The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1872-02-15
PRIVILEGED QUESTIONS.

The arrest and arraignment Of John
w. Jenkins, Esq, before the bar Of
the House, for refusing to answer certain
questions put to him by the committee APP
pointed to investigate the charges Of fraud
and corruption in connection with the pas
sage of the funding-bill iniquity at the last
session of the General Assembly, and his
attempt to throw himself upon the privi-
leges of an attorney at law, and decline to
answer the questions put, on the ground
that, if answered, they would draw out
confidential communications made to him
by his clients, raises not a very nice ques-
ton for either lawyers or members of the
General Assembly to determine. Mr..
jenkins is lawyer, and has, we believe,
the reputation of being well-read one.
This being the case, he is presumed to
know what communications made to him
as lawyer by profession are privileged
aud what are not. 1t may seem, there
fore, little presumptious in us to
undertake the task of informing either
him or any of the legal gentle
men connected with the House what
is and what is not privileged COM
munication," in law-one that Mr.. Jen-
kins, as lawyer, may rightfully refuse to
b communicate in his answers to the COM
mittee.
In our opinion he is not shielded; and
consequently he stands contumaoious witt
ness at the bar of the House, and should
be dealt with accordingly. Privileged
communication" are those which take place
between a client and his legal adviser, and
It is the policy of the law to shield such
communications, so that they shall not be
disclosed by the attorney without his eli
ent's consent. They are communications
between la,oyers and clients not between
lobbyists and the bondholders who engage
them to influence measures Of legislati on
before the General Assembly. Mr.. Jenkins,
as a lobbyist, was necessarily no lawyer /;
nor were the bondholders, who en-
ployed him, his clients. He was
simply an agent of the parties employing
him to do particular act, which was to
solicit and influence members of the Cen
eral Assembly to vote for the Funding bill.
This is all that he can make out of his re-
lation to the parties, if he rummages a
hundred law books, in as many law libra
ries, to hit upon different relation. He
was employed by them, not because he was
legal gentleman, but because of his sup
posed influence and power in the lobby OF
the House. Lobbies are not such places Of
high dignity and trust as to be the exclu.
sive and recognized forum of the legal pro.
fession, nor are those who employ gentle
men of that profession to act as lobbyists,
clients in any such legal sense of the term
as to render their confidential COM
munications to them privileged"
A "client" is one who applies to pro-
fessional lawyer or counsellor for advice Oh
direction IN question of lato, or one who
commits his cause to his management III
prosecuting claim, or defending suit, i,
a court Qfj,astice. In all other cases where
lawyers are employed, there is no sucl
thing as pricilege given to the comnunica
tons passing between them and their EN-
ployers. This Mr.. Jenkins ought to know
He ought to know that it is only as pub
Tic attorney, or an attorney at la,c, that h
is an officer of the court, and has the RICH
prosecute and defend actions therein il
behalf of his clients, and that onl,
communications made to him Will
acting in that capacity are privileged
When acting as mere pirate attorney, 0
rs one employed to transact business GU
of court, not involving question of la,
i'll which his advice and direction are sough
by the party employing him, nor any ques
ton likely to involve a disputed point i
law, he is in no sense of the word acting a
an attorney for client, but simply az a
agent for his principal. The money he re
ceiyes in this capacity is not RETAINER