The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-06-19

tsssss. e 5s. ss. . .dsssd Sa
a1.en isr ksisi.ave action, Il is dstsrmi.sd BY TIE
existing rule or practice, Whatever teat rus nay -
ss.y s. hat s.ssr house may isstisuss any ssssa
ton having reference 70 its own tAe con
duct or qualifications Of ts nsmbsrs its prcceediny
upsn ). sss
have exact information, and in respect 70 which
pass laws necessarily impies the right to obtain infer
nation upo. any matter which may become the ssbjec
ereise Of the legislative function and consequently
power Of either house Of the British ParlisDeat Ia
COMMITTEES 10 whom matter was referred for nvsstga
ton, asd to give evidences as we'll a. ths power to
S IN q .ns ssss
either house. 70 Has "a; i'd 40, nots la2. ls7;
Grey, u; 10 Grey, los; Rushw seI Palm, q; Hal
8; Burdett Abba. IA East. Il Rsautra vs.. Psly,
Lord Ray l,lo.; Dow. l6b, 1879; Anderson w. Dunn,
Lsgisla the tgation Of public matters before
ccnnittees preliminary to legislation, OF with the
parliamentary usage, as well esa bshsd il Is In
England. and tbs right Of either house t, compel wit
to punish for dsobsenes has bsen rsqueAy snfsrcsd
(Proceedipes Of the New York Hoase OF Assembly In
the matter Of the contsDpt Of Moses agaes and Levi
49, 1s6; ASS Doc. Nos los, 2s5 S25 aai, Lily BY
the rules Of the New York House Of Assembly it is
made the duty Of every standing attee to inquire
into the matter indicated BY the title Of the committee
and to report to tie house sny information which the
committee may deem conducive to the public gooi.
And the right Of either house 70 examine witnesses be-
isre its bar, before mittee authorized to send
connittss, or 5, either house to tsss testimony, a
vel, the power to punish for contsnps In case OK
chan .p 0r az
mode OF proceeding the of issuing compulsory
process and the penalties incurred BY wtassss. in |
case Of neglect REFUSAL are speciHed IL 10 essen.
tal TO the exercise OF the Office Of Regulation
tha each Of the two houses comprising the Lgature
seem that both boards of the Common Council ahould
Posse also 70 enable them TO act efficiently witan
to NAL laws and ordinances for tie Of
the city, they should have the obtaining full
strictly monicipal character relating the aiIs Of
the city The rgnt to examine witnesses part of
seem to follow as incident to the hight to lsaisass sr
il would be inconsistent result OF the to esis
late cenfed them to bold that they may, under
the charters exercise the power snd yet may net do
what 10 essential to enable them to properly
1t urged on the argument that the poEer to sum
ed In each house Of the Lgsature in virtue Of its
reign authority; but such, appsehsnd, is not the
rily in the peope and the manifestation exercise Of
that sovereignty ia three co-ordinats branches-
currsnos Of which, or : vote Of Two thirds in
each house when the executive does not concur, isl
*. tia Ss L. b No
Neither body Is what Blackstone denomnstss parlia
wen 'Tbe place that absolute dsssotic power
only BY TIE Of both houses ana resides Sc
recognized what In England is armed the omnipotspos Of
Parliament (Andelson vs.. Dunn, Wheat 2e4l It is
81 s exercises the o.
cempspg wreafes to sppsar before IL or before its
COMMITTEES but because 1t s necessary TO ole it to
operate perform its part In the outy OF sation
1t exists for the that sm ppvsr exists
in courts Of justice which is derived from no statute
conferred by Is coevl With the
stence Of such tribunals having ts foundation In the
very nature OF the u iical nstation a 8iack 1881
for unless court had authority to summon Witnesses
and compel them give evidence it could not perform
it's natural and legitimate functions That the Common
Council independent Of the ststute nnaer which their
proceedings have been instituted, municipal oorpo
ration clothed with legislative povers had the rgh In
berent in either Board Of Investigating municipal mat
ters in the ordinary Legislative mode together With the
have not ans doubt. and spii sssss Any
the title We'll the provisons Of vhish clearly
cosnizee the existence q its right 1t . called in its
testimony in matters ieeried for and in
quiry" is argued that the title fercns part Of the
earlier period legislation the title was usually AFFIXED
by the Clerk after the bill bad passed in the house
" s. part
635) AND though the practice il Different, tho
reason Of the rus continues from the changes and al
eratons which bills undergo Ia the Of their pas
sage changes not always consonant with the title aad
loetimes entirely iDcor sistsnt with It. But BY the
State constitution of 1886 It is deca:ed that local
private bill sbal embrace more than subject and
that that subject shall be expressed In its ts art 3,
IL m operation 10 sas city Of New Yor ssS it, tile
therefore, must be tai expressive its subject
mattel Not only lad the Common Ceua: the right to
enact ordpancesimrosing pecunisry penaiss upon Wit
nessss neslectiDg to attend refusing to testify
istions iez wSessss tho provision in magma essrss,
incorporated in Bin OF Rights that no one shall b
has bs.n held 70
ratioDs, Wood w. the hsnE ct London IL Mod 6S6;
Sps vs q w.
Of impreoHing disobedent witness it's net in this
case ease :, ne 1855
i |. osjsesed, bovsvsf; 3as s6s tbs 1t
shall be MACE shsil adopt such to compel the
witness 70 appear and testify and to punnh disObedi-
does not indicate On, measure which the Sudss could
adopt rs it is matter which could not DO legally pend
ing court and because the matter IL not Sfeust be-
fore the Judge proceeding in court bot Is brought
before him out OF court, where, ca o6icio he has
pSMss 70 order an or DO any Of those acts
tempt There 10 nothing in this objection The statute
is sufficiently plan to indicate what INTENDED by
ckarnsss and certainty, what the Judge Is to do 10
is to do what conrt Is authorized to do upon the neg
suhpened appear and give evidence upon trial. ne
elects to appesr appearing refuses to quss
IN the @ mas sS os 20 e. s
issue directing the Sheriff 20 bring witness before
u; end upon lis beIg brought in, the ccu.. may
nit him to pron for his disobediencs. TO edsctuase
the purpose Of the ststnte the Judge cothsd with al
the power which court would possess 10 the OF
the purptfs of compelling the attendance Of the
Witness, or Of punishiDg him for his eontempt,
the Judge may DO out Of court whatever he might do
u formally sit'ing in court Nor Ia the statute, In
this resrect either novel without Erecsdent. Many
powers conferred upon Judge sttng ont Of court
which, before tie itstutes comforting tneu, gould 20
exercised only BY court In proceedings supplsmen-
tsTy to execution the code suthorses judge, ont of
court to Go rany acts the granting OF process
Of attachment TO compel the appearances and sxsuna
ton Of the defendant which before the code could DO
ton Of witnesses de bee sc, the examination Of par
ties before trial and IN many other And the
rity ID constituted with 10 fine and mprisop the
person or persons Invested with such authority have
for whatever belonas n of Ha.ovA