The herald and mail. [volume] (Columbia, Tenn.) 1873-188?, 1876-04-28

on even numbered sections of land within
ttwenty mile limits of the Northern Pacific
railroad to make proof and payment for their
claim at minimum rate of one hundred and
| twenty-five dollars per acre. Passed. The
| bill for the restoration to market of the
Uintah Indian reservation, Utah, passed ;
| also the bill respecting limits of reseryati on
| for town sites on the public domain Mr..
| Sayler reported senate bill to confirm the
pre-emption and homestead entries of public
| lands within the limits of railroad gran ting
cases. where such entries have been made
under the regulations of the land depart
ment Passed. The morning hour having
| expired, Mr.. Scales moved to go into COM
| mittee of the whole on the bill to transfer
| the Indian bureau to the war department
| Agreed to. The house thereupon went into
committee of the whole, and Mr.. Cook con-
cluded his speech of yesterday in favor of
the transfer to the war department. Mr.
Seelye spoke against the bill. Mr.. Hooker
advocated it. At the evening session vari-
Gus amendments to the bill were offered and
rejected; and after progressing as far as page
81, the committee rose and the house ad
jOurned to Saturday.
In the house, on the l5th,- Nel White
offered a resolution instructing the judiciary
committee to inquire into that Mr.. Smith,
journal clerk of the house, offered to prose-
cute additional bounty claims for commits
sion. Mr.. Douglas reported bill to amend
the charter of the Freedman's bank. Made
special order for Saturday next. Mr.. Knott
reported back senate bill to provide for the
administration of oaths in impeachment
trials. Passed. Mr.. Hurd reported reso-
luton in the habeas corpus case of Hallet
KilbOurne, the recusant witness in the real
estate pool Investigation, directing the SER
N O q nj %
writ, setting out the causes of detention of
kEbOurne, and retain custody of his body
and not to produce it before the judge
court without further order of the house. He
intimated that the testimony of KilbOurne
might implicate high officials and that all
efforts in the direction of investigation would
be thwarted if he were taken out of the power
of the house. Mr.. Lynde offered, on behalf
of the minority, substitute for the resolu-
ton, directing the sergeant-atarms to make
a careful return to the writ of habeas corpus
that the prisoner is duly held by authority of
the house in proceedings against him for
contempt, and to take with him the body of
Kilbourne before the court when making
such return. Mr.. Kasson hoped that the
time was long distant when an American
citizen whose property or liberty was in
vOlved was to find his final court in the house
of representatives. Mr.. Kelly argued against |
the resolution offered by Mr.. Hurd. He be-
Hevedk that the commitment of KilbOurne |
was a grave mistake, which no court has |
made, and which the house would not have |
made if it had heard kIlbourne through his |
counsel. Mr.. Hoar said this was a question |
before the house. Was the extent of rights |
of this house limited by the discretion and |
by the judgment of a single judge of the |
supreme court of the District of Columbia? |
If so, then that court has a right to do the
same next week to the senate. Mr.. Garfield |
quoted from Mays parliamentary law, to the |
fhafh hob lou Ia
all persons whatever, and that it is therefore
for judges to have before them
persons committed by houses of parliament |
for contempt. Mr.. Hurd stated that he had
Just been informed by the sergeant-at-arms
that he had appeared before the Judge this
morning, and that hearing of the case had
been postponed until next Tuesday. He |
therefore gave notice that he would call the
previous question Monday at three o'clock.
In the house, ON the 18th, the debate
on the Kilbourne habeas corpus case was
interrupted by the house proceeding in a
body to the senate to attend the impeach-
ment trial of the late secretary of war. Re
turning therefrom, discussion was resumed.
Mr.. Tucker proposed an amendment to the
proposed oy the majority OF the
committee, directing the sergeant
lt-arms TO appear by counsel before court
md TO make a motion to quash or dismiss
he writ, or to take such other procedure as
ne should be advised, to raise the question
If legality and proprety of the issue of the
writ on the facts stated in petition and by
An acrimonious discussion
,nsued, and at its close the amendment was
abIed-S6 to li9. The substitute offered by
Ir. Lynde, directing the sergeant-at-arms to
make return to the writ and produce Kill
bourne, was adOpted-l65 to 10. Adjourned.