The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-06-09

]ttisstio9 Is above any seSlsrstiOn Of The AZ \.
thinks exists and more entitled 70. his consldera:
tion than his statement of his information and
Mt. Carr attacked the constitutionaiity Of the
That portion Of the act Of 1897 which su-
supreme Court Justice In advance Of any action
pending or about to bo commenced cannot DO
power, It offends the Constitution In three r-
duties not judicial in their character. Second,
In depriving the, citizon of his constitutional
convict of crime without afording him the alb
making certain provisions Of law applicable
without embodyinG the law, but leaving IL as O
matter OF discretion to the applicant for an
order.
1T ID. plain q witness under the provisions of
section Y Is deprived of tho right to decline TO
to convict him OF a crime. That is the express
statement In the law. The right to remain silent
IS Ee sSns Snd IaSsI ' RS %aF T% syut tsn iaa t. iSTtIi%In %aIiS
1t IL needful that the act taking way the right
Of silence should give absolute immunity from
"'Tho prosecuting officer alone knows what
evidence he has against ono charged with crime.
is subsequently, criminally prosecuted, howl is he
TO establish that the prosecution was not one OF
the results OF his examination Such examine
ton may furnish the prosecuting ofhcer with
information not otherwise obtainable, and SO
actual use on tho trial. Yet, In such case. Il
could not be said he was prosecuted on, account
Sio I but seI proSaSslc, a nuin t : SSsS rs H the o prSto patiioi
Of a witness is o delusion and snare.
Nothing prevents the commencement OF o
The immunity from prosecution ID that of the
future, not from one pending whom the examina
criminal proceeding may 30 commenced, fol.
lowed by an examination Of the defendant, In
m mhieS :. ne sr Is entitled tiled S tG no Projections tSInh In ! which aIm
the prosecution that, conviction follows. That.
surely, 70 not projection.
lions, ono criminal, the other civil. 1t Is in con-
nection with the civil prosecution this oxamina
the tthU"A ttorD ne nea; Sra .n The q criminal RI oH sip pTosoe%tio on
Is presumably, to be. in charge Of the ordinary
prosecuting officer. Is 1t at all difficult for the
prosecuting officer to demonstrate that the pro.
count OF the testimony taken at tho instance OF
Since Sin A tRSse sSinss are possible an SSo this fsy part m Of The
lay is at war With one OF The most sacred con
1T Is clear this act makes a part of the Code
OF Civil Procedure applicable without re-enact.
Article III. of the Constitution. section A. Act OF
" 1t is said. however, such reference to general
with this law is IL docs not make the part OF the
code mentioned applicable and tv stop t ; S.o Il
oAtc 81 q 10 IL ~ ~ wv
mine that question: The Attorney-General has
done SO in the application. Can IL be tolerated
method shall be pursuedf Is 1t the Justice OF
the supreme Court II 30. the present applica'
Mr.. Mcclure followed tho lines Of arRumen,
laid down by the other counsel for the witnesses
He laid special stress upon the unconstitntion
upon the referee to punish, a witness for, con
tempt when he avails himself of q constitutions
right In refusing. to answer questions which
| might lead 70 n criminal nrOapCufiOn. either OT
hts own direct testimony or on the testimony
Of persons which the testimony Of .ht
Of the acts complained Of. He contends
that courts alone had the constitutions
right TO punish for contempt. He paic
who introduced the anti.monster bills. ane
said that measures pressed by people %anxiou.
for public notoriety should not be considered
apart from the circumstances which promptet
the placing OF such laws upon the statute books
There was no reason, he said. why President
He had given his testimony on this question be
fore the Lexow committee,
Yes" said Mr.. Fiero. but he did not tell al
He did," re,orted MI: Mcclure. land hi
favor of his procedure under the law. He hat
acted as the. Legislature intended. This Stat
tion formed in another State from operating ii
Now York. The powers conferred upon the ref
cree Sr to De ex Rn1nss sndr 9 seis Ts5 II not Ssb up@s ~ pr,.,
dent Maxwell Of the Jersey Central. and sub
mittcd a brief upon the questions at issue, TIL.
until l, and after lunch from ESQ until 5 o'clock
At their conclusion Justice Chester reserved hi
decision. He stated he had much business oil
hand. but would endeavor to reach a decision a
soon as possible.
No matter what the decision may be, ono sid
pass upon the questions involved regarding tn
procedure under the two laws and to determin
their constitutionality.