No. 73. IN ASSEMBLY, March 7, 1877. REPORT OF THE STATE BOARD OF AUDIT. STATE OF NEW YORK: OFFICE OF THE SECRETARY OF STATE, Hon. GEORGE B. SLOAN, Speaker of the Assembly: SIR.In compliance with the resolution of the Assembly of the second instant, I have the honor to transmit the accompanying report. I am, sir, with great respect, your obedient servant. JOHN BIGELOW. STATE OF NEW YORK: OFFICE OF THE SECRETARY OF STATE, To the Legislature of the State of New York: In compliance with chapter 444 of the Laws of 1876, creating a State Board of Audit, and with the request contained in the resolution of the Assembly of the second instant, I have the honor to report such decisions as have been made by this board since my last report. The accompanying table, marked "A," is an abstract of awards made by the State Board of Audit, from January 9, 1877, to and including February 28, 1877. Numbers one to fifteen, inclusive, give "a full list of all claims and accounts acted upon by said board, with the evidence taken and their action on each thereof." I am, sir, with great respect, your very obedient servant. JOHN BIGELOW. [Assembly, No. 73.] 1 (A) ABSTRACT of awards made by the State Board of Audit, from January 9, 1877, to and including February 28, 1877. I. At a meeting of the State Board of Audit, held at the office of the Secretary of State, the January term, in the year 1877. Present John Bigelow, Secretary of State; Frederic P. Olcott, Comptroller; Charles N. Ross, Treasurer, Board. Charles S. Fairchild, Attorney-General. (No. 27.) In the claim of S. H. ARNETT against THE STATE OF NEW YORK. Claim for goods furnished the State Asylum for Insane Criminals at Auburn. Amount claimed $254.48. Ordered, that the provisions of the law affecting the purchase and delivery of the articles enumerated in the bill of the claimant not having been complied with, it is disallowed. Mr. Ross dissenting. AUBURN, N. Y., 1876. Superintendent State Asylum for Insane Criminals: To S. H. ARNETT, Dr., dealer in cook and parlor stoves and, house furnishing goods, sole agent for the celebrated Burtis furnace, tin roofing and all kinds of job work done with neatness and despatch, No. 39 Genesee street. I, S. H. Arnett, being duly sworn, depose and say, that the articles named in or services rendered, according to the above bill, have actually been furnished or rendered to the late James W. Wilkie, late superintendent of the State Asylum for Insane Criminals, and that no part thereof has been paid or satisfied. Sworn and subscribed to before me this 30th day of October, 1876. 1 S. H. ARNETT. A. L. PALMER, Notary Public. STATE ASYLUM FOR INSANE CRIMINALS, In answer to a request to certify the above bill, I would state that while I have no personal knowledge respecting the purchasing of the articles or the rendering of the services named therein, I find articles on the asylum premises, answering to the description of some of those named in the bill, and I have no reason to doubt the validity of the entire bill. CARLOS F. MACDONALD, Medical Superintendent. I, Harriet A. H. Wilkie, being duly sworn, depose and say, that the late Dr. James W. Wilkie, late superintendent of the State Asylurn for Insane Criminals, was my husband, and that the goods and services enumerated in the within bill were furnished by S. H. Arnett, of the city of Auburn, to the said James W. Wilkie, for use in said asylum, and that to my knowledge and belief no part thereof has been paid or satisfied. Subscribed and sworn to before me this 13th day of November, 1876. HARRIET A. H. WILKIE. A. L. PALMER, Notary Public. II. At a meeting of the State Board of Audit held at the office of the Secretary of State, the January term, in the year 1877. Present-John Bigelow, Secretary of State; Frederic P. Olcott, Comptroller; Charles N. Ross, Treasurer, Board. Charles S. Fairchild, Attorney-General, (No. 30.) In the claim of MARIA E. MYGATT, residuary legatee against THE STATE OF NEW YORK. Claim for legal services rendered to the Commissioners of the Land Office by Henry A. Mygatt, deceased. Amount claimed, $500. William A. Mygatt having been sworn and examined on the part of the claimant, and the Attorney-General, for the State, having been heard, it is ordered that E. Maria Mygatt be allowed the sum of $500. CLAIMANT'S STATEMENT. To the Honorable the Board of Audit of the State of New York: The claim of E. Maria Mygatt as the residuary legatee named in the last will and testament of Henry R. Mygatt, deceased, is for services rendered by her testator in his lifetime, and during a portion of the years of 1870 and 1871, on the retainer of the Commissioners of the Land Office in opposing proceeding by mandamus against the treasurer of the New York State Inebriate Asylum. During the lifetime of the said Henry R. Mygatt he prepared a bill for services and disbursements incurred in defending the said proceedings, amounting in the aggregate to $1,022.36. The said Mr. Mygatt was unable to give his personal attention to presenting said claim to the Legislature, owing to a long and dangerous illness which terminated in his death; but the said bill was presented to the Legislature in 1874, and the legislative committee which pretended to audit and allow the claim, state that they allowed Mr. Mygattin full for his services as counsel and his disbursements, etc., the sum of $522.36." (Session Laws, 1874, page 387) They, in fact, allowed him only about $250 for his services as counsel, above his disbursements and interest, and allowed nothing under his employment as attorney. Mr. Mygatt was of the opinion that the legislative committee to whom the claim was presented did not fully understand the merits of his claim, and intended to have a rehearing that the additional $500 might be allowed, but his health did not improve, and he died before the claim was again presented. The During the last session of the Legislature the bill was presented by the executor of Mr. Mygatt to the Ways and Means Committee, with the addition of certificates from Lieutenant-Governor Beach, Comptroller Nichols and Treasurer Bristol, who were Commissioners of the Land Office at the time the services were rendered. Committee on Ways and Means conceded that the balance of the bill, $500, should be allowed, but thought that under the amendment to the Constitution in 1874 (Laws of 1874, page 928, § 19), they had not authority to audit the said bill. The executors of the said Mr. Mygatt then drew the amount appropriated in 1874, being $522.36. Your claimant presents herewith: |