The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-04-17
F0RTY-F0URTH CONGRESS.
WHsHIHaToE, April Is.
HOUSE.

| HOUSE
Mr.. White offered resolution in.
structing the Judiciary Committee to
inquire into the charge that Smith, q
journal clerk OF the House, offered to
prosecute additional bounty claims for 9
commission. t-y
Smith handed an explanatory letter to
the speaker, which was read. 1t states
that he being at home in New Hampshire
he saw that the additional bounty bill was
before the House and made up his miad
If the bill passed to resign his official
position and follow his profession as at
torney, and in that view prepared and
issued circulars making the offer refer
red to.
! Mr.. Morrison offered an amendment
to MIR. Whites f. resolution, referring
Smiths communication to the Commit
tee on Military Affairs to ascertain
whether Smith had violated any law or
done any act inconsistent with his posi-
ton as an employee OF the House.
Mr.. Hoar remarked that the law on
the subject of Government employees
"a claim agents or attorneys, was not the
real question in this case. This gentle
man journalized the recorded action of
the House, and he was to have personal
interest in the form and shape of the
record which he made upon the interest
acquired by him at his solicitation.
While the bill was pending it was
question of the privileges and preroga-
tives of the House, and of the method
which it should take to secure the hon.
esty and integrity of its journal, on
which honesty and integrity all the rights
of the American people were dependant.
He thought that the matter should be
referred to the Committee on Rules.
Mr.. Morrison modified his resolution
accordingly, and the question was refer
red to the COMMITTEE on Rules
Mr.. Douglas. chairman Of the select
committee on Freedmsn's Bank, reported
bill to amend the charter of that insti-
tuition. Made the special order for Sat-
urday next. -
Mr. Knott, chairman of the Judiciary
Committee, reported back the Senate bill
for administering oaths in impeachment
trials. Passed. ...
Mr.. Singleton, from the Committee on
Appropriations, reported back tho Sen.
ate amendment to the consular and di-
plomatic appropriation bill, and moved
that they be concurred In.
Mr.. Garfield demonstrated against that
course as being unusual as at this stage of
the session the House should have an op-
portunity of voting on the amendments
in detail.
Mr.. Singleton did not insist on his mo-
ton and the amendments were ordered
printed and recommitted.
Mr.. Hurd, from the judiciary Com
mittee, reported resolution in the
habeas corpus case of Hallet Kilbourne,
the rescusant witness in the real estate
pool investigation, directing the Ser.
geant at Arms to make a careful return
to the writ, setting out the cause OF the
detention of Kilbourne, and retain in
custody his body, and not to
produce it before the Judge or
Court without further order
of the House. He proceeded to make an
argument in support Of the resolution.
He intimated that the testimony Of Xii
bourne might implicate high officials
and that all efforts in the direction OF
an investigation would be thwarted if
he were taken out of the power Of the
House No subordinate court should
be allowed to interfere with the jurisdic-
ton OF the House or of superior court
Mr.. Garfield suggested that the court
might punish the sergeant-at-arms for
codtempt IN not obeying its order, and
asked what relief the House could give
him.
Mr.. Hurd thought the remedy would
be very easy. 1t would be for the SER
eeant-at. arms to apply to the Supreme
Court of the United States, which had an
appellate and advisory jurisdiction. 3.
Mr.. Frye asked Mr.. Hurd whether the
House had power TO punish for contempt
regardless of the TACT whether the ques-
tion which KilboHrn refused 10 answer
was lawful or unlawful.
Mr.. Hurd replied that the subject mat
ter was entirely within the discretion OF
the House. "l g.. -
Mr.. Frye inquired if there was any
limit to the time Of punishment except
the life Of the House.
Mr.. Hurd replied that he thought the
power to punish expired with the House.
Mr.. Frye-If that power expires in
the House Of Representatives, does it not
expire also in the Senste. 2
Mr.. Garield-Whichn never dies.
Mr.. Hurd-Unquesti6nably il does.
Mr Frye-Then this result would fol-
low, that the Senate may punish recu-
SAINT witness for contempt, regardless
entirely OF whether the question Which
the witness refused 10 answer was Lawful
or unlawful, and might hold that citizen
in Jail during his life.
Mr.. Lynde, member OF the Judiciary
Committee, offered, on behalf Of the mi
nor,ty, substitute Tor the resolution, d.
rect,ng the Sergeantat-Arms TO make
careful return to the writ Of haJeas corpus,
that the prisoner is duly held by the au'
thori.y OF the Hsuse Of Representatives
in the proceedings against him tor con,
tempt and TO take With him the body Oh
Kilbourne before the Court when making
snch return. He proceeded to argue In
support O. the substitute.
Mr.. Lawrence, . member OF the Ju-
diiary Committee, advocated the resoiu-
tion Of the majority, and laid down and
elaborated the following four PROPOSE
tions:
l. That the House had power to insti-
tute Investigations, and to summon and
examine witnesses, through its commit
tees.
2. That as m incident Of that power
the House had authority TO judge Of con-
tempt on the part Of witnesses in refusing
70 testify and to punish them BY impris-
onment. @ -
8. That the Judgment Of the House Is
anal and conclusive a TO its jurisdiction,
and as to the right and e1pediency ofe1-
ercising il BY the sentence Of imprison-
ment. and it followed that no court could
INQUIRE into the jurisdiction of the House
70 inprison during the existence Of Con-
gress. 80,
BY any statute -.
Mr.. Kelley argued againt the resolu.