An application to adduce sexual history evidence had to be made in writing and the complainant was not a
compellable witness at the hearing to consider admissibility.
sequence would be
compellable after the previous steps are performed,
Chief Justice Jay, in an opinion that might have been written by Justice Oliver Wendell Holmes more than a century later, wrote that it was absurd to subject cities but not States to suit when there was no practical difference between them, asking: "In this land of equal liberty, shall forty odd thousand in one place be
compellable to do justice, and yet fifty odd thousand in another place be privileged to do justice only as they may think proper?" Id.
(103) To prevent this problem, Judge Cadwalader declared the Section was intended to apply only to those drafted under the former Act "as had been mustered into the service." (104) Seemingly, the officers were mistaken about their authority to make arrests since the arrested party should not have been discharged if, independent of the March 3, 1863 Act, he was subjected under the Militia Act to military detention as a person "
compellable to render military service." (105)
For this reason, the administration of the oath to Velasco by the Speaker of the House of Representatives and the registration of his name in the rolls of the House by the secretary general were ministerial duties
compellable by mandamus, Te said.
But Section 5 of the Act states that: "No witness at the inquiry shall be
compellable to answer any question tending to show that he is guilty of any crime or offence."
They refused to give the driver immunity and he wasn't
compellable as a witness.