more than was requisite to secure its passage in the convention. Most of the delegates from the eastern and from some of the central and western counties of the State, spoke and voted in favor of measures proposed to enable canal improvement to be carried on, while most of the delegates from other counties were arrayed against them.

The canal article was finally submitted separately from the other proposed constitutional amendments to the people for their approval at the general election in 1894. The friends of the measure and commercial bodies throughout the State urged its approval and it was ratified by a majority of 115,353 affirmative votes, which was a larger majority than was given to any other amendment submitted at that time. This vote was reassuring to canal advocates throughout the State and they lost no time in preparing a measure which was introduced by Mr. Edward M. Clarkson in the Assembly on January 9, 1895, providing for the issuing of bonds not exceeding nine million dollars in amount for the improvement of the Erie, Champlain and Oswego canals, and providing for the submission of that measure to a vote of the people at the general election in the year 1895. This bill passed the Assembly on January 19th and the Senate on February 21st, and with the approval of the Governor became a law on March 9, 1895. The bonds were to bear not to exceed 4 per cent. interest and to run for not more than 17 years.

The improvement contemplated consisted in the deepening of the Erie to not less than nine feet, except over aqueducts, mitre sills, and other permanent structures where there was to be eight feet of water, and except in the case of the Champlain canal where the depth was to be seven feet. Such locks as had not theretofore been lengthened were to be lengthened and made of the same dimensions as those already enlarged. Vertical stone walls were to be constructed and the aqueducts and bridges rebuilt where necessary. This measure was approved at the general election held in the fall of 1895.

The plan of improvement was that commonly known as the Seymour plan.

The report of the Canal Commission appointed by the Governor in 1898, of which the Hon. George Clinton was chairman, states:

"At the time the Act of 1895 was passed a considerable improvement of a portion of the canal had been made. Many locks on the Erie canal and some on the Oswego canal had been lengthened. Upon the Champlain canal deepening to the seven-foot standard had been accomplished in some places and the mitre sills of the locks adapted to the requirements of the improvement. . . . The work upon the Oswego canal was of a peculiar nature, consisting almost entirely of race dams and improving and canalizing the Seneca and Oswego rivers. . . . Before the convening of the Constitutional Convention in 1894, it was the general impression founded on no definite estimate that to deepen the canals and lengthen the locks would cost from seven to nine million dollars. That convention asked for an estimate. The State Engineer and Surveyor furnished one; the figures given by him were $11,573,000. This estimate was very defective. It had to be made in a few days without opportunity to make surveys and without sufficient data in the records to give any accuracy to the estimate. It was merely the best guess which the State Engineer could give, based upon such facts as he had at hand. . . . At the commencement of the work under the Act of 1895, the State Engineer's Department made an estimate based upon their preliminary surveys, which resulted in figures that in 1896 showed plainly that the cost would be at least $13,500,000, without any provision for engineering expenses, advertising, or inspection. These estimates the department at once proceeded to cut down with the idea that they might bring the expense within nine million dollars. This should not have been done. . . . As the work progressed it became plain that all prior estimates were too small and another one was prepared. This amounted to about $16,000,000, . . . and was made public through a letter from the State Engineer to Mr. Hefford of Buffalo. . . . Thus it finally appeared that seven million dollars more would be needed to complete the improvement; and now upon further investigation, based on figures furnished by the same official, it is apparent that a much larger sum will be necessary."1

The report proceeds to give further information in regard to the improvement undertaken in 1896 and to show that the

1. Report of Canal Commissioners appointed by the Governor; Chap. 15, Laws of 1898, as amended by Chap. 327, Laws of 1898.

appropriation was wholly inadequate to carry out the socalled Seymour plan. Prior to the appointment of such commission, all work under the nine-million dollar referendum measure was stopped by legislative enactment; contracts were closed and adjustments made with the contractors. The improvements were never completed and were the occasion of charges of fraud and misappropriation of funds, which led to the appointment of the investigating commission, with the results hereinbefore stated.

In the communication addressed to Robert R. Hefford, chairman of the Executive Canal Committee, Buffalo, N. Y., under date of December 22,1897, the State Engineer and Surveyor and Superintendent of Public Works summarize the salient points of the statement made by them in answer to the charges against them as follows:

1. That no surveys for such an improvement of the canals as is now under way had ever been made up to 1896.

2. That the estimated cost of this improvement, as submitted to the Constitutional Convention in 1894, was prepared in twelve days, and was, therefore, well known and stated to be practically mere guess work.

3. That the careful surveys and estimates when made in 1896 from a thorough examination of the 454 miles of canals to be improved showed that the probable cost of such improvement was about $16,000,000.

4. That an unsuccessful effort was then made to cut out work to bring the cost within the appropriated $9,000,000.

5. That the impossibility of using a large portion of the excavated material for use on the banks of the canals as originally contemplated very greatly increased the cost.

6. That during the progress of the work of excavation the unpreventable caving in of dilapidated and toppling walls and structures necessitated new constructions and increased quantities at large additional expense.

7. That contracts have been already let for the completion of about two-thirds of the proposed improvement, which portion it is expected will have been completed at the opening of navigation in 1898. The estimated cost at contract prices of this two-thirds of the work aggregates $7,121,812, though this covers two-thirds of the length and not the volume of the whole work.

8. The contracts already let cover what are believed to be the most difficult portions of the proposed improvement.

9. That proximately seven millions of dollars additional will be required to complete the improvement.

10. That with that sum available we believe the entire improvement can probably be completed at the opening of navigation in 1899.

II. That the progress made to date has been as rapid as was consistent with other conditions and that the whole work might have been under contract now, had sufficient funds been available.

12. The contractors are required by law to bid upon a definite character and quantity of work and that they are finally paid for the actual amount of work performed at the contract prices. Under this plan the State always pays for the work actually done for itno more, no less.

What steps shall be taken to complete the work must of course be determined by the Legislature, but that its prompt completion on the lines on which it is begun is a necessary, wise and expedient undertaking, can not be gainsaid.

From this and the Clinton Report it will be seen that it was impossible for the State Engineer and Surveyor from data in his office to certify to the Constitutional Convention of 1894, the cost of the improvement authorized by the Referendum Measure of 1895.

XIX. ENLARGEMENT

MEASURES THE SHIP CANAL PROPOSITION.

During the legislative session of 1898, before the appointment of the Clinton Commission and after the letter from the State Engineer and Surveyor to Robert R. Hefford had been made public, in which it was stated that it required seven million dollars more to complete the improvement under the Seymour plan, Senator Jacob A. Cantor in the Senate, and I, in the Assembly, introduced what is known as the Seven Million Dollar Referendum Measure, designed to provide for the issuing of bonds to that amount to complete the improvement undertaken under the nine million dollar referendum measure. The bill was introduced concurrently in the Senate and Assembly and shortly thereafter a counter proposition was introduced by Senator Frank D.

Pavey, of New York, in the form of a resolution, designed to turn over the canals to the Federal Government.

The resolution proposed to amend Section 8 of Article 7 of the Constitution by providing that the prohibition against the sale, lease or other disposal of the canals of the State should not apply "to the sale, lease or other disposition of said canals or either of them to the United States Government, upon such terms as might be mutually agreed upon, and upon the express condition that the United States shall improve, maintain and operate the same as a free public waterway, and, in case of failure by the United States so to do, that the said canals or either of them, together with all improvements made thereon shall revert to and again become the property of the State of New York."1

This was not a new proposition. As early as 1808 a joint legislative committee had been appointed to consider the propriety of making a survey for a canal between the Hudson river and Lake Erie, "to the end that Congress may be enabled to appropriate such sums of money as may be necessary to the accomplishment of that great national object." That committee reported by resolution, which was adopted, directing the Surveyor-General to make accurate surveys and charts and to transmit a copy of the same to the President of the United States.

On April 8, 1811, an Act was proposed, authorizing the appointment of commissioners who were empowered to make application to the Congress of the United States and to the legislatures of the various states, to coöperate in providing for the improvement of the internal navigation of the State. The commissioners made application to the President and to the Congress of the United States, and to the different states and territories. A bill was prepared for a general system of internal improvements in various states and granting 4,000,000 acres of lands in Michigan and Indiana territories to the State of New York, as soon as the