New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-04-29

-, p,yr WEEKS OF INCARCERATION
LiDLn ,,o,er CONSIDERING WHAT TO DO ABOUT
49, nprrpISG VIEWS OF JUDGE KNOTT, Mh'
vcpy.RY, Mr.. FRYE AND MR.. HCEp.
InY TELEGRAPH TO THE TRIBUNE
yy,su,ScroN. April 2S.-Hallett kllpourh'
.ho rocnsant witness whom the house impFisoho" en-
tu.,nc to deliver his private books and papers
mites yestgating the real estate pool was ,, M
from the custody Of the sergeantatArins @ Distict
$50 corn,s nv Cbief,Justice Cartier OF 'he D
sno,oo Court The case Of itself unihipor'"'', f
sesses much interest as precedent ioi 80 it, XII
heen and are likely still to be plenty ~ - o., r,rd of
hoprn was imprisoned in the common J'' ~, oror %
five weeks the House assuming " 1891 ,,,oer the
-. o., .ortumacy He was also ih"c'ou ""u w
coni,"' 10 - Iury the law making il msdeheahor
ia" W NV .. stnse 10 answer before duly consul
loi ,,,oa of either House. After hVe weeks ne
s.,nod a writ of habeas corpus Inc aouso '"n'i''
Cmt,ee reported adversely on the pfoposl'ion " po
dnce the body Of the witness III COURT '"' '
un.'so directed the body to be surrendered TO
a., court and Kilbourn was transferred from
M custody of the sergeantatArms to that OF tue oh'eo
80. Norshal Of the District. Then arguments were
- and the prisoner prayed that he might be admit
80 q, hail and discharged from custody to answer the
,a,ctment He claimed that the House had not Jursoc-
Zion IN pnnish the particular contempt described IN IS
ease though admitting that 1t has III some cases. ne
.,sd that the House should not be carried beyond its
oasaifV
asd 70 by the Grand Jury and tried by jury as this
o.,o,lar contempt, being a misdemeanor, cannot DC
,d hv the House. Crimes and misdomeanors, except
a., ;mneaehment must be tried by the courts ana III no
case has the House power TO try misdeeahors' II
r,ncinle laid WIN in the Constitution that ctIzcn
nnot he punished twice for the same ofenSe ana me
question Is asked Has the power OF the House TO i'c'
me nunishment involved in its order been "
law TO the adjudication Of the courtsF
To- riavinc the case ChiefJus;ice Cartier says there
q only one case AGAINST Kilbourn, and yet lie Is punished
IN the courts and in the House In closing the case e
Jndpe finished his opinion as follows; WIN 'he JUG
ment OF the House in contempt It's power 10 puniS"
terminated and the punishment prescribed oy Id"
veued In pursuance of the authority ana cOihau Vi
the Sneaker certified the ofense to the Dsrct
Atto,nev and the Grand Jury found an Indictment
aaairst the relator which brings his body within the
jurisdiction of the court charged with trying inc onesc
stated 10 which tribunal feel 1t nay duty TO denver nm
for trial. KilbOurn subsequently admitted 10 oi
IN S. 900 security answer the Indictment ana nc Was
discharged ,
There was good deal of in the House in regard
10 his discharge and various opinions were expreSsed
Az To whether Kilbourn did any than fulfill MS
duty is a question which need not here be discussed
but II is very certain that there were many ways open 10
the Committee to ascertain the facts. THE TRIBUNE
shortly after Kbourns imprisonment, gave the names
of those composing the Real Estate Pool, and suose
Ittee declaring that he knew much Of the subject as
Kibourn and stated his willingness to testify He has
never been called, however. Kibourn said he would
test the law and if by the Court lie directed to tes
ty he would do so.
The fact Of Kilbourn's release communicated TO
the House the Court and the Speaker referred the
case again to the Judiciary Committee Judge Knott
the Chairman says the subject will be considered by MS
Committee on Tuesday. He did not lnoT the grounds
upon which the Judge had released Kilgourn, but be
thought the House did right TO produce the body in
court in to the abeas corpus lie ala not thinH
the Judge ought to have issued the writ and that he
ought not to have discharged the prisoner to-day There
ought to be comfy between the legislative and judicial
branches OF the Government. lie strong, however,
in his belief that the habeas corpus ought TO be oDeyed
By ALL at isl he said one OF the OLD buwarks OF our
party and it must be maintained"
Mr. Frye Of Maine, a Republican member Of the Com
mittee in conversation to-day. took the same ground
which Klbourn took in his petition TO the court He said
the case was certified to the court whose duty under the
law TO indc the recusant witness. Mr. rye thought
the had right inquire into TIE mater outside
OF the papers themselves and also OF the legality Of the
questions which the prisoner refused 10 answer This
has been held in Massachusetts, where tie prisoner
refused the ground that he would crimnate
himself For his part he said he could not see why the
law required the to be certified to the court If the
House refuses to do it, This course would make the
House hold the witness and punish him by imprlson-
ment. and then after tried he might he sent to
court for punishment there.
Mr. Hurd Of Ohio, Democratic member Of the Com
mittee and lawyer Of high standing, feels very
earnestly the importance Of the His father was the
author OF standard treatise the writ Of Labeas cor
pus,I and the may be supposed 10 have made the
question something Of study. lie said to-
day that Kilbourns release was an outrage,
outside Of all and precedent He said
II such principle to be continued the House OF
Representatives would become bywOrd Of cersiOn. IL
would not have power to protect itself, and might be
made the payhng OF every adventurer and rascal This
scon denudes the House Of all authority TO punish for
contempt and puts end to all Investigations. No mat
ter what the OCCASION the house henceforh be In
the hands Of the mob subject to personal assault any
other indiguy. He said the present status OF the
places the Judiciary Committee in embarrassing posi-
on 1t once reported the the House. but the Iouse
did not sustain it, but released Kboun Now the House
again refers the subject to the Committee and expects
be lifted out Of the dilemma.