The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1876-03-21
From our Special Correspondent.
Our Washington Letter.


WY, WIN 10 hOW III tuc DlstTlCt pail LOT
refusing to answer questions and produce
his books and papers on the order Of the
committee Of the house before which he
was being examined. The case is this.
Some years ago, several parties whose
names are unknown, subscribed money
and formed a pool to speculate in real es.
tate. Ilallet Kilbournc was the trustee
who held the property belonging to the
pool. A great deal of talk has been
made about this pool and its transactions.
Many prominent men have been men.
toned as members Of the pool, and it was
said to have means Of obtaining inlorma-
ton as to projected improvements that
would increase the value Of property, by
which it was given great advantages over
property holders and other spectators
and thus was enabled to make great
deal of money. 1t was alleged that Jay
Cooke was member Of the pool and as
he was heavily indebted to the govern.
ment, this was the ground Tor an investi.
cation of the affairs of the pool, and Xii.
bourne was. summoned before the com.
mittee on the District, who directed him
to bring all his books and papers relative
to the pool transactions. Kilbourne an.
peared before the committee and was &C.
companed by the celebrated Jerc. Black
as his attorney. lie protested a read.
ness to answer all questions relative to
Cookies connection with the pool, but re
fused to produce his books or papers, or
to answer as to who were members OF
the pool claiming that these were private
affairs into which Congress had 10 right
to inquire, unless an affidavit was made
by some responsible person, alleging an
interest in favor of the government. The
committee insisted on their questions
Kilbourne refused TO answer and on Tues.
day was carried before the bar of the
House, where he reiterated his refusal and
was ordered to jail He is now 10 Jail.
A writ Of ha5eas corpnS will be asked
for aud proceedings commenced against
John q. Thompson, sergeant at arms of
the House, for false imprisonment. All
the questions Of law will thus be raised,
and Judge Black announces his intention
Of carrying the cases to the Supreme
Court Of the United States aud obtaining
an adjudication that shall forever doterm.
inc the powers of Congress on this sub.
ject.
1t is certainly dangerous power, if it
exists, that allows either house of Con.
gress to send citizen to the common iail
and keep him thcre for an indefinite pc.
riod because he refuses TO answer. 1t i.
true that the judge of court can confine
for contempt and at one time, under the
common law this power was thought to
be unlimited. Later decisions and more
enlightened views have changed this, and
even judicial officers are restrained in the
exercise Of this arbitrary power. There
is, too, vast difference in allowing its use
to the judiciary, who are supposed to be
removed from the regions Of partisan pol
itics and TO decide according to law and
precedent, without permitting personal
feelings to have the slightest influence
and in according the same power to ell
Their Of tho legislative bodies, which arc
necessarily political and are oltener gov.
erned in their decisions by consideration.
Of party policy than by the strict letter
of the law. For these reasons the deci.
sion Of the Supreme Court will be look ed
for with great interest. Another aud
much more important question might be
raised by that decision. The court might
decide that neither branch OF Congress
could exercise this power, and Congress:
might reply that it was a co ordinate
branch Of the Government, equal in rank
and power to the judicial branch, and il
would settle questions relative to its own
protection in a way to suit itself Thi:
would cause a conflict between these two
bodies, and for this our constitution pro.
vidss no remedy, So important questions
might arise out Of the arrest Of humble
citizen.
Nothing of interest in the way of IN.
vestigation, or law making has rranspired
lately. The talk about Belkpap is dying
out, the flight Of Marsh to Canada leaves
the House without evidence on which tc
impesch, or the grand jury to indict
though bodies are In search of other evil
dence, and an effort is being made to Sc.
cure the return Of Marsh, by offering him
indemnity against prosecution under the
bribery laws.
The news from abroad is somewhat in
teresting. Napoleon once said "Scratch
a Russian and you will find Tartar
| believe the phrase could be paraphrased
and applied to French Republicans, thus
"scratch Republican and you will fine
q communist" Gambetta in his speech
at Lyons and by some of his acts in the
French assembly seems to be "hanker
ing" after the days of the bonnet roug.
and sans eulottism The Egyptian army
has schived great victory in hyysinnia
the officers in command OF it being Amer
leans. The indications are that in very
short time the Servians will be engaged
in helping the Ilerzegovinians in theiI
war against Turkey, and if they do. thu
"sick man" Of Europe will die.
SAXON.
A recent charge that Secretary Bris
tow, some years ago, participated In coll
lecting fraudulent mule claim aud took
half the proceeds is pronounced by thu
secretary wholly false. lie did argu
the case referred to before the court Of
claims in the regular practice of his pro
fession at a time when he held no publ,
office, and the court adjudged it a jus
claim, Judge Drake dissenting it on le'
gal grounds alone, and not because fraud
was anywhere charged, and the CLAIM
was paid by the treasury upon an orde
} of the court. The secretary did no
take half, or anywhere near onehalf o.