New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-07-17
THE CASE or CONTRACTOR DEyIsox
HIS DISCHARGE ASKED ON WRIT OF HABEAs
CoRPUs-AN ARGUMENT BEFORE Jus rlCE LEARNED
No DECISION.

HIS DISCHARGE ASKED ON A WRIT OF HABEAs
CoRPUs-AN ARGU NENT BEFORE Jus TiCE LEARNED
NO DECISION.
ALBANY, July 16.-The case of Henry d.
Denson vino was committed to the custody Of the sheriff
by the Canal Frauds Commission for refusing produce
his books up before Justice Learned to-day, on the
return Of the wit Of habeas corpus.
Mr. Rugcr said ave raise the question az to the
sufciency Of the return and to whether the Sheriff is
authorized hold the prisoner; or, other words
move To discharge the prisoner on the return"
AIr. Hand said Inc there in the dark, and did not
know what he was sailed to answer he did not know
what questions would DC raised lie thought there could
be question as to the power OF the Commission 70
compel the production OF the books and papers, OF to
order the arrest u the prisoner ANA have him placed In
confinement.
Justice Learned said he wOull prefer to have the
agree upon Ohsr Justice 10 try this That
he would he embarrassed when the ny in
the General Term.
MI Farchild said the Commissioners wished TO pursue
this ana to have tho settled once
to know whether they can gct these books or not.
Mr.. Hscock said might DO sad the part Of
Mr. Denison.
Mr. Ruger then opened the argument lie said that he
appeared the purpose of asking The Court TO make
an order dischardug Mr. Dcni-ou from custody
mission ordered lm arrested for refusing 70
M BsG.ob s ciIilcn Of S the tr Of N.%Yor and
has been contractor the canals doing more or less
upon them The object Of the Commission does not
apucar on any OF their papers Ihcy are 90 investigate
the affairs o. the canals frOm the beginning OF thtH
operation TO thc present Time The bJOks aud papers
asked for not necessary, me matters ihay relate tO
bc proven in other ways. The frauds, il aH! have
been committed, consist in taking money from the state
ful woI-HIt udtctiIs-nOt furnished. 60 TAR ~ the
present contracts concern d. any engineer ciL t-l
obey have been honestly performed. The Commission
was appointed by concurrent resolution MI
Rugcr said That lie proposed raise the question
that tho Legislature has no authority 10 create Cju"s
by ncuueut resolution. lie tucu lcad tie solu-
ton, which speaks OF producing papers MOI books. The
Legislature las right 90 confer the power TO punish
any pelrOn for contempt ia not producing bOOAs ana
papers.
SIR. Hand replied at some length He said that II must
be apparent % lis Honor, the Justice, that the counsel
benalt OF the Commissioners labOred under some cl
barrassment not knowing what grounds the repre-
scutatiycs the prisoner rested their lie Thought
that the counsel for the prisoner had considerably
beyond the scope Of the question II their argument WIS
correct, the Commission pJwerlcs 90 compel recall
citrant witness To produce books and papers. But he
argued 10 the contrary and held that tue Commission
had fu power IN the matter. The Commission
was appointed TO investigate the affairs Of the canals,
particularly in regard 10 the contract of Mr. DeGisJn,
Tor work at Port Schuyler on tie nth of JAY. The
prisoner admitted that he had books the subject and
the Commission Justified in declaring him guilty of
misconduct and contempt IN refusing 10 produce them
Mr. argued at length that tine Commission had fCl
power IN tile matter
Nj. HscOck replied briefly, when Justice Learned took
the papcIs and reserved his decision.