"_Eighth._--That the auditor drew his warrant in payment for a canal commissioners' certificate, in favor of John D. Hamilton, for $38,000, on the 28th day of June, 1875, in violation of law in this: that he paid it without the sworn certificate of an engineer, as required by statute.
"_Ninth._--In this, that the auditor, in June, 1875, purchased a canal commissioners' certificate, subject to his own audit, from James P. Buck, for $6496.28, at a discount of ten per cent. For the evidence of specification, see testimony of James P. Buck, page 2216.
"The auditor claims he made this purchase for his brother-in-law, E. J. McKie.
"_Tenth._-In this, that on the 2d day of July, 1875, the auditor purchased canal commissioners' certificates, subject to his own audit, to the amount of $49,953.91, at a discount of eight per cent. and accrued interest, in favor of the purchaser. For evidence of this purchase, see testimony of Willard Johnson, page 2386; testimony of F. S. Thayer, page 2514.
"_Eleventh._--In that, in addition to those above enumerated, the auditor purchased, between the 9th day of March and the 14th day of July, 1875, canal commissioners' drafts and certificates, subject to his own audit, to the amount of $64,959.81, all of which he afterward audited and drew his warrants in payment thereof. As to the evidence of these several transactions, see testimony of George A. Stone, page 2241; that the auditor derived a direct personal advantage from these transactions, see testimony of Francis S. Thayer, page 2595.
"JOHN BIGELOW, "A. E. ORR, "JOHN D. VAN BUREN, JR., "D. MAGONE, JR., "_Commissioners_."
"COPY OF THE REQUISITION OF THE COMMISSIONERS OF THE CANAL FUND
"The undersigned hereby certify that, at a meeting of the commissioners of the canal fund, held at the Canal Department, in the city of Albany, on the 28th day of December, 1875, at 10 o'clock A. M.,
"Present--William Dorsheimer, Lieutenant-Governor; Diedrich Willers, Jr., Secretary of State; Nelson K. Hopkins, Comptroller; Thomas Raines, Treasurer; Daniel Pratt, Attorney-General,
"On motion of the Attorney-General, it was
"_Resolved_, That a requisition is made upon his Excellency the Governor to suspend Francis S. Thayer, the auditor of the Canal Department, and to appoint a suitable person to perform his duties, if it shall be made to appear to him that the said auditor has violated his duty in respect to the public moneys in his charge and subject to his draft, the particulars of which alleged violations of duty appear in the report of the commission to investigate the affairs of the canals of the State, which has been submitted to this board, and which is herewith transmitted.