HYDROLOGY OF NEW YORK 



743 



of the testimony taken before the commission in 1898, together 

 with their report and with the report of E. Countryman to 

 Governor Black, as well as the statements of Messrs Adams and 

 Aldridge. Also the report of the consulting and advisory engi- 

 neers and the large number of documents relating to the matters 

 which had been made the subject of the inquiry. 



The instructions were to examine this testimony, reports and 

 documents and to make such further examinations as might be 

 deemed advisable in order to determine whether or not the evi- 

 dence warranted the institution of criminal proceedings, and in 

 case it was decided to institute such proceedings, to take charge 

 of the preparation and prosecution of them under the general 

 direction of the Attorney-General. 



In their report Messrs Fox and McFarlane say they have 

 decided not to institute criminal proceedings, the evidence on 

 the whole not justifying such action, an opinion directly opposed 

 to that of Mr Countryman submitted a few months before. 



On receipt of this report the whole matter was dropped and 

 most of the people of the State hardly remember in 1904 that 

 such an investigation was held. 1 



The "New York Commerce Commission. It has been shown in 

 the preceding pages that the commerce of New York has been 

 relatively declining for a number of years. This decline is largely 

 from natural causes which it would be very difficult to prevent, 

 although the view is quite general throughout New York that 

 the State's failure to keep the canals in a state of efficiency has 



^he following reports are referred to in the preceding: (1) Report of 

 the Canal Investigating Commission, appointed by the Governor pursuant 

 to chapter 15 of the laws of 1898 and amended by chapter 327 of the laws 

 of 1898, transmitted to the legislature February 28, 1899; (2) Report of 

 the special counsel, E. Countryman, designated to examine the report and 

 testimony transmitted to the Governor by the Canal Investigating Commis- 

 sion; (3) Protest and Defense of Campbell W. Adams. State Engineer and 

 Surveyor, to Frank S. Black. Governor, in Ap. Xo. 1. in An. Rept of State 

 Engr. for the year 1898, p. 277-364, inclusive; (4) Statement made in 

 reply to criticisms passed by the Canal Investigating Commission upon the 

 Department of Public Works in connection with the improvement of the 

 canals under the $9,000,000 improvement fund, by the Superintendent of 

 Public Works, George W. Aldridge; (5) Report of counsel, Austin G. Fox 

 and Wallace McFarlane, appointed by the Governor to prosecute certain 

 State officials for alleged criminal practices in carrying out the canal im- 

 provement under chapter 79 of the laws of 1895 and 794, laws of 1S96. 



