New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-04-15
CARROLL MAY GO TO JAIL.
HOW A FORMER SENATE DEALT WITH
CONTUMACIOUs WITNESS.

Albany April "A (SpeciaD.-Several witnesses
like John F. Carroll have appeared before legisla-
tive investigating committees and declined TO tes-
tify and the courts have held invariably that they
must testify IL the investigation Is for the pur-
pose of drawing up remedial legislation. The case
usually cited is that of "the People ex rel William
Mcdonald, respondent. William H. Keller,
Sheriff"
Mcdonald was a witness before Senate nves-
tgating committee delegated in 1884 TO learn the
truth of charges of fraudulent practices in the De-
partment of Public Works OF New-York and he de-
clined on the advice Of counsel to testify He was
brought before the bar of the Senate and was put
in charge OF the sergeant-at-arms. The resolu-
ton passed by the Senate said:
He hereby is remanded into the custody Of the
sergeant-a rms and is hereby sentenced 70 be by
said sergeant imprisoned In the county jail OF Al
sent 10 appear before the standing Committee on
Cities witness. and answer the questions put
investigation; said imprisonment, however. not to
exceed beyond the final adjournment of the present
Legislature.
Mcdonald was put in custody of Sheriff Keller Of
Albany County and imprisoned in the county
jai His counsel applied to the courts for a writ
OF habeas corpus. Judge Rapallo OF the Court OF
Appeals sustained the action Of the Senate In his
opinion the case he said
The power of obtaining information for the pur-
pose OF framing laws TO meet supposed or appre-
hended evils is which has from time imme
mortal been deemed necessary, ana mas been cXer-
cised BY legislative bodies. II Is difficult to con-
ceive any constitutional objection which can be
raised to the provision authorizing legislative com
mittees TO take testimony and to summon witnesses
II the resolution (bf the Senate ordering the nvest-
gaton) had shown upon Its face that the only pur-
pose of the investigation to satisfy the tax
payers OF the State as TO the truth OF the charges
or TO relieve the Department of Public Works from
reproach and no further action was contemplated.
the would fall within the decision in kllburn
W.. Thompson but such was not the case. We are
bound 10 presume the action OF the legislative body
was with a legitimate object. II 1t Is capable Of
being so construed. and we have no right to as
sumo that the contrary was Intended. The same
principle which renders II the duty of the courts to
hold legislative action Illegal when Ii unduly en-
croaches upon the province of the judiciary for
bids interference by the latter with the action of
legislative bodies the exercise OF their discretion
powers.
| have reached the conclusion the whole
that the order OF the General Term should be
yersed and that Of the Court OF oyer and Terminer
affirmed. except I'm so far as IL remands the re-
iator to the custody Of the Sheriff the term of his
Imprisonment having ended with the session Of the
Legislature
II would thus appear from the Senate resolution
which declared that Mcdonald should not be i'm
prisoned beyond the final adjournment OF the
present Legislature" and from Judge Rapallos de-
csion which did not remand him 10 the custody OF
the Sheriff. his Imprisonment having ended with
the session OF the Legislature that the Leglsla =
ure's authority TO imprison man beyond It's own
session is doubtful II Mr.. Carroll should be put
In the Albany County jail. his imprisonment would
not last over two weeks. AZ the Legislature viii
adjourn about April Is