The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-03-16
JUDGE DovLH's OPINION
IN the Application o. 6udenoae 'or
Habeaa corpus Writ,

!, ,he ApplleasIon o. 6udcnoae Tor
Habean corpus Writ
in ,he Matter Of the Application oI
D Gadenoge for writ OF haheas
eorpus. syllabus BY the court Il
finder section 2i Of. the bin ot
fights witch declares that ing per
sDn ehaa "a compelled 10 give evidence
shIch viii tend 20 incrlminate him ez
eont As r. this constitution speclhcaily
rovlaea and section "a q the Ply
81 rights which provides that any
nerson having knowledge or possession
of facts that tend 20 establish the gnilt
IN any other person Or corporation
charged with IN oftanse against The
laws Oh the stste. shall mol ~ excused
ON eiylne testimony o. producing eVi
sience when legally called upon 80 70
d3. On lhe ground that 4 may tend TO
incrlmlnage him under the laws OF the
state but no person shall pc proseuut'
va Or subjected 20 any penalty OF ior'
4olpra for or on account oi any tran
ssc,loh matter. or thing concerning
xhlch M may 70 testify o. produce eVi.
llenee. Where person y under ex'
rmlnaiion before a county judge IN an
Investigation into supposed violations
N tha prnhibitory law, otherwise
known al The Enforcement Act uns
icr tho provisions OF Section 4 OF said
Act he N not Obliged 20 answer quea'
lions whore his answers VIII tend 70
lncrlmlnate him. unless the inQHisition
ii hela fos the purpose Of inquirlng n.
io complaint made, supported hy 4.
davIt. chargln an 0Heuec ngalnst the
nrovlslonf ol the prohlhltofy law,
section 27 Of the bill Of rights re.
moves hp protection Of the conslitu
ional privilege as set forth by Section
n OF the bill OF rights, and said Sec
lion "A must be construed as declaring
llhat 10 evidence obtained from a wit
moss hy meanua Of a judicial proceed
I lrk shall be given IN evidence or n
any manner used against him or hi
property ~ estate. In any court Of the
state. in any criminal proceeding, o.
tor the enforcement Of any penalty o.
forfeiture provided, that on an lnQula
iilon nell undef Section 4, Article !
On. ca. scselan lRWs af l907.s, other
wise known az the Enforcement Act
i the proceeding 30 held shall be prpdf
faie8 upon complaint made. support
hl bg aflldaglt. that there has been 3
Violation 81 the penal provisions. q
8me ono Il lhem Of said act charg
ing a0ma person or persons with s1id
iiElAtlon
The manlieat purpose % ihe conaii
+ luiQHal rogialuns both 81 The United
States anl Of lhIs state. la 10 prohibit
ihe compelling Of Testimony nf self
grlmInaunR Kind from a party or wit
aess
! An inauislllou under the pfovislnns
, ~ aetiluilst nf said enforcement act
lS proceeding special IN IL nature
ind no presumption san attach N fafni
N It's iirladIeilon
Ma statute which leaves q party 0l
+ Nitneks subject % prosecution after %
Answers ne terminating question pm
10 him. can have the effect 81 sup
planting the privilege conferred BY The
constitutions 10 be valid The statute
1 MUST anuu lshsoiule Immunity ags .ssI
/ future prosecution for the uIIense {
which iac question rpiates.
/ CONT nipia Of court are divided inlt
direct aid indirect contempls. and arr
classified as evil and criminal, rhs
! distinction between civil and udlmiuu
Conlampts is IHalnly drawn The tor
lncr oonelslt IN dlsoheYlns some judi
/ ulgl uFde made IN the lniereat Of an
other par,y 10 the proceeding. the lat
Ter. Of acts elsrespeeEiul To the court
ar obstructive 10 the administration o.
/ lustlee. OF calculated to bring the coufl
/ Into dlsrenuge.
The power Of courts TO punish fol
contempt Is inherent Refusal 10 ans
wcf questions IL q criminal pfneeeulds
q a cflulnal contempt and the punish
/ pehi therefor Is governed BY the pro
/ visions cf The criminal code. and where
the si3tpte limits the duration Of tbs
nunlshnent. the punishment may con
form TO huch limitation. but cannot OK
ceed II
Where he court or iurge thereof
was without jurisdiction or power te
tender tne Judgment Of Issue process
FOR tho imprisonment Of party, the
imprisonment il illegal. and this couit
WIN grant relief by haheas corpus
/ iInflsdlell0n Of the person and III
hc subject matter are not alone CON
elusive. but the Jurisdiction OF tho
confi Or Judge thereof 10 render the
particular judgment Ia d proper sub.
ieci ot Inquiry. and II. upon the whola
record, q appears that the Judgment
was unearranied BY law the eoniem'
nor Viii he released on the hearing ot
wflt 81 habeas coFpus