The San Francisco call., 1897-03-17
Heard Denied Writ ~

court please, the principal object of that
investigation, and the only object of that
investigation, was to examine into the
charges made by the Examiner article OF
the wholesale bribery of the Senate OF the
State OF California. 1t is true that the
resolution does contain q statement with
reference to scandal, but this is mere sur
plusage, and was not intended 20 and
could not confer any jurisdiction upon the
Senate with reference to an investigation
OF this matter for the purpose OF merely
exposing the scandal.
'The real object, l say, was simply to
make full and complete Investigation of
these charges, not against any particular
individual. There was no individual be-
fore that Senate under investigation; it
was an investigation into a sweeping
charge made against the Senate OF the
State OF California in its entirety-a mat
ter, l say, not affecting the indIvid ual,
but the public interests; matter of the
gravest and most profound public inter-
est, rising far above individuals and made
for the purpose of protecting those public
interests by an investigation. having for
its object the discovery OF the truth br
falsity OF those charges, and if true in the
exercise of its constitutions al power the re-
puIsion of the dishonest and corrupt men,
bers of that body"
The Attorney-General then cited au-
thority for authority, beginning with the
State constitution, which declares that
any person may be compelled 10 testify in
any lawful investigation. and shall not be
permitted to withhold his testimony on
the ground that it will subject him to dis
grace or infamy. He also quoted the sew
erai sections of he Political Code bearing
on the case, which reiterated in still more
specific language the terms OF the consti-
tuition. The present contentious OF privi-
Iege. he argued, were completely swept
away by these provisions.
"In proceeding of this sort" he said,
II say that the Senate is not inferior to
the Supreme Court OF this State. say
that no steps taken by the Senate in the
exercise OF its constitutional powers with
reference to the subject matter of investi-
cation before it can be inquired into by
this court, and that the finding of the
Senate is absolutely conclusive upon this
court"
He argued that the Senate did not sit
as court in this case TO determine con-
troversy between private parties, but in
an inquisitorial capacity to investigate
charges affecting its honor and public USE
fulness. The facts themselves could not
be brought up here on a writ of habeas
corpus.
The Senate was really coordinate with
the Supreme Court in case of this kind,
possessing as it did constitutional author
ity to protect itself in the same manner as
the latter in matters of contempt. Nor
was it to be presumed, nor was it ex-
pected, that the rules of evidence which
obtained in controversies between indi-
yIduals before the courts could be made to
apply to the Senate, Gushing having
clearly declared the distinction between
private causes and inquisitorial proceed
ings.
He showed in conclu ling his argument
that in the case of Levings the answer to
several questions merely involved a SIM
pie negative or affirmative, so that the ex-
cuse proffsred in the case of A. M. Law
renee had no forcible application.
The clerk was ordered to keep the Office
open alter tic iSS uioi ho"i, WYNN Sa'o
promise that the decision would be handed
down some time during the evening
Sure enough, it came in shortly after 5
O. clock.
Lawrence and Levings are now out of
The hands of the Supreme Court and IN
The tender care of libeled and outraged
Senate. Unless an appeal be made TO the
Federal court, as Is talked of, their quar-
ters for some time may be in the Sacra-
mento County Jail.