New-York tribune., 1873-03-19
ITTORNEY- GENERAL BARLOW'S STATE
MENT.

iBE INTRICACIEs OF ERIE LITIGATION-CON-
CERNING COUNSEL AND THEIR FEES-WHAT
BECAME OF THE MONEY-SPEAKER SMITHS
SHARE IN THE MATTER-THE sICKLES COUP
GENERAL PRESS DIsPATCHl
ALBANY, March 1S-The special Committee
4 the Assembly to investigate Erie Railway matters
net at o'clock this morning, in the room Of the Assem-
Ny Judiciary Committee on state-st. There were pres
ut Messrs Babcock, Lincoln. Carpenter Opdyke, and
orry Attorney Genera Barlow appeared, and stated
hat his official acts had been criticised with reference
the matter before the Committee, he desired TO be
bard either as a witness in explanation Of his
eOe Mr. Barlow cited chapter Isl, Laws OF 1870, by
which actions to change the direction OF railroads could
brought only by the AttOrney-Genera denied being
niaihed by the Erie Railway in any way, receiving
oreety or indirectly any compensation from the COM
pany and said he only doing what the statute
Sured hun 10 do The Heath and Raphael party of En-
Esh stockholders represented by Messrs Eyarts,
huthmayd, and swan.
M Barlow said that prior TO his term Of Office an
eon had been brought in the United States Courts
nee were reasonable grounds suspect frauds in the
management Of the Erie Railroad. If the complaint
vas d poor accommodation or anything like that, the
sN were on the behalf Of the public and Of the public
M<est Suits for frauds were Of private nature, Of
seh The expense should be borne by the dividuas or
stockholders in interest. Cen sickes represented the
OOosehmidt party Of English stockholders, and Mr..
10W stated to him that the matter OF private
."sfea the expense should be borne by the stock
.OOers' and he stated 10 Gen. Sickles that,
VI ne better prosecution Of the suit ans
" conducting Of 1t, he preferred TO select and
~py counsel 70 be under his control direction in
@ matter and so directly TO represent the people
We prosecution Mr.. sickles consented TO the propo-
-Oo ana offered personal compensation to Gen Bar
yvaG rcfu
0n fS OF the code he could have received, but did
~ Vn Dec. 90 1871, two days before the commence
DaioW term OF office as Attorney Gener, al Mr.
SrOte 10 him requesting him 70 act as represent
~ "e interests OF the English stockholders Of the
-1Vnshelm and Goldsehmdt party, and Offering 70
-, w. sum OF $4,000 IN his hands for the purpose OF
"euuhg the action; Gen. Barlow placed the Orig
Tuef from Gen. sickles in the hands
~e Committee, and his reply TO sickes
49, produced 10 which the proposition made by
'Netes W. accepted. In addition 10 the $4,000
$50 Oy Mr. sickles and 10 Mr.. Barlow, in April,
Nste placed In his hands, and it was from the
VshhOlders and not IN any manner from the Com
a. - April the change in the Erie management
So W Ar' sekles was surprise TO Mr.. Barlow,
"a 'hat' as Mr.. sickles then had his friends In
~, Aere would be need Of counsel or OF the suits
,,.,- LAO been Intended About April 0 Mr.. Barlow
nr siekles desiring 10 close up the funds
so,n u'' ana stated that Mr.. smith, Of counsel,
a.0.Ne a.0, no other compensation than the fee al
AZ % Su him as retainer Mr.. Tremain had been paid
,,r.Su ID consequence Of his sickness Mr. Hale
sued 10 do most Of the work and should have ad-
A,. mpeusation-the counsel in the being Mr..
,.,, Mr. smith, and Mr.. Hale on the 9th OF April
"as received from Mr.. sickles, as follows
his hEsIhSsTER HOTEL, NEW YORK, April o.
sn trs.ILSs BARLOW: After adjusting matters
na u ss sblth and Mr.. Tremain do not see bot
ARsftey Sas La reached conclusion. 80 far as the
uNzeb,sr nsIa had relation TO the stockholders
(g lein.s, Wy you should review and reconsider
erraa..O take a special retainer from as None OF
sl az Instances In which you hrsitaIed have nap
evwte caDOot now haDpen. j tFust that,