New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-04-11
JUDGE WESTBROoK ON MDoyALDS CASE
THE PRISONER RENAMED TO THE ALBANY JAIL
HAsTV ACTION DEPRECATED.

HAsTV ACTION DEPRECATED.
ALBANY, April 10.-Judge Westbrook late
this afternoon handed down In the Court OF oyer ana
Terminer his decision in the case of William Mcdonald
the acous witness in the Department OF fuDhc
Works investigation who committed to the Albany
County jail by the State Senate for refusing to answer
questions put by Committee Cities which has been
conducting the investigation The following is synopsis
Of Judge westbrook's decision:
The Senate had no judicial control OF the officer whose
conduct 20 be investigated but could initiate egs
ton prevent abuses in such Department ana 10 TO
move it, head. One william Mcdonald had beeh sum,
moned witness before the senate Committee ana nad
refused 10 answer questions concerning mateIias tni
nshsd 10 such Department and other questions toucnhg
his business dealer IA coal and had let the presence
OF such committee ana Declined 20 De Iurhes IN IT,
such conduct Mcdonald mad been adIudged by tno
Senate In contempt and had been sentenced TO De
imprisoned in the common jail Of Albany County until
the final djournment OF the present e.,
his discharge from mpnsonmentb By habeascopus return
able Albany oyer and Ierner then in session II
held: The resolution Of the Senate should oe con
strued authorizing inquiry for the purpose or egs
aton and not simply one 70 determine the truth OF
{{emnt "a a indicia and not a legislative one.
authorize the punishment by the Leglsature or ei'1s
prosecution purely legislative inquiry and not in one
Ia which II has judicial functions 70 discharge, are
believed TO be unconstitutional The power punish for
an alleged contempt incurred IL the course OF an inquiry
made fer the purpose OF legislation Is not an inherent one
IN q legislative body.
Neither branch Of the state Legislature under Section
IT Of Article o. Constitution obtains the
pOwer To punish for contempt aid or Legislation
n the provisions OF the Revised statutes before cited ana
which claimed TO confer the power exercised are IN
constitutional. then they were not validated by Article l.
Section Il OF the Constitution because only such statutes
were in force" OF the time OF the adoption OF the
COnstt uton covered 10y it, LANGUAGE In no proper
sense can al unconstitutional law be said 10 be in force
Neither can long continued claim OF power and ~ 90
caslOna confer It, II Illegal. citizen deprived
liberty always question the existence OF an
ich holds him In custody. Inc power OF the state
legislature and Of either house TO punish for contempt
committed In the progress OF Judicial inquiry when
authorized to make On determining the election etc. or
its members In Investigations with reference 10 I'M
parchment by the Assembly, and various other cases
specified in the COnstltutiOn) ere undeniaDie'
hut the existence " any such power aid OF pure egls
ation il more than doubtful While single Judge ho-
ing without associates court eneralns These views
both and careful study OF the recent utter
ances OF the Supreme Court OF the United States ana OF
the Prtvy Council OF England. be should IN udlcal &C.
t1on rasy attempt 10 OveTturn and disregard the
practice the for many years, the 1uicla ucta
it, Judges and opinions OF elementary writer's or
acknowledged high authority, upon cases NOT necessf
in this State. Especially should ne not 90 so
its effect will be, II he Is wrong IN MS views 10 IN
properly arrest important inquiry which legislative
body largely composed OF eminent lawyers suppOses 10
has the power TO pursue; and TO pracucsIy over,
rule q decision OF the General Term OF
this Department the Immediately above the one
winch he Is holding As Mcdonald will be entitled TO
fun redress II his imprisonment be adudged unlawful,
must be remanded to the custody OF the Bhern or
Senats's commitment. until higher court shall re-
consider its own conclusion n does not interfere with
any power elsewhere bestowed 70 punish summary Ior