Matter of Davies

In Matter of Davies (168 NY 89 [1901], the Court of Appeals upheld the constitutionality of chapter 690 of the Laws of 1899, which authorized the Attorney General of the State of New York, prior to initiating an action alleging unlawful monopolies or restraints of trade, to obtain an order from a Justice of the Supreme Court directing persons mentioned in the application to appear before the Justice to provide testimony and produce documents, which would then be filed in the office of the County Clerk. ( Id., at 97.) In Davies, the statute was challenged as unconstitutional on the ground that it delegated nonjudicial duties to Justices of the Supreme Court.