New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-04-11


tho INSPECTION Attorney General in information gr!nt Dr.
Pvcs tho vcehsnecor for nsdoreenor Ihey If hia
should gran, uc WILL instead Of doing justice lay
foundation for something like nquon Of soi this court
sits to hcsg evidence, no. to furnish r.
cars Of Rex Dixon doeded Burn 1884, subpoena du
uos issued give evidence before grand jury pro-
duce roO vouchers which had bcea produced and Unlisted BY
this suhprna order found prosecu-
ton by Of Indictment Peach Who had produced these
pear Or motion fc attachment Lord Aarsdel! clearly Of
pes sSn., his instead producing aguns, his
cont he ought Immediately upon receiving the subpoena dac0' TO-
| cum, to have delivered .hem up 70 his client
80 il !Ao Holden aud Ray Harvey Bur- 1882 Lord
Nansasd say civil the viii fcrco pare
dao evidence which sgsnS, leave the s
s to do strong presumption to o jury but in criminal or
penal Gaze tho defendant ne; sreOd TO produce 0hy evidence
Sc vitality Important this protection deemed that the declaration
ssns h Hssriod 10 lie 6ossistioa Of The U1d States
repeated ac Constitution OF tia State and reiterated in own
The Recorder admit rattle. usfco hraso ground that
tiers known TIE lev to search for testimony Hc
las which bs tho riga; tho aagiptrate)
every n aeceOsay protect tho community large gain
privileges and property. CT individnals'
This but translation OF the language Of tho commission which
eoaste Ro-ala Dictator Saii 3errrH repsbkee eoqiSt
which conferred upon tm tho power to do oil things which bis
this aiciatorial power tho form
publican liberty that the raaE unmsn in establishing iEe
yrsnnc power It. certainly extraordinary ihe G
and ag principle of es leS careful private
rights oad indue independence 30 eOuo ofdscOrar
il tho hs judges houd confer upon Gr inferior magistrate
asiee q peasc or pG C1eT to same m nnG5o
tho purpose OF su'PcndJ all Ahe ono
shcn 10 asserted by oas Of the rdg o. tho land has been
Thought multitude lava defining nnate the rights and du
ties and ca'ng nothing 10 TIC discretion CT Judges tho
best eyderco OF d free people
vague ard oad gsi vogue
tho discretion Of soa whose oHbor changing every day as
ws necessary protect tho publicly Tho very dohIion Of
slave whose rights end duso prescribed BY the discretion
of cnoher.
r:iacipe trcwnto the It is
doctrine Of usucr3 Of the beet lawyers a9d a5cs Eng
lend tho time Of asad and CT Chatham dcclaro the chapter
tends ha scGS Goat by degrees the whole Lew CT tho rn
AID tho Law of discretion IS the lav oE;yrantet
ain law tho judges bound by seced OATH dcern,
according tho known laws aud ancient Of the rea
DOM judicial decisions azd resolutions Of learned "iso ard up
right Judges variety Ct particular f1e and which when
they haze bsOa thus and pacssd time OF mind part
tho soizuso psoor7, &C. By cada ard Burning, p 1913
"NeccsStco necessity tee protection CT tie people has been
oFTa:c rights which aas veSed aad oppressed mankind ell
Tho edgSs England peaehod t7 ,so House
Mons for asserting thl dccrs wh the Recorder the
reign Of Charles tho Of chip Money decided that State
aecs, would us tho rHng money s,hoa. tho consent of
cey Of protocin4 the rss Viz Uy tho ssaehns s mas
usd that tho gnts IS tho judge of that necessity But KemPden
that saesKezt gsdgc
administer he Law il; aep, establish principle
60 utterly eubversive Of tho riyhts OF ;ho eitison.
The proposition 1t has beer resorted before
oo7or .he ht cfh for aad sezEc OF And Lord
Cerden snHer' By snyas after describing the power Claimed
"gach power therefore Should naturally expect that
tho lev waigan: it, should 90 e proportion the power 10
ozofhhnt
"y iaH d; II j.; asa so aoot'; Is ao to De aaa
thr 70 pe 0o "To search seize oad carry away I'll the pa
prs Of tho abec; upoa tic 't Thr ruch right SHOULD
have existed from tho tina whereof the mooTy Of runuc,h not
the c0aua end never yet havO found place any
Hs he SANE gr: judge IN so.snag spcn rS? s . .ad
ia0u, Chiof rc,cO ,ogg' persons that
print M Papho that either ScnDdaorO to public pr
law" eys "COn too tcve judges iudcaly mako tang
aw bind tho Kingdom by Declaration that such er opinion
4 ian5otfn nf has. tn aslrr1
But this controlling prncp" Of hc comuou law exist witch
on So 20 % Sy s. S HS mo se
du TO declare that by resolution or otherwise much
a. Il l. tho duty OF tho Legislature TO pars law
statesman and legislator bound TO provide fr c protection of
pvess and propey Of The error q tho
cones'' IL transferring th' prnepo from tho Legislature to tho
Tho extraordinary doctrine Oft Recorder tia; portions Of
be found book equally novel and uuencb Lord Camden
taye Tho Names and rights Of public agees their power aad
forms Of proceeding they settled hy law have been long since
written, end to be ousd in books aud TOcorda"
The hecorde therefore, Who has exercised thu power OF search
and seizure Of private papers and declared bis ncnon
boand 20 show Some precedent authority law for
60 dcinsi and this DO has attempted 20 do
cl sr 49, 1877; Of Helen
Townserds Of manning with y,riol Lazarus for forgery
where other articles fund the in tho possession
accused havO been used their trial evidence against hc
without objection foccor bud been made the authority Of the
would bsoa the stronger Blu! Why has rot objection been
; n NO, 01S.o 70 D U0Gy ever TO ; s dhd h f aSo
evidence pertinent and legal tho would and could
form collateral issuc how obtained And
Illegal OF obtaining admitted would form les
gal tho teStony; end the could that
count reject This principle fully recognized in the Of
Jordan Lewis II East % rotc and Leggevs Toevey where
the papers ouy Illegally obtained but aSant the expre
order tho court objected that tho
received them, declaring that they could take notice
what they obtained Precisely kind preco
the advocates Of arbitrary power their
vndcacn general but Camden and Dunnng reply tho
OF law deb axa oeiet unlawful
coming papers will their being evidence when
tuced sco letter concerning e the seizure Of
por &c. written by Camden and Dunnng, T, 7th edit 1852
Again. Fntck and Darlington And should he added that
hosc paper ought acquire strength by
those have henrd read oen
eturn without annadverson, able 70 borrow ny
that preface from Court Of Kings Bench which lately
declared with great unan the Of general ~asnis that
objection taken tasm the and tho matter
ra.o preceden weight The ea Of
therefore, referred Recorder directly nd
eety Involve the principle, and proves nothing. .
eeye casoS referred The law Of srrost Hocy Vs. Nix
Wend $50 Foster, 3d. Hale 49, Hawk eh H. S7i which
that private arrest feon without warrant End
hut felony has committed The feon DO pursued
private house. and the doors may be broken open TO make the
refused The Law these authorities
dOubcd but what analogy application have they the
prrdte The ons With without
expressly authorized By md By statute la" but
either authorizing the OF pupe Mono has boen
has searched the records Of The arehaber be has found
IL. l..sA Il