The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-09-21

q great mistake 10 buppOhe tuht COuiscl must
have been paid in 1882 at the high rates which
ruled in subsequent years. Mr.. Tilden at that
time was in the habit of charging very low
prices, The class Of business In which he was
enssgsd required, particularly, great skill In ne
gotiation--a thorough knowledge Of men,
thorough knowledge Of the railway system and
business condition and prospects OF the coun-
try, and constructive power OF devising and
suggesting ways and means OF reconciliDg ap-
parentiy conflicting pecuniary interests to the
permanent benefit and satisfaction Of all con-
cerned. The mere drduhlg Of papers WIS hard
lv thought Of, In estimating the value Of Mr. I'll
den's services. He was paid because he recon-
ciled and rescued, as no other man In this coun-
try could then have done, interests worth mil
lions which to many persons seemed hopelessly
lost Yet 10 this publication he is set down,
upon mere eurmise, and without any data or
authority, as receiving ttCentv-four thousand dol
lars for work which could not reasonably have
| occupied more than one month OF his time,
| while the answer IN the st. Louis. Alton, ana
| Tcrre Haute case discloses the fact that be was
working at the same class OF business, aud
about the same time, at the rate Of t2o,OOO for
four consecutive years service or at the rate OF
5000 year.
| T. Seventh Item. June II. Cumberland Coal
and Iron Company, 5000.
The Times allows that one-half Of this sum
should be deducted, on the ground that IL
! probably was not earned In 1867. Neither was
| any OF it.
Gov Tilden rendered no serpiccs 10 the Cumber
| land Coal and Iron Company IN that year. lie
| did render II important services during previous
years beginning with 1858, but they were all
concluded before the close Of 1881. II anything
was received IL must have been In bonds, and
In settlement Of an old account, ana not taxa
BILE.
EtOhth Item. "Oct. II, service TO Second
Mortgage Bondholoers OF st. Louis, Alton and
Tere Haute Railroad Company, as per AFFIDAVIT,
$1,000"
OF course no bill was ever rendered by Mr..
| Tilden In the above form. But this item, and
the one mel following, furnished the only basis
on which tho Times started out on this defsma-
tory crusade. 1t pretended to have discovered
an Inconsistency between Gov. Tildens return
of income, In 1862 and certain allegations con-
tained in an Answer IN Equity, 6led by tho de-
PENDANTS. OF whom Mr.. Tilden ia one OF four In
suit brought by the 81. Louis, Alton aud Terre
Haute Railroad Company.
Ifyou will turn to page 81, folio las, you will
nnd these words:
That for such services the defendant, Tilden,
mude charge OF ten thousand dollars against
charge was paid by or on behalf OF said second
mortgage bondholdsrs. on the l7th OF October
| lstl, out of funu contributed by sdlu secuuu
mortgage bondholders, under an agreement be-
tween themselves dated Nov. l. 1859.
Now then, the question presents itself, what
| were the "services" for which this payment
0 was made and wnen we're they rendered. Tc
ascertain this we need only look at folio li3
where we ind these words; And they further
say. touching the statements In bill Of compl I'M
as to the services Of the defendant, Samuel j
ridden, that he had, long prior 10 and at th'
suit in said bill OF complaint mentioned, teeI
the counsel for the second mortgage bondhold
ers, In whose behalf such suit was in stituted
| and that he was counsel also for the trustees %
| the said second mortgage bondholders. and hdt
been from some time IN the year 1857.
0 1t appears. therefore, that this money wal
| paid for services running through I've year
anterior to 1862. and 1t does not appear that an
q part whatever was earned In that year. The de
d, cree fixing and confirming the rights Of the sec
ond mortgage bondholdors was entered at th
y August term in the year 1861, and the sale itsel
took place as e.ry az March. lsd9.
= No 0pprectdbk part, u anu Of this item cd
. therefore be dpportDned 10 ne year lS62.
" Ninth Item. November :. Services I
~ First Mortgage Bondholders Of st. LOUIS, Ait
- and Terre Hauto Railroad Company, us per afh
N dayit, $1,000"
Is THIS item was tho original main stay Of tn
Iutct hldnutEs Ahu 10 hNli Nihhk ~ NiNh Nph'Au
81 cradle tenacity. In support Of Its theory on th
subject, the Times has appealed to the Answe
r. before mentioned. To this document we sha
O) now refer. and at page 81 We Gnd the follOwin
5, statements:
- That the defendant Tilden. for part Of hi
.a services aforesaid, also made "A ch9rge OF tn
NJ Ike sum CT ten thousand dollars on account G
professional services 7, ndered to the First Mort
b. & go bondholdors ana the Receivers. which wa
, paid TO him by the said Azarian & Flag, sul
wing Receiver US Aforesaid.
And these defendants deny that either Of th
Il two claims Of the defendant last aforesaid weT
for, or were ever stated 10y nim as for claim
" gainst u,e reorganization, or that II was Iesoye
by the purchasing committee last aforesaid. ths
g, any claim Of the defendant last aforesaid fc
a. ten thousand dollars against the reorganizatlo
O. be allowed as IN the said Dill of com plaint mel
O. 4 toned" (FOls l4B ltI l4o)
10 To ascertain the time Of the rendition OF III
Of services on account OF which such payment wi
Of made, the reader Is referred to the opposil
IN page, at folio IA, where we ma 1t stated thi
We Mr. Tilden "uds also the counsel for said Recet
ers and that he all 10 acted as the principal couI
Is, sci for the said rst mortgage bondholders, In n
IL lation to the foreclosure proceedings herenb
fore mentioned, and other proceedings comes
d. ed herewith, and that such services had con
menc,d prior to the wear 1859, and were rendere
OF from time to time during period Of upward
u three years thereafter"
as In other words the services were rendered
n. 1855, 1859, 1860 and 1851. No considerable part
n. these services bclonG 10 ne vedr 1867 The Tor
closure proceedingsin whon they were reudcr,
;c had already reached detIee IN August 1851.
a l am aware that a most disingenuous co
struction has been put by the Times upon
ne sentence from tho answer ich have he
M quoted, viz the words, land that such servlc
bad commenced prior to tho year 1850, uud we
a rendered from time To tune, during period
ut uItpgfd Of three years thereafter" The arg
n nent of the Times Is that this sentence adm
ch tho continuation OF these services during
to uhoIe Of tho year 1892 Isubmit that even
no these words stood alone. any far mind wou
read them AS meaning that the services cont
nd ued for upward OF three years after they h
commenced, which IL expressly stated to la
ol- been before the yer 1850. This is tho tue &C
struction OF the words. /: is thor meaning.
rt- eccords with the facte.
nal But, Of course, " the writer desired to asc
In tain the meaning and intent OF this passage, II
, IL found II ambiguous, no would look To tho &C
ge. text, and, indeed, to the whole answer.
aid by referring to page II of this same answ
you will perceive that the foreclosure suit
rt- which these services were rendered was l.