The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-02-18
No ESCAPE FOR MISS LYON.
HUsT sUBNIT TO BODILY EIAHUh-
ZION or DRoP HER sUIT.


Jusse Pryor s,Eu- tNs order --d App.,-t-
Chsries a. Deshor Referee 70 Coudse.
the Exs-i-ntiar AiI,vcd ~ the ststuts.
There was = very animated argument before
judge Pryor Of the Court Of Common Pleas
yesterday upon the settlement Of the order for
the physical exAmin alton Of Miss Agnes 8.
Lyon before the trial Of her action TO recover
damages from the elevated railroads for ia
iuries Miss Lyon is 20 years Of age. and Is
represented BY Judge Nelson Smith. E1-
Senator Thomas appeared for the elevated
railroads.
Judge Pryor declared that no m after how OBJ
noIlous or how offensive the Law might be- II
was on the statute books as a Law Of this State.
and he was bound TO sec that It was carried
out. 10 would appoint Charles A. Deshon ref
cree to be present at the examination to repre-
cent the Court TO see that justice was done.
Mr.. Smith strenuously opposed the granting
OF the order. He was emphatic In his denunci-
alton Of II, and In hts argument went back TO
the Declaration Of Independence and discussed
the constitutional rights Of a citizen. He
characterized the passage OF the law as most
outrageous and as a violation Of private riehts
and declared that the person Of this young lady
should not be exposed or touched by any per-
son under the order Of the Court
Judge Pryor said that while the law might
be obnoxious and disac reeable. II was his duty
to carry It out no matter what his own feel
ings might be- He was OF the opinion, how
ever. that II the attention Of the Legislature
was called to the subject the law would be re-
pealed. He said:
The statute exists. II has been passed In
conformity with the authority OF the Legisla-
ture. The question is. whether or not am
authorized to adiudicate that the statute is
unconstitutional: in other words to nullify II.
Uuquestionably IL l could see that this statute
stns p Specific fsSaro Of
otltution. although am sitting at sps-
cial Term, l should not hesitate to
% any specinc provision Of the State Constitu.
does cay that no person shall be deprived Of
lie, liberty, or property II says without due
nation this young lady will be deprived OF her
liberty but 1t is not without due process Of law.
The examination viii be authorized by an
ton OF this constitutional provision than is an
arrest ON process, Nor can y DO said that tho
law because tho same statute applies to all |
plaintiffs suing in similar cases.
Court OF Appeals plainly by irresistible lmpii.
cation. says that whereas there was no inher- |
tion. 1t would have tine power 81 an express |
statute was passed for the purpose. There |
h n; 2, been an adjudication by the General Term
an order granted In pursuance of this statute. |
The inference from that fact is rather that the |
examination OF tho records Of this court. that |
Pleas himself in General Term. issued an or |
der precisely the same as this under this stat |
should now ASSUME ), to. nuiify the statute.
Mr.. Smith contended that the constitution
S tSa
q proceeding with any useful end but that it's |
tho 10 the th S Miss kgo9
to qualify themselves. They have mo- tight to |
PEELED to allow any person to lay hands upon
her. and the Court should not permit 1t;
Judge Pryor-It Is not the Court. but the
Mr.: smith, liberty so cheap In this coun-
pished Court may compel ST person 50 nj to f be- s1
posed to the view Of anybody to crafty, the de-
MsT aha dS g.
can Siier no RIGHTS Every right We have we
Judge Pryor,Judee Andrews of the Court Of
Appeals says that the lew may operate to pro-
In uneauiyocal, explicit, and imperative terms
says that the Court shall grant the order for |
statute RoWsver rspSrnMnt to ones in sd
however offensive S It may be- have no discre-
iature. There is no power to compel the plain |
till to answer any questions. The statute says |
physical examination and inspection OF the |
:, Ex-senator Thomas argued that this cues
ton was not new one, as the courts OF eiGh:
the courts In thirteen out Of the eighteen held |
that not only had the Court Inherent power 20 |
do this very thing without the aid Of tine State. |
but that 1t was a power that should be exer- |
cised whenever proper application was made. |
Lawyer Smith said that he wanted tho ex- |
am ination made at his clients house in the |
presence Of her physician and one, or two la
thss thu ah ans Gr6s
be compelled to enter the house without tho |
consent oil the people who control II. which led |
to the remark from the Judge that II anybody |
refused access to the house 1t might no dis |
obedience OF the o.,lsr. Judge Pryor declared |
that no person would abuse an order to ex-
the referee would be there as the representa-
tive OF tho Court TO restrain or correct any
abuse. 1.-The should not. then the Court might |
be applied to.
Tho order was subsequently signed by the |
Judge. after tho counsel had agreed upon its |
provisions, and 1t proyides for the examina-
ton to take place on Feb. % at tho house OF |
Miss Lyons parents. 100 East lo0;h street in |
the presence OF Drs. Landon G. Gray and John |
A. Nyeth the physicians appointed .byi the
Court. her own physician, and a few friends.