New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-01-18
THE IRWIN HABEks CORPUS CASE.

ARGUMENTS IN THE CAsE-TEE QUESTION AT ISSUE
WHETHER CONGRESS HAS FORTIFIED ITS RIGHT
BY CERTIFYING THE MATTER TO TIE DISTRICT
ATTORNEY.
WAsuINGToY, Jan. 1Z--PrOceediugs in the
Irwin babeas corpus Resumed yesterday AFTER
noon before Judge Macarthur. Mr.. Shelabarger stated
that after the adjournment yesterday tho posture OF this
case was laid before the House Of Representatives VINO
nassed a resolution that the 5ergeant-atArms make
return 10 the writ Of haDeas corpus that Richard b.
Irwin Ia held by the UOUse TO answer proceeding
against him for contempt, and that the sergeantat-
Arms take with him the body OF said Irwin Wheh HahR
,ncb return nr. shesbarger said tho return would
nau ne made tho body OF tho restor being In Court
Mr. F.her read the return Of the sergeantat-Arms'
giving lhe particulars OF tho ground OF contempt and
subseauent proceedings OF he House drectnS Irwin W
be held In custody Ito return eiter asserting 'ha'
the court could not IN the premises without im'
proner interference with and In dereloton OF the priv
eoas NJ the Eouse concluded with the assertion that
no ,r,her interference with the custody OF the reator
coulo Iva had and requested that the reator DO re-
mandod TO his custody.
Mr. sbellabarger said the reator was In the custody
q, tina House OF Representatives as disclosed by com
proofs and therefore the case could not 90 iu
Their inquired into and assailed.
Mr. Dusant read "a sworn statement OF Mr. lrwin'
taking tho position there IL no legal ground for lon
Qer depriyng OF his liberty and that the Speaker oil
the House having certified the facts In tho case TO the
DistrctAttorney In accordance with the law. TO the
end that legal proceedings be Instituted against The
reater the has passed from the Jurisdiction OF the
House. Tho reator, therefore, asked that he be re-
leased on ball. await trial by court shat such order
! he given as law and justice may require,
Judge Macarthur said the replication did not deny the
fets in tue return The Ouly question, therefore was
~ tber the Hone could take further proceedings after
the facts o; tie case had been certified TO the District
| Attorney.
| The Court adjourned until Monday, when tho argu-
ment viii be- heard. Irwin. IN the mean time, remains
| In the custody Of the Sergeant alarms
| The questions 10 be argued before Judge Macarthur
on Monday involve the point whether tho House has
parted with It's jurisdiction In the Of Richard b.
Irwin by the OF the Speaker in complying with the
section Of the law In relation to cOntempts, as follows:
SECTION g. And be u further endcted. That when wit
pers shall fail to testify M provided In the previous
sections OF this act aud tho fact shall be reported the
ouse IL shall be the duty OF the Speaker Of the House
or the Pres OF the senate TO certify the fact un
be seal House Senate, TO the District Atorney
for lhe District Columbia whose duty 1t shall DO 10
bring the matter before the Grand jury for thor action
The District Attorney admitted yesterday that ne had
received ouch rot HcatOn and therefore Irwin claims
that the Jurisdiction Of the House over blu bs j9ase