VI. 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. 14.) In the claim of THOMAS MCMANUS against THE STATE OF NEW YORK. Claim for expenses as one of the Hudson River Commissioners. Amount claimed, $452. Thomas McManus, the claimant, and the Attorney-General for the State having been heard, it is ordered that this claim be disallowed. CLAIMANT'S STATEMENT. The State of New York to Thomas McManus, Dr. For actual expenses as one of the Hudson River Commission, provided for in act of 1872, Session Laws, volume 1, page 862: To and from New York nine times.... Fare to and from Albany, forty times... $350 00 25 00 78 00 $453 00 STATE OF NEW YORK, CITY AND COUNTY OF ALBANY, 88.: Thomas McManus, being sworn, says the above account is true to the best of his knowledge and belief. Thomas McManus, being duly sworn says: That the annexed claim was presented to a committee of the Legislature; that said Committee of Ways and Means of the House would have allowed the same and had it inserted in the supply bill, only that the new Constitution prohibited the Legislature and provided for a State Board of Audit for all such claims; that this deponent will furnish any additional proof that may be deemed necessary, or deemed so in the opinion of the State Board of Audit. VII. 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; Frederick P. Olcott, Comptroller; Charles N. Ross, Treasurer, Board. Charles S. Fairchild, Attorney-General. (No. 21.) In the claim of ISRAEL NUSBAUM against THE STATE OF NEW YORK. Claim for extra services as Superintendent of Geological Hall, year ending May 1872. Amount claimed, $500. Israel Nusbaum, the claimant, and the Attorney-General for the State having been heard, it is ordered that this claim be disallowed. CLAIMANT'S STATEMENT. To the State Board of Audit: GENTS. The undersigned would respectfully represent to your board, that he was appointed superintendent of the State Geological Hall, and served as such for four years from May 1, 1868 to May 1, 1872; that his annual compensation was fixed by the Commissioners of the Land Office, at $1,000 per annum; that the Legislature made an additional allowance to such salary of $200, in 1869, 1870 and 1871, but omitted to make such allowance in 1872; that the Assembly of 1869, imposed additional duties on the undersigned as such superintendent, as appears from the annexed resolution of the Commissioners of the Land Office, adopted on 31st of March, 1869; and that for such additional services, the Legislature of 1870 and 1871, allowed $300 per annum, additional compensation, but omitted such allowance in 1872; the undersigned on the above statement of facts, claims that he is equitably entitled to the sum of five hundred dollars ($500), for additional compensation and extra services for the year ending May 1, 1872. Referring to the rules of your board the undersigned respectfully represents: FIRST. That he does not purpose to summon any witness, but relies on the action of the Legislature of 1869, 1870 and 1871, and on the annexed certificate of H. A. Nelson, Allen C. Beach, A. P. Nichols, W. H. Bristol, Van R. Richmond and M. B. Champlain, as sufficient evidence that the claim is just. SECOND. That the claim was presented to the Legislature of 1874, and the sum of $300 was inserted by the Committee of Ways and Means of the Assembly, in the supply bill, and was stricken out by the Finance Committee of the Senate. THIRD. The following are the references to the statutes making the allowances herein before referred to: 1569. Volume two, page 1933... 1870. Volume one, page 1100.. 1870. Volume one, page 1112. 1871. Volume two, page 1566.. 1871. Volume two, page 1560. $200 300 200 300 200 All of which is respectfully submitted. ISRAEL NUSBAUM. Dated ALBANY, September 26, 1876. I hereby certify that the statements contained in the foregoing petition are true in every respect to the best of my knowledge, inform ation and belief. ALBANY, September 26, 1876. STATE OF NEW YORK.} 88.: ISRAEL NUSBAUM. Israel Nusbaum being duly sworn, says that the foregoing statement is true. Subscribed and sworn to before me, ISRAEL NUSBAUM. HENRY GALLIEN, this 27th of September, 1876. Notary Public, Albany, N. Y. To the Finance Committee of the Senate: GENTLEMEN. The undersigned would respectfully represent to your committee that Mr. Israel Nusbaum was duly appointed superintendent of the State Geological Hall, and served as such for four years, from May 1, 1868, to May 1, 1872; that his compensation was fixed by the Commissioners of the Land Office at $1,000 per annum; that the Legislature made an additional allowance to such salary, of $200, in 1869, 1870 and 1871, but omitted to make such allowance in 1872; that the Assembly of 1869 imposed additional duties on said superintendent, as appears from the annexed resolution, and for such additional services the Legislature of 1870 and 1871 allowed said keeper $300 per annum additional compensation, but omitted such allowance in 1872. The undersigned would recommend that the usual allowance of $500 for the year ending May 1, 1872, be provided for in the deficiency, or supply bill, by your H. A. NELSON. committee. A. P. NICHOLS. W. H. BRISTOL. M. B. CHAMPLAIN. ALBANY, February 10, 1874. [Assembly, No. 73.] 3 At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, on Wednesday, the 31st day of March, 1869, at four o'clock, P. M. Present Lieutenant-Governor, Attorney-General, State Engineer and Surveyor, Speaker of the Assembly. On motion of the Attorney-General it was Resolved, That, pursuant to the direction of the Honorable Assembly, the Curator of the State Cabinet of Natural History and keeper of the State Geological Hall be directed to keep said hall open for inspection on Tuesday and Friday evenings of each week during the session of the Legislature, and to light the same so far as there may be facilities therefor. A true extract from minutes of Land Commissioners. D. WILLERS, Jr., Deputy Secretary of State. VIII. At a meeting of the State Board of Audit, held at the office of the Secretary of State, the February 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. 32.) In the claim of GEORGE F. HOTALING against THE STATE OF NEW YORK. Claim for injury received while working on the New Capitol. Amount claimed, $5,000. George F. Hotaling, the claimant, Orville C. Osborne, De Witt Van Leuvan, Dr. Reuben D. Clark, witnesses on the part of the claimant, and James Kilbourn and Dr. Henry Marsh, witnesses on the part of the State, having been sworn and examined, and James F. Fisher, Esq., counsel for the claimant, and the Attorney-General for the State having been heard, it is ordered that this claim be disallowed. CLAIMANT'S STATEMENT. STATE BOARD OF AUDIT, STATE OF NEW YORK. In the matter of the claim of GEORGE F. HOTALING. Before Hon. John Bigelow, Hon. Lucius Robinson, and Hon. Charles N. Ross, auditors. The petition of George F. Hotaling, of the city of Albany, N. Y., respectfully shows, That your petitioner was a laborer at and upon the New Capitol, in the city of Albany, during the spring of 1871; that on or about the 18th day of April, 1871, he, under the directions and control of superior workmen and servants of the State, was engaged in hoisting a large stone upon the building; that the chain used for the purpose of hoisting such stone was of an inferior quality, and was not of sufficient size and strength to support the weight of the stone, and owing to the carelessness, negligence, and want of ordinary care and inspection of the superior workmen and servants acting for the State in not providing a chain of sufficient strength, that the chain which was used broke, causing to your petitioner a severe injury by way of crushing his arm and shoulder, which injury disabled him to such an extent that he is still unable to labor; that your petitioner was in no way negligent, and that by reason of said. injury he has been ever since, and still is, greatly injured in gaining a livelihood for himself and family to his damage of $5,000. Your petitioner further states, upon information and belief, that this claim was presented to the Legislature of the State of New York, during the session of 1876, and rejected solely on the ground that the Legislature had no authority to audit the claim or to make an appropriation till, the claim had been audited. Your petitioner further states that he has stated his case to James F. Fisher, his attorney, who resides in Albany, N. Y., and he is advised by his said attorney, and verily believes the following to be material witnesses for your petitioner: NAMES AND RESIDENCES OF WITNESSES. George F. Hotaling, Albany, N. Y.; John Bridgford, Albany, N. Y.; James Kilbourn, Albany, N. Y.; Dewitt C. Van Leuven, Albany, N. Y.; Thomas Cavanaugh, Albany, N. Y.; O. Osborn, Albany, N. Y.; Garret Houghkirk, Albany, N. Y.; George Stevens, Albany, N. Y.; C. D. Mosher, Albany, N. Y.; Richard Coemiskey, Albany, N. Y. ALBANY CITY AND COUNTY, 88.: George F. Hotaling, being duly sworn, says the statements made in the above petition are true, except as to these matters stated upon information and belief, and as to those matters he believes them to be true. Sworn to before me this 19th day of December, 1876. GEORGE F. HOTALING. JNO. A. STEELE, Notary Public. |