The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-05-22
(ccntinued from Page l.

attainment Oh tndt OBJECT requires. InuS
in criminal trials the names Of persons
. employed in the discovery OF the crime
are not permitted to be disclosed any
further than is essential to q fair trial
of the question of the prisoners inno-
cence or guilt. 1t is perfectly right, said
Lord Chief Justice Eyre, that all oppor-
tunities should be given to discuss the
truth of the evidence against the prison
er; but there is a rule which has univer-
sally obtained, on account of it's impor-
lance to the public for the detection of
crime, that those persons who are the
channels by means of which that detec-
ton is made should not be unnecessarily
disclosed
At this time it is the next section,
ton ISL ION like principle of public
policy, the official transactions between
the heads of the departments of States
and their subordinate officers are in gem
eral treated as privileged communion
TONS
1 will call Your Honor's attention to
single paragraph in volume 10. first
edition, Encyclopaedia of Law, page 1913:
ION the ground of public policy the ex-
ecutive department of the Government
cannot be Intercepted in judicial pro-
ceeding concerning official transactions
with it's subordinates."
I call Your Honor's attention to
Thompson vs. The German Valley Rail
road Company, % New Jersey. equity.
page Ill:
every person, whatever his office or
dignity. is bound to appear and testify
in courts of justice when required to do
so by proper process, unless he has a
lawful excuse. The dignity of the Office.
OF the mere fact of official position, is
not of itself an excuse; and whether the
official engagements are sufficient, must
be determined by the circumstances of
each case.
THE Governor will not be compelled
to produce in court any paper or docu-
ment in his possession; he will be allow
ed to withhold it, or any part of it. if,
in his opinion, his official duty requires
him to do so.
THE Governor cannot be examined as
to his reasons for not signing an Act Of
the Legislature, nor as to his action in
any respect regarding it. But he is bound
to appear and testify as to the time an
Act was delivered to him.
IAN order to testify is an unusual
practice, and ought not to be made
against the Executive of the State.
I'm the case of the Executive, the
Court would hardly ientertain proceed
ings to compel him to testify by adjudg-
ing him in contempt. 1t will be presum-
ed that the Chief Magistrate intends no
contempt.
That his action is in accordance with
his views of official duty not the courts.
and in the present case that presumption
amounts to a certainty"
Chief Justice Marshall in the trial of
Burr, page $50, remarks: In no case OF
this kind would Court be required to
proceed against the President as against
an ordinary individual, the objections to
such course are so strong and so OBJ
vious that all must acknowledge them.
Those are the words of probably the
greatest jurist that has ever spoken the
English language.
IF the Governor without SUFFICIENT or
lawful reason refuses to appear and tes-
| tify, he is, like all other citizens, liable
| to respond in damages to any party in
| jured by his refusal
| I want to call Your Honors attention
now to a carefully considered opinion
which is exactly in point except that II
| goes miles further than we claim the
exemption extends.
LII Tile appear Oi JiO. t Ilei u wv
ernor of the Commonwealth. IS Pennsyi-
vania State Reports, the syllabus is as
follows:
1.-The Governor is the absolute judge OF
| what official communications to himself
or to his department.. may or may not be
revealed, and is the sole judge not only
of what his official duties are, but also
of the time when they should be per-
| formed.
1.-THE Governor is exempt from the
process of the courts whenever engaged
| in any duty pertaining to his Office and
his immunity extends to his subordinates
and agents when acting In their official
capacity.
This case arose out of the great rail
road riots in Pennsylvania in which prop
erty to the amount of many millions OF
dollars was destroyed, and the military
| were called out and there was large
amount of blood shed, and while these
disturbances were going on the Governor
was summoned to appear before the
| Court to testify in regard to what had
been done and what had been ordered
1.-The purpose for which these officers
were subpoenaed, is that the Grand
Jury may be put into possession of any
Information they may be possessed of, or
that may be within the power of their
everal departments, concerning the mil
litary or other means used by them in
the suppression of the late riots in the
lcity of Pittsburg. 1t will be observed
that these persons are subpoenaed for
the purpose of compelling a revelation
lof such things as have come to their
knowledge in their official capacities and
which strictly belong to their several de-
.partments as officers of the Common
wealth. This is clearly set out in the
answer by the Attorney General, to the
application for the attachment, and there
has been no denial thereof upon the ar
gument before us. In order to simplify
matters, We may treat this case just
as though the process, first and last
were against the Governor alone; for il
he is exempt from attachment because
of his privilege his immunity protects his
subordinates and agents. The general
principle is that whenever the law vests
any person with the power to do an act
at the same time constituting him a
judge of the evidence on which the act
may be done, and contemplating the en-
ployment of agents through whom the
act Is to be accomplished, such person
| is clothed with discretionary powers,
and is quoad hoe Judge. His mandate
to his legal agents, on his declaring the