Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-03-15
FORTY-FOUkTB CoAsR Ess
Closing Proceeding. YESTERDAY

The consideration OF the Senate bin %
regulate The counting OF the vote OF President
minor amendments were offered and ordered
10 be printed, and further coDsiiaration t,oSf
poned until Thursday al O'clock
On motion of Mr.. Frelinghuysen the Hill
nxlng the salary OF the President was again
taken up, and passed-yeas 26. nays 20
utn p,.sa.e Dill Ior the relief OF James A.
from Mr. Sargent criticising the bin reducing
the salary Of the President. whereupon Mr.
Chrfstisncy said n the Senators desired 10 go
over this ground again he would move \ re-
consideration of the vote on the bill, and he
entered notice OF such motion.
After further discussion Mr.. Christiancy
was called upon TO press his motion % re-
consider, but he declined doing SO. and at
80 O'Clock the Senate went into executive
session, and S.l5 adjourned.
MT. ktibourn Committed 20 Jail.
HOUSE.--After our report closed
Mr.. Glover moved the adoption OF an
order that the Speaker issue his warra II TO
The Sergeant at-ATms commanding him 10
take into custody Hallet kilbourn and bring
him 10 the bar OF the House 10 show cause
Why be should not be punished for contempt.
The order was made ana the warrant ISSUED.
MI. jerks offered a resolution calling on
the Secretary OF the Interior for inform alton
as TO the defPlcation OF VIM. L. Collius late
pension agent In Washington city. Adopted.
Mr.. Hunton, from the Judiciary Commit
tee, reported resolution calling on the Al
torney General for copies Of all letters tsle-
grams, and papers asking for the removal of
The House then, AT O'clock went into
Committee OF the Whole Mr. Cox OF y Y In
The chair) on the legislative appropriation
Dill, and was addressed by Mr.. Bennett, OF
Idaho.
Mr.. Kelley pa made personal explana.
ton, denying the charge OF collision with a
| government contractor made by a CORES
Ponoent OF the y. Y. World
The Sergeani-at- Arms appeared al the bar
HALLETT KILBoURN, THE REC1-sASr WIT.
4 MSS.
In custody. On being asked whether he was
plepsred 10 answer questions put TO him, he
asked leave TO be heard orally by his coun-
sci, Mr Black and Mr.. Dudley Field. During
| me consideration OF the question Mr. Glover
| animated that he understood from the wit
| ness that he would be satisfied by having
Iesd a written argument prepared by his
| Mr.. Page insisted upon the witness right
| 10 be heard orally by his counsel, aud that
| view was advocated by MesSrs. Hoar aud
CoEger, and opposed by Messrs. Holman and
Mr.. Page said he had made the motion of
| his own volition, because his ideas OF lust
ness and fairness taught him that no man
| should DE punished without being heard
! he had heard no request from the witness
| for the Withdrawal of the motion, and un-
less he did SO he would call the previous
| question.
Mr.. Glover.-Then call the previous ques-
| ton.
Mr.. Page called the previous question.
Mr. Glover moved TO lay the motion on the
On this latter motion the vote on a diyI-
| sion was ayes 10, noes 50.
| The yeas and nays were then ordered and
the vote stood-yeas liz, nays74.
MI. Banks then moved that the witness be
| allowed 10 present
| HIS ANSWER IN WRITING;
| which was agreed TO, aud Judge Black pre-
scented paper. which was read by the & ERIK
The document commenced with a consti.
tutonal argument 10 show that the House
could not punish for the offence, but that,
under the law, the case should be certified 10
the Criminal Court, which alone hal The
power 10 punish. The House had years ago
by its own act, deprived itself OF lis right 10
punish for contempt, aud had RENTED tue
case 10 the Criminal Court. The power %
| punish belongs TO the court, aud not to the
| House. In 1857 an act was passed declaring
| that, In addition TO the penalties already
prescribed, any one found guilty OF contempt
| could be indicted for misdemeanor. This
| was held, after discussion, 10 impose two
punishments for one offence, and in 1852 the
law was repealed. In 1874 the law was passed
as IL now stands, and gave Jurisdiction %
| the courts, but they could not impose add.
| tional punishment IL the House could do
this, the act would be as illegal as a lynch
| court or military court martial. The state
ment then went on &c speak of the facts as
heretofore detailed Il the committee room
and by the testimony as read In the House
| The real estate pool, II went on TO say, was "A
| purely private transaction, and did not I'M
| plicPte any public officer In any particular
Nothing had been alleged from which a con.
h Laiy opinion could De drawn: II any mem
Il
| or any private individual will make oath
that the books and papers will lead TO an
exposition OF any misgoveInment or fraud,
| be would give the papers TO all the com Z.
tees of the House. The whole transaction
| was private matter between himself aud
private parties. AS TO Jay Cooke & Co, and
| The allegation that II was INDEBTED to the
| United States on account of the real estate
| pool, that was not true; but even IL IL was,
the bankrupt court alone has power over
| the matter. There was nothi < TO Justify the
demand for the papers, He would do all he
could to aid the cause OF justice, but he would
not produce private papers unless some pub
lie wrong had been committed.
After the statement had been read, the
| Speaker, addressing Mr.. KiloourR, asked
whether he was prepared TO answer the quss-
tions of the committee.
Mr.. Kilbourn.-I decline for the reasons
given In my statement
The Speaker.-Are you prepared TO prot luce
The papers called for in the subpoena duceS
Mr.. Kilbourn said he was not.
Mr.: Glover Mo- then offered a resolution
| alleging that Mr.. Kilbourn had failed 10
show sufficient cause why he should NOT
answer or obey the subpoena, and that he
| should therefore be considered as In contempt
| Of the House. Adopted.
Mr.. Glover then offered a further resolution
| declaring that IN purRtng himself OF con-
tempt the said Hallet kilbourn be required
to state If he is ready TO appear before the
| committee and answer, and 10 obey the sub
poena ouces tecltnl; and IL he answers that he
is ready, then the said witness shall appear
and answer forthwith, or as soon as the COM
mittee can be convened, and that In the
meantime he remain in the custody of the
rseant at Arms; but il he shall answer
that he Is not ready to appear, that he be
committed TO the said custody for the con-
tinuation OF said contempt, and shall con-
tinue In said custody until he signifies that
he is ready to appear and answer and 10
| await the further order OF the House; and
that IN enforcing this order the Sergeant-at-
Arms shall keep the said Kilbourn in GUS
tody In the common jail OF the ID istrict of
Columbia. Adopted.