The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-02-20
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and answer the questions. Suisse
qrently he appeared as directed and
again refused to answer, except in an
unresponSive and indefinite manner;
whereupon the court granted a rule di-
recting him to show cause why he
should not answer fully as required.
The defendant appeared, In answer to
this rule. and submitted written re-
ply, denying that ne had violated the
eighth section Of the constitution Of
Pennsylvania, and admitting that he
had paid certain moneys at the cleo
ton in contest. within the meaning OF
the act OF April is, 1874, but without
specification in any particular. His
answer on these points was but repe-
tition of the section Of the constitu-
ton and the statute referred to, and
in the same general terms. He ex-
pressly declined to give specific an
swera as to details, "for the reason
that such answers nigh, tend 70
criminate him, and would compel him
to give evidence against himself as
to persons and circumstances that
might be used against him in the
prosecution. And upon this he claimed
the protection of the bill of rights of
the constitution of Pennsylvania and
the provisions OF the constitution Of
the United States" With this answer
before he court, in effect a challenge
of its right to enforce its order requir-
ing him to answer the questions pro-
pounded, a rule on the defendant was
granted to show cause why he Should
not be committed for contempt. After
argument, this rule was made absolute
and the defendant was sentenced to
imprisonment In the county jail until
he purge himself Of the contempt.
From this judgment an apepal was
taken, and, on application, a writ of
habeas corpus was allowed by one
member of this court. thereby suspend
ing the operation OF the sentence until
the validity of the commitment could
be reviewed. This writ was allowed
in vacation and made returnable on
thc first day of our session next fol-
lowing.
AS TO JURISDICTION.
Our jurisdiction in the premises is
questioned by the appellee. on the
grounds: (a) That the proceeding
arises in a case involving the right to
a public office, while the statute Gre
ating this court excepts from it's pow
ers that of reviewing such a case; (b)
that this court has no common law
power. and can exercise such powers
only as are given it by statute; (c)
that under the act of June "a. 1895, the
court alone can issue writs of habeas
corpus, and a single judge has no au-
thority to issue this writ in vacation.
On none of these grounds can the OBJ
lection to our jurisdiction be sustained.
This court has exclusive and final ap-
pellate jurisdiction OF "all proceedings
of any kind in the court of quarter ses-
sions. or before any judge thereof.
except cases involving the right to a
public Office The record before us
shows a proceeding against the defend
ant for a contempt OF court, consist
ing of a refusal to testify in a case
involving the riGnt to public office.
But in no aspect does this proceeding,
or the judgment Of the court below
in this case, involve the right 10
the Office in contest. nor can
such right be in any man
ner affected by our determination OF
the questions here presented. In char
acter and effect, the proceeding is
wholly independent of the cause in
| which it had its origin. In it's review
we have no right to inquire into the