The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1902-05-13

teGlllIlS circumstances snow That TIE
writer desired them TO be concealed. But
| nave chosen to refuse to make F"-'l
public. and at this writing DO not intend
to do so without your consent.
I write this to inquire if you desire
these papers to be published or to IL
delivered to responsible persons for in
spection. Yours truly,
d. L. RUSSELL
To Ibis I replied:
Raleigh, n. G., May >, 1902.
Hon. .. l.. Russell, Dear Sir: Yours
Of date 2nG of May brought by hands of
Mr. #. II. Busbee and Capt. w. H. Day,
Was handed me last evening by Capt. w.
II. Day in person, with request that |
deliver my reply to his stanographer if
he were out of town.
When as Chief Executive you were en-
deavoring to enforce the law against the
great railroad corporations. who Wore
openly violating it, you sought me and
asked my judgment and advice. Believ-
ing that all violations of the law should
be repressed, 10 matter how powerful
were those committing those violations,
1 thought it my duty to give you what
ever proper aid | could. If in so doing
| made any communications Which We're
official, they should still be in the exec
ttiFt HES. IL they were Del SCDd ana
confidential, received and accepted by you
as such, why are they now in the pos
session of the attorneys of tha corpora
tons whom you were then proceeding
against for violating the laws of the
State?
Without admitting your mistaken al
legation of fact and your process of reas-
ching by which You seek to justify your
delivery OF whatever | may have written
you in personal confidence, to the cOun-
sci of the impeached judges. still if the
proprl2ty of that act were conceded. it
does not account for the fact that more
than twelve months after the acquittal
of the Judges, the originals should be de-
liyered to the attorneys of the corpora
lions who are seeking to avenge On me-
yOur attempted execution of the law
against them. and that it is part of a
violent attack upon me by a man whom
you removed from office because IN tho
execution of your sworn duty YOU ad-
Judged you were compelled TO do so.
AS you offer to send the let
ters to some responsible friend of
yours at this point for inspec-
ton, I will be glad if that can be done.
with leave for me to take copies. May |
ask that this be lone as promptly as may
- 'iNAh oth ~ - 'A!N
Yours truly,
WALTER CLARK.
Capt Day being out OF town ana not
knowing how far the clerk of this at+or-
ney of the Seaboard Railroad Company
was authorized to represent ex-Gov. Rus
sell, the above letter was sent him direct
by L. S. mail.
By mail. and not as before. b. the
medium of the ATTORNEYS OF the two great
railroad systems / received the following
reply:
Wilmington. n. c., May 5. 1902.
Hon. Walter Clark, Raleigh, n. c.
Dear Sir: Yours of May 9Th received.
AS to your allegation about my asking
your judgment and advice, l merely
note it to say that it is not admitted in
manner and form as stated.
/ have this moment written a letter to
Hon. T.. H. Busbee, a copy of which is
herewith inclosed.
Yours, etc,
d. L. RUSSELL.
The following is the copy Of his letter
to Mr.. Busbce which he enclosed mo:
Wilmington, n. c., May 6. 1902.
Hon. f. H. Busbee, Raleigh, n. G.
Dear Sir: | have sent you the papers
written by Judge Clark. These papers,
F DIS you klOW, were SO1lliLlllitc1 10 you IN
the confidence that they would be kept
private and secret ana not used unless
it became, in the opinion of counsel. alb
solutely essential for tho defense Of the
impcached judges. JUDGE Clark has re-
Guested me to deliver them to some
friend of mine for the inspection of him
self or of his friends. | desire you 10
comply with this request.
OF course you can furnish copies to
Judge Clark, or to any one authorized
by him to receive them.
It must be distinctly understood that
no one of these pap rs is to be given out
for publication by you, nor are they or
any of them to be shown to any one ex-
cept Judge Clar!, o" to his authorized
agents. If tney are published tho pub
LEGATION must be male by Judge Clark.
Please understand that this letter is
not for publication and that it also is
now written to you in confidence that
you will not reveal its contents.
Yours truly.
q. l.. RUSSELL.
In this letter Governor Russell r%e-iter-
2tcs "a statement made III his first let
ter above, that my letters to him a
never ron" out of his hands, except IL
counsel in the Impeachment trial. to be
used in defense Of the Judges, if deemed
necessary, (Which was not done), anu he
says to Mr.. Bu5bee' the letters were
committed to you in the confidence that
they would be kept private and secret
and not used unless it became, in the
opinion of counsel, absolutely essential
for the defense of he inlpeachoG Judges
IF that statement is correct. information
which Mr.. Busbac acquired in the con-
fdential relation Of attorney and client
has since been made public without the
consent of his client and in violation Of
the professional confidence reposcd in
him. Whether this has been lone to
crafty personal malice or because it
would be profitable to him to crafty the
Southern Railroad by striking at a Judge
whose decisions That road could not con-
troll, ! am not informed. Certain it is,