New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-03-19
TUDEN AND ERIE.
AN INGENIOUS ISLANDER REFU1'ED.
STORY OF A TEN THOUSAND DOLLAR FEE-i"'
rTuICs OF AN HONEST LAWYER.

ETHICS OF AN HONEST LAWYER.
The charge ingeniously, but falsely brought
AGAINST Samuel ]. Tlden OF having accepted zee OF
SnOAO from the Erie Railway Company. without render
tn any service in return Is completely refuted by the
Following significant correspondence between Mr. Tlden
and Geo. W. Cass, President of the Pittsburgh, Fort
Wayne and Chicago Railway Company:
MR.. TILDENs STATEMENT.
IN, Hon GEORGE W. Casing Dear Sir: was com
eed by what seemed for tho time be the most urgent
of my many duties TO remain in Albany little after the
dngent Chairman Of the Judiciary Committee had
resumed the investigations held in this city In that
interval Mr. George TcknOr Curtis thought it pertinent
10 the defense of Judge Barnard TO introduce certain
statements concerning me from Mr.. Jay Gould IL nap
opened, also. that the examination on this TOPIC ME-
conducted with little artOr with so much art-ta!
b. totally failed to elicit the complete or suDshhtlai
truth, and did produce In practical effect mere Ias
SATn Is NOT pGele; Tue lii an o xceptpnal fness
II had BEEN present. presume Mr. G6uds testimony
could have been developed 80 as to render any I mi
ms If was not tho series OF will assume
them TO be-that have falsed the h WIN Neon
Iiary within your personal knowledge. me Herd'd re-
other eoq9se he; M Field o and Shear
behalf Of the EAs kroAa 4 empS9 D ya J oaS' Owen
T i ssi s 5G a r sa 1s SiP D@'
O. WAN you L ain Smn TLeni A. In se year 10y:
How %uc, d1d yoa py NJ Tdeni A. Ten thousand dollars
he lesr nothing ,9oa Mr. es na s pc i aSa Great
Sow it is Within your personal knowledge that the fee
maid me was for wears service counsel ana aIDer
In tho Executive COMMITTEE Of the Cleveland and puts
burgh Railroad Company Thc , W ,bS dny
communication OF the terms of 1t ever made 10 me was
by you.
Ale. TlIpEN SERVES CLEVELAND AND PITTSBURGH
AND NOT COMPANY
In January 1909 the Cleveland and Pittsburgh Rail
road placed in the possession OF receiver by an
Ohio Court the ground of raud and breach OF trust
committed intended by the then Board OF Directors
Mr. Gould davowed the acts complained Of and desired
IN have the road restored To the management OF a
Board OF Directors TO be newly constituted. you
stated to me that me only ie oE;es waE tb's
srhe Executive Committee 10 he composed OF my sell
Trprcsentcd majority OF the then alleged TO be
eid by the Erie Railway Company l. who had no inter
them was to hold tie balance power between the two
other members, and be able to decide every QUESTION
in respect TO which they should diher. When
tnc mart 10 me. said had interest in the Com
anv and never had any relation to IL which imposed
once 10 Won and Mr.. Mccullough notwithstanding the
arrangement had been made by wnsh lpe ERIE Was 70
non | thought the trust might DC troublesome ano
vcxatous and any rate, ala not want me 9ad
ac"ncsced / at no time made any conditions about
compensation never rendered niii ane pay nre
when they were made. were purely voluntary. pdU
sumc you donot doubt tnat nothing bnt our pc
uas0ns and these OF Mr.. Mccullough induced me many
-, acCnesce Won never communicated to me that there
STos ny idea on anybodys part that should owe any
Guy h; the Erie Railway Company, except to perform
NV duties as counsel director, arber IN the Execu
tive Committee the Cleveland ana PlttspuIg IT Tt
company never ssmed any 0her In orery
duty performed during the whole year. upon ever!
question Of law, OF administration OF ponoy, aST'
and. far as know with 10 0 vi
had no difficulty with Mr.. Could VINO a.ways DenaFou
with consideration and Difference. lie got the COMPANY
nt OF IT'S troubles and largely enhanced the market
value of the stock by the arrangement ana appeaieu
Mr. Gould NAV well say that Except far as acting
I'm the Cleveland and Pittsburgh acting for the Erie
Knew fncyer undertook to do So There never
auv ground 10 pretend that in OF the ltgations OF
countenance from me. As TO the Atlantic and Great
acted o Gr the fG@Pa aSd others @
under several OF the mortgages and Tor certain
hondhOders: and Mr. Gould knew IL. Certainly nothing
in This engagement in the Cleveland and Pittsburgh IN
1ered with right TO continue 10 act Tor those trus
md anu F6YarT $50 argued before the Supreme
Court OF Pennsylvania and in the ONO Court Tor the
and first mortgage bondhoders, various ques
tons the proposed lease Mr. Gould family set up
claim that be was entitled to notice rom me; and a.
once reminded him that ne knew an tn9 ne "n1 my
relations 10 tie trustees aud bondh0lders WERE
and had been for years ana tIat mao neg al
their representative, ad conferences wiz .ue GUMS.
of the Erie The union OF the Atlantic ana Great west
crn Cunuany and the creditors inferior TO the lst mort
gage with the Erie, prevailed; ana leass-"ncn pc
bicve all now agree was ImproVdeut ana uh"se' was
do not mean 70 say that it might not happen that
retainer i sometimes received and yet no furtner ser
vices rendered IN the case presume that inns 0iten
happens without improperly. have only TO say that
so lar rs rccoect 1t has happened TO me IN any
tent to receive compensation fixed by agreement with
ny clients after the services were rendered. nave IN
no instance had controversy difference OF opinion
with any client as 10 the amount OF compensation.
have never heard Of any discomfort after the settlement
unless this may be such a case.
Since there elaborate attempt 70 msrepresent an
net OF my professional life, have right TO say this
without the impulatOn of egotIsm; and have right
10 add that for the last IS years. at least my only tro
le has been not 10 accept more business than could
1erorrn according my standard OF duty aud justice
10 those who intrust their affairs to my management;
cases i'm which the clients willing themselves 10 fix
my compensation 10 my full satisfaction out OF what
they would recognize az acknowledged Dement'S.
now AN HONORABLE LAWYER REsIsTs TEMPTATION.
And have never heSitated TO choose what business
would decline At the outset OF the famous litigation of
the Erie under the Presidency OF Mr. Edrdge, 1t was
communicated TO that the Erie desired TO retain me
and aferward Mr.. j. c. Bancroft Davis. in its behalf
twice came TO my Office TO offer me retaners Declined
In 1869, Mir. James McHcnry when acting In apparent
nnison with the Erie. several times pressed upon me re-
tanners in behalf OF Is scheme Oh reorganization VI Cle
a and G. w; but, after considering bis scheme de
cuned In the same year Mr. James FISK lr called upon
frg suggestions that they desired to retain me in ref
fhe interview he stated that they had paid with
$4,000 To member OF the Bar whose name ne
mentioned. declined do nos mean TO imply mat
there would have been anything wloDg IN actlng us
counsel for Erie in proper case hut SIMPLY, when an
act Of mine challenged 10 state facts which are peril
7Ient to my vndicauon l have ever Stood MOI only IN
1ny personal conduct but in my public influence for the
dignity aud honor OF the Bar ana the purity OF the Bench
nd against whatever should tend ~ weaken or degrade
dAe administration OF justice did so, in 1862 when the
accepted Issue In the Democratic state Convention OF
shat year On the LIST Of February 1870. at the nc ting
which resulted IN the formation O the Bar Association
uttered these unprecedented thoughts:
II the TO become merely method OF making making
an possible. hot king all bazd then the
degsied II the to be merely an Inst tuition that
.iD csu BY bach door the judiciary then
ceeIadd bit is Sir believe that this
utry tonight about the lowest point In the cycle Which
believe there Will
IN which speculation and gambling
;bDg end corruption will lose their govern
e yndce is rght 70 the confidence Of mankind If did not
I,Hrye tink that great Of lie
Id and al The traditions derived from
The halter day 10 wlich-n that dark hOur-T looked
81 bouo Odd faith is now daWung upOu CITY