New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-11-22
POWERS or THE CANAL COMMISSION.
THE OPINION IN THE CASE OF DENrsoN, IN ARREST
FOR CONTEMPT.

ALBANY, Nov 21.-Ihe decision Of the
General Term ~ the Supreme Court at Albany SUSTAIN
ing rho authority the Governor Canal Commission 10
punish Collector Denison for his refusal to produce me
books and papers called for By the Commission declares
among other things
1879 by "A concurrent resolution Of The Senate ana
seinbly OF this state. The members thereof were Iu.y
sent OF the Senate. Its only duty, as &c h'1
by the resolution. was to lhve1tigate tue a -,
p0wcr was gwen II TO compel The Attendance 81 WI
ncsscs and require the production before OF any nooss
or papers in the custody or possession Of any wc3s
touching the subject of such Investigation, ete' lhIs
resolution and the appointments under u NeIe sg,so
81 LAWS OF 1879 page 500, which also gave
to tie Commission authority. to issue snhP'9 ,as
production Of books aud papers before IT, and on failure
OF any Witnesses obey It's mandate, power 20 ISSUE AZ
thi ease il was claimed that the refusal was stined DE-
cause the commission lad no legd existence DO ekai
npr 10 act Certain clauses OF the tOnst luton were
red in support OF said objections. II - not necessary 10
discuss those IN d. tal u l. sufficient to say at tDs"
~ no cause IN the Constitution expressly prohing l"
crention Of 4 Commission by concurrent resolution iho
People agt. NcV-YorI Central Railroad Noihpinyi
"a y y. 4JJ And where not expressly prohlote'i
m to Constitution the legislative power II unrestricted
and unlimited. The People AIT. Day loD % y. ocVi
Irggrff ait Hunter 10 y. Y, 4I3. Appohtlhs tomiS'
- f, Iariu. pilru0srS by concurrent resolution has
E~n nracrced by soth STATE and National legislatures
n has hecu rcpcatcfy done in this state since the adop
ton of tic Constitution Of lSf6, a. the session lH "
The State Will This fact alone would seem entitled
to controlling weight the qucston or constitution
aty The People AIT Dayton -ula story on met sulu-
non sc los Cooley Con. 81. But gOnccdng TIE con
cirut resolution Unauthorized. the Legislature has ny
bill and enactment recognized the COMMISSION az egal
entity, validated lts creation ana vesed WIN az ne
uoor,s exercised in this proceeding. Laws OF $50,
chapter o. D. 49, But il il claimed mat TINS at Is asO
uucoustu On.L First, a. no conflict win tbat clause
~ tbc which declares at no person shan
lc derived Of life, liberty, OF property wih"ut dIc
tnocess OF law" This provision has 10 mere aI1li-
cation 10 this act than 10 mas TO any
other act requiring vine>'ce TO answer, ana
authorizing their punishment II they refuse.
Ia such cases the proceedings to aDIdi-
cate and to impose sentence, Il adjudged guilty. dEe
IMAGES. Second a. in violation ut Act }, Section T.
new clause when IN the Constitution III January,
$50 which declares no act saii DO passed. Wlii'i
Shall provide that any existing law part thereof snail
made, deemed part OF said act or when siIi en-
act that any existing shall De appcable 10 II, except
hv inserting it," The act In question Is not OBNOXIOUS 20
III clause OF the Constitution ia the sense In which It u
used in That instrument am therefore OF the opinion
that the Conuli.ean was lawfully created