The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-04-16

flisal to obey writs OF habeas corpus il
the Kilbourn case.
| A full Judiciary Committee decided
not to surrender Kilbourn.
| The resolution giving the Real Estate
Pool Committee power to Investigate
crooked actions OF all Government
officers and members OF tho present
House, covers Blaino's case. Director
Harrison, OF tho Union Pacific, will tel
that committee about 1t.
| Detectives A. =. Wood and Samuel
Felker arc working against Whitley In
the safe burglary case.
J. Russell Jones accounts are in ques.
| tion.
Congressional Proceedings.
House.
WASHINGTON, April 15.- Tho bill
authorizing tho President OF the Senate
to administer oaths in impeachment
passed.
The Diplomatic Appropriation nil
was reported with motion that the
House concur In the Senate amend
ments, but without action 1t was ordered
printed and recommitted. There Is a
dead lock on the bill and appropriation.
About KilbOurn.
Tho resolution reported by the Judici.
ary Committee Directs the Sergeant-at-
Arms to make u careful return to the
writ setting out the causes OF the deten-
tion Of Kilbourn, and to retain custody
Of his body and not to produce IL before
the judge or court without further ordor
Of the House.
In support of tho resolution Mr.. Hurd
intimated that tho testimony Of Kill
bourn might implicato high officials OF
the Government and require their i'm
peachment. but all efforts ia tho direc-
tion OF the investigation would be
thwarted II no were allowed to be taken
out or the control and power OF the
House by u court which was the creation
OF Congress. He cited various a,ithori-
ties, both in this country and England.
i'm support Of the position taken by the
Judiciary Committee.
The Question Debated.
Mr.. Garfield suggested that the court
might punish tho Sergeant-at-Ar Arms for
contempt OF its authority In not obey
ing its order, and asked what relief the
House could give her? Could not the
court imprison, In succession, every Ser
geant-at- -Arms2 and every Deputy Ser
without producing the body. Would
his colleague say how the House and
tho court would get out Of that involve
mentP
Mr.. Hurd thought that the remedy
would be very easy 1t would be for tho
Sergeant-at-Arms to apply to the Su-
prelne Court OF the United States. which
had IN appellate revisory jurisdiction,
and thus the question would be settled
peacefully and conclusively.
Mr.. Garfield Can the Supreme Court
OF the United States revise o matter of
contempt in tho court belowP
Mr Hur1 r pnn aud thnt la thn
proposition which j have been main
tanning all the time; that where court
possesses appellate and revisory juris-
diction, ana the facts can be brought
before IL by writ Of certiOrdri, 1t can
Judge OF the contempt.
Mr.. Frye, OF Maine, asked Mr.. Hurd
whether he claimed that the House had
power to punish for contempt regardless
of tho fact whether the question which
Kilbourn refused to answer was lawful
or unlawful.
Mr. Hurd replied that the subject
matter was entirely within the discre
tion OF the House, and that the adjudi-
cation OF the House was final and con-
elusive on every other authority.
Mr.. Frye-So that practically you as
sert that the House may punish for con
tempt and may disregard entirely the
legality or illegality Of the question
asked Is there any limit to the time Of
punishment except the life of the
House?
Mr.. Hurd-That is q matter in dispute
and which has not been settled.
QMr. Frye-In your opinion.i is there any
limit to the time Of punishment except
the life OF the House?
Mr.. Hurd-In my Judgment, the power
to punish expires with the House.
Mr.. Frye II that power inheres In the
House OF Representatives, does It not
also inhere in the Senate?
Mr.. Garfield-Which never dies.
Mr.. Hurd -Unquestionably it does.
Mr.. Frye Then this result would fol-
low that the Senate may punish a re-
cusant witness for contempt regardless
entirely Of whether the question which
the witness refused to answer WIS law
ful or unlawful, and might hold that
citizen In jail during his life.
Mr.. Hamilton, Of New Jersey Cannot
any court do the same?
Mr.. Frye--Nol No court In christen-
dom can do 1t, or any other power.
Mr.. Lynde. OF Wisconsin,, a member Of
the Judiciary Committee, offered In be
half of the minority. q substitute for the
resolution, directing the Sergeant-at-
Arms to make careful return to the
writ Of habeas corpus that the prisoner
Is duly held by the authority OF the
House Of Representatives in proceed
ings against him for contempt, and to
take with him tho body OF Kilbourn
before the Court when making such re-
turn. He proceeded to argue In support
OF the substitute, and the discussion
continued until five o'clock, when Mr..
Hurd gave notice that he would call for
tho previous question at three o'clock
Monday. The House then adjourned.
NEW WORK.