The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1886-05-07
THE N. Y. ANDN. E. BOND SALE.
Opening of the Arguments in the
Famous Hearing.

BosToN, May 6.-The arguments in the
hearing on the New York and New England
bond sale were begun this morning before
the Committee ON Claims in the Green Room
which contained an audience of fair size.
Mr.. Stackpole put in copies of certain re-
cords of the railroad company Attorney
General Sherman then opened on behalf Of
the Governor and Council. After congratu-
lating the committee upon being so near the
end of this protracted hearing, he detailed
the circumstances under whiche he made
what Mr.. CASTOR termed ''a foul, malicious
and malignant charge or asperslon upon the
the eeharacter of the counsel for the petition
erS."
Proceeding to consider whether Mr.. Field
has claim in law or equity, the Attorney
General, after reading the decisions Of the
Supreme Court in the cases of Palmer ".
Haverhill and Mayo, Jr., and others as the
County Commissioners of Hampden, argued
that Mr.. Field has no claim because his bid,
being the highest, was not accepted, the
Governor and Council having expressly re-
served the right to reject bids. If the bonds
were not legally sold they belonged to the
Commonwealth still, and Mr.. Field has no
interest in the question. 1t is said that the
Governor and Council had no right to take
into consideration the purchase Of the pre-
ferred stock, but he said that they had
right to do so. But practically this is an ae-
ton by petition for libel. The General
Court is the highest court in the Common
wealth, but this is the first time he ever
thought an action for libel could be sns-
tanned. And yet this Is Is PIEactlealy Pr what a
dication simply because the Governor wrote
letter abusing him. On the contrary, the
Governor never sought, and has not from
the beginning, to do Mr.. Field an injury. He
has maintained silence under circum-
r+a l,ot axr11 Of
would. This whole trouble was begun and
forced upon the State by Mr.. Field, and If he
goes out of this Commonwealth with repu-
tation not as good as he came into 1t with, IL
is his own fault and lies at his own door
Mr.. Higginson got the bonds, and MI fleld
has ever since been crying to the Common
wealth of Massachusetts to protect him be-
cause Mr.. Higginson got ahead OF him in his
own game.
The Attorney General argued that there
was no occasion for the foreclosure of the
road, and, in conclusion, said that, while the
committee could simply vote leave to with
draw, they ought to pass upon the Govern
or's actions in the matter and upon MI.
Fields course. Under the evidence. the
committee, he submitted, must report leave
Hon. David Dudley Field then addressed
the committee. After promising that he
would be allowed to speak not merely with
the rights of an advocate, but with the Tree
uOlll VI d SOu3 MI. It lclu W
viewing the circumstances connected with
the advertising for proposals and the sub
s..ietizs5 Of bids, asking what rights, If any.
the invitation and the bid created. The sale
could be made only for that which could be
invested, for money. The rules of law and
Of justice which should govern this tran sact-
ton were that the sale should be perfectly
open and free, the sale should be for cash
only, and the reservation should be such only
as the public interests OF the Commonwealth
to get the most money into its treasury re-
quired. But how did the petitioners learn of
the proposed sale. One learned it by acci-
dent when coming out of church on Sunday.
Mr.. Field argued that the Governor and
Council accepted the lower bid by arrange
ment between themselves before they reject
ed the higher, and submitted that in the an
nails of the executive chambers of this coun-
try there will not be fouud the equal of the
language used by the Governor, as to the
New York bidders, in respect to any respect
able citiQen. Mr.. Field read the Governor 5
statement in regard to the sale, commenting
upon various portions of it, and continued !;
What could Messrs. Field and Sage and their
associates do, or any man of spirit do, but
throw it back, although they had to throw. 1t
into the sacred precincts of the Executive
Chamber of Massachusetts,? They threw II
back and said it was false. He declared that
it was for the committee to say whether cltl-
zens of New York had equal rights in Mas
sachnsetts, and whether the Office OF the
Governor also conferred the privilege OF libel.
The committee adjourned to next Tuesday,
when the closing arguments Will be made by
Hon r. R. Bishop for the State and ex-Goy.
CASTOR for Mr.. Field