New-York tribune., 1884-02-29
MoDONALD IN CONTEMPT l.
DECIDED ACTION BY THE STATE SENATE
fixing PRECEDENT UNDER THE coNSiir1
THE PRISONER SENT TO Albany JAIL

THE PRISONER SEM 10 ALpN'N
INV rEIEoR APH To THE TRlbUNE'I
-, 90 The Senate has had the ap-
..o &c a oonrt of law to-day, whlie engage"
=; oonsidering William McDonalds relusai ="
onsvor the onestlons addressed to hlm IN NeW-ioiS
concerning materials furnished the Departinen' VI
D1I; works Altogether, seven hours were con-
snmed in the proceedngs,not including an addressol
one hour by Mr. Ecclesine the prisoners counsel All
the testimony taken at the time Mcdonald com
mitted his contempt was read to the Senate Mr,
Ecclesne argued that the Senate mad attempted
without constitutional right to obtain the partcu-
lars of McDonalds private business; and the Senate
then passed resolutions declaring Mcdonald IN con-
TEMPT and ordering him to be imprisoned III the
Albany County jail until he consents to answer the
onestions. Mr. Ecclesiue left the Capitol, 1t Is
said. with the Intention of endeavorlng to get the
release of his client on a writ of habeas corpus.
THE PROCEEDINGS IN DETAIL.
When McDopald was brought before the bar OF
the Senate Mr.. Ecclesine opened his argument py
presenting an affidavit from Mcdonald. Inc Lieu
tenant Governor informed the counsel that the SEN
ate had not authorized the counsel to submit any
affidavit and that the affidavit could not be read
Mr. Vedder offered a resolution allowing the prs
oDer 70 submlt such afidavts as the counsel deemed
necessary to show why ne should not be punshed
for contempt This was amended by Mr.. Lansing
extenuation of the contempt. 1hereupon MI NC
Donald's affidavit was read
II affirmed that the witness had intended no dis
courtesv to the Senate or its committee; that he
had not refused to answerproper questions concern
ing his contracts with the Department OF Fuohc
Works; that he believed he was entitled to counsel
as amatter of right and not as matter OF courtesy;
that he believed the questions he declined to answer
were improper and immateral. as they related to
his private business, and finally, that he was now
prepared to attend the meetings of the committee,
accompanied by his counsel and answer all proper
and material questions relating to his contracts
with the Department of Public Works.
MR.. GIBBS INDIGNANT.
As the Clerk read the last words of the affidavit,
Afr Gibbs the chairman of the Committee, whose
onestions Mr. Mcdonald refused to answer, arose
and Indignantly declared that the affidavit was
an insult to the Senate. He offered resoiu-
,ion declaring Mr.. Mcdonald in contempt of
Ybe Senate. remanding him to the
custody of the Arms, and directing that
he be sentenced to Incarceration IN the Albany
County Jail until he was willing to answer the
ouestions of the committee, but that his imprson-
ment should not extend beyond the adjournment oI
the session Of the Legislature.
Sen ator Murphy declared that this was an unpar-
seed proceeding 1t was proposed to hold the pris-
oner in contempt before he had an opportunity
fairly TO present his case and before the Senate had
been furnished with the record of the proceedings in
which contempt had been shown. He emoved to table
the resolution until counsel had concluded tae
prisoners defence.
Mr.. Lansing affirmed the constitutional rights
of the Senate to prosecute the inquiry in the fullest
degree The State Senate, he said. exercises every
power of government, except where 1t Is specially
restricted by the Constitution The personal rights
of the witness fully secured, as the cOInltee
had informed him that he need answer no questions
tending 10 criminate himself The questions asked
were pertinent. To say that this witness was not
guilty of contempt is to assert that the wi!1ess Oh
counsel is TO be the judge as TO what % abe
improper. and not the court trying the case. Inc
witness had counsel by courtesy and not Dy
right. Mcdonald was not ON triai' MI
Thatcher argued that Mcdonald was pros Pros
70 nroye a collusion between Mcdonald and Hubert
.. Thompson
MR.. LANSING OPPOSED TO SURRENDER.
Mr. Lansing sad that the failure to adjudge the
witness in contempt would be an abrogation of the
power of the Senate and surrender OF the rgnt 10
nunisb for contempt affirmed by the statute and
constitutional powers. An amendment to Mr..
Gibbss resolution, mprisoniDg the witness IN the
Capitol was lost.
MIR. Gibbs then substituted for his original reso-
Iution one declaring Mcdonald in contempt of the
Senate and it was adopted by vote of % to 3, the
latter being Messrs. Murphy, Plunktt and van
Schaick. l.. 1.o.,-1,.
Mr. Lansing moved that the prisoner be- brought
10 tbe mar of the house and reply yes or no TO the
Question whether he would answer the questions
put by the committee. The motion was, carried
md Mcdonald nervously declared that he could
NOT answer yes OF no from information. A cOInmu-
nicatiOn from counsel, stating that the witness
wonld answer all proper and material questions IL
allowed counsel, was read. . =.
Mr. Gibbs offered a resolution remanding the WIT
ness. as he had been adjudged in contempt and d.
recting his incarceration in the Albany County Jail
Ibe resolution was adopted Yeas, IS; Nays, 3
Van Schaick, Plunkltt and Murphy The prisoner
was brought again before the bar and n0t1hed by
the president of the Senates action. Mr.. Mcdonald
waved his hand to the president in acknowledg-
tDent of the sentence.