The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-04-16
BabcOck, Harrington, Whitley and
Miles Indicted.
THE UNLUCKY CONSPIRACY.
Discussion Of Kilbourn's Imprisonment in
the House.
CHIEF JUSTICE CARRIERS POSITION
FROM OUR REGULAR CORRESPONDENT.

WASHINGTON. April 49, 1875
cHIRP JUSTICE CARTIER on THE KILBoURN
HABEAs CORPUS CASE.
Judge David H. Cartier of the Supreme Court Of the
District Of Columbia who issued the writ Of habeas
corpus the Of Halett Kilbourn asked this
evening what action the Court would take Tues
day In the Sergeant-atArms or the House should
be ordered to disregard the writ The Judge said that
~ he knew what he should do it would not be proper
Tor him to tell To do would BIO like giving decis
aon before the closed He wanted to give the
matter due consideration and hear all The arguments
that might be advanced either side II the writ
were dsobeyed II would DO such had
mover before arisen in the history Of this
Able and experienced lawyers differed and held con-
nicting opinions the relative jurisdiction OF the
house of Reprcse natives and OF the Court in this
peculiar He said that the question to be decided
was whether the House OF Representatives was
judicial body The Supreme Court could not interfere
with the rights Of inferior court II the House OF
Rcpresen had judicial power and jurisdiction II
Coud hol prisoner by right OF priority Of possession
This year OF prccedcnts and many legal quesi
lions Of great would have TO be settled during
this session OF Congress Judge Cartier said that he
certain or one thingIf he found that 1t was bis
duty to hold the Sergeant to account Tor not
obeying tho order OF the Court he would do IT, and in
sist administering the law according TO the best
Iknt ne uau. even III ne uRu 10 TAKE the prisoner
place in the County Jail the next day.
RECOVERY OF CLAIM AGAINST THE NAVY
DEPARTMENT..
4 s A. Wheelwright was examined to- day by the Com
mittso Naval Expenditures reference the
claim of Tilton, Wheelwrght Co. against the Navy
Department, in which they recovered about $50 900,
In 1874 twelve years from the origin OF SAID claim.
Previous witnesses testified that 1t generally
dersood that paid to the Chief OF Bureau
Reconstruction, Isaiah Hanscom to Paymastcr Thorn
ton and CongrcssmsA Harris OF Missouri to have the
claim passed Wheewright testified that he has
knowledge OF money having boon paid, directly or IN
directly, to any except clerk OF the department
for purely clerical services, BY which 1t appears that
Triton paid said clerk one-fourth part OF what Tilton
represented he had paid This payment for
vices actually rendered, and there was secrecy
in the matter Outside Of this no knew Of payment,
direct indirect the claim recovered far
ne knows on its merits, several presidents under
law OF Congress fully justifyng its payment, which
law provides that contractors who furnished hun
drcd per cent above face OF contracts should al
lowed market price for any exccssaoove that These
contracts 1861 and obliged to fur
Aish all Of the articles specified which the government
might rsqure hut the breaking out meanwhile,
these demands contractors excessive and often
reached times the flee OF the contract Hence the
lsy for their relief Triton, however, claimed that he
would have to expend $1,000, and it seems quite
probable that the money he represented that he might
have TO pay not disbursed but retained by said
Tiltop A. all Wheelwrght has not to this day,
nocerdingao his testimony recovered from Tlton his
YAare Of the claim.
DISCUSSING THE HABEAs CORPUS PRIVILEGE IN
THE LOWER HoUsE-THE CASE OF Kill
4ouRN.
In the House Of Representatives to-day there
animated discussion OF the habeas corpus OF Haet
Kilbourn Az constitutional question is involved
shat OF the relative jurisdiction Of the lever house OF
Congress and OF the courts-thc debate extremely
Interesting The members participating Hoar. Of
Massachusetts,; Morrison, Of Illinois; Knott, Of Ker-
lucky chairman of the Judiciary Commec); Hurd, OF
Ohio; Kasson, OF Iowa; Garfield of Ohio; Frye, OF
Name; Lyndc, OF Wisconsin; Lawrence, Of Ohio. and
Kelley. Of Pennsylvania There a strong sentiment
In favor OF maintaining tho unlimited preroga-
1.-Two OF the House in dealing with prisoners
Tor contempt, and OF rcpudiating the pretended right
OF any court TO question It, In the last $50 there
Ii in English history, however, an utter absence OF
any precedent that would support this view. Those
who argued the the habeas corpus
among the ablest members OF the House. Mr. Hurd.
who led the debate haipast five announced that he
had been informed by the Sergeant alarms that
Judge Cartier had appointed Tuesday morning for
she hearing OF the and he therefore gave notice
that he would call the previous question at three
s'clock Monday The House then adjourned.
THE DEFICIENCY APPROPRIATION AND THE MIS-
sIssrPPI INVESTIGATION.
The Senate Committee Appropriations have
agreed 70 report favoraby the House Deficiency bill
ON Monday. recommending tia. be considered and
passed Immediately With II will be passed the Senate
appropriation necessary the expenses OF the
investigation or the Mississippi election frauds IL
s..ts al.
tion should be passed by tho House in return Tor
speedy passage Of the Deficiency bill which includes
che amount necessary to pay witness by
shc House Investigations
crnrnn AuAcIuNcT0M nEcpATHLEc