The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-04-17
TIE CASE OF II. KILB0URN.
SMALL CONGRESS OBEY THE ORDER
or THE SUPREME COURJP


bcre-Ihe rover OF tue House ms n tOuft-
The Minority Report Finding Favor.
WASHINGTON, April 10.-Nearly the en-
tire afternoon yesterday was consumed by tho
House debating the question Of obeying the
mandate OF the Supreme Court OF the District
which commands the Sergeant-at-Arms of the
House to produce the body Of Halett Kilbourn.
The majority Of the judiciary Committee re-
ported adversely, and holds that the court Is an
inferior tribunal, and has no authority to de-
mand the body OF Kilbourn, inasmuch as he Is
IN the CUSTODY Of body OF competent jurisdic-
ton, and even court OF equal jurisdiction
could not take him hence on its process. This
view Of the was very ably sustained by tho
Hon. Frank Hurd of Ohio, who presented the
majority report from the committee, and by tho
Hon. George Hoar, also ot the judiciary Com
mittce.
kasson Of Iowa, Garfield OF Ohio, and Kelley
OF Pennsyvania argued on the other sidc, urging
that the action uf the House was wrOngub MUtO
and that the commitment of kilbOurn In the
nfst instance was an error. Tho minority ~ the
Judiciary Committee hold that the writ OF the
court must be respected and kilbourn's body
presented In court They assume that the
court VIII, upon presentation OF the facts, re-
mand the prisoner 60 the CUSTODY OF the House,
As tue same court did two years AGO In the case
OF Irwin. Those VINO support this view, aud
there IRE many Democrats who do, say that it
cannot DO issumed that the court Will act He
gllly and unwarr ntably in tue matter, and that
the Democrats tre committed over and over
again to the doctrine tnut Judicial process must
under all circumstances be respected.
There Is still another party IN the House com
posed aiike OF Democrats and Republicans, VINO
hold that iA's quest on which goes to the very
root nf the power OF the House of Keufcsenta-
tives In cases OF this KIND. They say that IL n
very simple question, ard put 1t In this way
Has the House Of Representatives the power to
raise committees OF Investigation. to clOtbe them
with the authority to summon witnesses, ad-
minister oaths, PROFOUND questions, and ask tor
the production Of BOOKS and pauefsr il II has,
then II follows CT ncccssltdtc rel that II mas the
power % compel witnesses TO answer aud TO
for contempt In the event OF their railing or
refusing 10 obey the order OF the House
made upon iull understanding OF the case.
lhe House, these gentlemen urge, nave TINS
right from immemoriil usage, a. well rs lnhe-
rently, and therefore II Is presumption on the
part of an inferior tribunal, ike the supreme
Court OF tho District OF Columbia, u Interfere
and attempt To take, even for one moment. Ju-
risdiction over the pri oner, who Is held by vir-
tue OF the authority Of the House OF representa-
Lutte right. For instance, W. o. Avery has just
been sentenced by the District Court OF the
United States, at St. Louis. to pay nne OF Sl.UOO
and two years imprisonment In the peniten-
tiary, aud to be held until the 1ne imposed Is
paid. Now, suppose at the end of the
two years imprisonment, Avery, being
un bic 20 pay the 1ne, wae TO apply TO
n state court for wfit OF habeas corpus,
on the cround that imprisonment for debt was
Illegal. would the STATE court presume TO grant
Mr. Avery Is held by virtue cf an order Of u court
having CON petent jurisdiction. and there can
be no Interference. There seems. however TO
be disposition on the part of the mntpfiiS of
Democrats to say tnat The body Of hilbourn
shall bc produced, IN obedience to the order Of
the court. ana II Il not unlikely that the report
OF the minority OF the judiciary Committee VIII
De adopted 10 morrow.