By chapter 822, Laws of 1869, and chapter 492, Laws of 1870, Governor Hoffman had over $30,000 appropriated to turn a portion of the soon-to-be razed hotel into his "executive mansion." Other rooms were sub-let to the "New Capitol Commissioners, Regents of the University and Judges," on negligible terms. Located somewhere on the property remained "two houses occupied by Misses Winne," and not to cast aspersions lightly, but that would seem an awfully active and dusty a habitat in which to domicile maidens.
But at a point in 1875, scandal broke out in the newspapers, and the Commissioners of the Land Office who are named in this 1877 Assembly document---Vol. V., No. 41, transcribed below---were forced into the appearance of action. Made up of the top seven elected officials under the Governor, acting ex officio, this role increased their power of patronage, but apparently also their vulnerability. In the nearly 11 years covered, spanning May, 1865 to Jan. 1877, I count four Lieutenant-Governors, and Speakers of the Assembly; five State Engineer-Surveyors, and State Treasurers; six Comptrollers, and Attorneys-General; and seven Secretaries of State. But if their careers were brief, they were also recyclable, with yesterday's Comptroller or Secretary of State turning up as tomorrow's Governor or United States Senator.
But the real point I hope to convey to anyone out there reading this, was revealed to me in an examination of the document itself. Just when Attorney-General Daniel Pratt was about to take some vigorous action in the mid-1870's, I realized the document was missing pages 20 and 21, and I was left in the dark. Scanned from a usually trust-worthy source at the University of Michigan, it had been uploaded to archive.org in September, 2007. But the file had been wrongly dated within its title, as being "1831," which probably hinders searches. These two pages could have been carefully cut out of the book with a razor blade, without anyone noticing anytime in the last 140 years. Now I know with certainty of a location that's likely to carry something deliciously suppressible.
Another impressive lacuna turned up right before my eyes---so I've excerpted a section from the original page image for you can see for yourself:
When some fact is very troublesome, someone could attempt to get it blurred in the typesetting of a legislative document, but if a factual detail is omitted noticeably, like a form someone failed to fill out, you can only hope it isn't discovered, or it leaves a worse taste than an indigestible fact would have. Although these resolutions were "laid upon the table," by the Commissioners, that is a nicety that doesn't include erasure of what was considered,
Another technique would be called the insertion. This excerpt from a New York Times article states unmistakably that the originating New Capitol appropriation of $10,000 was unlawfully inserted into a legislative bill without one house considering, voting, or even knowing about it.
The Assembly of the State of New York.
One Hundredth Session---1877
Volume V.---Nos. 40-49, Inclusive.
Jerome B. Parmenter, State Printer 1877
No. 41.
IN ASSEMBLY,
February 7, 1877.
REPLY OF THE SECRETARY OF STATE TO A RESOLUTION OF THE ASSEMBLY RELATIVE TO CONGRESS HALL BUILDINGS, WITH COMMUNICATION FROM THE BOARD OF LAND COMMISSIONERS.
Office Of The Secretary Of State,
Albany, January, 1877. To the Honorable George B. Sloan:
Sir.—The following resolution of the Assembly has been received st this office:
State Of New York:
In Assembly, Albany, January 15, 1877. Resolved, That the Secretary of State be directed to report to this Assembly, within ten days, the terms of the contract between the State and the tenant of Congress Hall, the amount ef rent received from him and the amount remaining due and unpaid, and the proceedings of the Board of Land Commissioners in relation to said contracts and accounts.
By order. Edward M. Johnson,
Clerk.
I availed myself of the earliest opportunity to lay this resolution before the Board of Land Commissioners who have custody of the records which furnish the desired information, and I am directed by that board to transmit to you the following report, in which will be found the terms of the contract now subsisting between the State and Adam Blake, the tenant of Congress Hall, so far as there is any, and the amount of rent received from him; the amount remaining due and unpaid as nearly as can be ascertained without an investigation of the validity of the counter-claims which have been made by Mr. Blake for damages and repairs, together with an abstract of all the proceedings of the Board of Land Commissioners in relation to said contracts and accounts.
I am, sir, with great respect,
Your obedient servant.
JOHN BIGELOW,
Secretary of State.
REPORT FROM THE SECRETARY OF STATE RELATIVE TO CONGRESS HALL BUILDINGS.
* * * * * * *
At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, on the 17th day of October, 1865.
Present — Hon. Thomas G. Alvord, Lieutenant-Governor; Hon. Chauncey M. Depew, Secretary of State; Hon. Lucius Robinson, Comptroller; Hon. George W. Schuyler, Treasurer; Hon. John Cochrane, Attorney-General; Hon. W. B. Taylor, State Engineer and Surveyor; Hon. George G. Hoskins, Speaker of the Assembly.
The Comptroller offered the following resolution: Resolved, That this board is willing that Congress Hall property, except so much thereof as may be in use for public offices, should be occupied for a hotel without rent, provided that it be kept by a suitable person, and that it be surrendered to the State at any time upon thiity days' notice.
On motion the resolution was adopted.
* * * * * * * *
At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, on the 14th day of November, 1865.
Present—Hon. Thomas G. Alvord, Lieutenant-Governor; Hon. Chauncey M. Depew, Secretary of State; Hon. George W. Schuyler, Treasurer; Hon. John Cochrane, Attorney-General; Hon. William B. Taylor, State Engineer and Surveyor; Hon. George G. Hoskins, Speaker of the Assembly.
The Secretary of State offered the following:
Resolved, That the Lieutenant-Governor be authorized to negotiate with Mr. H. T. Bradt, or any other person, for the use and occupancy of the Congress Hall property, in reference to the enjoyment of the same for the benefit of the State officers and members of the Legislature the coming session, on the best possible terms for their accommodation.
On motion the resolution was adopted.
* * * * * * * *
At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, on Friday, the 4th day of May, 1865.
Present—Hon. Thomas G. Alvord, Lieutenant-Governor; Hon. Francis C. Barlow, Secretary of State; Hon. Thomas Hillhouse, Comptroller; Hon. Joseph Howland, Treasurer; Hon. John H. Martindale, Attorney-General; Hon. J. Platt Goodsell, State Engineer and Surveyor.
The Lieutenant-Governor presented the following resolution: Resolved, That the Comptroller, Lieutenant-Governor aud Secretary of State be a committee on the part of the Commissioners of the Land Office to take charge of the Congress Hall property, and with power to confer from time to time with the Commissioners for building a new Capitol in reference to the plans for said building. On motion the resolution was adopted.
* * * * * * *
At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, on Wednesday, the 27th day of May, 1868, at 3 o'clock P. M.
Present—Hon. Homer A. Nelson, Secretary of State; Hon. William F. Allen, Comptroller; Hon. Wheeler H. Bristol, Treasurer; Hon. "Van R. Richmond, State Engineer and Surveyor; Hon. William Hitchman, Speaker of the Assembly.
The Comptroller reported:
Resolved, First. That the action of the Comptroller be, and the same is hereby ratified and confirmed, and that the said premises, except the two houses occupied by Misses Winne, be rented and leased to said Blake upon the terms and conditions named, until the same shall be wanted by the State for the purpose of, and to make way, for the New Capitol, and the improvements connected therewith, or the Legislature otherwise order, the rent over and above the amount expended in repairs and improvements to be paid quarterly. Second. That the repairs and improvements be made under the direction of the keeper of the Capitol, who shall audit the bills therefor. Third. That in case Misses Winne 6hall surrender or yield up the possession of the two houses occupied by them, that the whole premises be leased to said Blake upon the terms proposed, and upon the conditions before named. Fourth. That the said lease, and right of occupation is not assignable, and shall terminate and cease upon a transfer or assignment thereof, or upon an under-letting by said Blake, of any part of said premises without the written consent of the Commissioners of the Land Office.
* * * * * * * *
At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, on Wednesday, the 17th day of June, 1868, at three o'clock, P. M.
Present — Hon. Stewart L. Woodford, Lieutenant-Governor; Hon. Homer A. Nelson, Secretary of State; Hon. William F. Allen, Comptroller; Hon. Wheeler H. Bristol, Treasurer; Hon. M. B. Cliamplain, Attorney-General; Hon. Van R. Richmond, State Engineer and Surveyor.
The Lieutenant-Governor offered the following resolution: Resolved, That the connection between the Congress Hall and the end building to be occupied by Mr. Blake, be made through the rear hall of the building, and that the bakers be removed from the basement of the house now occupied by Misses Winne. On motion of the Treasurer the resolution was laid upon the table.
* * * * * * *
At a meeting of the Commicsioners of the Land Office, held at the office of the Secretary of State, on Wednesday, the 4th day of May, 1870, at ten o'clock A. M.
Present—Hon. Allen C. Beach, Lieutenant-Governor; Hon. Homer A. Nelson, Secretary of State; Hon. William F. Allen, Comptroller; Hon. Wheeler H. Bristol, Treasurer; Hon. M. B. Champlain, Attorney-General; Hon. Van K. Richmond, State Engineer and Surveyor.
The Treasurer presented the following report:
The undersigned have examined the accounts of Adam Blake, for expenses incurred in repairs to Congress Hall building, and find his statement to correspond with the vouchers presented, and that he has expended on such repairs the sum of $12,500, and that the amount due for rent of said building from May 27th, 1868, to May 27th, 1870, is $5,000, leaving a balance of $7,500, to be applied upon the rent as it becomes due.
W. H. BRISTOL. VAN R. RICHMOND. On motion of the Comptroller, the report was agreed to.
* * * * * * *
At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, on Thursday, the 16th day of Jane, 1870, at eleven o'clock, A. M.
Present — Hon. Allen C. Beach, Lieutenant-Governor; Hon. William F. Allen, Comptroller; Hon. Wheeler H. Bristol, Treasurer; Hon. Van R. Richmond, State Engineer and Surveyor.
The Treasurer presented the following preamble and resolution, which were adopted:
Whereas, In the progress of the construction of the New Capitol it has become necessary to take down a portion of the west end of the Congress Hall building, and
Whereas, It is proposed to make an extension on the south side of said Congress Hall building in connection with the work necessary to reinclose the same, and it is believed that much of the matter removed on the west side may be used advantageously in such extension, and. that the room is needed for the purpose of offices, committee rooms, &c, in connection with its present use, therefore
Resolved, That a committee of this board, consisting of the Comptroller and State Treasurer be, and they are hereby authorized in connection with the Capitol Commissioners to cause said Congress Hall building to be extended on the south to such distances, and in such form, as in their judgment will fully accomplish the purpose designed.
* * * * * * *
At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, on Saturday, the 6th day of August, 1870, at eleven o'clock, A. M.
Present — Hon. Allen C. Beach, Lieutenant-Governor; Hon. Asher P. Nichols, Comptroller; Hon. Wheeler H. Bristol,Treasurer; Hon. Van R. Richmond, State Engineer and Surveyor.
The Treasurer offered the following preamble and resolution, which were adopted:
Whereas, The committee appointed by this board, under a resolution adopted June 16, 1870, in relation to certain improvements proposed to the Congress Hall building, having procured and presented plans of snch proposed improvements, therefore
Resolved, That the plans presented to this board being five sheets marked respectively A, B, C, D and E be, and they are hereby approved by this board, and the said committee are instructed to carry out the same with such modifications as in their judgment will be proper to carry out the end proposed.
* * * * * * * *
At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, on Thursday, the 7th day of April, 1871, at one o'clock P. M.
Present — Hon. Allen C. Beach, Lieutenant-Governor; Hon. Asher P. Nichols, Comptroller; Hon.Wheeler H. Bristol, Treasurer; Hon. M. B. Champlain, Attorney-General; Hon. Van R. Richmond, State Engineer and Surveyor.
The Treasurer submitted the following communication which was unanimously adopted by the board, and the clerk of this board was directed to transmit a certified copy thereof to the chairman of the Committee of Ways and Means of the Assembly:
To the Honorable Committee of Ways and Means of the Assembly: By chapter 830, Laws of 1868, organizing the Commission of the New Capitol, it was provided that "the building known as Congress Hall buildings and the present Capitol and State Library building shall not be removed or disturbed until farther directions by the Legislature," upon the faith of the enactment, the Commissioners of the Land Office leased the property known as Congress Hall building to Adam Blake upon the condition that the same was put in good repair, and make such improvements as should be necessary for the occupation of the building as a first-class hotel, the expense of such repairs to apply upon the rent. Mr. Blake was already in possession of the property and had invested considerable money in furnishing the same upon an uncertain term. The rent was fixed at $2,500 per year for the portion he occupied, which includes all the building except that now occupied for the executive residence.
The buildings were then in such condition as to require immediate and expensive repairs; the duration of the lease was until the same should be required by the Legislature. Mr. Blake proceeded and put the building in repair and furnished the same suitable for a first-class hotel in compliance with his lease; it is represented to us that in the early part of the last summer, the Commissioners of the New Capitol considered it necessary to remove a portion of the west part of the main building and also the wing attached in order to greatly facilitate the construction of the walls of the New Capitol; by so doing they destroyed a portion of the dining room and the whole of the kitchen and cooking arrangements connected therewith, and also the total destruction of thirty-five bed-rooms and parlors, rendering the entire house nearly unfit for occupation while the work was going on. The rear of the executive mansion was exposed, rendering it inconvenient for its occupant.
Mr. Blake, finding the property nearly useless under his lease availing himself of such means as he had, and such means as he could command by his personal credit, proceeded to rebuild the part so removed, and in compliance with his lease to put the same in condition for a first-class hotel, relying upon the State thereafter to do him justice in the premises. It is represented to us that such expenditures has involved him seriously and deeply in debt for nearly its whole cost. Mr. Blake has presented his vouchers for his claims to the Commissioners of the Land Office. The Commissioners have no power to make any adjustment of the claims and have taken no official cognizance or action in the matter, while they are of opinion Mr. Blake was dispossessed in violation of his lease and in violation of law, yet this board has no power to make reparation of the claim.That authority is vested only in the Legislature. It is a simple case of a tenant wrongly dispossessed of the property held under his lease for which he could have a just claim for damages.
It may be mentioned that committee rooms were provided in the building in obedience to the requirements of the Legislature in the part newly erected, and that it has been the policy of former Legislatures and others connected with the work of the New Capitol, including citizens of Albany to preserve this property as a hotel for the accommodation of the public until the time should come for its final removal. Mr. Blake proposes to the Commissioners hereafter to pay an increased rental of $3,500, making the total rent $6,000 per year for the property in its improved condition. In the opinion of the Commissioners the case appeals strongly to the justice and liberality of the Legislature.
Respectfully, etc.
W. H. BRISTOL,
Treasurer.
* * * * * * *
At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, on Wednesday, the l0th day of May, 1871, at twelve o'clock, P. M.
Present — Hon. Allen C. Beach, Lieutenant-Governor; Hon. Asher P. Nichols, Comptroller; Hon. Wheeler H. Bristol, Treasurer; Hon. Van R. Richmond, State Engineer and Surveyor.
The State Engineer and Surveyor offered the following resolution, which was adopted:
Resolved, That it be referred to the Treasurer and Attorney-General to examine the accounts of Adam Blake for expenditures on Congress Hall building, and report the amount due to him to be paid as provided for per chapter 715, Laws of 1871.
The Treasurer offered the following resolution, which was adopted:
Resolved, That the Comptroller be authorized to draw his warrant in favor of Adam Blake for the sum of $20,000 on account of his expenses incurred in repairs upon Congress Hall building as per ehapter 715, Laws of 1871.
* * * * * * *
At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, the 17th day of June, 1871, at eleven o'clock, A.M.
Present — Hon. Allen C. Beach, Lieutenant-Governor; Hon. Asher P. Nichols, Comptroller; Hon. Wheeler H. Bristol, Treasurer; Hon. M. B. Champlain, Attorney-General; Hon. Van R. Richmond,
State Engineer and Surveyor.
The Treasurer presented the following report and account: We have examined the annexed account of Adam Blake for expenses incurred in repairing Congress Hall buildings, and believe them to be correct, and recommend the payment of the bill.
W. H. BRISTOL,
M. B. CHAMPLAIN,
Committee.
State of New York, To Adam Blake, For expenses incurred in repairing Congress Hall Building as per
following statement:
Paid Clemishire & Bryce, carpenters $10,366 87
J. Bridgeford, mason 5,238 00
J. Houghtailing, carpenter 471 81
Tucker & Crawford, steam and gas-fitting 2,503 05
H. McKeon, mantles 378 70
T. B. Franklin, roofing 876 50
John Palmer, painting 1,187 90
William Stott, trimming. 43 26
J. & J. Blackall, bell-hanging: 259 94
Branion & Bro., plumbing 1,675 07
J. H. Ingmire, papering 830 49
E. H. Seymour, carpenter 75 65
J. Strong, carpenter 300 00
J. McCann, gas-fitting 265 58
C. G. Palmer, carpenter 80 63
A. Weller, grates and ranges 412 79
L. Pruyn & Son, hardware. 106 60
A. McClure, paints 179 72
J. N. Parker, carpenter (2 32
Total $25,324 88
On motion the report was agreed to and adopted and the Comptroller directed to draw his warrant on the Treasurer jn favor of Adam Blake for $5,324.88, that being the balance due him upon said account.
On motion of the Treasurer it was
Resolved, That the buildings known as Congress Hall, be leased to Adam Blake until snch time as the same shall be required by act of Legislature, at an annual rent of $6,000 per year, subject to provisions of former lease.
At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, on Saturday, the 16th day of December, 1871, at twelve o'clock, P. M.
Present — Hon. Allen C. Beach, Lieutenant-Governor; Hon. Asher P. Nichols, Comptroller; Hon. Wheeler H. Bristol, Treasurer; Hon. M. B. Champlain, Attorney-General; Hon. Van R.Richmond,
State Engineer and Surveyor.
The Treasurer offered the following resolution, which was adopted: Resolved. That the sum of $1,980.31 expended by Adam Blake in repairs upon Congress Hall buildings, and not included in former settlement as appears by vouchers, be allowed to said Blake to applyon rent of said buildings, and that the lease of said property commence on the 1st day of October, 1871, at the rental provided for bv chapter 715, Laws of 1871, subject to the conditions of the former lease.
* * * * * * *
At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, on Thursday, the 5th day of December, 1872, at twelve o'clock, P. M.
Present — Hon. Allen C. Beach, Lieutenant-Governor; Hon. G. Hilton Scribner, Secretary of State; Hon. Nelson K. Hopkins, Comptroller; Hon. Francis C. Barlow, Attorney-General; Hon. William B. Taylor, State Engineer and Surveyor.
On motion of the Comptroller it was
Resolved, That the Secretary of State be added to the committee to whom was referred the matter of selling the furniture and disposition of the rooms of the Governor's house, and that said committee i*and they are hereby authorized to rent the Governor's house to Adam Blake for the sum of $1,500 per annum.
* * * * * * *
At a meeting of the Commissioners of the Land Office, held at toe office of the Secretary of State, on Wednesday, the 26th day of February, 1S73, at four o'clock, P. M.
Present — Hon. John C. Robinson, Lieutenant-Governor; Hon. Francis E. Barlow, Attorney-General; Hon. William B. Taylor, State Engineer and Surveyor.
A communication from the Assembly was read, asking for information regarding the length of time and the terms upon which the property known as Congress Hall is rented.
The clerk of the board submitted draft of report on the above communication, which was adopted and ordered transmitted.
* * * * * * *
ASSEMBLY DOCUMENT No. 68, 1873.
Reply of the Commissioners of the Land Office to a resolution of the Assembly relative to the length of time and terms upon which Congress Hall is rented.
STATE OF NEW YORK:
Department Of Secretary Of State, Albany, February 27, 1873. Hon. Alonzo B. Cornell, Speaker of the Assembly.
Sir.— By direction of the Commissioners of the Land Office I herewith transmit their reply to the resolution of the Assembly, adopted on the 19th day of February instant.
Very respectfully.
ANSON S. WOOD,
Dep. Sec. of State, and Clerk of Com. of the Land Office.
REPORT.
To the Honorable the Legislature:
The Commissioners of the Land Office in reply to the following resolution of the Assembly:
"Resolved, That the Commissioners of the Land Office report to this House, within five days, the length of time and the terms upon which the property known as Congress Hall is rented," submit the following:
The Commissioners of the Land Office, on the 27th day of May, 1868, rented and leased Congress Hall to Adam Blake for the term, "until the same shall be wanted by the State for the purpose of, and to make way for the New Capitol, and the improvements connected therewith, or the Legislature shall otherwise order;" the rental of the building, exclusive of that portion subsequently known as the Executive Mansion, was fixed at $2,500 per annum, the surplus over and above amount expended by said Blake in repairs and improvements, payable quarterly.
By the act, chapter 715, Laws of 1871, the rent was fixed not less than $6,000 per annum, in the discretion of the Commissioners of the Land Office; on the 5th day of December, 1872, the part formerly occupied as an Executive Mansion was leased to said Blake, upon being vacated by the Governor, for the annual rental of $1,500, making in all a total annual rental of $7,500. Albany, February 26, 1873.
Respectfully submitted,
JOHN C. ROBINSON,
Lieutenant-Governor.
FRANCIS C. BARLOW,
Attorney-General.
W. B. TAYLOR,
State Engineer and Surveyor.
* * * * * * * *
At a meeting of the Commissioners of the Land office, held at the office of the Secretar y of State, on Thursday, the 19th day of Match, 1874, at four o'clock, P. M.
Present — Hon. John C. Robinson, Lieutenant-Governor; Hon. Diedrich Willers, Secretary of State; Hon. Nelson K. Hopkins, Comptroller; Hon. Thomas Raines, Treasurer; Hon. James W. Husted, Speaker of the Assembly.
The Treasurer presented the claim of the lessee of the Congress Hall property, Albany, for deduction from the rent to be paid by him to the State for said building.
On motion of the Comptroller, the claim was referred to the Treasurer and Attorney-General.
* * * * * * * *
At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, on Tuesday, the 12th day of May, 1874, at four o'clock, P. M.
Present—Hon. Diedrich Willers, Jr., Secretary of State; Hon. Nelson K. Hopkins, Comptroller; Hon. Thomas Raines, Treasurer; Hon. Daniel Pratt, Attorney-General; Hon. Sylvanns H. Sweet, State Engineer and Surveyor; Hon. James W. Husted, Speaker of the Assembly.
The Secretary of State called for information whether Adam Blake, lessee of the Congress Hall property, in the City of Albany, had paid up the rent due the State therefor to the 1st day of May instant.
On motion of the Comptroller, the matter was referred to the Treasurer to report to this Board thereon.
* * * * * * * *
At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, on Tuesday, the 8th day of September, 1874, at tour o'clock, P. M.
Present — Hon. John C. Robinson, Lieutenant-Governor; Hon. Diedrich Willers, Jr., Secretary of State; Hon. Nelson K. Hopkins, Comptroller; Hon. Thomas Raines, Treasurer; Hon. Daniel Pratt, Attorney-General; Hon. Sylvanns H. Sweet, State Engineer and Surveyor; Hon. James W. Husted, Speaker of the Assembly.
The Secretary of State presented the following report:
To the Honorable the Commissioners of the Land Office of the State of New York:
The undersigned respectfully begs leave to report to your honorable board, pursuant to its resolution of May 12, 1874, referring to the treasurer, an inquiry in respect to payments of rent to the State by the lessee of Congress Hall.
That there are no entries upon the books of his office of any payments made to the State by said lessee on account of rent, and that no money payments have been made by him for or on account of the rent of said property.
The undersigned begs leave, however, to submit herewith a statement of the account of the said lessee with the State in respect to said property derived from an examination of the records of the land office, and showing the allowances made to said lessee by the State, and the amount, of rents due from time to time and still remaining due from him.
He deems it not inappropriate to call the attention of the board in this connection to a statement also submitted herewith showing expenditures made by the State for, and on account, of the building repairs, furnishing, fitting, &c, of Congress Hall, with a reference to the legislative acts under which the expenditures or payments have been made, showing a total outlay by the State for the maintenance, preservation and furnishing of the property of $70,564.19.
The attention of the board is called to the fact, however, that some portion of the outlays mentioned in the last statement have been made for furniture supplied to the Executive residence.
August 13, 1874.
All of which is respectfully submitted.
ABRAHAM LANSING,
Treasurer.
Adam Blake, Proprietor Of Congress Hall, In Account With The State Of New York.
1870. May 27. To rent to date at $2,500 per year $5,000 00
1871. October 1. To rent to date at $2,500 per year 3,354 16
1873. January 1. To rent to date at $6,000 per year 7,500 00
1874. January 1. To rent including that part
previously occupied by Governor Hoffman, $7,500, 10,000 00
$25,854 16
1874. May 1. To balance due for rent to date $11,364 85
1870. May 4. By allowance for repairs $12,500 00
1871. December 16. By allowance for repairs 1,989 31
Balance 11,364 85
Statement Of Expenses For Repairs And Rebuilding Portions Of Congress Hall:
1871. May 10 and June 17. Appropriated by chapter 715,
Laws of 1871, for materials and buildings including gas and steam fitting, painting, grates and ranges, papering, plumbing, bell-hanging, etc $25,324 88
Appropriation per chapter 822, Laws of 1869, for repairing, fitting and furnishing *25,000 00
Appropriation per chapter 492, Laws of 1870, for fitting and furnishing *5,750 00
( * Items expended in fitting up and furnishing a portion of Congress Hall building for Governor Hoffman, as an Executive mansion.)
Add amount allowed to Adam Blake for repairing, May, 1870, and December, 1871. $14,498 31
Total outlay $70,564 19
On motion of the Comptroller, the report was laid upon the table.
* * * * * * *
At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, on "Wednesday, the 23d day of December, 1874, at two o'clock, P. M.
Present—Hon. John C. Robinson, Lieutenant-Governor; Hon. Deidrich Willers, Jr.. Secretary of State; Hon. Nelson K. Hopkins, Comptroller; Hon. Daniel Pratt, Attorney-General; Hon. Sylvanns H. Sweet, State Engineer and Surveyor.
The Secretary of State presented the following preamble and resolutions:
Whereas, Adam Blake, lessee of the State property in the city of Albany known as Congress Hall, has made no payment into the State Treasury on account of rent of said premises, and there remained due the State on the first day of May, 1874, on account of rent due, from him therefor, the sum of $11,364.85, exclusive of interest thereon from time to time; and, whereas, the further sum of $4,375 has accrued for rent of said premises for the period of seveu months, from May 1st to December 1st, 1874, making a total amount of $15,739.85, with the further sum of $625 to fall due on the 1st day of January, 1875, subject to deduction for outlays for such necessary repairs as are authorized in the lease (since December, 1871,) as may be approved and audited by this Board; therefore,
Resolved, That the Attorney-General, on behalf of this Board, make a demand upon said Adam Blake for said amounts of rent due, with the interest accrued thereon, and in case the same are not paid, that said Attorney-General bring an action against said Blake tor the recovery thereof, and take such steps as may be necessary, if any, to terminate the lease and occupancy of said property by said Adam Blake.
Resolved, That hereafter the rent for said premises be payable to the State Treasurer on the 1st day of each month.
Resolved, That hereafter no repairs or improvements upon said Congress Hall buildings, which would become chargeable against the State, be made, or charge therefor incurred, except upon the order and with the consent of this Board.
The State Engineer and Surveyor moved to lay said preamble and resolution upon the table. Carried. The Secretary of State voting in the negative.
* * * * * * *
At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, on Thursday, the 31st day of December, 1874, at two o'clock, p. M.
Present—Hon. John C. Robinson, Lieutenant-Governor; Hon. Diedrich Willers, Jr., Secretary of State; Hon. Nelson K. Hopkins, Comptroller ; Hon. Daniel Pratt, Attorney-General; Hon. Sylvanus H. Sweet, State Engineer and Surveyor.
On motion of the State Engineer and Surveyor the preamble and resolutions relative to Congress Hall in the city of Albany, offered by the Secretary of State at the last meeting of this Board were taken from the table.
Whereupon the State Engineer and Surveyor offered the following resolution as a substitute therefor, which was adopted:
Resolved, That the Attorney-General, on behalf of this Board make a demand upon Adam Blake, lessee of Congress Hall, in the city of Albany, for a settlement on account of rent of said property, and for payment of balance found due the State.
* * * * * * * *
At a meeting of the Commissioners of the Land Office, field at the office of the Secretary of State, on Thursday the 11th day of February, 1875, at four o'clock, p. M.
Present — Hon. William Dorsheimer, Lieutenant-Governor; Hon. Diedrich Willers, Jr., Secretary of State; Hon. Sylvanus E. F. Sweet, State Engineer and Surveyor; Hon. Jeremiah McGuire, Speaker of the Assembly.
The Secretary of State presented the following preamble and resolutions of the honorable, the Assembly:
STATE OF NEW YOEK:
In Assembly, 1 Albany, February 10, 1875. Whereas, It has gone forth through the public print and has been made a subject of remonstrance in the municipal councils of this city, that the lessee or tenant of the premises known as Congress Hall, which premises are the property of the State, has been permitted to the detriment of the work on the New Capitol, to retain possession of them at an almost nominal rent, and even to omit the payment of the same, and whereas, it is publicly asserted that such omission or non-payment has resulted in a loss of many thousand dollars to the State, and that the occupation of the premises under such circumstances is in violation of the spirit and intention with which the property was presented to the State by the city of Albany, therefore
Resolved, That the Land Commissioners be requested to report to this Assembly, as early as possible, the facts and figures bearing on the case, with the reasons for such alleged undue concessions and stated non-payment, and such other circumstances as may serve to indicate a remedy for the loss and grievances publicly alleged. By order. HIRAM CALKINS,
Clerk.
Whereupon the Secretary of State offered the following resolution which was adopted:
Resolved, That it be referred to the Attorney-General, Speaker of the Assembly and Comptroller, to examine the records and proceedings of this Board, in relation to the leasing and maintenance of Congress Hall, in the city of Albany, and to submit to this board, for its consideration, at an adjourned meeting, to be held on Wednesday, the seventeenth inst., at'four o'clock, p. M., such facts in answer to the resolution of the honorable the Assembly, of the tenth inst., as are called for by said resolution aforesaid.
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At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, on Wednesday, the 3d day of March, 1875, at four o'clock, P. M.
Present—Hon. Diedrich Willers, Jr., Secretary of State; Hon. Nelson K. Hopkins, Comptroller; Hon. Thomas Raines, Treasurer; Hon. Sylvanus H. Sweet, State Engineer and Surveyor; Hon. Jeremiah McGuire, Speaker of the Assembly.
The Attorney-General transmitted the following report:
The Attorney-General would respectfully report, that in obedience to your resolution of December 31, 1874, he presented to Adam Blake, an account of rent of Congress Hall, up to February 1, 1S75 — said account is herewith transmitted, and amounts to $17,570.11; that subsequently Adam Blake presented an account to the Attorney-General of rent due from him, and of certain deductions which he claim.* should be made from said rent for repairs and damages, rebate of rent, etc.; also certain bills against the judges of the Court of Appeals, Commissioners of the New Capitol and Regents of the University, for rent of rooms in Congress Hall; also certain vouchers, all of which are herewith transmitted. The balance duo the State as shown by the account of said Adam Blake, exclusive of said bills for rent, is $2,641.72; said bills for rent, amount to $2,903.90, leaving a balance due from the State to said Adam Blake, of $262.IS; as the resolution of December 31, 1874, did not apparently contemplate such a balance, the Attorney-General has been unable to comply with the terms thereof.
DANIEL PRATT,
Attorney-General.
On motion of the Comptroller, the report was laid upon the table. The Secretary of State presented the following preamble and resolution:
Whereas, The Attorney-General has presented to Adam Blake, lessee of Congress Hall in the city of Albany, an account for rent due the State to the first day of February, 1875, and remaining unsettled (since the last settlement with said Blake in December, 1871) amounting to $17,570.11, to which amount is to be added the rent of said property for the month of February, 1875, of $625, making the total amount of rent unsettled on the first day of March, 1875, $18,195.11; and whereas, said Adam Blake has submitted claims as an offset to said rent for expenditures by him for repairs, etc., amounting to $8,285.64, a part of which accrued prior to the settlement with said Blake in December, 1871, together with claims for certain damages and rebate upon said rent amounting to $4,916.67, with a further claim of $2,903.90 for rent of certain rooms sub-let by said Blake to the Regents of the University, Commissioners of the New Capitol and Judges, the aggregate of said claims amounting to $16,016.21; and whereas, upon an examination of the claims presented for repairs, it is found that some of said claims accrued prior to last settlement with said Blake; some of them are unsupported by vouchers, while still others are unreceipted, and that a large proportion of said claims for gas-fitting, plumbing, paper-hanging, bills of locksmiths and bell-hangers, grate manufacturers, manufacturers of steam machinery, etc., etc., are not properly chargeable to the State as repairs under the terms of the lease, but cover movable articles not connected with the building, and should not therefore be allowed; therefore,
Resolved, That this board has no right or power to grant or allow any claim for rebate of rent or for alleged damages to furniture; nor can this board allow any reduction for rent of rooms sub-let by said Blake to the New Capitol Commissioners, Regents of the University and Judges, the duty of this board being limited by chapter 715, Laws of 1871, to the renting of the entire building, and being in no way authorized to settle claims for rooms sub-let by the lessee of said building.
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Resolved, That this board can only allow, in reduction of said rent, such of the claims as accrued for necessary repairs of the buildings since December 16, 1871, the date of the last settlement with said Blake; to wit, the sum of $
Resolved, That the Attorney-General make a demand upon said Blake for the sum of $ , and that upon payment of said sum into the State Treasury, and the execution of a receipt in full of all demands against the State for all moneys disbursed by said lessee on account of repairs or improvements of said building*, and the filing of said receipts with the clerk of this board, that the Treasurer be and is thereupon directed to balance the account of said Blake, on account of the rent of Congress Hall, with the State to March 1, 1875.
On motion of the Comptroller, said preamble and resolutions were laid upon the table.
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At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, on Tuesday the 29th day of June, 1875, at four o'clock, P. M.
Present — Hon. William Dorsheimer, Lieutenant-Governor; Hon. Diedrich Willers, Jr., Secretary of State; Hon. Nelson K. Hopkins, Comptroller; Hon. Thomas Raines, Treasurer; Hon. Daniel Pratt, Attorney-General; Hon. Sylvanus H. Sweet, State Engineer and Surveyor.
The Secretary of State offered the following preamble and resolutions.
Whereas, the Attorney-General has presented to Adam Blake, lessee of Congress Hall, in the city of Albany, an account for rent due the State of New York, to the 1st day of February, 1875, and remaining unsettled (since the last settlement with said Blake, in December, 1871), amounting to $17,570.11 to which amount is to be added the rent of said property, for the months of February, March, April and May, 1875, of $2,500, making the total amount of rent unsettled on the 1st day of June, 1875, $20,070.11 with the further sum of $625 to fall due July 1, 1875; and whereas, said Adam Blake has submitted claims as an offset to said rent, for expenditures by him for repairs etc., amounting to $8,285.64, a part of which accrued prior to the settlement with said Blake in December, 1871, together with claims for certain damages, and rebate upon said rent, amounting to $4,916.67, with a further claim of $2,903.90 for rent of certain rooms, sub-let by said Blake to the Regents of the University, Commissioners of the New Capitol and judges, the aggregate of said claims amounting to $16,000.21; and whereas, upon an examination of the claims presented for repairs it is found that in addition to said claims which accrued prior to last settlement with said Blake, some of them are unsupported by vouchers while still others are unreceipted and that a large proportion of said claims for gas-fitting, plumbing, paper-hanging, bills of locksmiths and bellhangers, grate manufacturers, manufacturers of steam machinery etc., etc., are not properly chargeable to the State as repairs, under the terms of the lease, but cover movable articles, not connected with the building and should not therefore be allowed; therefore,
Resolved, That this board has no right or power to grant or allow any claims for rebate of rent of Congress Hall buildings or for alleged damages to furniture; nor can this board allow any reduction for rent of rooms sub-let by Adam Blake to the New Capitol Commissioners, Regents of the University and Judges, the duty of this board being limited by chapter 715, Luws of 1871, to the renting of the entire building, aud being in no way authorized to settle claims for rooms sub-let by the lessee of said building.
Resolved, That this board can only allow, in reduction of said rent, such of the claims as accrued for necessary repairs of the building since December 16, 1871, the date of last settlement with said Adam Blake; to wit, say the sum of $5,071.11.
Resolved, That the Attorney-General make a demand upon Adam Blake for the sum of $15,000, and that upon the payment of said sum into the State treasury and the execution of a receipt in full of all demands against the State for all moneys disbursed by said lessee on account of repairs or improvements of said buildings, and the filing of said receipts with the clerk of this board, that the Treasurer be and is thereupon directed to balance the account of said Blake, on account of the rent of Congress Hall, with the State to June 1, 1875.
Resolved, That in case the rent of the Congress Hall property remaining due and unpaid be ndt settled and paid by the lessee into the State treasury on or before July 20, 1875, that the occupancy of the said buildings and property by said lessee be terminated, and that proceedings be taken by the Attorney-General to remove said lessee, and that the said buildings and property be thereupon leased during their maintenance by the State, upon public notice, to the highest bidder, and that sealed proposals therefor be thereupon invited.
Resolved, That hereafter, so long as the Congress Hall buildings are maintained by the State, that the rent therefor be payable by the lessee to the State Treasurer, on the first day of eacli month.
Resolved, That hereafter, while maintained and leased, no repairs or improvements upon said Congress Hall buildings, at the expense of the State, be made or charges therefor incurred except upon the order and with the consent of this board, declared by resolution duly adopted.
The Secretary of State moved the adoption of the said preamble and resolutions.
The Treasurer moved that the said preamble and resolutions be referred to the Lieutenant-Governor, State Engineer and Surveyor, and Attorney-General. Carried.
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At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, on Thursday, the 31st day of December, 1875, at ten o'clock, A. M.
Present— Hon. Diedrich Willers, Jr., Secretary of State; Hon. Nelson K. Hopkins, Comptroller; Hon. Thomas Raines, Treasurer; Hon. S. H. Sweet, State Engineer and Surveyor; Hon. Jeremiah McGuire, Speaker ot the Assembly.
The Speaker of the Assembly submitted a statement, which was read as follows:
On the 27th day of May, 1868, the Commissioners of the Land Office, by resolution, leased to Adam Blake the property known as Congress Hall for an indefinite period upon the conditions therein provided. It must be assumed that the Commissioners had the power to perform what they then exercised. The lease in the main features has remained the same from that day to the present, the only alterations made relate to additional property included in the terms of the lease, and consequently an increased rental. By the terms of the lease Blake was to pay at the rate of $4,000 for the entire property, except the Governor's part, and $2,500 if the lessee did not occupy the part once occupied by the Misses Winne.
The term of the letting was so long as the buildings remained standing, or the State shall require the use and occupation of the same, or as expressed in the resolution of letting, "until the same shall be wanted by the State for the purposes of, and to make way for the New Capitol and the improvements connected therewith, or the Legislature shall otherwise order."
These provisions simply provide for the termination of the lease; so long as the lessee performed the commissioners could not put an end to the terms, but if it became necessary to remove the building in the erection of the New Capitol, or the Legislature should so order, then the lease was terminated. These are the only limitations upon the term, and these are upon the entire property, and not a part thereof.
By chapter 715 of the Laws of 1871, it is enacted that thereafter the property shall not be leased for a less sum than $6,000 per annum; this is not a grant of power, but a limitation upon the power of the Commissioners prohibiting or leasing for loss than the sum named. It is not very material to inquire whether, after the Commissioners had made the contract in question on behalf of the State, it was competent for the Legislature to alter its provisions either in respect to the amount of rent to be paid or in any of the conditions to be performed; the only right reserved to the Legislature was to terminate the lease at pleasure, a right which it has not yet exercised or assumed to do.
In 1873 the Legislature directed the tearing down and removal of a part of the demised premises, which was carried into effect by the agents of the State, about sixteen feet of the west part of the building being removed, to the consequent damage of the lessee. There is no right reserved in the lease to do this act. When the removal of the building, as an entirety, became necessary, it is stipulated that the term shall cease, not that the Commissioners of the New Capitol or the Legislature shall tear down the building by piecemeal, rendering it for a time untenantable, and greatly depreciating the value of the use and occupation.
The lessee claims that there should be an abatement of the rent in proportion as the value of the part removed bears to the value of the whole building. In the resolution before referred to, the power of this board to make the abatement is denied, and the implication therein is, that notwithstanding the spoliation of the property by the State, and if I am correct in the foregoing view, the unlawful eviction of the lessee by the lessor, of a portion of the demised premises, that the tenant is still bound to pay the entire rent; that this board has not the power to make any apportionment. The same rales of interpretation of the contract in question, and the same principles which regulate the rights of individuals in similar contracts, must be applied to and govern this.
It is a familiar and elementary rule that when a landlord wrongfully evicts a tenant from a portion of the demised premises, the entire rent is suspended until the tenant is restored to that portion from which he has been so unlawfully evicted.
In such case the tenant is absolutely discharged from the payment of the whole rent, in other words the obligations to pay rent ceases when the landlord enters and evicts the tenant from a part or withholds the possession of a part, and the tenant is not liable for any part of the rent under the lease, or for use and occupation of the part which he does occupy, until the landlord restores the whole of the premises demised. This principle is settled by numerous authorities and adjudications, ancient and modern, a few of which are referred to. 6 Bac. Abr. 49; Co. Litt. 148; 8 Cow. 728; 9 id. 135; + Wend. 423; 25 id. 445; 15 Mass. 268; 24 Wend. 445; Day on Land, and Ten. 443; 11 N. Y. 216; 24 Barb. 178.
So then we have the case before us; the State makes a lease with
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[Pages 20 and 21 are missing from this online copy of Assembly Documents, Vol V., 1877, so we can't know the Hon. McGuire's legal position---only that whatever it was, it didn't bear to stand the light of day.]
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be allowed therefor. That is a question the board must settle; and if it determines that the work was necessary, although not technically within the terms of the lease, I have no doubt of the power of (and there should certainly be a disposition) the board to allow all necessary and proper charges.
The people of this State do not ask Adam Blake to furnish apartments to their officers at his individual expense; neither do they desire such officers stored away in a dungeon or garret.
They have recently expressed their appreciation by increasing the salary of the Governor from $4,000 to $10,000 a year, and the Legislature, by permission of the same people, have more than doubled the salaries of the incoming members of this board ; and when a citizen of this State has furnished necessary, proper and comfortable quarters to the most important and overworked branch of the Government, the present Court of Appeals, the people do not expect, and will not tolerate any person in an attempt to deprive such citizen of his just and equitable rights.
I do not mean to be understood as recommending the payment, without examination, of all claims or charges which Mr. Blake has presented, or without the board being satisfied of their justice, validity and equity; what I mean to be undertood, is, that this board should allow the claimaut—
1. That Mr. Blake should be allowed a proper abatement of rent for the portion of the property taken by the State, and all proper damages sustained by him by reason thereof.
2. A just abatement of rent, on account of a portion of the rented property being occupied by certain State officers for public purposes.
3. That all necessary fixtures, work and repairs made, done or performed by Blake, should be allowed and applied upon the rent.
By so doing, the State will do justice, and the board, in my judgment, will keep within its legitimate powers and duties.
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At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, on Wednesday, the 10th day of May, 1870, at three o'clock, P. M.
Present— Hon. John Bigelow, Secretary of State; Hon. Lucius Robinson, Comptroller; Hon. Charles S. Fairchild, Attorney-General; Hon. John D. Van Buren, Jr., State Engineer and Surveyor.
On motion, which was carried, the clerk of the board was directed to make out and send to Mr. Adam Blake a bill for his occupancy of the Congress Hall property, and also to have prepared a full statement of the lease, &c., of said property.
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Pursuant to the above resolution, the following bill was presented to Mr. Blake:
Albany, January 1, 1877. Adam Blake, to the State of New York:
For rent of Congress Hall,
from May 27, 1868, to October 1, 1871, at $2,500 per year $8,354 16
For rent from October first to January 1, 1873, at $6,000 per year $7,500 00
For rent from January 1, 1873, to January 1, 1877, at $7,500 per year....$30,000 00
Total. $45,854 16
Allowances for repairs thus far made:
May 4, 1870 $12,500 00
December 16, 1871 1,989 31
$14,489 31
Balance due for rent up to date $31,364 85
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Chapter 830.
An Act making appropriations for the support of government.
Passed, May 19,1868; three-fifths being present.
The People of the State of New York, represented in Senate and' Assembly, do enact as follows:
Hamilton Harris, John V. L. Pruyn, Obadiah B. Latham, James S. Thayer, Alonzo B. Cornell, William A. Rice, James Terwilliger, John D. Hudson, are hereby appointed Commissioners for the purpose of erecting a New Capitol, in place of the present Board. They shall proceed to take additional land, comprising Hawk street and one-half of the block of land adjoining such street on the west thereof, between Washington avenue and State street, in the name of the State, and lay out a street running through from Washington avenue to State street, of such width as they may deem proper, on the west end of the land so taken, which land is hereby appropriated for the purposes of such New Capitol and street, and declared to be taken for public use. The Commissioners are hereby authorized to take possession of the said lands and tenements; and if they cannot agree with the owner or owners for the purchase thereof, they shall cause application to be made to the Supreme Court for a writ of inquiry of damages, and such proceedings shall thereupon be had as is provided in the fourth article of title two of chapter nine of the third part of the Revised Statutes. The said Commissioners shall review the plans which have been adopted for the New Capitol, and may change and modify the same, or adopt others in their place, as they may deem advisable and proper; provided, however, that they shall not proceed to the construction of the said New Capitol unless they shall be satisfied that the expense thereof shall not exceed, when completed, the sum of $4,000,000. The building known as Congress Hall buildings, and the present Capitol and State Library buildings, shall not be removed or disturbed until further directions by the Legislature.
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At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, on Thursday, the 25th day of January, 1877, at ten and a-half o'clock, A. M.
Present—Hon, John Bigelow, Secretary of State; Hon. Frederic P. Olcott, Comptroller ; Hon. Charles N. Ross, Treasurer ; Hon. Charles S. Fairchild; Attorney-General; Hon. John D. Van Buren, Jr., State Engineer and Surveyor; Hon. George B. Sloan, Speaker of the Assembly.
On motion of the Treasurer, the bill against Adam Blake, lessee of Congress Hall for rent, was referred to the Attorney-General for collection.
On motion of the Treasurer, the Secretary of State was authorized to answer a resolution of the Assembly, dated January 15, 1877, relative to Congress Hall buildings, and to transmit to the Legislature all proceedings of the Commissioners of the Land Office relative to said Congress Hall.
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Chapter 715.
An Act making appropriations for certain expenses of government, and for supplying deficiencies in former appropriations.
Passed April 26, 1871; by a two-third vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
For work done and being done with the approval of the Commissioners of the Land Office, in repairing and improving the Executive Mansion, Geological Hall and other buildings belonging to the State, and for fitting up committee rooms for the Senate and Assembly, the sum of $28,394.25, or so much thereof as may be necessary, said expenses to be paid by the Comptroller, upon vouchers approved by the Commissioners of the Land Office. Hereafter the lessee of Congress Hall shall pay an annual rental for said building of not less than $6,000, in the discretion of the Commissioners of the Land Office.
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Memorandum From Treasury. Paid Adam Blake for use of committee rooms for Senate and Assembly:
1871, May $250 00
1872, May 500 00
1873, July 500 00
1874, June 400 00
1874, April 176 23
1874, December 50 00
1875, April 68 25
1876, March 500 00
$2,444 40
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A LIST OF OFFICIALS SERVING AS COMMISSIONERS OF THE LAND OFFICE, AS REFERENCED IN THIS DOCUMENT:
Hon. John C. Robinson, Lieutenant-Governor;
Hon. Thomas G. Alvord, Lieutenant-Governor;
Hon. Allen C. Beach, Lieutenant-Governor;
Hon. Stewart L. Woodford, Lieutenant-Governor;
Hon. G. Hilton Scribner, Secretary of State;
Hon. Homer A. Nelson, Secretary of State;
Hon, John Bigelow, Secretary of State;
Hon. Diedrich Willers, Jr., Secretary of State;
Hon. Chauncey M. Depew, Secretary of State;
Hon. Homer A. Nelson, Secretary of State;
Hon. Francis C. Barlow, Secretary of State;
Hon. Francis C. Barlow, Attorney-General;
Hon. John H. Martindale, Attorney-General;
Hon. Charles S. Fairchild; Attorney-General;
Hon. Daniel Pratt, Attorney-General
Hon. M. B. Champlain, Attorney-General;
Hon. John Cochrane, Attorney-General;
Hon. William Hitchman, Speaker of the Assembly.
Hon. George B. Sloan, Speaker of the Assembly.
Hon. George G. Hoskins, Speaker of the Assembly.
Hon. Jeremiah McGuire, Speaker of the Assembly.
Hon. Lucius Robinson, Comptroller;
Hon. William F. Allen, Comptroller;
Hon. Asher P. Nichols, Comptroller;
Hon. Nelson K. Hopkins, Comptroller;
Hon. Frederic P. Olcott, Comptroller ;
Hon. Thomas Hillhouse, Comptroller;
Hon. Joseph Howland, Treasurer;
Hon. George W. Schuyler, Treasurer;
Hon. Charles N. Ross, Treasurer ;
Hon. Thomas Raines, Treasurer;
Hon. Wheeler H. Bristol, Treasurer;
Hon. J. Platt Goodsell, State Engineer and Surveyor.
Hon. John D. Van Buren, Jr., State Engineer and Surveyor;
Hon. Sylvanus H. Sweet, State Engineer and Surveyor;
Hon. Van R. Richmond, State Engineer and Surveyor.
Hon. William B. Taylor, State Engineer and Surveyor.
March 28, 1877, Utica Morning Herald, Page 2, Column 3, THE CONGRESS HALL SCANDAL.
—The ways and means committee of the Assembly has adopted a bill, which it will report to that body, providing for the immediate demolition of Congress Hall, the "State Hotel" which obtrudes itself in front of they capitol at Albany. It is high time. The history or this hotel since it came into the possession of the State, is one uninterrupted scandal. At the time when this property was given to the State by the city of Albany in 1865, it was given in charge of the commissioners of the land office. This body leased the building to ADAM BLAKE in 1868, "so long as the same shall remain standing," for $4,000 a year rent, the cost of necessary repairs and improvements to be deducted from the rent. In 1870, it appears that BLAKE reported that he had spent $12,000 in repairs upon the building, and that he owed for rent $5,000, leaving the State indebted $7,000 to him. ln this same year, the progress of work upon the new capitol compelled the tearing down of the west end of Congress Hall. Thereupon BLAKE went to work and rebuilt on the south side the portion of the hotel demolished, and that land commissioners passed a resolution authorizing him to do so. In the supply bill of 1871, appeared an item appropriating $28,394.25 for work done in repairing buildings belonging to the State, and on the 10th of May the commissioners ordered the Comptroller to draw his warrant for $20,000 of this sum "in favor of ADAM BLAKE on account of his expenses incurred in repairs upon Congress Hall." In the June following BLAKE was given an additional warrant in the same account of $5,824 88, and in the December following, a third, of $1,080.31.
In 1874. It appeared from a report of Secretary of State WILLERS, that there were no entries on the books of the State Treasurer of any payments by BLAKE for rents and that the total outlay by the State for the maintenance, preservation and furnishing of the property had been $70,564.19. In 1876 it again appeared, in the proceedings of the land commissioners, that the amount due from ADAM BLAKE for rent from May 27,1868, to January 1, 1877, was $45,851.16; the allowance for repairs, $14,480.31; and the remainder due the State, $31,364.85.On the 25th of last month the board referred this bill to the Attorney General; and there the matter stands, awaiting the action of the Legislature.
It also appears from these several reports that BLAKE has been in the habit of charging the State for all his gas-fitting, plumbing, paper-hanging, fire-grates, damages to furniture, &c., and that many of his bills for repairs have been unaccompanied by any vouchers. It also appears that he has been in the habit of including,in his bills against the State, rent for rooms, used by legislative committees in the discharge of their duties. So that the State instead of getting any rent from Mr. BLAKE, has been paying him rent for the property, besides footing his bills whenever his household equipments need replenishing or refurnishing. Mr. BLAKE has not only paid no rent to the State, but the State is actually behind, in the sum of $31,361, after allowing this remarkable tenant all his remarkable charges.
Such a state of affairs requires some explanation, and the only reasonable one at hand is the fact that various of the State officers, as well as influential members of both houses of the Legislature, have been in the habit of boarding at Congress Hall. Whether Mr. Blake has given them their board as a consideration for their indifference concerning the outrage he was perpetrating upon the State, or whether he is a man of such sweet and fascinating manners that they are unable to say him nay, or whether there is some other influence at work, we are unable to say. It is a fact however, that time after time efforts to protect the interests of the State have been suppressed and defeated by the land commissioners. It is a fact that a bill similar to that which it is now proposed to introduce has been been defeated in the Senate after passing the Assembly. It is a fact that one of the late commissioners of the land office —ex-Speaker McGuire, is the attorney of BLAKE, and that this attorney actually has the affrontory to claim that because the State found it necessary to pull down a portion of Congress Hall, Mr. BLAKE was thereby released from all obligation to pay rent, and that the State on the other hand is legally bound to pay all Mr. BLAKE'S bills for repairs and upholstering. It is a fact also—-and this is really the most important fact in connection with the whole matter, that The expensive front of the new Capitol is in constant danger from fire, while this building—which is as dry as a tinder box—remains planted directly in front of it. Mr. Alvord has stated that the burning of Congress Hall would damage the new Capitol to the extent of a million dollars. All this risk the State is running year after year, in order that Mr. Blake shall not be disturbed in his commendable efforts to amass a fortune at the expense of the tax-payers.
We submit that it is time this Congress Hall job was brought to a summary conclusion. The State can never force a settlement with Mr. Blake until the building is pulled down. It used to be urged in the Senate that it was a great convenience to have a hotel 'on the hill' and the argument in regards to the danger by fire was answered by inserting an appropriation in the supply bill for building a brick wall between the hotel and the new building for the protection of the latter. The wall was to have cost $5,000, we believe, to be paid by the tax-payers, in order that Mr. Blake might continue a profitable business and languid Senators have a hotel 'on the hill.' For some reason the wall was never built, and the danger from fire continues. However convenient it may be to have a hotel 'on the hill,' we submit that experience has proven that the State cannot keep that hotel to advantage. If the suggested bill is again defeated, those who vote against it need not expect to escape the scrutiny which has hitherto avoided the Congress Hall job.
But at a point in 1875, scandal broke out in the newspapers, and the Commissioners of the Land Office who are named in this 1877 Assembly document---Vol. V., No. 41, transcribed below---were forced into the appearance of action. Made up of the top seven elected officials under the Governor, acting ex officio, this role increased their power of patronage, but apparently also their vulnerability. In the nearly 11 years covered, spanning May, 1865 to Jan. 1877, I count four Lieutenant-Governors, and Speakers of the Assembly; five State Engineer-Surveyors, and State Treasurers; six Comptrollers, and Attorneys-General; and seven Secretaries of State. But if their careers were brief, they were also recyclable, with yesterday's Comptroller or Secretary of State turning up as tomorrow's Governor or United States Senator.
But the real point I hope to convey to anyone out there reading this, was revealed to me in an examination of the document itself. Just when Attorney-General Daniel Pratt was about to take some vigorous action in the mid-1870's, I realized the document was missing pages 20 and 21, and I was left in the dark. Scanned from a usually trust-worthy source at the University of Michigan, it had been uploaded to archive.org in September, 2007. But the file had been wrongly dated within its title, as being "1831," which probably hinders searches. These two pages could have been carefully cut out of the book with a razor blade, without anyone noticing anytime in the last 140 years. Now I know with certainty of a location that's likely to carry something deliciously suppressible.
Another impressive lacuna turned up right before my eyes---so I've excerpted a section from the original page image for you can see for yourself:
Another technique would be called the insertion. This excerpt from a New York Times article states unmistakably that the originating New Capitol appropriation of $10,000 was unlawfully inserted into a legislative bill without one house considering, voting, or even knowing about it.
March 14, 1866, New York Times,
FROM THE STATE CAPITAL.; OUR ALBANY LETTER. Debate on the New Capitol Bill--Speeches by Messrs. Cochrane and D. P. Wood -- A Charge of Fraud, [extract]
The bill appropriating $500,000, to enable Commissioners, to be appointed by the Governor, to commence building a new Capitol, has occupied much of to-day's session in the House. It was supported in an able speech by Mr. Cochrane, of Albany, who exhausted all arguments against the inconveniences and defects of the old building, and the reasons which impel the people of Albany to ask for a new edifice more in keeping with the power, wealth and importance of the Empire State.
D. P. Wood, of Onondaga, replied with much earnestness and ability, arguing that taxation had already reached an unprecedented figure, and that the present was an exceedingly inopportune time to ask for a new Capitol. He argued that it was only sought to commit the State to the project by making an appropriation, however small, in order that it might be urged hereafter that the work had been commenced and must be gone through with. He estimated that, including the amount of town and county obligations for payment of bounties, which would, with interest, reach over thirteen millions to be raised this year, the annual tax for 1866, State and local, would amount to the enormous sum of $24,600,000. Was any tax ever before imposed upon the people of this State calling for twenty-four millions in a single year? Was this the time to build a new Capitol? Would an individual build a new house with an immense debt hanging over him? Mr. Wood further charged that a base fraud was perpetrated in the passage of the bill last year. As that bill passed the House, it simply located the new Capitol in Albany, but made no appropriation whatever. When it got into the Senate, however, by some manipulation, it contained another section, which the House never acted on, making an appropriation of $10,000. Mr. W. showed by the journals of the two houses that his charge was correct.
Progress was finally reported on the bill, which has been made the special order for next week, Wednesday. Had the vote been taken to-day, the Capitol Bill would have been defeated by a large majority. Such, however, was the condition of affairs last year, until a wonderful change occurred during the last few days of the session. Possibly a similar change may yet be brought about by the Albanians who are wonderfully clamorous for the bill, and who, it is charged, have raised the "sinews of war" to put it through.
The Assembly of the State of New York.
One Hundredth Session---1877
Volume V.---Nos. 40-49, Inclusive.
Jerome B. Parmenter, State Printer 1877
No. 41.
IN ASSEMBLY,
February 7, 1877.
REPLY OF THE SECRETARY OF STATE TO A RESOLUTION OF THE ASSEMBLY RELATIVE TO CONGRESS HALL BUILDINGS, WITH COMMUNICATION FROM THE BOARD OF LAND COMMISSIONERS.
Office Of The Secretary Of State,
Albany, January, 1877. To the Honorable George B. Sloan:
Sir.—The following resolution of the Assembly has been received st this office:
State Of New York:
In Assembly, Albany, January 15, 1877. Resolved, That the Secretary of State be directed to report to this Assembly, within ten days, the terms of the contract between the State and the tenant of Congress Hall, the amount ef rent received from him and the amount remaining due and unpaid, and the proceedings of the Board of Land Commissioners in relation to said contracts and accounts.
By order. Edward M. Johnson,
Clerk.
I availed myself of the earliest opportunity to lay this resolution before the Board of Land Commissioners who have custody of the records which furnish the desired information, and I am directed by that board to transmit to you the following report, in which will be found the terms of the contract now subsisting between the State and Adam Blake, the tenant of Congress Hall, so far as there is any, and the amount of rent received from him; the amount remaining due and unpaid as nearly as can be ascertained without an investigation of the validity of the counter-claims which have been made by Mr. Blake for damages and repairs, together with an abstract of all the proceedings of the Board of Land Commissioners in relation to said contracts and accounts.
I am, sir, with great respect,
Your obedient servant.
JOHN BIGELOW,
Secretary of State.
REPORT FROM THE SECRETARY OF STATE RELATIVE TO CONGRESS HALL BUILDINGS.
* * * * * * *
At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, on the 17th day of October, 1865.
Present — Hon. Thomas G. Alvord, Lieutenant-Governor; Hon. Chauncey M. Depew, Secretary of State; Hon. Lucius Robinson, Comptroller; Hon. George W. Schuyler, Treasurer; Hon. John Cochrane, Attorney-General; Hon. W. B. Taylor, State Engineer and Surveyor; Hon. George G. Hoskins, Speaker of the Assembly.
The Comptroller offered the following resolution: Resolved, That this board is willing that Congress Hall property, except so much thereof as may be in use for public offices, should be occupied for a hotel without rent, provided that it be kept by a suitable person, and that it be surrendered to the State at any time upon thiity days' notice.
On motion the resolution was adopted.
* * * * * * * *
At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, on the 14th day of November, 1865.
Present—Hon. Thomas G. Alvord, Lieutenant-Governor; Hon. Chauncey M. Depew, Secretary of State; Hon. George W. Schuyler, Treasurer; Hon. John Cochrane, Attorney-General; Hon. William B. Taylor, State Engineer and Surveyor; Hon. George G. Hoskins, Speaker of the Assembly.
The Secretary of State offered the following:
Resolved, That the Lieutenant-Governor be authorized to negotiate with Mr. H. T. Bradt, or any other person, for the use and occupancy of the Congress Hall property, in reference to the enjoyment of the same for the benefit of the State officers and members of the Legislature the coming session, on the best possible terms for their accommodation.
On motion the resolution was adopted.
* * * * * * * *
At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, on Friday, the 4th day of May, 1865.
Present—Hon. Thomas G. Alvord, Lieutenant-Governor; Hon. Francis C. Barlow, Secretary of State; Hon. Thomas Hillhouse, Comptroller; Hon. Joseph Howland, Treasurer; Hon. John H. Martindale, Attorney-General; Hon. J. Platt Goodsell, State Engineer and Surveyor.
The Lieutenant-Governor presented the following resolution: Resolved, That the Comptroller, Lieutenant-Governor aud Secretary of State be a committee on the part of the Commissioners of the Land Office to take charge of the Congress Hall property, and with power to confer from time to time with the Commissioners for building a new Capitol in reference to the plans for said building. On motion the resolution was adopted.
* * * * * * *
At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, on Wednesday, the 27th day of May, 1868, at 3 o'clock P. M.
Present—Hon. Homer A. Nelson, Secretary of State; Hon. William F. Allen, Comptroller; Hon. Wheeler H. Bristol, Treasurer; Hon. "Van R. Richmond, State Engineer and Surveyor; Hon. William Hitchman, Speaker of the Assembly.
The Comptroller reported:
Resolved, First. That the action of the Comptroller be, and the same is hereby ratified and confirmed, and that the said premises, except the two houses occupied by Misses Winne, be rented and leased to said Blake upon the terms and conditions named, until the same shall be wanted by the State for the purpose of, and to make way, for the New Capitol, and the improvements connected therewith, or the Legislature otherwise order, the rent over and above the amount expended in repairs and improvements to be paid quarterly. Second. That the repairs and improvements be made under the direction of the keeper of the Capitol, who shall audit the bills therefor. Third. That in case Misses Winne 6hall surrender or yield up the possession of the two houses occupied by them, that the whole premises be leased to said Blake upon the terms proposed, and upon the conditions before named. Fourth. That the said lease, and right of occupation is not assignable, and shall terminate and cease upon a transfer or assignment thereof, or upon an under-letting by said Blake, of any part of said premises without the written consent of the Commissioners of the Land Office.
* * * * * * * *
At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, on Wednesday, the 17th day of June, 1868, at three o'clock, P. M.
Present — Hon. Stewart L. Woodford, Lieutenant-Governor; Hon. Homer A. Nelson, Secretary of State; Hon. William F. Allen, Comptroller; Hon. Wheeler H. Bristol, Treasurer; Hon. M. B. Cliamplain, Attorney-General; Hon. Van R. Richmond, State Engineer and Surveyor.
The Lieutenant-Governor offered the following resolution: Resolved, That the connection between the Congress Hall and the end building to be occupied by Mr. Blake, be made through the rear hall of the building, and that the bakers be removed from the basement of the house now occupied by Misses Winne. On motion of the Treasurer the resolution was laid upon the table.
* * * * * * *
At a meeting of the Commicsioners of the Land Office, held at the office of the Secretary of State, on Wednesday, the 4th day of May, 1870, at ten o'clock A. M.
Present—Hon. Allen C. Beach, Lieutenant-Governor; Hon. Homer A. Nelson, Secretary of State; Hon. William F. Allen, Comptroller; Hon. Wheeler H. Bristol, Treasurer; Hon. M. B. Champlain, Attorney-General; Hon. Van K. Richmond, State Engineer and Surveyor.
The Treasurer presented the following report:
The undersigned have examined the accounts of Adam Blake, for expenses incurred in repairs to Congress Hall building, and find his statement to correspond with the vouchers presented, and that he has expended on such repairs the sum of $12,500, and that the amount due for rent of said building from May 27th, 1868, to May 27th, 1870, is $5,000, leaving a balance of $7,500, to be applied upon the rent as it becomes due.
W. H. BRISTOL. VAN R. RICHMOND. On motion of the Comptroller, the report was agreed to.
* * * * * * *
At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, on Thursday, the 16th day of Jane, 1870, at eleven o'clock, A. M.
Present — Hon. Allen C. Beach, Lieutenant-Governor; Hon. William F. Allen, Comptroller; Hon. Wheeler H. Bristol, Treasurer; Hon. Van R. Richmond, State Engineer and Surveyor.
The Treasurer presented the following preamble and resolution, which were adopted:
Whereas, In the progress of the construction of the New Capitol it has become necessary to take down a portion of the west end of the Congress Hall building, and
Whereas, It is proposed to make an extension on the south side of said Congress Hall building in connection with the work necessary to reinclose the same, and it is believed that much of the matter removed on the west side may be used advantageously in such extension, and. that the room is needed for the purpose of offices, committee rooms, &c, in connection with its present use, therefore
Resolved, That a committee of this board, consisting of the Comptroller and State Treasurer be, and they are hereby authorized in connection with the Capitol Commissioners to cause said Congress Hall building to be extended on the south to such distances, and in such form, as in their judgment will fully accomplish the purpose designed.
* * * * * * *
At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, on Saturday, the 6th day of August, 1870, at eleven o'clock, A. M.
Present — Hon. Allen C. Beach, Lieutenant-Governor; Hon. Asher P. Nichols, Comptroller; Hon. Wheeler H. Bristol,Treasurer; Hon. Van R. Richmond, State Engineer and Surveyor.
The Treasurer offered the following preamble and resolution, which were adopted:
Whereas, The committee appointed by this board, under a resolution adopted June 16, 1870, in relation to certain improvements proposed to the Congress Hall building, having procured and presented plans of snch proposed improvements, therefore
Resolved, That the plans presented to this board being five sheets marked respectively A, B, C, D and E be, and they are hereby approved by this board, and the said committee are instructed to carry out the same with such modifications as in their judgment will be proper to carry out the end proposed.
* * * * * * * *
At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, on Thursday, the 7th day of April, 1871, at one o'clock P. M.
Present — Hon. Allen C. Beach, Lieutenant-Governor; Hon. Asher P. Nichols, Comptroller; Hon.Wheeler H. Bristol, Treasurer; Hon. M. B. Champlain, Attorney-General; Hon. Van R. Richmond, State Engineer and Surveyor.
The Treasurer submitted the following communication which was unanimously adopted by the board, and the clerk of this board was directed to transmit a certified copy thereof to the chairman of the Committee of Ways and Means of the Assembly:
To the Honorable Committee of Ways and Means of the Assembly: By chapter 830, Laws of 1868, organizing the Commission of the New Capitol, it was provided that "the building known as Congress Hall buildings and the present Capitol and State Library building shall not be removed or disturbed until farther directions by the Legislature," upon the faith of the enactment, the Commissioners of the Land Office leased the property known as Congress Hall building to Adam Blake upon the condition that the same was put in good repair, and make such improvements as should be necessary for the occupation of the building as a first-class hotel, the expense of such repairs to apply upon the rent. Mr. Blake was already in possession of the property and had invested considerable money in furnishing the same upon an uncertain term. The rent was fixed at $2,500 per year for the portion he occupied, which includes all the building except that now occupied for the executive residence.
The buildings were then in such condition as to require immediate and expensive repairs; the duration of the lease was until the same should be required by the Legislature. Mr. Blake proceeded and put the building in repair and furnished the same suitable for a first-class hotel in compliance with his lease; it is represented to us that in the early part of the last summer, the Commissioners of the New Capitol considered it necessary to remove a portion of the west part of the main building and also the wing attached in order to greatly facilitate the construction of the walls of the New Capitol; by so doing they destroyed a portion of the dining room and the whole of the kitchen and cooking arrangements connected therewith, and also the total destruction of thirty-five bed-rooms and parlors, rendering the entire house nearly unfit for occupation while the work was going on. The rear of the executive mansion was exposed, rendering it inconvenient for its occupant.
Mr. Blake, finding the property nearly useless under his lease availing himself of such means as he had, and such means as he could command by his personal credit, proceeded to rebuild the part so removed, and in compliance with his lease to put the same in condition for a first-class hotel, relying upon the State thereafter to do him justice in the premises. It is represented to us that such expenditures has involved him seriously and deeply in debt for nearly its whole cost. Mr. Blake has presented his vouchers for his claims to the Commissioners of the Land Office. The Commissioners have no power to make any adjustment of the claims and have taken no official cognizance or action in the matter, while they are of opinion Mr. Blake was dispossessed in violation of his lease and in violation of law, yet this board has no power to make reparation of the claim.That authority is vested only in the Legislature. It is a simple case of a tenant wrongly dispossessed of the property held under his lease for which he could have a just claim for damages.
It may be mentioned that committee rooms were provided in the building in obedience to the requirements of the Legislature in the part newly erected, and that it has been the policy of former Legislatures and others connected with the work of the New Capitol, including citizens of Albany to preserve this property as a hotel for the accommodation of the public until the time should come for its final removal. Mr. Blake proposes to the Commissioners hereafter to pay an increased rental of $3,500, making the total rent $6,000 per year for the property in its improved condition. In the opinion of the Commissioners the case appeals strongly to the justice and liberality of the Legislature.
Respectfully, etc.
W. H. BRISTOL,
Treasurer.
* * * * * * *
At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, on Wednesday, the l0th day of May, 1871, at twelve o'clock, P. M.
Present — Hon. Allen C. Beach, Lieutenant-Governor; Hon. Asher P. Nichols, Comptroller; Hon. Wheeler H. Bristol, Treasurer; Hon. Van R. Richmond, State Engineer and Surveyor.
The State Engineer and Surveyor offered the following resolution, which was adopted:
Resolved, That it be referred to the Treasurer and Attorney-General to examine the accounts of Adam Blake for expenditures on Congress Hall building, and report the amount due to him to be paid as provided for per chapter 715, Laws of 1871.
The Treasurer offered the following resolution, which was adopted:
Resolved, That the Comptroller be authorized to draw his warrant in favor of Adam Blake for the sum of $20,000 on account of his expenses incurred in repairs upon Congress Hall building as per ehapter 715, Laws of 1871.
* * * * * * *
At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, the 17th day of June, 1871, at eleven o'clock, A.M.
Present — Hon. Allen C. Beach, Lieutenant-Governor; Hon. Asher P. Nichols, Comptroller; Hon. Wheeler H. Bristol, Treasurer; Hon. M. B. Champlain, Attorney-General; Hon. Van R. Richmond,
State Engineer and Surveyor.
The Treasurer presented the following report and account: We have examined the annexed account of Adam Blake for expenses incurred in repairing Congress Hall buildings, and believe them to be correct, and recommend the payment of the bill.
W. H. BRISTOL,
M. B. CHAMPLAIN,
Committee.
State of New York, To Adam Blake, For expenses incurred in repairing Congress Hall Building as per
following statement:
Paid Clemishire & Bryce, carpenters $10,366 87
J. Bridgeford, mason 5,238 00
J. Houghtailing, carpenter 471 81
Tucker & Crawford, steam and gas-fitting 2,503 05
H. McKeon, mantles 378 70
T. B. Franklin, roofing 876 50
John Palmer, painting 1,187 90
William Stott, trimming. 43 26
J. & J. Blackall, bell-hanging: 259 94
Branion & Bro., plumbing 1,675 07
J. H. Ingmire, papering 830 49
E. H. Seymour, carpenter 75 65
J. Strong, carpenter 300 00
J. McCann, gas-fitting 265 58
C. G. Palmer, carpenter 80 63
A. Weller, grates and ranges 412 79
L. Pruyn & Son, hardware. 106 60
A. McClure, paints 179 72
J. N. Parker, carpenter (2 32
Total $25,324 88
On motion the report was agreed to and adopted and the Comptroller directed to draw his warrant on the Treasurer jn favor of Adam Blake for $5,324.88, that being the balance due him upon said account.
On motion of the Treasurer it was
Resolved, That the buildings known as Congress Hall, be leased to Adam Blake until snch time as the same shall be required by act of Legislature, at an annual rent of $6,000 per year, subject to provisions of former lease.
At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, on Saturday, the 16th day of December, 1871, at twelve o'clock, P. M.
Present — Hon. Allen C. Beach, Lieutenant-Governor; Hon. Asher P. Nichols, Comptroller; Hon. Wheeler H. Bristol, Treasurer; Hon. M. B. Champlain, Attorney-General; Hon. Van R.Richmond,
State Engineer and Surveyor.
The Treasurer offered the following resolution, which was adopted: Resolved. That the sum of $1,980.31 expended by Adam Blake in repairs upon Congress Hall buildings, and not included in former settlement as appears by vouchers, be allowed to said Blake to applyon rent of said buildings, and that the lease of said property commence on the 1st day of October, 1871, at the rental provided for bv chapter 715, Laws of 1871, subject to the conditions of the former lease.
* * * * * * *
At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, on Thursday, the 5th day of December, 1872, at twelve o'clock, P. M.
Present — Hon. Allen C. Beach, Lieutenant-Governor; Hon. G. Hilton Scribner, Secretary of State; Hon. Nelson K. Hopkins, Comptroller; Hon. Francis C. Barlow, Attorney-General; Hon. William B. Taylor, State Engineer and Surveyor.
On motion of the Comptroller it was
Resolved, That the Secretary of State be added to the committee to whom was referred the matter of selling the furniture and disposition of the rooms of the Governor's house, and that said committee i*and they are hereby authorized to rent the Governor's house to Adam Blake for the sum of $1,500 per annum.
* * * * * * *
At a meeting of the Commissioners of the Land Office, held at toe office of the Secretary of State, on Wednesday, the 26th day of February, 1S73, at four o'clock, P. M.
Present — Hon. John C. Robinson, Lieutenant-Governor; Hon. Francis E. Barlow, Attorney-General; Hon. William B. Taylor, State Engineer and Surveyor.
A communication from the Assembly was read, asking for information regarding the length of time and the terms upon which the property known as Congress Hall is rented.
The clerk of the board submitted draft of report on the above communication, which was adopted and ordered transmitted.
* * * * * * *
ASSEMBLY DOCUMENT No. 68, 1873.
Reply of the Commissioners of the Land Office to a resolution of the Assembly relative to the length of time and terms upon which Congress Hall is rented.
STATE OF NEW YORK:
Department Of Secretary Of State, Albany, February 27, 1873. Hon. Alonzo B. Cornell, Speaker of the Assembly.
Sir.— By direction of the Commissioners of the Land Office I herewith transmit their reply to the resolution of the Assembly, adopted on the 19th day of February instant.
Very respectfully.
ANSON S. WOOD,
Dep. Sec. of State, and Clerk of Com. of the Land Office.
REPORT.
To the Honorable the Legislature:
The Commissioners of the Land Office in reply to the following resolution of the Assembly:
"Resolved, That the Commissioners of the Land Office report to this House, within five days, the length of time and the terms upon which the property known as Congress Hall is rented," submit the following:
The Commissioners of the Land Office, on the 27th day of May, 1868, rented and leased Congress Hall to Adam Blake for the term, "until the same shall be wanted by the State for the purpose of, and to make way for the New Capitol, and the improvements connected therewith, or the Legislature shall otherwise order;" the rental of the building, exclusive of that portion subsequently known as the Executive Mansion, was fixed at $2,500 per annum, the surplus over and above amount expended by said Blake in repairs and improvements, payable quarterly.
By the act, chapter 715, Laws of 1871, the rent was fixed not less than $6,000 per annum, in the discretion of the Commissioners of the Land Office; on the 5th day of December, 1872, the part formerly occupied as an Executive Mansion was leased to said Blake, upon being vacated by the Governor, for the annual rental of $1,500, making in all a total annual rental of $7,500. Albany, February 26, 1873.
Respectfully submitted,
JOHN C. ROBINSON,
Lieutenant-Governor.
FRANCIS C. BARLOW,
Attorney-General.
W. B. TAYLOR,
State Engineer and Surveyor.
* * * * * * * *
At a meeting of the Commissioners of the Land office, held at the office of the Secretar y of State, on Thursday, the 19th day of Match, 1874, at four o'clock, P. M.
Present — Hon. John C. Robinson, Lieutenant-Governor; Hon. Diedrich Willers, Secretary of State; Hon. Nelson K. Hopkins, Comptroller; Hon. Thomas Raines, Treasurer; Hon. James W. Husted, Speaker of the Assembly.
The Treasurer presented the claim of the lessee of the Congress Hall property, Albany, for deduction from the rent to be paid by him to the State for said building.
On motion of the Comptroller, the claim was referred to the Treasurer and Attorney-General.
* * * * * * * *
At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, on Tuesday, the 12th day of May, 1874, at four o'clock, P. M.
Present—Hon. Diedrich Willers, Jr., Secretary of State; Hon. Nelson K. Hopkins, Comptroller; Hon. Thomas Raines, Treasurer; Hon. Daniel Pratt, Attorney-General; Hon. Sylvanns H. Sweet, State Engineer and Surveyor; Hon. James W. Husted, Speaker of the Assembly.
The Secretary of State called for information whether Adam Blake, lessee of the Congress Hall property, in the City of Albany, had paid up the rent due the State therefor to the 1st day of May instant.
On motion of the Comptroller, the matter was referred to the Treasurer to report to this Board thereon.
* * * * * * * *
At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, on Tuesday, the 8th day of September, 1874, at tour o'clock, P. M.
Present — Hon. John C. Robinson, Lieutenant-Governor; Hon. Diedrich Willers, Jr., Secretary of State; Hon. Nelson K. Hopkins, Comptroller; Hon. Thomas Raines, Treasurer; Hon. Daniel Pratt, Attorney-General; Hon. Sylvanns H. Sweet, State Engineer and Surveyor; Hon. James W. Husted, Speaker of the Assembly.
The Secretary of State presented the following report:
To the Honorable the Commissioners of the Land Office of the State of New York:
The undersigned respectfully begs leave to report to your honorable board, pursuant to its resolution of May 12, 1874, referring to the treasurer, an inquiry in respect to payments of rent to the State by the lessee of Congress Hall.
That there are no entries upon the books of his office of any payments made to the State by said lessee on account of rent, and that no money payments have been made by him for or on account of the rent of said property.
The undersigned begs leave, however, to submit herewith a statement of the account of the said lessee with the State in respect to said property derived from an examination of the records of the land office, and showing the allowances made to said lessee by the State, and the amount, of rents due from time to time and still remaining due from him.
He deems it not inappropriate to call the attention of the board in this connection to a statement also submitted herewith showing expenditures made by the State for, and on account, of the building repairs, furnishing, fitting, &c, of Congress Hall, with a reference to the legislative acts under which the expenditures or payments have been made, showing a total outlay by the State for the maintenance, preservation and furnishing of the property of $70,564.19.
The attention of the board is called to the fact, however, that some portion of the outlays mentioned in the last statement have been made for furniture supplied to the Executive residence.
August 13, 1874.
All of which is respectfully submitted.
ABRAHAM LANSING,
Treasurer.
Adam Blake, Proprietor Of Congress Hall, In Account With The State Of New York.
1870. May 27. To rent to date at $2,500 per year $5,000 00
1871. October 1. To rent to date at $2,500 per year 3,354 16
1873. January 1. To rent to date at $6,000 per year 7,500 00
1874. January 1. To rent including that part
previously occupied by Governor Hoffman, $7,500, 10,000 00
$25,854 16
1874. May 1. To balance due for rent to date $11,364 85
1870. May 4. By allowance for repairs $12,500 00
1871. December 16. By allowance for repairs 1,989 31
Balance 11,364 85
Statement Of Expenses For Repairs And Rebuilding Portions Of Congress Hall:
1871. May 10 and June 17. Appropriated by chapter 715,
Laws of 1871, for materials and buildings including gas and steam fitting, painting, grates and ranges, papering, plumbing, bell-hanging, etc $25,324 88
Appropriation per chapter 822, Laws of 1869, for repairing, fitting and furnishing *25,000 00
Appropriation per chapter 492, Laws of 1870, for fitting and furnishing *5,750 00
( * Items expended in fitting up and furnishing a portion of Congress Hall building for Governor Hoffman, as an Executive mansion.)
Add amount allowed to Adam Blake for repairing, May, 1870, and December, 1871. $14,498 31
Total outlay $70,564 19
On motion of the Comptroller, the report was laid upon the table.
* * * * * * *
At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, on "Wednesday, the 23d day of December, 1874, at two o'clock, P. M.
Present—Hon. John C. Robinson, Lieutenant-Governor; Hon. Deidrich Willers, Jr.. Secretary of State; Hon. Nelson K. Hopkins, Comptroller; Hon. Daniel Pratt, Attorney-General; Hon. Sylvanns H. Sweet, State Engineer and Surveyor.
The Secretary of State presented the following preamble and resolutions:
Whereas, Adam Blake, lessee of the State property in the city of Albany known as Congress Hall, has made no payment into the State Treasury on account of rent of said premises, and there remained due the State on the first day of May, 1874, on account of rent due, from him therefor, the sum of $11,364.85, exclusive of interest thereon from time to time; and, whereas, the further sum of $4,375 has accrued for rent of said premises for the period of seveu months, from May 1st to December 1st, 1874, making a total amount of $15,739.85, with the further sum of $625 to fall due on the 1st day of January, 1875, subject to deduction for outlays for such necessary repairs as are authorized in the lease (since December, 1871,) as may be approved and audited by this Board; therefore,
Resolved, That the Attorney-General, on behalf of this Board, make a demand upon said Adam Blake for said amounts of rent due, with the interest accrued thereon, and in case the same are not paid, that said Attorney-General bring an action against said Blake tor the recovery thereof, and take such steps as may be necessary, if any, to terminate the lease and occupancy of said property by said Adam Blake.
Resolved, That hereafter the rent for said premises be payable to the State Treasurer on the 1st day of each month.
Resolved, That hereafter no repairs or improvements upon said Congress Hall buildings, which would become chargeable against the State, be made, or charge therefor incurred, except upon the order and with the consent of this Board.
The State Engineer and Surveyor moved to lay said preamble and resolution upon the table. Carried. The Secretary of State voting in the negative.
* * * * * * *
At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, on Thursday, the 31st day of December, 1874, at two o'clock, p. M.
Present—Hon. John C. Robinson, Lieutenant-Governor; Hon. Diedrich Willers, Jr., Secretary of State; Hon. Nelson K. Hopkins, Comptroller ; Hon. Daniel Pratt, Attorney-General; Hon. Sylvanus H. Sweet, State Engineer and Surveyor.
On motion of the State Engineer and Surveyor the preamble and resolutions relative to Congress Hall in the city of Albany, offered by the Secretary of State at the last meeting of this Board were taken from the table.
Whereupon the State Engineer and Surveyor offered the following resolution as a substitute therefor, which was adopted:
Resolved, That the Attorney-General, on behalf of this Board make a demand upon Adam Blake, lessee of Congress Hall, in the city of Albany, for a settlement on account of rent of said property, and for payment of balance found due the State.
* * * * * * * *
At a meeting of the Commissioners of the Land Office, field at the office of the Secretary of State, on Thursday the 11th day of February, 1875, at four o'clock, p. M.
Present — Hon. William Dorsheimer, Lieutenant-Governor; Hon. Diedrich Willers, Jr., Secretary of State; Hon. Sylvanus E. F. Sweet, State Engineer and Surveyor; Hon. Jeremiah McGuire, Speaker of the Assembly.
The Secretary of State presented the following preamble and resolutions of the honorable, the Assembly:
STATE OF NEW YOEK:
In Assembly, 1 Albany, February 10, 1875. Whereas, It has gone forth through the public print and has been made a subject of remonstrance in the municipal councils of this city, that the lessee or tenant of the premises known as Congress Hall, which premises are the property of the State, has been permitted to the detriment of the work on the New Capitol, to retain possession of them at an almost nominal rent, and even to omit the payment of the same, and whereas, it is publicly asserted that such omission or non-payment has resulted in a loss of many thousand dollars to the State, and that the occupation of the premises under such circumstances is in violation of the spirit and intention with which the property was presented to the State by the city of Albany, therefore
Resolved, That the Land Commissioners be requested to report to this Assembly, as early as possible, the facts and figures bearing on the case, with the reasons for such alleged undue concessions and stated non-payment, and such other circumstances as may serve to indicate a remedy for the loss and grievances publicly alleged. By order. HIRAM CALKINS,
Clerk.
Whereupon the Secretary of State offered the following resolution which was adopted:
Resolved, That it be referred to the Attorney-General, Speaker of the Assembly and Comptroller, to examine the records and proceedings of this Board, in relation to the leasing and maintenance of Congress Hall, in the city of Albany, and to submit to this board, for its consideration, at an adjourned meeting, to be held on Wednesday, the seventeenth inst., at'four o'clock, p. M., such facts in answer to the resolution of the honorable the Assembly, of the tenth inst., as are called for by said resolution aforesaid.
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At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, on Wednesday, the 3d day of March, 1875, at four o'clock, P. M.
Present—Hon. Diedrich Willers, Jr., Secretary of State; Hon. Nelson K. Hopkins, Comptroller; Hon. Thomas Raines, Treasurer; Hon. Sylvanus H. Sweet, State Engineer and Surveyor; Hon. Jeremiah McGuire, Speaker of the Assembly.
The Attorney-General transmitted the following report:
The Attorney-General would respectfully report, that in obedience to your resolution of December 31, 1874, he presented to Adam Blake, an account of rent of Congress Hall, up to February 1, 1S75 — said account is herewith transmitted, and amounts to $17,570.11; that subsequently Adam Blake presented an account to the Attorney-General of rent due from him, and of certain deductions which he claim.* should be made from said rent for repairs and damages, rebate of rent, etc.; also certain bills against the judges of the Court of Appeals, Commissioners of the New Capitol and Regents of the University, for rent of rooms in Congress Hall; also certain vouchers, all of which are herewith transmitted. The balance duo the State as shown by the account of said Adam Blake, exclusive of said bills for rent, is $2,641.72; said bills for rent, amount to $2,903.90, leaving a balance due from the State to said Adam Blake, of $262.IS; as the resolution of December 31, 1874, did not apparently contemplate such a balance, the Attorney-General has been unable to comply with the terms thereof.
The Attorney-General finds that he has no authority to allow the claims of said Adam Blake for rebate of rent, damages, etc.; he also finds that many of the bills of said Adam Blake for repairs are unaccompanied by vouchers, and are not properly audited by the keeper of the Capitol as contemplated by the resolution of May 27, 1868; that many of the bills which are audited are for repairs not contemplated by said resolution of 1868.
The Attorney-General finds that he has no authority under your resolution of December 31, 1874, to enforce payment of any sum that may be due to the State, and he cannot accept a settlement of the account upon any basis presented by the account of said Adam Blake.
All of which is respectfully submitted.
All of which is respectfully submitted.
DANIEL PRATT,
Attorney-General.
On motion of the Comptroller, the report was laid upon the table. The Secretary of State presented the following preamble and resolution:
Whereas, The Attorney-General has presented to Adam Blake, lessee of Congress Hall in the city of Albany, an account for rent due the State to the first day of February, 1875, and remaining unsettled (since the last settlement with said Blake in December, 1871) amounting to $17,570.11, to which amount is to be added the rent of said property for the month of February, 1875, of $625, making the total amount of rent unsettled on the first day of March, 1875, $18,195.11; and whereas, said Adam Blake has submitted claims as an offset to said rent for expenditures by him for repairs, etc., amounting to $8,285.64, a part of which accrued prior to the settlement with said Blake in December, 1871, together with claims for certain damages and rebate upon said rent amounting to $4,916.67, with a further claim of $2,903.90 for rent of certain rooms sub-let by said Blake to the Regents of the University, Commissioners of the New Capitol and Judges, the aggregate of said claims amounting to $16,016.21; and whereas, upon an examination of the claims presented for repairs, it is found that some of said claims accrued prior to last settlement with said Blake; some of them are unsupported by vouchers, while still others are unreceipted, and that a large proportion of said claims for gas-fitting, plumbing, paper-hanging, bills of locksmiths and bell-hangers, grate manufacturers, manufacturers of steam machinery, etc., etc., are not properly chargeable to the State as repairs under the terms of the lease, but cover movable articles not connected with the building, and should not therefore be allowed; therefore,
Resolved, That this board has no right or power to grant or allow any claim for rebate of rent or for alleged damages to furniture; nor can this board allow any reduction for rent of rooms sub-let by said Blake to the New Capitol Commissioners, Regents of the University and Judges, the duty of this board being limited by chapter 715, Laws of 1871, to the renting of the entire building, and being in no way authorized to settle claims for rooms sub-let by the lessee of said building.
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Resolved, That this board can only allow, in reduction of said rent, such of the claims as accrued for necessary repairs of the buildings since December 16, 1871, the date of the last settlement with said Blake; to wit, the sum of $
Resolved, That the Attorney-General make a demand upon said Blake for the sum of $ , and that upon payment of said sum into the State Treasury, and the execution of a receipt in full of all demands against the State for all moneys disbursed by said lessee on account of repairs or improvements of said building*, and the filing of said receipts with the clerk of this board, that the Treasurer be and is thereupon directed to balance the account of said Blake, on account of the rent of Congress Hall, with the State to March 1, 1875.
On motion of the Comptroller, said preamble and resolutions were laid upon the table.
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At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, on Tuesday the 29th day of June, 1875, at four o'clock, P. M.
Present — Hon. William Dorsheimer, Lieutenant-Governor; Hon. Diedrich Willers, Jr., Secretary of State; Hon. Nelson K. Hopkins, Comptroller; Hon. Thomas Raines, Treasurer; Hon. Daniel Pratt, Attorney-General; Hon. Sylvanus H. Sweet, State Engineer and Surveyor.
The Secretary of State offered the following preamble and resolutions.
Whereas, the Attorney-General has presented to Adam Blake, lessee of Congress Hall, in the city of Albany, an account for rent due the State of New York, to the 1st day of February, 1875, and remaining unsettled (since the last settlement with said Blake, in December, 1871), amounting to $17,570.11 to which amount is to be added the rent of said property, for the months of February, March, April and May, 1875, of $2,500, making the total amount of rent unsettled on the 1st day of June, 1875, $20,070.11 with the further sum of $625 to fall due July 1, 1875; and whereas, said Adam Blake has submitted claims as an offset to said rent, for expenditures by him for repairs etc., amounting to $8,285.64, a part of which accrued prior to the settlement with said Blake in December, 1871, together with claims for certain damages, and rebate upon said rent, amounting to $4,916.67, with a further claim of $2,903.90 for rent of certain rooms, sub-let by said Blake to the Regents of the University, Commissioners of the New Capitol and judges, the aggregate of said claims amounting to $16,000.21; and whereas, upon an examination of the claims presented for repairs it is found that in addition to said claims which accrued prior to last settlement with said Blake, some of them are unsupported by vouchers while still others are unreceipted and that a large proportion of said claims for gas-fitting, plumbing, paper-hanging, bills of locksmiths and bellhangers, grate manufacturers, manufacturers of steam machinery etc., etc., are not properly chargeable to the State as repairs, under the terms of the lease, but cover movable articles, not connected with the building and should not therefore be allowed; therefore,
Resolved, That this board has no right or power to grant or allow any claims for rebate of rent of Congress Hall buildings or for alleged damages to furniture; nor can this board allow any reduction for rent of rooms sub-let by Adam Blake to the New Capitol Commissioners, Regents of the University and Judges, the duty of this board being limited by chapter 715, Luws of 1871, to the renting of the entire building, aud being in no way authorized to settle claims for rooms sub-let by the lessee of said building.
Resolved, That this board can only allow, in reduction of said rent, such of the claims as accrued for necessary repairs of the building since December 16, 1871, the date of last settlement with said Adam Blake; to wit, say the sum of $5,071.11.
Resolved, That the Attorney-General make a demand upon Adam Blake for the sum of $15,000, and that upon the payment of said sum into the State treasury and the execution of a receipt in full of all demands against the State for all moneys disbursed by said lessee on account of repairs or improvements of said buildings, and the filing of said receipts with the clerk of this board, that the Treasurer be and is thereupon directed to balance the account of said Blake, on account of the rent of Congress Hall, with the State to June 1, 1875.
Resolved, That in case the rent of the Congress Hall property remaining due and unpaid be ndt settled and paid by the lessee into the State treasury on or before July 20, 1875, that the occupancy of the said buildings and property by said lessee be terminated, and that proceedings be taken by the Attorney-General to remove said lessee, and that the said buildings and property be thereupon leased during their maintenance by the State, upon public notice, to the highest bidder, and that sealed proposals therefor be thereupon invited.
Resolved, That hereafter, so long as the Congress Hall buildings are maintained by the State, that the rent therefor be payable by the lessee to the State Treasurer, on the first day of eacli month.
Resolved, That hereafter, while maintained and leased, no repairs or improvements upon said Congress Hall buildings, at the expense of the State, be made or charges therefor incurred except upon the order and with the consent of this board, declared by resolution duly adopted.
The Secretary of State moved the adoption of the said preamble and resolutions.
The Treasurer moved that the said preamble and resolutions be referred to the Lieutenant-Governor, State Engineer and Surveyor, and Attorney-General. Carried.
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At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, on Thursday, the 31st day of December, 1875, at ten o'clock, A. M.
Present— Hon. Diedrich Willers, Jr., Secretary of State; Hon. Nelson K. Hopkins, Comptroller; Hon. Thomas Raines, Treasurer; Hon. S. H. Sweet, State Engineer and Surveyor; Hon. Jeremiah McGuire, Speaker ot the Assembly.
The Speaker of the Assembly submitted a statement, which was read as follows:
On the 27th day of May, 1868, the Commissioners of the Land Office, by resolution, leased to Adam Blake the property known as Congress Hall for an indefinite period upon the conditions therein provided. It must be assumed that the Commissioners had the power to perform what they then exercised. The lease in the main features has remained the same from that day to the present, the only alterations made relate to additional property included in the terms of the lease, and consequently an increased rental. By the terms of the lease Blake was to pay at the rate of $4,000 for the entire property, except the Governor's part, and $2,500 if the lessee did not occupy the part once occupied by the Misses Winne.
The term of the letting was so long as the buildings remained standing, or the State shall require the use and occupation of the same, or as expressed in the resolution of letting, "until the same shall be wanted by the State for the purposes of, and to make way for the New Capitol and the improvements connected therewith, or the Legislature shall otherwise order."
These provisions simply provide for the termination of the lease; so long as the lessee performed the commissioners could not put an end to the terms, but if it became necessary to remove the building in the erection of the New Capitol, or the Legislature should so order, then the lease was terminated. These are the only limitations upon the term, and these are upon the entire property, and not a part thereof.
By chapter 715 of the Laws of 1871, it is enacted that thereafter the property shall not be leased for a less sum than $6,000 per annum; this is not a grant of power, but a limitation upon the power of the Commissioners prohibiting or leasing for loss than the sum named. It is not very material to inquire whether, after the Commissioners had made the contract in question on behalf of the State, it was competent for the Legislature to alter its provisions either in respect to the amount of rent to be paid or in any of the conditions to be performed; the only right reserved to the Legislature was to terminate the lease at pleasure, a right which it has not yet exercised or assumed to do.
In 1873 the Legislature directed the tearing down and removal of a part of the demised premises, which was carried into effect by the agents of the State, about sixteen feet of the west part of the building being removed, to the consequent damage of the lessee. There is no right reserved in the lease to do this act. When the removal of the building, as an entirety, became necessary, it is stipulated that the term shall cease, not that the Commissioners of the New Capitol or the Legislature shall tear down the building by piecemeal, rendering it for a time untenantable, and greatly depreciating the value of the use and occupation.
The lessee claims that there should be an abatement of the rent in proportion as the value of the part removed bears to the value of the whole building. In the resolution before referred to, the power of this board to make the abatement is denied, and the implication therein is, that notwithstanding the spoliation of the property by the State, and if I am correct in the foregoing view, the unlawful eviction of the lessee by the lessor, of a portion of the demised premises, that the tenant is still bound to pay the entire rent; that this board has not the power to make any apportionment. The same rales of interpretation of the contract in question, and the same principles which regulate the rights of individuals in similar contracts, must be applied to and govern this.
It is a familiar and elementary rule that when a landlord wrongfully evicts a tenant from a portion of the demised premises, the entire rent is suspended until the tenant is restored to that portion from which he has been so unlawfully evicted.
In such case the tenant is absolutely discharged from the payment of the whole rent, in other words the obligations to pay rent ceases when the landlord enters and evicts the tenant from a part or withholds the possession of a part, and the tenant is not liable for any part of the rent under the lease, or for use and occupation of the part which he does occupy, until the landlord restores the whole of the premises demised. This principle is settled by numerous authorities and adjudications, ancient and modern, a few of which are referred to. 6 Bac. Abr. 49; Co. Litt. 148; 8 Cow. 728; 9 id. 135; + Wend. 423; 25 id. 445; 15 Mass. 268; 24 Wend. 445; Day on Land, and Ten. 443; 11 N. Y. 216; 24 Barb. 178.
So then we have the case before us; the State makes a lease with
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[Pages 20 and 21 are missing from this online copy of Assembly Documents, Vol V., 1877, so we can't know the Hon. McGuire's legal position---only that whatever it was, it didn't bear to stand the light of day.]
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be allowed therefor. That is a question the board must settle; and if it determines that the work was necessary, although not technically within the terms of the lease, I have no doubt of the power of (and there should certainly be a disposition) the board to allow all necessary and proper charges.
The people of this State do not ask Adam Blake to furnish apartments to their officers at his individual expense; neither do they desire such officers stored away in a dungeon or garret.
They have recently expressed their appreciation by increasing the salary of the Governor from $4,000 to $10,000 a year, and the Legislature, by permission of the same people, have more than doubled the salaries of the incoming members of this board ; and when a citizen of this State has furnished necessary, proper and comfortable quarters to the most important and overworked branch of the Government, the present Court of Appeals, the people do not expect, and will not tolerate any person in an attempt to deprive such citizen of his just and equitable rights.
I do not mean to be understood as recommending the payment, without examination, of all claims or charges which Mr. Blake has presented, or without the board being satisfied of their justice, validity and equity; what I mean to be undertood, is, that this board should allow the claimaut—
1. That Mr. Blake should be allowed a proper abatement of rent for the portion of the property taken by the State, and all proper damages sustained by him by reason thereof.
2. A just abatement of rent, on account of a portion of the rented property being occupied by certain State officers for public purposes.
3. That all necessary fixtures, work and repairs made, done or performed by Blake, should be allowed and applied upon the rent.
By so doing, the State will do justice, and the board, in my judgment, will keep within its legitimate powers and duties.
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At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, on Wednesday, the 10th day of May, 1870, at three o'clock, P. M.
Present— Hon. John Bigelow, Secretary of State; Hon. Lucius Robinson, Comptroller; Hon. Charles S. Fairchild, Attorney-General; Hon. John D. Van Buren, Jr., State Engineer and Surveyor.
On motion, which was carried, the clerk of the board was directed to make out and send to Mr. Adam Blake a bill for his occupancy of the Congress Hall property, and also to have prepared a full statement of the lease, &c., of said property.
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Pursuant to the above resolution, the following bill was presented to Mr. Blake:
Albany, January 1, 1877. Adam Blake, to the State of New York:
For rent of Congress Hall,
from May 27, 1868, to October 1, 1871, at $2,500 per year $8,354 16
For rent from October first to January 1, 1873, at $6,000 per year $7,500 00
For rent from January 1, 1873, to January 1, 1877, at $7,500 per year....$30,000 00
Total. $45,854 16
Allowances for repairs thus far made:
May 4, 1870 $12,500 00
December 16, 1871 1,989 31
$14,489 31
Balance due for rent up to date $31,364 85
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Chapter 830.
An Act making appropriations for the support of government.
Passed, May 19,1868; three-fifths being present.
The People of the State of New York, represented in Senate and' Assembly, do enact as follows:
Hamilton Harris, John V. L. Pruyn, Obadiah B. Latham, James S. Thayer, Alonzo B. Cornell, William A. Rice, James Terwilliger, John D. Hudson, are hereby appointed Commissioners for the purpose of erecting a New Capitol, in place of the present Board. They shall proceed to take additional land, comprising Hawk street and one-half of the block of land adjoining such street on the west thereof, between Washington avenue and State street, in the name of the State, and lay out a street running through from Washington avenue to State street, of such width as they may deem proper, on the west end of the land so taken, which land is hereby appropriated for the purposes of such New Capitol and street, and declared to be taken for public use. The Commissioners are hereby authorized to take possession of the said lands and tenements; and if they cannot agree with the owner or owners for the purchase thereof, they shall cause application to be made to the Supreme Court for a writ of inquiry of damages, and such proceedings shall thereupon be had as is provided in the fourth article of title two of chapter nine of the third part of the Revised Statutes. The said Commissioners shall review the plans which have been adopted for the New Capitol, and may change and modify the same, or adopt others in their place, as they may deem advisable and proper; provided, however, that they shall not proceed to the construction of the said New Capitol unless they shall be satisfied that the expense thereof shall not exceed, when completed, the sum of $4,000,000. The building known as Congress Hall buildings, and the present Capitol and State Library buildings, shall not be removed or disturbed until further directions by the Legislature.
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At a meeting of the Commissioners of the Land Office, held at the office of the Secretary of State, on Thursday, the 25th day of January, 1877, at ten and a-half o'clock, A. M.
Present—Hon, John Bigelow, Secretary of State; Hon. Frederic P. Olcott, Comptroller ; Hon. Charles N. Ross, Treasurer ; Hon. Charles S. Fairchild; Attorney-General; Hon. John D. Van Buren, Jr., State Engineer and Surveyor; Hon. George B. Sloan, Speaker of the Assembly.
On motion of the Treasurer, the bill against Adam Blake, lessee of Congress Hall for rent, was referred to the Attorney-General for collection.
On motion of the Treasurer, the Secretary of State was authorized to answer a resolution of the Assembly, dated January 15, 1877, relative to Congress Hall buildings, and to transmit to the Legislature all proceedings of the Commissioners of the Land Office relative to said Congress Hall.
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Chapter 715.
An Act making appropriations for certain expenses of government, and for supplying deficiencies in former appropriations.
Passed April 26, 1871; by a two-third vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
For work done and being done with the approval of the Commissioners of the Land Office, in repairing and improving the Executive Mansion, Geological Hall and other buildings belonging to the State, and for fitting up committee rooms for the Senate and Assembly, the sum of $28,394.25, or so much thereof as may be necessary, said expenses to be paid by the Comptroller, upon vouchers approved by the Commissioners of the Land Office. Hereafter the lessee of Congress Hall shall pay an annual rental for said building of not less than $6,000, in the discretion of the Commissioners of the Land Office.
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Memorandum From Treasury. Paid Adam Blake for use of committee rooms for Senate and Assembly:
1871, May $250 00
1872, May 500 00
1873, July 500 00
1874, June 400 00
1874, April 176 23
1874, December 50 00
1875, April 68 25
1876, March 500 00
$2,444 40
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A LIST OF OFFICIALS SERVING AS COMMISSIONERS OF THE LAND OFFICE, AS REFERENCED IN THIS DOCUMENT:
Hon. John C. Robinson, Lieutenant-Governor;
Hon. Thomas G. Alvord, Lieutenant-Governor;
Hon. Allen C. Beach, Lieutenant-Governor;
Hon. Stewart L. Woodford, Lieutenant-Governor;
Hon. G. Hilton Scribner, Secretary of State;
Hon. Homer A. Nelson, Secretary of State;
Hon, John Bigelow, Secretary of State;
Hon. Diedrich Willers, Jr., Secretary of State;
Hon. Chauncey M. Depew, Secretary of State;
Hon. Homer A. Nelson, Secretary of State;
Hon. Francis C. Barlow, Secretary of State;
Hon. Francis C. Barlow, Attorney-General;
Hon. John H. Martindale, Attorney-General;
Hon. Charles S. Fairchild; Attorney-General;
Hon. Daniel Pratt, Attorney-General
Hon. M. B. Champlain, Attorney-General;
Hon. John Cochrane, Attorney-General;
Hon. William Hitchman, Speaker of the Assembly.
Hon. George B. Sloan, Speaker of the Assembly.
Hon. George G. Hoskins, Speaker of the Assembly.
Hon. Jeremiah McGuire, Speaker of the Assembly.
Hon. Lucius Robinson, Comptroller;
Hon. William F. Allen, Comptroller;
Hon. Asher P. Nichols, Comptroller;
Hon. Nelson K. Hopkins, Comptroller;
Hon. Frederic P. Olcott, Comptroller ;
Hon. Thomas Hillhouse, Comptroller;
Hon. Joseph Howland, Treasurer;
Hon. George W. Schuyler, Treasurer;
Hon. Charles N. Ross, Treasurer ;
Hon. Thomas Raines, Treasurer;
Hon. Wheeler H. Bristol, Treasurer;
Hon. J. Platt Goodsell, State Engineer and Surveyor.
Hon. John D. Van Buren, Jr., State Engineer and Surveyor;
Hon. Sylvanus H. Sweet, State Engineer and Surveyor;
Hon. Van R. Richmond, State Engineer and Surveyor.
Hon. William B. Taylor, State Engineer and Surveyor.
March 28, 1877, Utica Morning Herald, Page 2, Column 3, THE CONGRESS HALL SCANDAL.
—The ways and means committee of the Assembly has adopted a bill, which it will report to that body, providing for the immediate demolition of Congress Hall, the "State Hotel" which obtrudes itself in front of they capitol at Albany. It is high time. The history or this hotel since it came into the possession of the State, is one uninterrupted scandal. At the time when this property was given to the State by the city of Albany in 1865, it was given in charge of the commissioners of the land office. This body leased the building to ADAM BLAKE in 1868, "so long as the same shall remain standing," for $4,000 a year rent, the cost of necessary repairs and improvements to be deducted from the rent. In 1870, it appears that BLAKE reported that he had spent $12,000 in repairs upon the building, and that he owed for rent $5,000, leaving the State indebted $7,000 to him. ln this same year, the progress of work upon the new capitol compelled the tearing down of the west end of Congress Hall. Thereupon BLAKE went to work and rebuilt on the south side the portion of the hotel demolished, and that land commissioners passed a resolution authorizing him to do so. In the supply bill of 1871, appeared an item appropriating $28,394.25 for work done in repairing buildings belonging to the State, and on the 10th of May the commissioners ordered the Comptroller to draw his warrant for $20,000 of this sum "in favor of ADAM BLAKE on account of his expenses incurred in repairs upon Congress Hall." In the June following BLAKE was given an additional warrant in the same account of $5,824 88, and in the December following, a third, of $1,080.31.
In 1874. It appeared from a report of Secretary of State WILLERS, that there were no entries on the books of the State Treasurer of any payments by BLAKE for rents and that the total outlay by the State for the maintenance, preservation and furnishing of the property had been $70,564.19. In 1876 it again appeared, in the proceedings of the land commissioners, that the amount due from ADAM BLAKE for rent from May 27,1868, to January 1, 1877, was $45,851.16; the allowance for repairs, $14,480.31; and the remainder due the State, $31,364.85.On the 25th of last month the board referred this bill to the Attorney General; and there the matter stands, awaiting the action of the Legislature.
It also appears from these several reports that BLAKE has been in the habit of charging the State for all his gas-fitting, plumbing, paper-hanging, fire-grates, damages to furniture, &c., and that many of his bills for repairs have been unaccompanied by any vouchers. It also appears that he has been in the habit of including,in his bills against the State, rent for rooms, used by legislative committees in the discharge of their duties. So that the State instead of getting any rent from Mr. BLAKE, has been paying him rent for the property, besides footing his bills whenever his household equipments need replenishing or refurnishing. Mr. BLAKE has not only paid no rent to the State, but the State is actually behind, in the sum of $31,361, after allowing this remarkable tenant all his remarkable charges.
Such a state of affairs requires some explanation, and the only reasonable one at hand is the fact that various of the State officers, as well as influential members of both houses of the Legislature, have been in the habit of boarding at Congress Hall. Whether Mr. Blake has given them their board as a consideration for their indifference concerning the outrage he was perpetrating upon the State, or whether he is a man of such sweet and fascinating manners that they are unable to say him nay, or whether there is some other influence at work, we are unable to say. It is a fact however, that time after time efforts to protect the interests of the State have been suppressed and defeated by the land commissioners. It is a fact that a bill similar to that which it is now proposed to introduce has been been defeated in the Senate after passing the Assembly. It is a fact that one of the late commissioners of the land office —ex-Speaker McGuire, is the attorney of BLAKE, and that this attorney actually has the affrontory to claim that because the State found it necessary to pull down a portion of Congress Hall, Mr. BLAKE was thereby released from all obligation to pay rent, and that the State on the other hand is legally bound to pay all Mr. BLAKE'S bills for repairs and upholstering. It is a fact also—-and this is really the most important fact in connection with the whole matter, that The expensive front of the new Capitol is in constant danger from fire, while this building—which is as dry as a tinder box—remains planted directly in front of it. Mr. Alvord has stated that the burning of Congress Hall would damage the new Capitol to the extent of a million dollars. All this risk the State is running year after year, in order that Mr. Blake shall not be disturbed in his commendable efforts to amass a fortune at the expense of the tax-payers.
We submit that it is time this Congress Hall job was brought to a summary conclusion. The State can never force a settlement with Mr. Blake until the building is pulled down. It used to be urged in the Senate that it was a great convenience to have a hotel 'on the hill' and the argument in regards to the danger by fire was answered by inserting an appropriation in the supply bill for building a brick wall between the hotel and the new building for the protection of the latter. The wall was to have cost $5,000, we believe, to be paid by the tax-payers, in order that Mr. Blake might continue a profitable business and languid Senators have a hotel 'on the hill.' For some reason the wall was never built, and the danger from fire continues. However convenient it may be to have a hotel 'on the hill,' we submit that experience has proven that the State cannot keep that hotel to advantage. If the suggested bill is again defeated, those who vote against it need not expect to escape the scrutiny which has hitherto avoided the Congress Hall job.
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