The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1905-07-19
new FORM OF SUBPOENA
First Procedure against Editors
Probably In Excess of Powers.
Protest Against Jurisdiction Of Joint
Session In Requiring Attendance.
Lawyers Expressed Diverse Opln-
ions as to Legal Aspect Of Situation.
New Subpoena Under Special Form.


Albany, July 18.-The joint session
of the legislature found itself with a
Lew problem Immediately upon con-
vening last night In the defiance of its
subpoena by Managing Editor J. A.
Hennessey Of the New York Press.
The clerk called the name of Editor
in Chief Erwin Wardman of the New
York Press, whose testimony and re.
hsal to answer certain questions last
week led to the present tangle. Mr..
Wardman answered "here."
The sergeant.at-arms reported that
he had been unable to serve sub
poena upon NJ. G. Scott, night editor
of the Press. The clerk then called
the name of its managing editor, John
A. Hennessey He did not answer and
was noted as in default, whereupon
the following communication from him
was read:
Objects to Jurisdiction.
ITO the Joint Session of the Senate
and Assembly of the State of New
York.
The undersigned having been
served with subpoena to appear be.
fore you at the Capitol in the city of
Albany, on the 18th day of July, A. D.,
1905, at $3.50 o'clock p. m. of that day,
then and there to be examined as
witness and to testify to the truth as
as to the contents and origin of GER
tain article published in the New
York Press Wednesday morning, July
II, 1905, and appearing in column
page /, of said issue of said news.
paper and headed, Big Lobby for JUS
tice Hooker; scandal is thick in AL
bany' and directing me to bring with
ME and produce at that time, before
said senate and assembly in Joint
session, all original manuscripts Of
said article, and all copies thereof
any and all kilograms, letters, papers
or other documents in any matter re
lating to said article, or the contents
and origin thereof and which may
pertain TO or be required in investiga-
tion of the said subject hereof, res
pectfully objects and protests against
the jurisdiction assumed by you in
issuing such subpoena and requiring
my attendance and the production of
said papers. upon the following
grounds.
First, that said Joint session is or.
ganized only for the purpose of hear.
ing the proofs and determining
whether certain justice of the SUI
preme court shall be removed from
his office and the subject matter
stated in said subpoena is not mater
ial to such inquiry or involved therein
and therefore the said Joint session
is without authority to inquire into
the matter referred to in said sub.
poena or to require my attendance as
a witness thereto (see People ex rel
Mcdonald VS. Keller. 90 n Y. 4G3.
1850.
Second, that power of investiga
tion is given only to each house in
respect of matters upon which it IS
authorized to legislate and the said |
Joint session not having such power |
nor this extraordinary session having
any present authority to so legislate,
1t is without power to investigate.
Third. that neither house of the |
legislature is now convened nor any |
of the members of the said houses at |
the time of the publication of the ar
ticle here referred to or at the time
of the issuing of said subpoena had
any legislative capacity until required
by the governors direction. On the
contrary, the said houses were excer
cising a special authority not requir-
ing the action of the governor thereon
aside from which each of them was
without power to act.
Lastly, the state constitution pro
vides (article d. section d He (the
governor) shall have power to convene
the Legislature or senate only on ex.
traordinary occasions. At extraor-
dinary sessions no subject shall be
acted upon except such as the cover.
nor may recommend for consideration.
The subject referred to in your sub.
poena has no relation to the subject
recommended for your consideration
by the governor and as a consequence
you are prohibited by the constitution
anti In, |
Respectfully,
John A. Hennessey,
Letter Produced a Sensation.
Managing Editor New York Press"
This letter produced a profound sen
iation and opened up at once the ques-
ion of the powers of the joint ses.
lion. Assemblyman Rogers immedi.
ltely presented a resolution, already
instructing the lieutenant
governor and the speaker of the as.
embly to issue warrant for the ar
est of Mr. Hennessey and his appear.
nee before the bar of the joint ses-
ion, directing that he be held in Gus
ody of the serseant-at-arms to await
ction on his case. Mr. Rogers de-
Jared that Mr.. Hennessey's answer to
he summons was astounding" and
taking advantage of subterfuge"
Senator Grady took immediate issue
With this proposition, asserting that
he only way to coerce witness was
or each house to act separately after
citing legal advice upon the unqiue
uestion. Thus began long debate
yer the authority of the joint session.
senator Grady contended that Hennes-