The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1906-01-29
FULL TEXT
Of THE DECISION
IN CALDWELL CASE

lef Vs. Caldwell, involving the sen
Isational refusal Of Senator Caldwell
to appear before the legislative CON-
Imittee last winter:
Supreme Court Of the United States.
No. 360-October Term. 1905.
W. II. Carter, Sheriff Of Wood
County, West Virginia. Appellant,
vs.. G. T. Caldwell.
Appeal from the Circuit Court Of
the United States for the Norti-
ern District of West Virginia.
(January %, l0OG.)
Mr.. Chief Justice Fuller deliver
ed the opinion of the court:
This is an appeal from il final or
der of the circuit court IN habcas
corpus, discharging Charles I.
Caldwell, a citizen of West Virginia,
from custody. taken on the ground
that the circuit court was without
jurisdiction as a court Of the United
States to issue a writ Of discharge
the petitioner, tile questions of jur-
isdiction being certified. The case
was heard on the petition. the re-
turn and the exhibits attached. II
appeared therefrom, in brief, that at
a regular biennial session Of the
legislature Of West Virginia, the
house Of delegates passed rcsolu-
ton instructing the speaker Of the
house to appoint committee OF
three members "to investigate fully
and thoroughly" certain charges and
matters set forth therein. The
committee was instructed hy the
resolution to meet as soon as practic-
able and select one Of its members
chairman; was given leave to sit
after the adjournment Of the session,
and was empowered 50 compel the
attendance of witnesses and to send
for persons and papers, to appoint a
sergeant at arms, necessary stonog-
raphers and clerks, and to employ
such counsel as may be necessary 10
conduct said investigations"
The committee organized and
summoned Charles T. Caldwell 10
appear before them 80 testify and
the truth to speak Of and concern
ing the matters and things in said
resolution to be inquired Of" He
refused to appear and was taken into
custody by W. II. Carter, sheriff Of
Wood county, West Virginia, in pur-
suance Of an order Of attachment is
sued BY the committee to bring him
before them for his contempt for
failing to attend and testify. This
writ was issued and Caldwell was
discharged. 1873 Fed. Rep, 4S1.
The jurisdiction Of courts Of the
United States to issue writs Of
habeas corpus is limited to eases Of
persons alleged TO be rcstained OF
their liberty in violation Of the con
stitution Or Of some law or treaty Of
| the United States. and cases arising
under the law Of nations. In re
Burrus. 1856 u. s. $50, 591 /; Andrew
ys. Swartz, 1876 U. S. 2f2, 2f5
Storti vs.. Massachusetts, 1873 U. s
l3S. 1l2.
And it did not appear in this case
that petitioner was restrained in
violation Of the Constitution or any
Law or treaty Of the United States.
The circuit court held that th,
house Of delegates had no power I'M.
der the Constitution Of West Virgin,
ii to appoint committee for tht
purpose Of investigating the matters
set forth in the resolution and L
clothe it with power to sit and com.
pcl the attendance Of Witnesses il
vacation, but took jurisdiction
nevertheless, on the ground that the
condition was 50 "extraordinary' \.
10 warrant the Intervention of tht
First court, state or federal, applied
to. This view ignored the settled
Ilaw that circuit court Of the Unit,
ed States has no jurisdiction 10 is'
sue the writ or release acitizcn from
imprisonment by another citizen Of
the same state merely because th'
imprisonment is wrongful. Th,
committee was acting under = rcso.
Hutton Of the house OF delegates anC
lin pursuance Of law Of the state
giving power to committees Of elthc'
Ihousc. authorized to sit during re-
cess, to enforce obedience 70 sum
monscs issued by them; and il the,
did moi have the power they assumed
to exercise. ii was because the rcso
Hutton or law, or both, was or were
Irepugnant to the state constitution
land the courts Of the state are til,
appropriate tribunals for the vindi
cation q the state constitution an'
flaws.
The circuit court was Of opmlol
that the subject which the commltte'
was appointed to investigate was no
within the jurisdiction Of the legs