The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1909-05-07
COL. ACKLEN SUES
COMMITTEE MEMBERS
FOR ALLEGED LIBEL
PAPERS SERVED ON WILLIAMS,
PHILLIPS AND SENATOR
SELLS.
GREW OUT OF RECENT REPORT
Game Warden Contends That Leglsla.
ture Did Not Grant Authority-Flrst
Time an investigating COMMITTEES
Was Ever Made Defendant.

Was Ever Made Defendant.
NASHVILLE, Tenn, May 3.-Allegs
ing libel, Attorneys Laurent Browm
and Eugene insolvency, representing
Col. Jos. H. Acklen. former state game
warden, have instituted suits against
Senator Sam R. Sells of Washington
county and Representative julius
Williams Of Wilson county and W. H.
Phillips of Hickman county, members
of the joint legislative investigating
committee on game, fish and forestry,
and Col Acklen states that similar
proceedings will be instituted against
/ the other member of the committee.
! Representative Frank Langford OF
Davidson county.
/ Damages to the amount OF $4,000
are asked for in each case On two
of the defendants, Messrs. Williams
and Phillips, summons were served BY
Deputy Sheriff John R. Doyle, at an
early hour Sunday morning, about the
time the legislature adjourned Mr..
Williams was on the porch at the
south side of the capitol when service
was made on him; Mr.. Phillips was
on High street. Each of them, it 10
CT Ae he
While no declaration has been fled
in any of the suits, it can be authors.
tatively stated that they are. all based
on the committees report, in which
Col. Acklen was caustically criticised
and his conduct in the Office of state
game warden condemned but Col Ack.
len intimates that this report is not
the only grounds for the proceedings
which have been instituted.
The proceedings are probably unpar-
alleled in the history or Jurisprudence
in the state, for it is believed that nev-
er before has libel suit been based
on report of a committee of the legis-
lature or on words spoken in the de-
bate on the floor of either house of the
general assembly.
1t is understood that the contention
of Col. Acklen will be that the legis-
latiVe committee which investigated
his office in its report exceeded the
limits set by the joint resolution un-
der which it was appointed; that in
in the report the statements
and expressions of opinions deroga-
tory to him, the committee exceeded
the authority conferred on it and that
therefore the members of the commit.
lee cannot properly plead legislative
privilege, In an case, however, Col.
Acklen says that such plea would De
I plea in abatement and confession.
md they could not make it without
acitly admitting the moral indefensi-
,leness of their derogatory statements.
Col. Acklen is now confined to his
,ed at his home, having suffered a
lervous breakdown in consequence OF
he strain and anxiety to which he has
ately been subjected, but when seen
asst night by a reporter stated that
s soon as practicable after he should
e able to be up he would prepare and
lie declarations in the suits.
Il propose to establish in court" said
ol. Acklen, that the report made by
he committee was unfair and unjust
nd not warranted by the testimony
the facts in the case Said report
-ent wholly beyond the two joint reso.
ltions under which the committee
as appointed and to which the COM
littee should have confined itself.
he committee was not appointed to
We opinions but to give facts. They
ent outside of the record In making
eir report discussing questions that
ere not in issue on which substan-
ally no proof was taken, and the
ate game warden was given no OPP
'rtunity to present any evidence"