New-York tribune., 1886-04-01
yEy. YORK AND NEW-ENGL4ND BOND CASE
Mr. CLARKE REFUSING 70 TESTIFY THAT FIELD
Nm SAGE rAME 10 SAVE TIE ROAD.

Mr. CLARKE REFUSING 70 TESTIFY THAT FIELD
AND SAGE CAME TO SAVE THE ROAD
BOsroN. March 31.-Thc New York and New
England bond Investigation was resumed this morn
ing Mr. Clarke said that he had been In MI FIeIts
Office IN y, s-York perhaps dozen times Always upon
affair, OF the New York aud NewEDgand road ABOUT
the last Of November he went there 70
ask him to yay his subscription to tho pre-
fsrred stock. Efforts were made to get tne
people TO settle, but threats were ever used Tho
statement that must be foreclosure was used TO
induce tho Car people consent to the settlement
Nothing was ever said In any way, shape or manner
about getting the States bonds as means oil iorec!os
ing the mortgage.
As 70 Mr. Fields attendance at the directors meetings,
the roac vas IN hands OF the receiver for most OF tho
time duriug which Mr. Clarke had complained OF MS aD'
sence Several letters from Mr. Field stating
that he could the times when requested
Various reasons were assigned At one time be was
entertaining Archdeacon Farrar and could not come
Witness said Messrs Fields and Sag1's kilograms
to him shown upon their receipt to r. l. Hisgn-
son He dd tell the Governor when he showed nun
the letters OF Me.srs Potter and Tower that they were
subscribers to the bonds. a., ,,,.
Mr.. CASTOR said that lie wanted to bring Mr. CLsrko
TO "A confession that other two men dld so nuch 10
save the instead OF trying to wreck H. as ne
'"T The hearing will bs continued tomorrow.
s furnished to the press by acorres-
pondeut signing himself IS R supposed To be sdnoy
Bartletp IN when Governor tr.e no,e lpys
naiing a the NeW-York and New-England Railroad bond
sale is discussed The Governors reasons Tor MS REFUSAL
tia character and on the grounds oil puoS poi5 no.
allowable. without PERMISSION oi Tue rouno,I
nor or of the Governor ana council
This doctrine" says the correspondent, is Go neia
applicable and controlling IN case where the Governor
and council were made the AGENTS OF the Commonwealth
effect commercial or Rseunarv TRANSACTION m, ia nc lie
declaration OF legal principle by one VINO ms the neh
office of Governor is generally accepted anG 50 wsS
hardly require discussion. IL 10 the indlscrlmlnsE
inganulicatiou OF principle laid upon the necessity
OF protecting what may be called tne ponuy,Ai
action and policy OF the wealth b o ~
witnesses To call the knowledge OF the Hovo,n DO, Vr
any other agent OF the Commonwealth eppioyrd no III
noIitical but a commercial TRANSACTION Tor the Slde
confidential and the grounds Of public policy moi TO
be disclosed the trial ef the cause Is ihueeu
dnary. , 49,, =, a. q ha,r,noi bsfore
the commitee all the material points shall not be Gov
erred la and they will be ready not 10 TESTIFY Delorr lh
committee but TO respond 10 an inquiry OF tue
Cnurt ar either branch thereof and VIII promptly give III
that vay all facts in thor possession or kno"cusr
Now tits comedies state secret the disclosure
OF which is forbid by public policy: m secret. vet
netsr he nor Council be required 70 tesy pc
fore the Legislative COMMITTEES. but ths, he 10 Wiling
In that WAY In when the cisiinsnts can ~
onnorrunity TO nerrogate HIM to furnish MS view o
al and this At stage OF the eco xs or
before body where evidence TO con,raoio' MS
statemeBts would not be admissible , -. 100
The orrespondent states that tho question Oh e1
e,nuting Chief Magistrate from the duty ofattenn-
limitation Of the subjects ~ to whcu no eau 10
rated hay been the subject OF exhaustive uscussvu
80 md d9ment in the courts OF the United states e
then cites the tfihI o' iSuff M" 'A' "'S
! beuy against Madison. A., ..,,x tro,,
Tic error of the Governor as TO his immunity rom
being compelled TO attend as Witness ana n,s 'sap say
nronrt.tion OF the principle or puDo poncy 10 cso
y,ch !. not touched by that principle. woud seeM W
bs established by the case thus referred TO-