New-York tribune., 1872-10-16

| SIR: In reference to your recent exposure OF
the act OF Attorney General Barlow in substantially
bribng the Speaker Of the House at Albany in the in
terest OF the legislation he sought and TO the Attorney
Generals attempted defense against that exposure, per
nit a few words.
Mr. southmayd. Of the firm OF Evarte, southmayd &
Choate tried TO induce Gen. Barlow 10 take fee In
litigation affecting the proposed custer by one set OF
gamber Of another set OF gamblers from the Eric Ra
way Company. Gen. Barlow hesitated as TO the " pro-
pricty" OF his doing so. Mr.. southmayd and Mr.. Bar
low are both lawyers and may be reasonably presumed
to know something OF the laws Of this state. Their at
| teuiion is respectfully called 10 the following law,
passed nearly 20 years ago. be found in the second
| volume of the Revised Statutes, page 6S2;
Every person shall promise Offer give cause, OF h or
causing promised offered gvea furnish or agree to
furnish whole or in part any member Of the Senate or As
semb Of this State ie his election such member and either before
quad and taken his eti ~ auy eerE or
other oGo Of The Senate Assembly, AlorueJ Gere,
a. u,n,. . 80 ---aag . . . 10 influence rs vote
oPnion udneut action upon any question natter course Or pro-
eeedng which may png may BY law be brought before
his orca epaty shan upon suh conviction be Imprisoned IN
prison ercrdng years shall be fnei not exceeding
thousand dolars both Ia discretion of the Court
true that by the OF 1860 the briber can escape
criminal prosecution II the bribe bo actually paid Dut
that is only 10 prevent his shielding himself from giving
evidence on the ground that it viii subject himself to
| prosecution.
Atorney-General Barlow gave Smith, then elected and
nominated for Speaker $500, which he calls "a re-
taner," but for which Smith ueytr rendered any ser
| vices except such as he performed in the Assembly
Chamber. Tic law unfortunately makes It the duty Of
Cen Barlow TO attend in person at his own prosycuton
for ccuuUting member Of the Assembly, as provided
by the first volume OF the Revised Statutes At page lSO
in relation TO the duties of the Attorney
He shall oil persons who may be inflicted for eouuptmg
aompt ug 70 corrupt Of the Legislature member
elc. OF DE Senate Assembly any Comm oar Of the LAM
OGe Jroah TO tr sHl aea in person, 90 tie execution o
| th, sites hereby required Of him.
Gen. Barlow says the litigation would involve great
| expenses and require the employment Of numerous
counsel" As TO numerous counsel" there could be but
one suit that ne could control aud that III tho name OF
the people. II no was fC to be Attomey-Generl he
ought to be 5 to try that suit; but We have not yet
heard OF any suit I'm Which Gen. Barlow ever took
prominent part either before after Ills election, e1-
cept, perhaps, some petty collection SUITS As to tho
pcusos II he cousults the statutes before referred
10 ne VIII find that tho Controller directed to pay all
! legitimate expenses in suits brought by the people, II
the amount cannot De collected from the opposite party
E1spelker smith, FOO IS o lawyer. His attention IS
respectfully dircc.cd TO the following section Of tho
statute "Of Bribery" ID Revised Statutes page 6s2,
! which follows the section first quoted
src TO- Eg.ry he M -ec.oa cuunrei who shan ace
any suea pt ulioF any argument undertaking that bis
vote OPT jon Judgment action shall te alaea thereby or shall
be given m any particular ltelar side Of any
question matter cause proceeding. then nenig or which uay ly
lr be brought before him IN ls cs M oraety, sl u7ou
conviction be for disqualified from holding anT public oae;
,h f ii his oGee ard shall punished By imprisonment in the
state Prison exceeding years. or BY ane lo' e-eees V0'
| or both, n The direction Of the Court'
| All these gentlemen must know, what every lawyer
knows that Unprecedented FOR an Attorney General
10 retain counsel Tor private parties or to allow himself
10 become the conduit through which fees arc dstIl0u
ted far ana wide Ire members of the bar NAen
private persons have intrre which can only be pro-
noted by actions brought iu the name Of the people, the
AtorncyGencra gives the el Of these private per-
sons authority 10 conduct th' Cse, % have all papers
served at sch private counsts Office, and tie ,tot or
his counsel retains and pays such additional counsel as
he needs Tic General spc Ks a lis letter 10 the Erie
Company, OF minor retaiuc-s AID cNpcuses S2lyl ol
| We arc glad to learn the items ot the sum
! contcmptuoualy dismissed rs "minOr" (Which exceeds
double what was tho salary OF tic Attorney in
lg.) one of which is thc brLo % H.B:y stu; aud n-
aglpu,h as ho admits that attempts made 20 Dube
mn by TWO sets Of s.JCklodcrs--o-e Itprts I-eI by
fIr. solthmayd and one by Cen sicals-"' W'n!d Like
to know Low much the Southmayd party pd ilin' and
where that money went TO. Perhaps also lc VIII inform
ms why he wrote that letter Aug lG TO tho Directors
OF the Eric Company. The payments wcro made in
January Why did he feel called upon 20 write letter,
evidently intended for publication, to be Nprcseryed
among the papers Of the Company' Did bus conscience
| prick him, or aid NE fear s=posuIel
In lie Neic-Ior lines OF May Il appeared an alda-
Wit Of Francis C Barlow and an order o. discontnuanc
| rs follows:
srppsss CorE-coTryo OF hi,oHyThe People Of Ae Sa of
NeuNok tg I.e is bls, ,,nmsi Jt} COCO 90. tfe.eI-
3 Jay 1iy, bz present. Hol william L. Learned jus
| ucs
e pautfs attorney motion Of i AtornyGeHeF h is
ord that action be dsclus the payment 70 the de-
PENDANTS herein who appeared @ taxable eos AID disbursements
| Granted May u, l3'2 WILL
Copy: 4. G. JUDsos. Clerk
supEME Corar-Cotr Of 5anyThe People Of the STATE Of
NesIoI a. Els RAILWAY Company JJ Goal aal FrcdeHeA
cy aad corayo Of Ha, York. S.. francis c. Barlow. Attorney.
General Of the Of EewYok being duly sworn, That On
April is72 seaoa begun in this Court By the above plaintiffs
against the defendants object which vas 10 call the defend
asa Gould and Laue, accoul! for their Official con-
dut as Directors Railway Company under 'te provisions
Of Le Revised entitled of equitable proceedings aga nst
eooraons said begun at the request sr 10 protect
the interests Of large body stockholders Of said oad resng in
Europe and represented in ibis county BY John swaa their agent
and attorney that deponeut beginning acon has been
eupoxed Swan that the prisoner, represented 1 him bad
made such arrangements With other sckoes o! sad fsoaI a. 90
i.are the proper protection Of their rsLt and that Le5
do not gfuthe the aid Of tie people Of this tts
bi, scion that depoacnt considers this cor matter " p
and not Of public interest and does consider desirable or for the
p interest prosecute when requested to do by the stock
holders Of s part thereof that the summons beren
was served defendants April 1925 that the defendants
the Te Railway Company and Jay Gould have appeared therein the
former by Messr Barlow, Laocque and Mcgafni their attorneys
asd tue latter by Field and sheasn their attorneys and Tat
| the edefendan Lane, has not appeared At all
That complaint has been served and that the time to the
complaint extended that proceedings have been had IN
this action except above that tponeH desires to discontinue said
,eton for the reasons c. BARLOW.
Sworn before me Nay H. 1872, J. MeCARrH Notary Public
| New-York County
1t would then appear that the sickles stockholders
requested any suit to be brought but that the only
request was made by Mr. swan agent IN this country OF
the Heath and Raphael stockholder whose counsel as
| we understand was Eyarts Southmayd, and Choate.
Az this time the Heath and Raphael stockholders were
hitter enemies Of the Boschoffsbeim party.