New-York tribune., 1876-02-02
A STEP TOWARD INVESTIGATION.
MIR. sCHOONMAKERs BILL TO CREATE SPECIAL
PRISON COMMISSION -sINCLAIR TOUsEY AND
WARDEN PIIsBURY SPOKEN OF FOR THE COM
MIssIoN-PROvIsIoNs OF HE BILL.


WARDEN PIILsBUBY SPOKEN OF FOR TIE COM
MssIoN-PROvIsIONs OF HE BILL.
lBr TELEGRAPH To THE tribune
ALBANY, Feb 1.-While the Assembly State
Prison Committee is roaming about the State trying
to make up its gigantic mind whether the state
prisons are in need of thorough investigation,
measure has been introduced i'll the Senate and con-
sidered in committee. that is real step forward
i'm that direction. Senator Schoonmaker, a Demo
crat, introduced this morning a bill providing for
the appointment of commission of four to invesi-
gate the prisons, which, it is more than likely, the
State Prison Committee will adopt with certain
amendments. and the Senate will pass. The bill Is
very much like that providing for the Canal Inves-
tigating Commission, but. having in view the de-
cson in the Denison contempt cases. the bill is very
minute and stringent with respect to the proceedings
to be taken such cases, aud Is indeed likely to
arouse opposition as encroachiag somewhat on the
rights of witnesses. Ii is drawn, however, with
such care and gives the Commission such ample
powers, that the Senate is quite likely to adopt 1t
with its own notifications. The power of appoint
ment will be taken away from the Governor and
probably the members of the Commission viii he
named in the BILL each party choosing its two repre-
senatives This at least, is the view of prominent
Republicans at this time.
The measure has not yet received sufficient con-
tive Commissioners. Among those mentioned most
freely are Sinclair Tousey of New-iork as one of
the Republicans, and Warden Pillsbury of the
Albany Penitentiary as one of the Democrats. Mr.
,Topsey has been prominent in work for prison re-
FORM and Mr.. Pillsburys record IA manager oil not
only a sef-supporting but profitable penitentiary
would insure the presence OF AT least one mem
Der on the Commission who has thorough
and practical knowledge of the matters 10 be IN
auired into. Among the charges which 1t Is under
stood tonight the Committee have agreed upon
are those giving witnesses the right To he accom-
panied by COUNSEL and fixing the term of the Com
mission, and not leaving its duration of office In
definite. a. in the case of the Canal Commission.
Senator Hammond has had bill to accomplish the
same end informally before the Committee for some
time past and some of its features VIII probably bc
Incorporated i'll Senator Schoonmakers bill.
The latter as introduced to-day, provides that the
Governor shall with the consent of the Senate. ap-
point a commission Of four persons, whose duty IT
shall be to investigate the affairs of the state
Prisons of this State. The Commission shall have
power 10 examine any person "a witness on any
subject or matter connected with, or pertaining to
tbe past or future affairs of the State Prisons and to
see inspect examine any book, account, docu-
ment voucher writing in the possession OF any
person or under his control, which relates to the
sion may issue a subpoena, and such subpoena may
contain clause requiring the person summoned to
produce books papers, documents or writings. The
subpenas shall be served by any sheriff. deputy
sheriff or constable.
The bill provides that whenever any person duly
subpenaed 10 appear and give evidence or To pro-
duce any book paper, shall neglect or refuse to
appear or to produce such book or paper according
to the command of such subpoena, or to allow the ILL
specton of the same shall refuse TO testify before
the said Commission, or to answer any question
which it shall decide to he proper and pertinent, he
shall be deemed in contempt and II shall
be the duty of the Commission or any member
thereof to report the facts to any county Judge OF to
any indge of the Supreme Court or TO any superior
city court of any of the cities Of this State The
court is thereupon to issue ali attachment and the
officer TO whom such attachment shall be delivered
is to arrest the defendant bring him personally
before the judge making the order and hold him
i'm custody until the further order of the Judge The
Judge shall cause nterrOgatories to be filed specify
inp the circumstances alleged against the defendant
and reouire his answers thereto. The defendant
shall make written answers. The judge may receive
any affidavit or other proofs contfadicting the
answer of the defendant, or i'll continuation and
upon such answers and such subsequent proof, shall
determine whether the defendant has been guilty of
the IniScOn0uct dlItBtu IL tut Juusc hH"o 'h0 uo-
fendant guilty, and decides that the misconduct
was calculated to actually did defeat impair, or
prejudice any investigation of the said Commission,
such Judge shall thereupon imprison the defendant
until he shall perform the act duly required OF him.
Whenever the attachment has been issued and
has not been returned, the said Commission
shall, when it adjourns, adjourn to certain
time and place of which notice shall be
given TO the judge and, in such case, If the
witness shall he arrested he may give bond to the
State of NewYork in the penalty of not less than
81 ,0O0 with condition that he will appear before
the Commission at the time and place to which 1t
has adjourned and will there perform the act or
duty the Judge shall direct The bond is to be filed
In the Office Of the Secretary of State, and in case
of default, the Attorney General is tho one to re-
cover the penalty and all costs and expenses, which
sums shall be retained by the Attorney General I'm
the sane manner as costs collected in actions by
him.
The bill further provides that all orders, &c. In such
proceedings are to be filed in the Office Of the
clerk of the county where the proceedings are had
"No person sworn under the provisions of this act
shall be excused from testfying, on the ground that
bis evidence would tend to criminate or degrade
him )" but the testimony Of any witness. examined
under the provisions of this act. shall not be used
against him on the trial Of any indictment or
criminal prosecution other than for perjury committed