The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-05-01

Speaker. Before doing this It was the bounden !
duty OF the Speaker TO consult the House. Had |
been referred to the Judiciary Committee. 4 !
report thereon could have been made to the |
House, which would then have been In the pos |
session Of the facts. and thereby enabled to act
In the premises intelligentlv. Instead Of doing |
this, the Speaker, following his own course, cer-
tilted kilbourn's case over to tho District Attor-
ney. aud on the facts officially presented in
an Indictment was FOUND This S being done. Il
was the opinion ~ nearly all the best lawyers on
tho Democratic side that the act OF tho Speaker
was the act OF the House and that tho certi1ca-
tlon Of the record to the Judicial authorities Of
tho District was const uctively the surrender "
kilbourn TO the jurisdiction Of the same. THIS
hcing SO. 1t was The bounden duty Of the House
to respect the process of the courts
the body Of kilbourn thereto. This is really the
Argument which induced tho mai ority to sur
render kibourn. Had judge Carter based his
surrendered to the jurisdiction of the courts Of
the District by the action Of tie Speaker OF the
House OF REPRESENTATIVES. the House itself con-
senting thereto by its silence, there are few, II
any, lawyers In that body who would have ques-
toned the soundncss OF his decision but, In
stead Of doing that he places his opinion on the
untenahe ground that Congress has denuded
itse,f of the power To restrain within it3 juris-
dctiou recusant witnesses.
10 REMEDY ron 4 GRAVE MISTAKE.
1t Is exceedingly doubtful whether the House
can now reneuy the gr.ve mistake Of the
speaker kilbOufn Is unquestunablv within
| the rlsdicton of the court. no matter how he
came there. lie Is held to bail To answer the n
| action of the Speaker OF the House OF Represen-
! tatves suppose Re should be lied a:ain be;
| fore the Committee on tine Real Estate Pool and
required to answer the same question which he
| before refused to answer. and by the regular
| process was brought to tho bar OF the House
aud. still declining. he was adjudgcd In con
ttmpi and committed to tail, would not the
| agein WITHIN the jurisdiction Of the courisf IL
| 50 how could the House consistently refuse to
surrender him again. Hut is IL not question
| whether or not, n this course was pursued by
| the committee aforesaid, that they would
thereby place themselVes in con empt
| OF the court. or rather that the Sergeant
alarms would be so placed by their
lotion, as It Is question able whether or not
there Is any method by which an appeal can he
taken IN this case to tue supreme Court OF the
United Stntes; his couse might be resorted
to In order to lay the ground for such proceed
ing for, In the event tnat the Serge nt-at-Afms
was now to attempt to hold kiloourn. II is Ger.
tain that he would be arrested for contempt of
ihe court which enlarged kilbourn, aud then
the Sergeant-at-Arms might he released on a
mrit oi nayeas corpus sueI ou. rom , tne ~ ~,
whole case might ultimately be brought before
that bigh tribunal Tor its authoritative inter
probation OF the law. As the whole matter has
now been referred 10 the judiciary Committee
of the House, II viii DOUBTLESS receive careful
the view Of the case herelnbefote taken Will he
the one held oy AL the best lawyers Of the
House.
JUDGE BLACKS VIEWS.
That the view have taken In regard TO the nc-
tlon OF the Speaker Is tue correct one, is sus..
tanned by letter which Judge Black, one of
kiibourn's counsel, wrote to him before the
speaker concluded 10 certify the case over TO
the District Attorney. A. will be seen by this
letter, Juuge Black then regarded his clients
case asa hopeless one. and II wa, not until the
} MIN some tensble ground on which to base a
writ Of haheas corpus tn q he consented TO act
further In the matter; but when the House oi
Representatives, through Its Speaker, surren-
dered the question OF jurisdiction. ana placed
, khuourn within the Jur sdicton OF the court b,
certifying tne ca.e to the District Attorney. and
the Grand jury had found an indictment. then
judge Black Knew that ne had the House on
. avail himself of tue opportunity Of gaining q
, victory over II, and apparently vndeating hi;
: | view Of the law. The following Is the letteI
= above referred to:
wAsmSoTos, March IS, 1879.
h"nei Il hs eniy 70 ceriiy as qar Sy the act ' il,
dld promise bat sad he would uli the House
III Tie he sdvanisss- aaa isks more IT ,hry ean'
ss,' S rave ,s Rss upon ,yur y
: Liion ne u insHsi2n ~li@.h @ tne n n.use %Aht' !,
assureare again ana aEaln mas ters J.. no secret ahoa
yoq refused TO tsii # mere aIaes'95%i r Your -a
II epe that man. pri,a!- per- ana oG'.1e, are ga
cred Your ,on1uft was med.9 e. proper t std m,s ~ =,
men among your fehow ci.i2yn-. But The tlous ha
iSSisss,y ssnt;,1 10 Jau c,sains l. So@ tasi,
y 10. G II mas 0tcsne gleson no, Gt aw ust 9i ,t9
Is mi.ltot ur ndversarie, aln bound TO say .ha.
It prncpls ion can ,urrelder 70 The mere tore o 70
IS beng the case insI that yOu ought to sNe up u
Your revelations OF all lnt the committee desires t
81 know Wi! produce Two gool errci' lt vii re I.
II you from imprisonment and contradict the innumers
If ole sOr whcl have crculaed about IL agans
you aud otncri. IL would IN suty prove what cauuo
la proved any other way-thst TIE p riles to IA
lie Il Estate POJ were simply engaged IN aver NJ
impor purchase OF some properly wAirh was u I n
e liable they thought H. II Will show also mat ~
Il auesa ions OF lraud agans the srttle, NJ u toOAe
iubriCatluns You thls TO Nr. l. Wi
F. Mr. Bu.htt, ami hr. Dayidge. aud think You owe
"A equal sll your associates, " rellrNe them frol
a tie Ase accusations which viii continue To Dc MADE
20 long you are silent.
Al moro tnan INQUIRE into the Jurtdicun Of the House
70 II that were c.ded rgntiy II YOU'D be no vndlc
a ton u the principle START upon, but only trump
a. upon the techDiCal question OF power. IL would ut
!. from further lmprlsO tneut, Tor he HOuA
" would insist upon It's own cOnstruCou OF the btatu
J. and you Besdes. good reason ~
s. saYin. tnat habcas corpus Ii torOrn nope. N
r Dayldgr who counsellor VI that court. says IA
h. does Judges viii make this cOunit
"a Of lrsdctiOn. TINS advice give you cOnscentiou
~ an ruiz, prop rcgird for your Interests an
- your honor II OF course based on nrn beef tbs
~ you have old me the whor truth ana especially upu
repeated tnat hee nothing cOnnectt
with pou with tle settlement Of tie Locke shar
10 wnlcn Uu any OF yours need be ashinc
4 Of NeTy respectfully, j. ). BLACk.