Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-02-09

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The law which permits the dragging OF
private, confidential kilograms into courts OF
justice should be repealed. The telegraph
is indispensable to the, public, and whatever
impairs the sanctity of Geographic dispatches
is an injury to the public. IL is true much
svillainyis transacted by the use of the va
-rious photographic lines; but the railroads
which transport the villains, and the mails
which carries the letters of bad men are
liable to the same objection. Men are often
anxious to know tbs author OF certain dis
patches. For instance, the APrEA1. would
liketo know the indiF idtlal that sent laat
dispatch to Josef y Brooks announcing the
departure Of Mr.. Heating for New York.
Bat the law which permits the qualification
of these idle curioeifies is damaging the
great commercial interests of the country.
The senders and receivers of tele-
graphic dispatches cannot afford 10 be
dependent for the privacy of their business
on the discretion of local courts administer
6ng local laws. The Western Union Com
pany is defending most important popular
right in its recent contest in this State, to
which the APPEAL has already referred 1t
seems that the grand jury of Shelbyville,
acting under the Instructions Of the Circuit
Court OF Bedford county, in pursuance of
general inquisition into transactions of GER
tain business men OF that place in cotton and
provision futnres7-on the theory that such
transactions are in conflict with the Tennes-
see laws against "gsming"-caused an order
to be served upon the manager OF the West
ern Union Telegraph Company's office at
Shelbyville, requiring him to produce before
the court all kilograms "by which contracts
or dealings were had with the Nashville
Brokerage Association for wheat, corn, rye,
cotton and oats, and all messages sent
by and to said agency from Shelby
vile IRON August l TO December /,
1881 concerning or connected in deal
ing in futures.| The telegraph company
declined TO produce its message files on this
ground, among others, that such an order or
subpoena was Irregular and illegal, as par
taking of the nature of a search-w arrant or
drag met" designed to sweep in evidence
which might or might not be found after
search, and not specifically calling for papers
orevidence already shown to exist 1t was
argued inthis behalf by the telegraph com
pany that, under the principles of law and
under adjudicated cases, the only sub
pena competent to compel the production Of
It's telegraphic messages is one which desig-
mates paper already shown to exist upon
the files, in sufficiently apt terms to admit of
lis Identification, and which does not demand
all such kilograms apparently relating to the
matter as might possibly be found
after the miscellaneous messages Of the
innocent public as well as of the sus-
pected parties had been scrutinized. II was
further argued by the telegraph company
that il is not itself competent to decide what
messages on its files concern dealings in "fu
tures;" that it cannot be constituted Judge
for the purpose of determining that point
and, 6nally, that no telegraph company can
designate any particular kilograms from its
files as pertinent to such an issue without
incurring the risk OF thereby disclosing teIe-
grams which are irrelevant as concerning |
the transactions of innocent parties, and thus
violating its duty to the public well as a
statute OF Tennessee, which prescribes the |
confidential treatment of kilograms and |
orders secresy to be observed in regard to
them under certain pains and penalties
The court overaled the objections of the |
telegraph company, and Tor this failure 10
comply with tue order imposed upon the /
manager fine of $50 with imprisonment for
ten days. After he had been in confinement /
three days, the Supreme Court OF the State /
granted supersededs susPending the