The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-19

cited the Laws OF 1872, volume H.. on which the
Attorney General was authorized to accept costs
accounting for the money so received to the Comp
trOller at the end of the fiscal year. Regarding
General BarlOw's connection with the Erie Rail-
way he desired 10 to be understood that he had no
connection with any one other than the English
stockholders.
REGARDING MR.. SMITH, THE SPEAKER OF THE
ASSEMBLY,
who was employed as counsel, 1t had been decided
by General Barlow and his associate adviser that
on accC unit OF the complexion OF the judges then
sitting In New York the venue or the case should
be changed to Albany, and rom previous conneo-
ton with the Ramsay suits against the Erie Kali
way Company and the Albany and Susquehanna
snits the selection was made OF Messrs Smith,
Tremain and Hall the best men to be en-
ployed counsel in the case. The first CONVERSE
tion with reference to their employment took place
in December, and as soon as Mr.. Barlow went INTO
office and the money had reached him to pay the
expenses. Mr.. Smith was retained as counsel IN
the case on January 1872, and only as to the ti-
CATION and net with reference to legislative action.
At conference held in Albany on January 4, in
which Messrs Hale Tremain, r. W. Peckham Jr.,
and Mr.. Swan took part it was noted that officers
OF railroad committees who could be removed by
Judgment could be suspended at the beginning OF
office, and that legislation To accomplish this would
be necessary as the repeal OF the Erie Classification
act would leave the present managers stu In
office. bill was therefore prepared. and Messrs.
Hale Tremain and others argued 1t before the Ju-
dietary Committee. While the preparation OF the
bill in equity was going on inquiry into the con-
tracts made by the officers OF the Erie road was
instituted II was found necessary 70 procure
large amount Of evidence. and General Sharpe was
employed by Mr.. Sckles, as also Mr.. Seymour, for
mery State engineer, to obtain the evidence.
LITIGATION CASES.
The reasons given by General Barlow fer the
delay In the commencement OF the Erie suits were
that Mr.. SOuthmayd had the charge OF the drawing
OF the BILL and the object OF the litigation being to
remove the men then in office, IL became necessary
to have them suspended from office by legislative
action, and, at the request OF Mr.. Southmayd, on
the Sd OF April, suit was commenced by
the service OF summons upon Jay Gould,
Frederick A. Lane and upon the Erie Rail-
way Company, by service upon General Dix,
the President Mr.. Sickles did net like this, and
the suits, at his request, were discontinued. The
testimony given by General Barlow tended to show
that the sudden change in the conduct Of Mr..
sickles consequent upon the sudden accession
to power OF his friends bv means Of the Sickles
coup Getat and that Mr.. sickles had Notified Bar
low that they had already recovered over a
recover MORE No evidence of Importance
regarding Mr. Smiths connection with the Erie
Railway legislation was elected but the impression
that Mr.. Smith had been spoken to in the matter
OF being counsel by Mr.. Ramsey and others before
his employment by General Barlow was evident.
At the close of General Barlow's testimony the
committee went into executive session, and ad
journed to meet tomorrow morning. at nine
O'Clock, to consider in the meantime upon the pro-
priety OF cross. examining General Barlow.