National Republican. (Washington City (D.C.)) 1872-1888, 1876-04-21
REcuSAHT kILB0uRN.
PROCEEDINGS BEFORE EDGB CARTIER
ARGUMENTS OF LEARNED COUNSEL
JUDGE BLACK BEFORE TIE HOUSE 1KklTfEE
GLIMPSE ATrHE REAL ESTATE ssooI
POWERS OF 4 LEGISLATIVE ooHAIffEE
The Pool BeIend Their Jurisdiction
RECUSANT KILB0URN.
ARGUMENTS OF LEARNED COUNSEL
IuDGE BLACK BEFORE EXCUSE CahKlFfEE
GLIMPSE ATTM REAL ESTATE Ed,o1,
POWERS or 4 LEGISLATIVE oonn1fKE
The Pool BeIond FAeir Jurisdiction

The Circuit Courtroom was again crowded
yesterday by persons interested in the proceed
ings connected with the hearing Of the writ Of
hGbeGs corpus in the case of Hallet Kilbourn,
before Chief Justice David K. Cartier sitting in
Chambers Most of the gentlemen present were
members Of the bar, and appear 70 take deep in
terest in the case and the arguments Of the able
counsel on both sides. ~
address on the night previous, resumed speaking
yesterday morning, and closed Just before the
After that he was followed by Robert Christy,
esq, who will conclude his argument to-day, and
be followed, it is expected, by Mr.. Voorhees,.
JUDGE BLACK BEFORE THE HOUSE COMMITTEE.
In this connection it will be interesting to read
Black before the Real Estate Pool Committee. At
the inception Of this interesting case:
GENTLEMEN: 1t must be apparent to you that
a Legislative committee has no power TO investi-
gate the private affairs or search the private
papers Of any citizen, unless for the purpose Of
interest. Even then It only be done If the fact
sought to be established is. such as ought to be
There are ppeeedepts III NJ ,,.
kind prompted BY political or personal enmity.
In the better days of the republic efforts to make
always Unsuccessful A notable instance of
failure was the attempt to expose the private
business Of General Cas- and others, then ofhcers
No man can doubt that all evidence offered on
that subject was rightly rejected. An example /
Senate in iss9, which compelled the production Of
all papers and other evidence relating to the pur-
chase Of newspaper establishment In this city
called the ConstifutioR, the object being simply
TO furnish opposing papers with material for the
abuse Of the editor; and the anti-constitutional
party made some capital out Of It which they
valued quite highly. A year Afterwards a com
mittee Of the House of Representatives sat here
for lsng time inquiring into private CONVERSE
could find them and used them to frame personal
scandals and excite i'll blood among men who
might otherwise have been friends
To suppose that this committee Is at all inclined
to follow the latter precedents would be want OF
respect for the character of all its members
While you are no doubt determined to ascertain
the true condition of public affairs to the end that
the proper remedy may be applied to every wrong,
to let your authority be used or abused for the
mere purpose of exposing private transaction,
which the parties for reasons of their own, desire
to Keep secret, and which they have perfect
admit that every man is bound to show any
paper or testify to- any fact which the purpose Of
public Justice or good government require the
Legislature or the courts to know If there be
any cause pending-no matter between what par
relevant testimony, the person having them In
custody Is bound TO produce them when legally
called for by the tribunal having jurisdiction Of
the subject. Nor do deny that committee of
Congress investigating the conduct Of any officer
may lawfully demand the inspection of any paper
o the as t or
now called for Is based upon the ground that they
have no kind of connection with any public inter
authority to settle or inquire into. The inauisf.
tiOnal power of Congress is large, but II has
limit. 1t does not extend 50 far that It can be
reveal those affairs in which nobody but them
selves have any concern. The condolences Of bust
ness and friendship are sacred unless their dis
or enforce the obligations of other parties
The real estate pool, /" which our friends are
scope Of your jurisdiction as the history Of the
witness marriage or the ARRANGEMENTS Of his
ought not to make this syerment so positively
without mentioning more in detail the known
facts which prove II.
and firms put into the hands of Kilbourn & Latta
certain sums Of money, making o common fund
which Kilbourn & Latta were to use, and did
so purchased was conveyed to Kiibourn < IattS
who held the legal title in trust for the of ali
the parties IN proportion to the amount by them
1t was on its face private partnership-a
matter Of purely private business. The parties
property for Themselves, intending to hold It in
the hepe that they could afterwards sell 1t at an
advance on theeost price and thus make gain for
honest and just. No man has ever complained
that the trustees or any one Of the benefciaries
cent But they chose to keen secret the terms 81 Of
the trust, the names Of the contributors and the
amounts put in or drawn out by each one. They
choose now not to publish their business to the
world, for reasons which seemed good in their
own eyes. The right Of keeping it TO themselves
10 so clear and so well protected by the law that,
If an eayesdropper had found 1t out by listening
at a key hole or a window, he might be indicted
IS a criminal offender for blabbing ii abroad. If
the papers relating to it should accidentally come
into the hands OF an enemy or q rival. q chancel-
lor would enjoin him against the publication.
But # is contended by those who prompt this
fair, and we concede that II any P Feasonable
ground be shown to believe that the information
sought for is necessary as guide to Congress in
ferreting out public abuses or in framing legis
latiye measures We are not justified in with
holding it.
triet Government demanded these same papers,
believing, apparently, that the real estate pool
was part of o conspiracy to defraud the people of
manner as would improve the land purchased by
the trustees.
This suspicion-for it amounts to nothing more
was repealed. The witness stood upon his rights
as citizen, and refused to produce his papers or
submit them to a search. will not say what
reasons actuated the committee, but in point of
fact no cOercive measures were takenaganst him.
Henry ID. Cooke, the Governor of the District,
was called, and testified that the firm Of Jay
Cooke Co., of which he was q member, had
subscribed $4,000 to the pool, but he completely
disproved all connection Of this business with the
District government.
You are not now looking after corruptions in
the District. The present call for these private
papers is based upon another ground altogether.
Jay Cooke & Co., who had $4,000 in the pool.
have become bankrupt. Mr.. Lewis, their trustee
under the forty: third section Of the bankrupt la
Tee Of the SPOOL and has receive. ant r. the
ispoolr all that belongs to Jav cooke Go "a es
tate. The preamble =. r. the resolution under
which you are lung AYERS that the settlement
to the creditors Of Jay Cooke o.; therefore
there must be an examination into this private
affair fthe other parties. We have several an.
81. The decision of the Circuit Court of the Uni.
ted States, lately affirmed by the supreme Court,
inc which Il. trustee Of Jay CO.
has or may have in his hands, fits debts against
Jay Cooke, McCulloch & Co., being otherwise
2. It Is not even suggested that the settlement
between Dir. Lewis and the associates OF Jay
S0 ali sse IL
proceed upon q mere assumption that the Govern.
ment was cheated by such men a. Mr.. Lewis and
Mr. Bullitt without first calling them and making
5. Assuming that the United States are cred
| itors Of Jay Cooke Co., admitting their In
1 ceding that the creditors, including the United
| States, have been losers BY the settlement does
that make the case subject Of legtsiative N; 2,
SSS onssress san ''1 CIV .'N' Wv ''' -.
l. 1t Is not true that the courts are powerless to
%ay BEEN Ss
The Tn court In which the bankrupt proceedings are
II
mine any complaint Of that kind against the
4 trustee. No such complaint has been made.
Il whyr Manifestly because there is no ground
Il upon which IL can be sustained.
i 5. This is an unreasonable search of q citizens
papers. ! admit that II Is not IN the form Of a
l warrant for that express purpose. But It is In
l substance an order that he shah produce about 0
cart-ioad Of private books and papers, where the
i witness enemies may go through them and use
them TO the injury and; annoyance Of himself and
his customers.
E-e. The witness opponents admit that they are
L NOT seeking for matter Of criminal accusation,
either against him or against anybody else. They
/ can therefore, desire only to get some advantage
Of him In private business, or 70 furnish food for
1 personal scandal. Is the qualification OF such a
l wish consistent with your dignity or that Of the
| great body to which you bclongf
7. We have said already and we repeat 1t now,
| that II any gentleman urging this investigation
| will pledge himself to q statement showing that
the transaction in question has any kind Of rela-
| ton to any public interest requiring Legislative
protection, that the trust reposed In the witness
by his associates is not purely private, we give NJ
/ all opposition.
sonable inference to that effect can be made, lei
/ them have the benefit Of all doubts. Ithave conn
i dence enough in the honor and yeracity OF thess
l investigators to make me certain that they VII
Il ~ H. rsa CO N o. hnrv