Of lining, the entire quantity estimated (702.5 cubic yards) should be rejected.

The entire estimate of puddling (2,149.96 cubic yards) should also be rejected, for the reasons assigned in the report of the commission. The entire estimate for embankment (8,891.48 cubic yards) should be rejected, as none was made from excavation more remote than 200 feet. The item of 5,638 feet, B. M., oak delivered should be rejected, as there was no work contemplated in the contract requiring the use of oak timber left undone.

The item of sixty barrels of salt used in mortar should also be rejected as covered by the general covenant, which makes the specified prices include all necessary labor and materials.

The imperfections in materials and workmanship reduce the value of the vertical wall built under this contract, for the purposes for which they were designed, at least fifty per cent below that of such a wall as the contract requires.

The materials and labor employed were, I think, reasonably worth $2.50 per cubic yard.

FINAL ACCOUNT.

State of New York, for the Erie canal, to E. Flagler and J. Reilly, Dr. For materials furnished and labor performed under their contract, dated 20th day of October, 1874; for materials furnished and labor performed removing wall-benches and substituting slope and vertical walls from lock 32, Fort Plain, west 100 chains, tow-path.

FINAL ACCOUNT AMENDED.

State of New York, for the Erie canal, to Flagler and Reilly, Dr. For materials furnished and labor performed under their contract, dated 20th day of October, 1874; for materials furnished and labor performed removing wall-benches and substituting slope and vertical wall from lock 32, Fort Plain, west 100 chains, tow-path.

FLAGLER'S AND REILLY'S CONTRACT for removing wall-benches, and substituting slope and vertical wall on the tow-path side of the Erie canal, from lock 28 to lock 29, 100 chains. Dated October 20, 1874.

The character of the work done under this contract differs greatly from that contemplated at the letting, as will appear from a comparison of the annexed quantity sheet with the final account.

Three thousand eight hundred cubic yards of slope wall, and 100 cubic yards of vertical wall were exhibited in the former, while 1,490.5 cubic yards slope wall, and 1,407.4 cubic yards of vertical wall appear in the latter.

The quality of the vertical wall built under this contract is worse, both as regards materials and workmanship, than that of the same kind of work done by these contractors, at Fort Plain, and described above. The materials and labor were probably worth $1.50 per cubic yard.

From the quantity of earth excavation allowed in the final account there should be deducted 997 cubic yards. The quantity constructively estimated behind vertical wall.

The entire estimate for embankment (2,454.75 cubic yards) should be rejected, the prism excavation furnishing an excess of materials within the limits of haul.

The allowance of 148.77 cubic yards stone delivered for vertical wall should be rejected, not only because the materials are unsuitable

for that purpose, but because there has already been constructed more than fourteen times the quantity of vertical wall provided for in the

contract.

The item of 117.92 cubic yards of vertical wall in cement allowed as extra work was done without the requisite authority and the price allowed ($6.00 per cubic yard) is exorbitant. It is not worth more than $2.50 per cubic yard.

The final account as rendered and amended is annexed.

FINAL ACCOUNT.

State of New York, for the Erie canal, to Flagler and Reilly, Dr. For materials furnished and labor performed under their contract, dated 20th day of October, 1874; for materials furnished and labor performed for removing wall-benches, and substituting slope and vertical wall from lock 28 to lock 29, 100 chains, tow-path.

State of New York, for the Erie canal, to Flagler & Reilly, Dr.

For materials furnished and labor performed under their contract, dated 20th day of October, 1874; for materials furnished and labor performed, for removing wall-benches and substituting slope and vertical wall from lock 28 to lock 29, 100 chains, tow-path.

For removing wall-benches and substituting slope and vertical wall on the tow-path side of Erie canal, from lock 27 to lock 28.

This contract provided for the construction of 1,200 cubic yards slope wall and 100 cubic yards of vertical wall, and the work incident thereto.

The final account indicates that 11 cubic yards of slope wall and 657 cubic yards of vertical wall were built.

The stones composing the vertical wall are nearly all below the minimum size required by the contract, and they are not well laid. The whole could not reasonably have cost more than $1.50 per cubic yard. The earth excavation is over stated by 880 cubic yards. The amount constructively estimated behind the vertical wall, 1,027.62 cubic yards of embankment, are allowed in this final account, none of which is payable under the contract. It is fictitious, or made from materials paid for excavation, and not hauled 200 feet. The allowance of 84.3 cubic yards of excavation of vertical wall as extra work, is erroneous, because the excavation of vertical walls is specifically included in the definition of earth excavation contained in the contract itself.

There is no equitable ground for allowing the contractor a higher price for slope wall stones delivered, that he is charged for those furnished by the State. These prices I have made to correspond.

Final accounts as rendered and as amended by me are annexed.

FINAL ACCOUNT.

State of New York, for the Erie Canal, to Patrick Haggerty, Dr.

For materials furnished and labor performed under his contract, dated 20th day of October, 1874; for removing wall-benches and substituting slope and vertical wall, from lock 27 to lock 28.

State of New York, for the Erie Canal, to Patrick Haggerty, Dr. For materials furnished and labor performed under his contract, dated 20th day of October, 1874; for removing wall benches and substituting slope and vertical wall, from lock 27 to lock 28.