The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-19
PROCEEDINGS BEFORE THE COMMITTEE.
Attorney General BarlOw's Statement
He Had Nothing to DO with the Erie
Company and Accounts for the Stock
holders Money-Why He Would Not
Take n Fec.

He Had Nothing tn DO with the Erie
Company and Accounts for the Stock
holders Money-Why He Would Not
Take u Fec.
ALBANY, March IS, 1873
The special committee of the Assembly to in
vestigatc the Eric Railway matters met at nine
O'Clock this morning, in the rooms OF the Assembly
Judiciary Committee, on State street. There were
present Messrs. Babcock Lincoln, Carpenter, Op-
dyke and Crazy.
WHY MIR. BARLOW MAKES A STATEMENT.
Attorney General Barlow appeared. and stated
that. as his official acts had been criticized
with reference to the matter before the COM
mittee he desired to be heard either as wit
ness or in explanation OF his conduct Mr..
Barlow cited chapter 151, Laws OF $780, by which
actions to change the direction of railroads could
be brought only by the Attorney General, and
denied being retained by the Erie Railway in any
way, or receiving directly or indirectly, any
pensation from the company. He had only done
what the statute required him to do. The Heath
and Raphael party OF English stockholders were
represented by Messrs. Evarts Southmayd and
Swan.
THE SUIT WAS OF PRIVATE INTEREST.
Mr.. Barlow said that prior to his term OF Office an
action had been brought In the United States
Courts, as there were reasonable grounds to sus
pect frauds in the management OF the Erie Rail-
way. II the complaint was Of poor accommoda-
ton, or anything like that, the suits were on the
behalf Of the public and OF public interest
Suits for frauds would be of private nature.
the individuals or stockholders in interest Gen.
eral Sckles represented the Goldschmidt
party sa ID t h tho % n and Mr. was sap
private Interest, the expense should be borne by
the stockholders. He also informed Mr. Sickles
that for the better prosecution OF the suit and the
conducting OF 1t he preferred to select and employ
counsel, to be under his control and direction in
the matter, and so more directly represent the
people In the prosecution. Mr.. Sckles consented
to the proposition and offered personal compensa
ton to General Barlow, which was reiused-a com
pensation which, under section 434 Of the Code, he
could have received, but did not.
THE MONEY THAT WAS PLACED IN BARLows HANDS.
ON December 3d. 1871, two days before the com
General, Mr.. Sickles wrote to him requesting him
to act as representing the interests Of the English
stockholders Of the BischOfsheim and Goldschmidt
party, and onering to place the sum OF $4,000 in
his hands for the purpose OF prosecuting the
letter from General Siokles in the hands Of
the committee, and his reply to sickles
was also produced. in which the proposition
the $4,000 named by Mr.. Sickles and sent TO Mr..
Barlow in April. $4,000 more were placed in his
hands, and 1t was from the Erie stockholders and
not in any manner from the company. In April
the change In the Erie management effected by Mr..
Slckles was surprise to Mr. Barlow, who saw that
as Mr.. Sickles then had his friends in ONCE there
would be no need OF counsel or the suits which had
been intended. About April Q, Mr.. Barlow wrote
TO Mr.. Sickles, desiring to close up the funds in his
hands, and stated that Mr.. Smith, Of counsel,
would receive no additional compensation than
the fee already paid him as retainer. Mr.. Ire
main had been paid $780, and In consequence OF
his sickness Mr.. Hale was compelled 10 do most OF
the work and should have additional compensation,
the counsel In the case being Mr.. Tremain, Mr..
Smith and Mr.. Hale. On the 9th Of April q letter
was received from Mr. Sickles, the reading OF which
was as fsllows:-
sICKLEs OFFERS BARLOW A RETAINER.
WESTMINSTER HOTEL, New York, April O.
Dear General BARLOW: After adjusting matters with
Speaker smith apd Mr. Temain do not now that The
case has reached conclusion. So lar as the Attorney
General had relation 70 the stockholders represented
why you should not review and reconsider your refusal
10 take special retainer from None OF the con.
course cannot now happen. trust that therefore, you
Will regard the balance remaining In your hands as
own fec and thus close the account ID. K. SiCKLES.
BARLOW REFUSES MONEY AND EXPLAINS.
Mr.. Barlow, In reply, submitted q statement OF
the expenditures made by him, which, after includ-
Ing several Items OF contingent expenses and pay
ments to counsel OF $1,000 to Mr.. Treman 800 to
Mr.. Hale ST. 800 to Mr.. Southmayd and $500 to Mr..
McFarlane, left balance OF $3,3O7, which was re-
mitted by check to Mr.. Sickles, in addition to the
$4,000 received IRON the sckles party OF English
stockholders. Mr.. SOuthmayd's party sent $1,000,
which was paid to Mr.. Carter In defence OF
his action In refusing to take any extra CON-
DeQsati0n Tor his services. General Barlow