In Re Crime Investigation of Bribery of Public Officials

A committee of the House of Representatives of the United States Congress, called the "Blatnik Committee," conducted an investigation with respect to the use of federal funds in the construction of highways. As a result of the investigation, the committee made a report and, based thereon, the district attorney of the Third Judicial District filed motions under the provisions of 41-3-8, N.M.S.A., 1953 Comp., asking the court to order the issuance of subpoenas for certain witnesses. The motions were all entitled "In Re: Crime Investigation of Bribery of Public Officials," and were docketed in Dona Ana County on the criminal docket under Cause No. 10,560. The court granted the motions ex parte, and directed that the clerk issue subpoenas for the individuals to appear and testify before the district attorney. Thereupon, the proposed witnesses appeared by counsel and moved to quash the issuance of the subpoenas and vacate the order. After argument, the court entered its order quashing the subpoenas and dismissing the proceedings. The district attorney thereupon moved for an appeal, which was granted, and the cause was docketed in this court. After the filing of the states brief in chief, the three proposed witnesses filed a motion to dismiss the appeal. This opinion is limited to the ruling on this motion.