIALLY CONNECTED WITH SAID CANALS; ALSO, TO INQUIRE INTO THE ACTS OF THE CANAL CONTRACTING BOARD AND INTO THE AWARDS MADE FOR CANAL DAMAGES, AND IN REFERENCE TO CANAL BREAKS AND THE NONPERFORMANCE OF CONTRACTS.

ALBANY, March 15, 1867.

The committee met pursuant to the call of the Chairman, the following members being present: Messrs. STANFORD, H. C. MURPHY, BRISTOL, H. SMITH, MILLSPAUGH, and W. S. CLARK.

G. N. TIMBERMAN appeared as clerk of the committee.

EDWARD F. UNDERHILL, stenographer to the Assembly, appeared as stenographer of the committee.

The following testimony was elicited :

Nathan Ackley, being duly sworn, testified as follows:
By Mr. SMITH.

Q. Are you clerk of the Canal Contracting Board?

A. I am.

Q. How long have you occupied that position?

A. Since January, 1865.

Q. Were you in the Canal Department previous to that date? A. I was not.

Q. When were the last proposals received for repairs on section 3 of the Champlain canal?