180 N.E. 110 | NY | 1932
An order of the Supreme Court, entered upon a decision of this court, adjudged that William F. Doyle, a witness upon a legislative inquiry, stand committed "until he answers the question whether he has bribed any public officer" (Matter ofDoyle,
The witness, who was then in jail for failure to answer that question as well as others, appeared before the legislative committee, and answered the question "no."
That answer having been given, he applied for his discharge, which was opposed by the committee on the ground that his denial was false.
The Supreme Court sustained a writ of habeas corpus sued out in his behalf by the relator, his attorney, and the Appellate Division unanimously affirmed. *439
The conclusion of the committee that the question had been falsely answered was not binding on the Supreme Court, which was under a duty to exercise an independent judgment, even if we assume for the purpose of this appeal that the truthfulness of the answer could be considered at all. (As to this see UnitedStates v. Appel, 211 Fed. Rep. 495, per LEARNED HAND, J.;Matter of Hudgings,
Upon the record now before us, the untruthfulness of the answer may be a possible inference, but a necessary one it certainly is not. We are not at liberty to say, at all events as a matter of law, that "the testimony is not a bona fide effort to answer the questions at all" (United States v. Appel, supra). True, indeed, it is that at an earlier stage of the inquiry the witness had declined to answer a like question on the ground that the answer might tend to incriminate him. We are asked how such a claim of privilege could have been genuine if the witness could truthfully have answered "no." But to put such a question is to ignore the character and limitations of the proceeding now before us. Conceivably the witness interposed the claim of privilege in a deceitful endeavor to hinder and delay the legislative inquiry. Whether such an endeavor would be a contempt of the Legislature, punishable by that body (Legislative Law, §
The order should be affirmed.
CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ., concur.
Order affirmed.