Knoxville weekly chronicle. [volume] (Knoxville, Tenn.) 1870-1875, 1870-06-22
To the Public.

Circumstances seem 10 me to justify the
publication of certain documents in my
possession, which have reference to my
management OF the affairs of the Knox
Vile and Kentucky Railroad.
| submit, first, extracts of Il letter from
one Of my counsel, under whose advice |
declined to answer some of the questions
of the Legislative Committee:
"JONEsBoRO', April II, 1870.
" COioHci Joseph 4. -NUJry:
" DEAR SIR: I'm consequence of my APP
prehension that the train might leave me-
our conversation on yesterday was brief
and unsatisfactory, and to prevent any
misunderstanding on your part of the views
which hastily expressed, | have cOnclud-
ed to address you this letter.
Armed, as the Legislative Committee is,
by the resolutions under which they act,
with unusual and extraordinary powers to
compel the attendance and the eXamina-
ton of witnesses, ii would be as useless as
impolitic to undertake, in any manner,
either TO defy or evade their powers They
should be treated of course, with all the
respect and Difference due the Legislative
Department in whose behalf they act.
After much reflection ON the subject,
am still of the opinion that the most prop
err course for you to pursue is, to obtain
II full and complete transcript of the record,
duly certified in the case against YOU and
submit the same to the Committee, with a
request that they shall judge and determine
for themselves, whether il is proper for
them to make any inquiry touching any
of the matters involved in that suit. The
comfy which is due and generally observ-
ed by each of the coordinate departments
of the GoAernment towards the other,
would, a. ii seems 10 me, preclude the Leg
islature from interfering in any way with
the pending judicial investigation. At
any rate, think the Committee could,
with great propriety, report the fact, and
await further and more explicit instruc-
ton ~ 10 the Knoxville and Kentucky
Railroad. The question could then be dis
tinctly discussed and considered in the
Legislature whether it is proper for that
body 10 interfere with the action of Judi
cial tribunal, or do anything that may
affect the rights OF private parties, now
lawfully in course OF investigation before
an appropriate judication.
1t has always seemed to me that there
is, and must of necessity be, some consti-
tutional limitation upon the unlimited
powers of investigation usually exercised in
Congressional and Legislative committees,
and that there must be some pointat which
the rights of private parties can be pro-
tected, and private transactions shielded
from the prying gaze of excited curiosity;
but where the precise boundary line is,
am not prepared to say, nor do | know that
it has been defined either by judicial de-
cision or legislative enactments.
"Thc spirit of our institutions, however,
looks TO fair play in every species of trial
and investigation, and, unless | am greatly
mistaken, you viii find that firm but
temperate appeal 10 the Committee, or the
Legislature, will prevent that body from
THROWING IL weight into the scales of JUS
ticc aAd attempting 10 turn chem i'm favor
of either Oi the parties TO a pending suit.
Such AT icn-, are the views which /