People ex rel. Sabold v. Webb
New York Supreme Court
Habeas corpus. This case comes before the court on an application of the relator, Frank W. Sabold, by habeas corpus, who is in custody of the defendant under a warrant issued by the speaker of the assembly, by order of the house. The petition of the relator, and the return of the defendant thereto, discloses the undisputed facts upon which the legal questions involved in this application arise.
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Habeas corpus. This case comes before the court on an application of the relator, Frank W. Sabold, by habeas corpus, who is in custody of the defendant under a warrant issued by the speaker of the assembly, by order of the house. The petition of the relator, and the return of the defendant thereto, discloses the undisputed facts upon which the legal questions involved in this application arise. By chapter 582 of the Laws of 1888 five members of the assembly, of whom the speaker was one, were given charge of certain repairs and alterations in the cápitol, according to certain plans and…
1Opinion of the CourtMayham, J.
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…
2Cases cited2 opinions
- Kilbourn v. ThompsonSupreme Court of the United States · 1881
- People, Ex Rel. Frey v. . the Warden, Etc.New York Court of Appeals · 1885
3Cited by6 opinions
- In Re HagueNew Jersey Court of Chancery · 1929
- In re GilchristNew York Supreme Court · 1927
- State Ex Rel. Sigler v. ChildersSupreme Court of Oklahoma · 1923
- In re SmithNew York Supreme Court · 1940
- People ex rel. Webster v. Van Tassel, New York County Courts1892
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