The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-02-28
Acknowledgements Reply.

Hon. Beverley T. Crump.
Chairman State, Corporation Commits
sion, nichmond, Virginia:
Dear Sir,-I have examined the COM
municauon ttermed 'report,'D from
the chief clerk of the State CORPORATION
bearing date April II, 1905. enclosed in your
letter of the 18th inst, and now herewith
returned; and have carefully considered
the following question: submitted to me
report is an official document, constituting
u part of the records OF the commission.
SO that II Is open 10 public inspection, or
a copy should be furnished on de-
mand 90"
The enquiry has involved careful investi-
cation and, In one OF It's aspects, the ex-
This has rendered 1t impossible for me to
make an earlier response.
| find the following authoritative def
nitionS of Il public record
Record, in its broadcast sense, is me-
mortal. public or private, of what has
been done. 1t is ordinarily applied to publ c
records only, in which sense tits writ
judicial, legislative or executive author
lied by law to perform that function, and
intended to serve as evidence Of some
thing written. said, or done.
Any record required by law ITO be kept
by an officer, or which he keeps as nee
essary or convenient to the discharge of
Ai lcS Ss aa1x Law pIc pa1s fef s. los
A written memorial made by public
officer. authorized by law to perform that
junction, and Intended to serve as cyl
.dence OF something written, said, or done.
s(Bouvier's Law Dictionary, Vol. 2, p.
416)
This latter has been adopted by the
Supreme Court of Appeals of Virginia in
Coleman's case. % Graft, SS1, where. af-
ter quoting Mr.. Bouviers definition, Judge
Bouldin, In delivering the opinion Of the
court, says:
1t must be "a written memorial must
be made by "a public officer" and that
officer. must be 'iAUTHoRIzED by law
mot REQUIRED to make DIT. These Gle
make the record n public record.
Applying these tests to the communica-
ton from your chief clerk, above refer
not record Of the State corpoFration
Commission, and not q public record"
within the meaning of these accepted
definitions.
It is not q memorial" in the sense in
which that word Is used in the above
definitions, OF any. act done by the COM
mission; nor is It intended to serve as
evidence nor is it evidence. of anything
written, said. or done,
While it may possibly, in some sense,
be e, considered rs, an ot dc doeMment i
is Clearly s. in the the highest sense. prlvi
legged communication.
conclude, therefore, that 1t is not a
paper q COPY Of which the commission Is
to mo that it is within the province OF
the commission, in its discretion. either to
Withhold or to furnish such copy, as 1t
to the proper administration of the de-
partment and to the important public
interests under It's charga, and to the
oea ot s MADE MnH te the
ton, to the protection which the law
gives him.
Very respectfully and truly,
WILLIAM A. ANDERSON.
To Hon, BeVerley IL. CrumD, FIX * slg
Chairman State Corporation Commits
sion. Y,
support of opinion given State Corporation
Commission, May n. 1905.
Cyclopedlc Law Dictionary. title RE-
cord" ag ( ss
Bouyler's Law Dictionary, Same title
e &COleman's case. % Graft, ISL.
1S,An. and Eng, Enc, Of Law, I'd cd, PIP.