Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1876-04-16
CONGRESSIONAL.
The Power Of the House to Im-
prison Kecusant Witnesses.
The Kilb0mrn Case forms the
Snbject.of an Important
Debate.
And is Postponed until next
Wednesday. .ssse
CONGRESSIONAL.
House,,

WAsulSGroS, April l4-Mr
White offered resolution instruct.
ing the judiciary committee TO in
quire into the charge that Smith,
Journal clerk of the house, offered to
prosecute additional bounty claims
for commission. Smith presented
an explanation which was read. 1t
stated that while homei in New Hamp-
shire, hearing that the Legislature
would probably pass the bounty law,
he resolved to resign his position, and
| follow that business, and hence issued
a circular.
MIR. Morrison moved an amendment
referring the explanation to the mill
tary committee.
Mr. Hoar said this was - question
concerning the integrity and purity Of
the Journal; a question Of the .privi-
leges and pcrogativcs Of the house,
and moved that the matter be referred
to the committee on.rulcs, and it was
so referred.
Mr.. Knott reported back the ses.
ate bill to provide for administering
oaths in impeachment trials. Refer
red.
Singleton, from the committee on
appropriations, reported back the sell
ale amendments to the consular and
diplomatic appropriation bill, anti
moved that they be concurred in
Gross and Garfield demonstrated
against that course. as being unusual.
Atthis stage Of the session the house
should have ali opportunity OF voting
On amendments in detail MIR. Sin
yleton did not lnsis, on his motion,
aud the amendments were ordered
printed and re.co,nmitted.
----.r---.--------.--z.-.-.-
KILBoURN, THE lMPFlsoNED WITNESS
Mr.. Hurd from the H.A 2i;sFy COM
nntlee, reported resoiulfuY in the
habeas corpus case Of Pallet kilbourn
the recFeant witness in the real estate
pool investigation, ordering the ser
gcant-at-alms TO make careful re-
turn, to write, setting out the cause
\ OF the detention OF kllbonrn: and ne.
tain him in custody, arid not produce
him before the Judge or court without
! further orders Of The house. III. ar
/ gued in favor Of the resolution. III,
intimated that the testimony Of Xii
bonrl4 might impIica.e high officials
and that all the efforts in The direction
i of an Investigation would be thwart-
ed if he were taken out of the power
of the house. Nc subordinate court
4 should be allowed to interfere witt
the jurisdiction of the,llouse, or of /;
), superior court. 's
1 Mr.. Garfield suggested that til,
court might punish the sergeant a
arms for contempt in not. obcying it!
orders, and asked what relief til,
house could give him.
MIR. Hurd said the remedy would
/, be for the sergeant.at-arms to appi
: to the supreme conrt of the Unite,
States, whiohshad an appellate an
advisory jurisAiction,
Mr.. Frye asked Mr.. Hurd whethc
the house had power to punish 70
contempt regardless Of the fact wheth
er the question which Mr.. kilbourl
refused to answer was lawful or un
lawful.
Mr.. Hurd replied tina! the subjec
twas entirely under the direction o
the -house--Mr.- -Erye en4uircd wheth
er there was any limit to the tim
Of punishment except during tn
life Of the mouse.
Mr.. Hurd replied that he though
the power to punish expired with tn
honse.
Mr.. Frye:''If that power inherc
: in the house of representatives, doe
, it not inhere also in the senatc?''
Mr.. Garfield: "Nhich,neyerdies,
Mr.. Hurd:-" Unquestionably i
a does"
Mr.. Frye:-ssThen this result woul
k follow, that the senate may punish
!, rccusant witness for contempt, regarl
/ less entirely Of whether the questo
7. which the witness refused to answe
i was lawful Or unlawful, and migl
:. hold that citizen in Jail during his lifi
u Mr.. Lynde, member Of the jud
;. ciary committee, offered in bel'a'f
J, the mirority,a q Substitute for tie res
q olutio1, ,directingthe sergeant.at. arm
!, to make careful rct,irn-to the wr
"a Of habeas corpus, that the prisoner
g duly held byauth9rity ofthe house
u representatives in proceedings again
: himIfori ricontenpt, and to take wit
him the body Of kilbournshefore Il
court when making such return. &
t. proceeded to argue in supper: Of II
m substitute. The question was whetl
er the house would deny to a citizs