In re Smith

This motion is to punish the president of the civil service commission for contempt in refusing to be sworn and testify before a subcommittee of a special committee of the city council of the city of New York. He had been served with a subpoena dated September 27, 1940. His refusal to be sworn as a witness resulted in this application, pursuant to the provisions of section 406 of the Civil Practice Act. The facts are not in dispute. There was an original resolution of the city council *938passed on May 7, 1940, authorizing and directing the investigation, setting forth alleged charges and adding…