The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1897-03-13

summon witnesses, its power ceases and
| it must remand the prisoners.
| He cited the case of ex parte John
| Nugent in the American Law Journal,
and read the syllabus, which he said,
seemed to be in direct conflict with the
Massachusetts decision in ex parte
Gray, but he did not think the court
would find much difference Jurisdic-
! ton was established the court stopped
and the prisoner was remanded. Our
Legislature, through Section 4, Article
TX. of the Constitution, has power to in
quire into the actions of its members
like Congress has.
! The only cases quoted by counsel are
where the decision reviewed We're those
where higher court passed on the de-
cision of lower court. He did not
think, for instance, that the authorities
would sustain this court if it undertook
to review the decision of a coordinate
branch of the government. In most of
the cases quoted by counsel the circum-
stances and issues We're entirely differ
ent. Counsel had dwelt at length on the
| tcoC VI iNilpCltIl II Vs. lOlllpSOiI. Dul II IL
not applicable here The point was not
that the House had acted improperly,
but that it had no jurisdiction. 1t is con-
coded in this case that the Senate had
| jurisdiction.
Judge Hughes asked Mr. Anderson to
read the syllabus of the Nugent case,
and the latter did so. showing that
Judge Cranch of the United States
! Circuit Court decided that the Senate
and House of Representative had the
sole power to decide on their own con-
tempt cases and other courts could not
| investigate them, except in certain
cases.
The language used in the cases that
seemed to hold against him, if examin-
ed carefully would be found not to do
| so. The court had power to inquire
into questions of jurisdiction. but not
| questions of fact as to questions of
| contumaciouS witnesses. He read the
provisions of the code regarding wit
nesses, showing that they We're not ex-
empt from answering questions as had
been claimed. These provisions, and
the Constitution, he said, sweep aside
the technical objections behind which
selves from punishment.
| He read the decision in the Mccarthy
case and said that the point at issue
in that was the same as in this-Wheth-
| er the charges We're true, and if so,
who the guilty Senators We're. Under
/ the concession of counsel it was not
necessary to read it, but it was very
pertinent and conclusive on the right
! of the Senate.
| Among other things the decision says:
"At times during the progress of the
argument counsel unintentionally,
| doubtless, seemed to assume that the
petitioner was summoned to the bar of
the Senate upon a charge of libel
against that body, and was to some ex-
tent, at least, on trial upon a charge of
that character. Such a theory, how
ever, is totally unauthorized by the
facts of the case as disclosed by the
| record before US At the time the al
| legged contempt was committed the Sem
ate was acting under the resolution Of
! the Senator from Placer (Mr. Hale,
! which was, as already stated, that the
petitioner be summoned to the bar of
| the Senate to testify as a witness
| touching the charges of corruption
| against unknown members of that
! body
! Moreover, the tenor of the questions
| put to the petitioner shows clearly that
the Senate was seeking to ascertain
whether any members Of that body had
been bribed to vote in a particular way
| and if so, who those members We're
Hence the accuser did not stand be-
! 70 1T
| but as an accuser of other persons
against whom charges of bribery and
corruption had been Indirectly, if not
directly made by himself. His real at
! titude was that of a witness"
POWER OF SENATE.
What powers and privileges, there
| fore, a legislative assembly takes by
! force and effect of its creation are TO be
ascertained by a reference to the COM
mon parliamentary law. These powers
and privileges are classified by Cushing
/ as follows:
| ITO preserve its own honor,
dignity, purity and efficacy by the ex-
! pulsfon of an unworthy, or the dis
charge Of an incompetent member
ITO protect itself and it's members
from corruption.
! ITO investigate by the testimony of
witnesses or otherwise any subject or
matter in reference to which it has
power to act, and consequently, to pro-
tect parties, witnesses and counsel in
their attendance when summoned. or
! having occasion to attend for that pur-
pose.'
| While he did not think it competent
! for the court to inquire into the mate
rial facts, if it thought differently, he