5 N.Y.S. 855 | N.Y. Sup. Ct. | 1889
The relator claims that the committee had no power to compel the answer to the question propounded and the production of the telegrams called for—First, because they were privileged communications, which the relator had no right to disclose as a witness; second, that the power of the legislature and its committee to take testimony, and compel answers to questions and production of papers, is confined solely to legislative proceedings or to investigations to promote remedial legislation. As to the first proposition I am of opinion, upon principle and authority, that telegrams, as such, are not privileged; that they are clearly distinguishable from communications sent by mail while in transit; and that their production on a proper subpoena would not subject the operator or custodian to the penalties imposed by statute for a willful disclosure or publication of their contents.
The second question raised by the relator is as to the power of the assembly, or any committee appointed by it, to institute and carry forward an investigation of the character referred to in these proceedings, which, it is insisted, relates only to the manner in which the committee of a former legislature performed its duties in making a contract for repairing the ceiling of the assembly chamber and the construction of a staircase, and the manner in which the contract made by them with Snaith was performed, all of which re
It will be borne in mind that in making this statement the learned judge was discussing the power of the state legislature, and not of congress, and the conclusion reached seems to be that neither congress nor the state legislature derive any of their powers to punish a witness for contempts from the common law, or any support, in the exercise of that power, from the precedents of practice of the English parliament, but all their powers are derived from the federal and state constitutions, and statutes enacted thereunder. Assuming, therefore, as we must under the authorities, that the legislature has no general judicial powers, and that it can confer none upon its committees, and that its power to punish contumacious witnesses is confined strictly to examinations for legislative purposes, we are forced in this case to the consideration of the question, was the investigation in which the special committee of the house was engaged, when the relator refused to answer and produce papers, for legislative purposes, or to promote beneficial legislation, or was it inquisitorial, in the nature of a judicial investigation? The answer to this question is more delicate and embarrassing than is the inquiry into the power of the legislature. It must be conceded, 1 think, that the subject under investigation was the manner in which the provisions of chapter 582 of the Laws of 1888 had been executed. As has been seen, that law related exclusively to the making of certain repairs and erections in the capítol, which were under the act confided to a committee composed of members of the legislature of 1888, the work to be done by the superintendent of public buildings, to be done in accordance with plans and specifications tobe approved by the, committee, and completed before the 15th day of December, 1888. This work was let by contract in writing by the committee to one Snaith, and by him in part sublet to Sullivan, the whole to be completed at the time above indicated. After the organization of the legislature of 1889, and after the
As we have seen, a legislative committee may summon and examine witnesses in legislative proceedings, or to promote remedial legislation; but when they seek to enforce obedience to their orders by proceedings for contempt they must be acting strictly within the limits of their delegated authority. Both committee and witness are subject to the provisions of the statute. In this case, the recitals in the preamble, purporting to give reasons for the adoption of the resolution of investigation, do not suggest any new legislation. The chief object seems to be the gratification of a very natural, and, perhaps, very laudable, curiosity on the part of the press and the public to know what had been done with the $100,000 profit on the contract. But could that knowledge be used for the purposes of legislation, within the fair meaning of that term, as used in the statute? It will hardly be pretended that information such as was called for by the resolution was necessary as a warning to the legislature against passing another act similar to chapter 582 of the Laws of 1888. Flor could any remedial legislation be enacted to relieve from the operation of that act. It had spent its force and accomplished its purpose before the organization of the present legislature, nothing could be accomplished by its repeal, nor was it in force so as to be the subject of an amendment. All acts contemplated by it had been performed either properly or improperly, and had passed into history. The commission created under it had expired by the limitation of their official term and the force of the act by which they were appointed. The contract made by the commission with the builder had been executed, and either broken or performed. All legislative power over it had ceased, and all that remained were the judicial questions whether the same had been properly or improperly made, and whether it had been properly performed by the contracting parties. It Could not be claimed that the legislature could, in its legislative capacity, resume or exercise any control over it. Any act of the legislature, modifying the provisions of the original acts under which the parties contracted, would be an unconstitutional interference with the obligations of a contract. This case, in many respects, is not unlike that of Kilbourn v. Thompson. In that case a committee of congress sought to inquire into a business transaction affecting the interest of the United States, or one of the departments of the government, and for that purpose summoned ICilbourn before the committee of the house of representatives as a witness. On his examination he refused to answer certain questions propounded by the committee, or to produce certain papers in his possession of which the committee desired an inspection. For that refusal he was arraigned at the bar of the house and adjudged guilty of contempt, and by warrant committed to the custody of Thompson, as sergeant at arms of the house, and by him, under the authority of the order of the house, imprisoned. The question coming before the supreme court of the United States, it was adjudged that the.house acted without jurisdiction, and that the imprisonment
A very important question is raised in this case as to the power to compel the custodian of telegrams sent through an office, and left in the custody of the company, to produce the same upon a subpoena duces tecum, served upon the officer of the telegraph company in whose custody they are left. This question has been argued at great length, and with marked ability, both by the counsel for the relator and the attorney general, but the conclusion reached by me relieves me from expressing any opinion on that subject. If I am correct in holding that the committee, under the circumstances of this ease, had no power or jurisdiction to punish the relator as for a contempt, then it is my duty to order his discharge. In People v. Warden, 100 N. Y. 20, 2 N. E. Rep. 870, it was held that, under section 2031 of the Code of Civil Procedure, it is the duty of the judge upon hearing or return to a writ of habeas corpus to inquire into the jurisdiction of the tribunal which rendered the judgment or decree, and to discharge the prisoner, where it appears there was a lack of jurisdiction over the person or subject-matter. In this case Judge Ruger holds that the recital of jurisdiction on facts in the judgment of courts of special and limited jurisdiction does not furnish even prima facie evidence of its existence. I am of the opinion that the assembly had