Q. Each one, according to his special duties has a form to fill up? A Yes, sir. Q. In addition to that, do they make any reports of miscellaneous subjects? A. Yes, sir. Q. There is a blank for that, too? A. Yes, sir. Q. Now, what is done with these reports? A. Those are filed away in the office, and at the end of the week, or rather on Monday — they bring their reports in on Monday, and on Monday we make up the weekly report, which I send to the sanitary superintendent. Q. Who is the sanitary superintendent? A. Dr. Ewing. Q. And is he a member — he isn't a member of the board of health? A. He is sanitary superintendent. Q. And his office is the board of health? A. His desk is there; yes, sir. Q. You report to him every week? A. Yes, sir; every week; an itemized report of what all the inspectors do; the milk inspectors give an itemized report of every store they go in, and what is found. Q. And whether they take samples or not? A. Yes. Q. Every official act is a matter of record then? A. Yes, sir. Q. Now, doctor, how does it happen that you can not lay your hand on his affidavit? A. I do not know; it is most unfortunate; I recollect about the affidavit and when it was made, and the general substance, but I can not find it; I hope to find it; I am looking for it Q. Do you report, in addition to handing over to the secretary these compiled written reports of your subordinates — do you, yourself, as an officer, make a written report to anybody? A. My report is a compilation of what the inspectors do and what I do myself. Q. With or without comment? A. Yes, sir. Q. Do you make comments on your inspectors' reports? A. Sometimes; yes, sir. Q. How do you account for the fact that you did not make officially a report of this report to you at the time by Drs. Osborn and Levings? A. Well, this matter isn't important, and has assumed great importance; at the time it was reported to me, it wasn't reported to me in this way; it was a mere skeleton in appearance; it was like the case of the umbrella; it was not made a matter of importance. Q. Do I understand you, doctor, to utterly repudiate having given advice to these young men that they secure evidence on which to base an indictment for the purpose of securing an indictment? A. I do not think the young men quite understood me in the matter. Q. If they so understood you, it wasn't the idea you intended to convey? A. No, sir; lam sorry if they got that impression; I certainly did not intend to convey it. Q. Then the reason this did not appear in any written report wasn't because it was so important, but because you did not regard it so at the time? A. I did not regard it so at the time. Q. Ordinarily, any important event would be noted in your written report to your superior? A. Yes, sir. By Mr. Prentice: Q. Not only that, but you make verbal reports almost every day in the year? A. Yes, sir. Q. And then you make special reports, usually? A. [Not answered.] By Senator Fassett: Q. Do you omit from your written reports anything of sufficient importance to report at all? A. Well, no; it shouldn't be done. Q. It shouldn't be done; is it done? A. No; I do not think it is. Q. In other words, your oral reports are extensions or explanations or amplifications of your written reports? A. There may be cases that come up, as for instance, that umbrella; I did not make any official report to the board; I went to the sanitary inspector and made a statement to him, and I probably could have done — the sanitary superintendent might have been out at the time. Q. Have you had any difficulty in the administration of your affairs in your particular department, arising from the bribery of your subordinates? A. No, sir. Q. If it exists, it hasn't been brought to your notice, to the embarrassment of the work of your department? A. No, sir; it has not; of course, the inspectors come in at times and say so and so wants to give me a box of cigars. Q. With the exception of this fifty dollars Col. Prentice alluded to, and this $300, most of the cases have been petty ones — ten cents, a cigar or umbrella? A. Yes, sir; in a great measure; as I say, of course, this case was not presented to me, Senator, in the way it is now; otherwise I would make an official report of it. By Mr. Prentice: Q. I would like to know why you didn't report the Macomber case; were you away when he came before the board? A. I was up-town. Q. Why didn't you report it? A. I did; the next day. Q. Did you regard them as complete at the time, or did you suppose it would be better to wait until it was further developed? A. I 'lid not know at the time. By Senator Mcnacghton: Q. In either of the reports made to you by Levings or Osborn, was any allusion made to the Intemann affair, at any time, except on the affidavit? A. That time, and about the twenty-first or twenty-third of February. Q. What form was that? A. That was merely a verbal report, in which they said they had gone to the Sinclair House with Intemann and that they had not handed over the money, and I told them that it was very wrong; if they came to the house and gave them the money, it would be a very difficult matter to explain; they might, with the best of intentions, get themselves into trouble. Q. Then in no report that they made subsequent to that, did they allude in writing to any Intemann matter or any Macomber matter? A. No, sir. Q. And you are quite certain in no report they made did they state that Macomber had offered it? A. No, sir. By Mr. Prentice: Q. Didn't they report in three days? A. I think it was about a week afterwards; I think it was the following Monday; I think it was Tuesday and they did not report until Monday. Q. The next time you saw them? A . The next time I saw them. Q. Did they report Macomber's attempt? A. Yes, sir. By Senator Fassett: By Senator Mcnacghton: Q. And you never reported that to your superior? A . No, sir. May 21, 1890. George H. Gale, being called and duly sworn, testified as follows: By Mr. Ivtns: Q. Mr. Gale, where do you live? A. Four hundred and six Fiftyeighth street . Q. What Assembly district is that in? A . Nineteenth. Q. What is your business? A. Special inspector of board of excise. Q. How long have you been in the board of excise? A. Since October 3,1886. Q. Who appointed you? A. Ex-Commissioner Charles H. Wooden. Q. What position were you appointed to at that time? A. Special inspector. Q. What other offices have you held in the excise department? A. On May 1, 1887,1 was promoted to the position of assistant secretary; on September 1, 1888,1 was promoted to the position of secretary; on May 15,1889,1 was transferred to the position of special inspector. Q. And now you are still special inspector? A. Special inspector. Q. How long were you secretary of the board? A. From September 1, 1888, until May 15, 1889. Q. About six months? A. About eight months. Q As secretary of the board you were the chief executive officer of the board, under the rules and regulations of the board? A. I was. Mr. Ivins.— The rules of the board are to the effect that the secretary shall be the executive officer. Q. Who was your predecessor as secretary? A. David S. White. Q. Who was your successor as secretary? A. James F. Bishop. Q. He is the present secretary? A. He is the present secretary. Q. Do you know where David S. White is? A. I do not. Q. When did you last hear of Mr. White? A. I haven't heard of Mr. White in about fourteen months. Mr. Ivins.— I would say that 1 have been trying to find Mr. White's whereabouts for the purpose of subpoenaing him as a witness, for I desire to call the present incumbent and his two predecessors in order to prove the present system, but I have been unable to find Mr. White. Q. Will you now describe to the committee, from your knowledge as chief executive officer of the board, the general system of conducting business iu the board by the board itself, so far as the board are concerned; then I will ask you about the subordinates later? A. By that question do you mean after the papers, the applications for licenses, are brought before the commissioners; do you mean the action that is taken on them, or after action is taken, what becomes of the application? Q. Let me ask you the question then: the commission acts as a board; does it? A. As a board. Q. And the duties of the board are performed by the commission acting as a board, and by a majority vote? A. Yes, sir. Q. And that rule is applicable to all cases whatever? A. All cases, and to all business. 972 By Senator Mcnadghton: Q. In either of the reports made to you by Lev any allusion made to the Intemann affair, at any affidavit? A. That time, and about the twenty-f of February. Q. What form was that? A. That was mer which they said they had gone to the Sinclair aud that they had not handed over the money, was very wrong; if they came to the house am it would be a very difficult matter to explaii best of intentions, get themselves into trouble Q. Then in no report that they made subscallude in writing to any Intemann matter or A. No, sir. Q. And you are quite certain in no report that Macomber had offered it? A. No, sir. By Mr. Prentice: Q. Didn't they report in three days? week afterwards; I think it was the followi> Tuesday and they did not report until Mo Q. The next time you saw them? A. T Q. Did they report Macomber's attemp By Senator Fassett: By Senator McNArGHTos: GsKY&as BL Gaue, being called an.' Q. Mr. Gale, where do yon live • eighth street |