Ex Parte Lawrence

Good Law
116 Cal. 298·1897 Cal. LEXIS 542·48 P. 124
Supreme Court of CaliforniaMarch 16, 1897Crim. No. 273California482 words

Opinion

Lead Opinion

The senate of the state was engaged in an investigation of the conduct of its members un-' der a published charge that some of them, whose names were not given, had taken bribes for aiding in the pas *299 sage of a certain bill. The news editor and one of the reporters of the paper which published this charge were called upon to testify in the matter, and refused to answer certain interrogatories propounded to them, upon the ground that the information sought to be elicited was privileged, and that the evidence, if given, would be irrelevant and hearsay. The questions contained a demand that the witnesses should give the names of those from whom they had received information touching the charge of bribery, and the nature of that information. The inquisitorial investigation upon which the senate was engaged was one strictly within its jurisdiction to prosecute. It had the undoubted power to examine into the alleged criminal conduct of some of its members, with a view to their expulsion or other punishment if found guilty. (Ex parte McCarthy, 29 Cal. 395 .) Under such an investigation, these witnesses, who were shown to have been responsible for the published charge, and who at the…

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