New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-06-19

~ ,,iy unicipa character relating TO the ssAis o. e
ny III nsI, 10 would follow incident
70 The ght 10 les.e for would be an neonssss', tv ~
under the Charters. s1eree the power sns yet nay nG
DO what is essential to enable them 70 ehs','s .it,a.
and 10 compel them testify vested y each eass % s1s
N y s s.ss The soyesen .uhoy Of state
primarily "a the people and the manifestation or EXERCISE o.
S ne sve-the Joint Of which. or vote
bird. in es House when the Executive dos not sonesr
House. h., The sos- 6itEibu te Of sovsreisniy.
Nsha, body is shst Blackstone denO,snstes Psrsnenf:
The pace rSss ,ents must reside .o-whse Com
IsI Cor power be exercises only BY oe &c
Ss1rtr, We have cosnired what in Ens.nd ,srmes
M r moi therefore " virtue ab.olu. sovereignty
tbsteseh H.use the gssure exercises the power OF com
49,. y neee,sary TO -esbe il TO cooperate and perform
rs part the duty ofiresaiErn IL exists Tor ne saae a
from no stsnte conferred BY BAT Y eoeya with
the Of seh Tribunals ha',1s es
Court authority sumnsn wiaees anu
give evdeaee il cosd not peTform 6 naufA anu 's'o
fune,.ora
Thss coune indepssdsnt Of the ,tae sadss
wGS , Ss IIoSss WAY powers had the ,ht nas
rent in either Board of investigating uniepa mses ~ zoe
ss nssses 70 sppesr and testify II Asvs he
doubt and if there doubt esre Is 10 oy ,ns
" eosnse the 81 the right ~ called 10 u, title
An act 70 onabe the Common Council TO take testimony IN
that the title fs no part aud tbs OF statistics
usually affixed by Clerk ser the bill had passed IN the
House where AMI .sn.eqseS % s Ana
though practice differ snt the reason 81 me RUE eon
the ceuse Of their passeehanss always nsonant with
the ie ard sometimes entirely iseonsisent with " bu,
or private bill shall embrace than one subject and that
that subject hs be exFr sod N rs s SsT.ou 70 the
City and m title therefore must be taken . ex
I'll the tight to examine but within their power
to ense, imposing PeeTnsry sPon qs
tons Wilcox Municipal Corporations it Whether
that no shall be imprisoned except by due OF law
would has been held repeatedly in respect to municipal cor
CLARK sak Wood Scare Brd, li deprive either
obessnt witness T. is not in necessary inquire tho
act OF s5 having provided mode Oy wnss ns
Its Objected however the PROV In this set which
declares that the Judge to whom the sppeston sh. DC msds
testify punish dsobeienee the matter were legally
pending Court does indicate measure which the
Judge adopt matter which could not be legally
pending Court and because the matter not brought before
out Court where o he has no power to order an at
tschuent do any OF those acts which Is compeen, Tor
lection The sufficiently plain TO Indicate what ~ss
say ciesnss and Certainty what the Judge do. He Is
what Court authorized to do upon the neglect or conu-
macy of wines-as where witness snbpenaed TO appear
and evidence trial to appear or spyeans
prorer one Court in the first order that an at
tao ent directing the Sheriff bring the witness before
him and in the The being present the Court
may him prison for his disobedience 10 sheeu,e
the purpose statute the Judge Is clothed with al the
power which Court would possess the case ofhe neglect or
linz the attendance Of Furnishing him for his
contempt the Judge may do ont OF Court Whatever ne
formally lifting in Court No. the statute In this respect
either novel or without precedent
Many powers conferred upon Judge sitting out Of Court
which efore comforting them could bs
by Court proceedings supplementary TO execution tho
authorizes Judge out Of court to do m,ny sct such as
Of the defendant which before the code coud
wi de- bene e.s examination parties before trial,
many other cases And tho doctrine isss cd Lord
person invested with such authority have,
Tor that purpose whatever belongs to Court Of Record and
need not sue strictly the and methods Of court but
may cut the purpose OF the staute proc ed N sun
Of either the Common Council investigate public
has its limitations for even the Lss.su,e 'o can
confined strictly within them Iayor vs. Porter iiiis IA.
matter they may think proper but inquiry they make
be within the scope and object tor which they ss
strictly upon which would be competent tor ths
oury In my opinion extends other matters, In respect 10
which may be Necessary or may be deemed advisable 10 R
bodies pubic trust TO be executed for the genera, benefit
Wend And their duty not only to pas such awsss
ordinances for the good government Of the cry may
how far or in what cases may necessary efficient
and better govern ment OF the city TO apply 70 the Lsaae
not comprehended within the powers conferred by the charter
or where power doubtful in which necessary, and In
men of laws such leyyns Of public the right
or 70 enforce len ssaust the property Of an Individual
Bs E. sd and iH9 OF the ~ +.
equenfly been customary from the hS sitting OF colonial
assembly the time for the corporation TO apply the
Legisature the form q petition for the passage OF
laws necessary the better government Of the City, 10 tbs
growth and development Of metropolis like Now York t Is
impossible o5s.ee in sd1s and ,se
and continue to be- OF constant occurrence
all such therefore, the right OF inquiry mnst ex
tend or the Common Council could discharge ethcsnty
the duty expected from them As to the manner which such
conducted and the Of either OF
the Boards Committee 10 nteuogaing Witnesses and
duties Of the latter Z vii be necessary asan TO
In the first place examination Of the witness must Be con
subject which under and ne cannot
1885, Hats $50 l Nor he bound to answer any gusstioc
tbst would tend 10 cruinate him Bar and Aus 2o 5 woi
Peck 49, 2d IS; Perry aud knapp 90 n ana " FL
or that would tend degrade him, unes the question Nsea
essential The diIse, p9oI . o. I me smnaIon Il bsiors
| Con nittee the questions usually pus py the
Clansn though any member may put one =, n tts the
,.nss Of the Committee; the majority decide that tho
81 E sis . aDa notes Grey 5i 10 i'd 1857 lay
hs duty the witness not governed Y 'hs p
House and before determine whether the qae
t1n proper the whole OF the preyoq,
before The be laid before the House. cou
that would be with the greatest neonynience ana
in many such committees sit during an on
may be taken by order Of the House or o. ION
ttee before person in any part OF me stats o. ns 10
from that where the Legislature IS stias IN some q
which e1iss q ,es s GDa 10 IN bs powsr Of
refuse Committee have means % eoeree hn,
beesnse the Court decide the matter before IL;
bot the office of Committee to decde they In,y-
vente and recommend the Ultimate OF decnon being
in the body BY whom tia COmuittee were sp-
pointed The however mus; be 'y strong one IN waa
would BE- justified In refusing % answer
the Committee had resolved that proper one and "a
which legislative body upon beas appealed 70 would not Do
disposed regard the refusal usher proceedns hoI Ps
witness from the wish to emoarts the &C