The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-05-11

marked private" I was and have been
unwilling to make them public.
1t is easy, perhaps natural for you to
say that / have already made them
public, because the letter of Mr.. Wilson
processes to give their substance. and
that this shows the he must have seen
the papers Whatever Information MIR.
Wilson may have received about them
was not authorized by me. | never heard
of his purpose to attack you and knew
literally nothing about it until saw his
publication.
1t is not clear that Communications
to a public officer regarding his public
action impose an obligation on him to keep
them secret because they are marked
secret. or because their text or the at
tenHing circunbtances show that the
writer desired them to be cone called. But
have chosen to refuse to make them
public and at this writing do not intend
to do so without your consent.
[ write this to inquire if you desire
these papers to be published or to be
delivered to responsible persons for in
spection Yours truly,
D, L. RUSSELL.
To this l replied:
Raleigh, N c.. May 5, 1862.
Hon d. l.. Russell, Dear Sir: Yours
of date End of May brought by hands of
Mr. f. II. Busbee and Capt. w. Fl. Day,
was handed me last evening by Capt. w.
H. Day in person, with request that
deliver my reply to his stenographer if
he were out of town.
When as Chief Executive you were en-
deavoring to enforce the law against the
great railroad corporations, who were
openly violating it, you sought me and
asked my judgment and advice Believ-
ing that all violations of the law should
be repressed, no matter how powerful
were those committing those violations,
l thought it my duty to give you what
ever proper aid / could. If in so doing
l made any communications which were
official, they should still be in the exec
utive files. If they were personal and
confidential, received and accepted by you
as such, why are they now in the pos
session of the attorneys of the corpora
tons whom you were then proceeding
against for violating the laws OF the
State?
Without admitting your mistaken all
legation of fact and your process of reas-
oning 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
propriaty 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-
livered to the attorneys of the corpora
tions who are seeking to aVenge on me
your attempted execution of the law
against them, and that it is part of
violent attack upon me by a man whom
you removed from office because in the
execution of your sworn duty you adj
judged you were compelled TO do so.
AS you offer to send the let
tiers 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 l
ask that this be done as promptly a may
be consistent with your convenience.
Yours truly,
WALTER CLARK.
Capt Day being out OF town AMI not
knowing how far the clerk of this attor-
ney Of the Seaboard Railroad Company
was authorized to represent eX-GOv Rus
sell, the above letter was sent him direct
by U. S. mail.
BY mail and not as before, BY the
medium of the attorneys OF the two great
railroad systems | received the following
reply:
Wilmington, N. c.. May s. 1902.
Hon Walter Clark, Raleigh, N. G.
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
nd form, fad
have this moment written n 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.. Busbre which he enclosed mo:
Wilmington, ~ c., May 6. 1902.
Hon. f. II. Busbee, Raleigh N. G.
Dear Sir: have sent you the papers
written by Judge Clark. These papers,
as you know. were committed to 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
impeached judges. Judge Clark has re-
quested me to deliver them to some
friend of mine for the inspection of him
self or of his friends | desire you to
with this request.
OF course you can furnish copies to
Judge Clark, or to any one authorized
by him to receive them.
1t must be distinctly understood that
no one Of these papers is to be given out
for publication by you. nor are they or
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