Lowe v. Summers
Missouri Court of Appeals
Original Proceeding by Habeas Corpus. (1) The house of representatives of the general assembly of Missouri has no jurisdiction or power to punish a witness for refusal to testify before one of its committees. To arrest and punish for contempt is the highest exercise of judicial power. In re Mason, 43 Eed. Rep. 510. And all the authorities are to the same effect.
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Original Proceeding by Habeas Corpus. (1) The house of representatives of the general assembly of Missouri has no jurisdiction or power to punish a witness for refusal to testify before one of its committees. To arrest and punish for contempt is the highest exercise of judicial power. In re Mason, 43 Eed. Rep. 510. And all the authorities are to the same effect. In re Sims, 54 Kan. 1. And the judicial power in the state of Missouri is specially vested in the courts by the constitution in two separate articles. Greenough v. Greenough, 11 Pa. St. 489; Turner v. Althaus, 6 Neb. 54; State v.…
1Opinion of the CourtGill, J.
Statement This is a proceeding in habeas corpus, whereby the petitioner Lowe seeks to be released from the custody of the respondent Summers, who, as sergeant at arms of, and by virtue of a warrant issued by, the house of representatives of the state of Missouri, had arrested said Lowe and was proceeding to take the petitioner before said house to answer the charge of an alleged contempt. The facts, as disclosed by the return, denial, etc., are substantially as follows: On January 15, 1897, the house of representatives, then in session, adopted certain resolutions reciting, in effect, the…
2Cases cited4 opinions
- Kilbourn v. ThompsonSupreme Court of the United States · 1881
- People, Ex Rel. McDonald v. . KeelerNew York Court of Appeals · 1885
- Adams v. MillsNew York Court of Appeals · 1875
- In re FalveyWisconsin Supreme Court · 1859
3Cited by8 opinions
- McGrain v. DaughertySupreme Court of the United States · 1927
- Quinn v. United StatesSupreme Court of the United States · 1955
- In re WebersSupreme Court of Missouri · 1918
- In re ConradesMissouri Court of Appeals · 1904
- State v. BrewsterSupreme Court of New Jersey · 1916
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