, 1879-04-06

we suppose the story has been spread 10 al
parts Of the State, because any man visiting
Springfield, if he have not the information
thrust upon him, can in all probability hear
the whole story rehearsed at any street-cor-
ner. in any saloon Or barber-shop, or in any
horse-car. We suppose the story is known
to every man man in Chicago whose curiosi-
ty hos I'D him to ask for it.
The House b5 its action indicates that it
has no desire to know which Of its members
is accused BY rumor. ALI that its action de-
mnnds is, Which Of its members told the
newspaper. correspondent that such rumor
prevailed? The object sought seems to be
TO punish the member who repeated the ru-
NOR, ard not to find out whether there was
any truth in the story Or not.
The gentlemen in the Legislature arc
strong in their assertion Of the prerogative
Of either House to compel a witness to an
swer any question, and to treat his refusal
to answer as contempt, to be punished by
imprisonment. There is no doubt us to the
power OF either House to punish for con-
tempt; but the action OF the House is not
uAA4 IL CQ0ElNalfGa ~ uoLlCG VI tAA6 L C2CC
or Judge of County or Circuit Court has
Jurisdiction in cases of contempt, but the
Judgment Of such tribunals is open to review
by any Court Of superior authority. So with
the Legislature. When it acts judiclally to
the extent of imprisoning CITIZEN it e1er-
clses judicial functions, and it's action in that
capacity is as open to review as is the action
Of aJustice of the Peace or County Court As
branch Of the Legislature, the House has
power to punish for contempt, but.its find
ings and sentences in that capacity arc SUBJ
ject to review by the Judicial Department, in
which the Constitution has reposed supreme
judicial authority. When either. House of
the Legislature exercises judicial functions
it acts as m inferior. Court, and
its proceedings in that capacity aro
subject to roview by the Courts of
Law. The Supreme Court, in hearing
appeals from inferior Courts on questions Of
contempt, will inquire whether there was an
actual contempt. If this case had been be-
fore 8 Circuit Court, and the witness, in tbs
course Of trial, had been asked, "Havo
you been told that one Of these parties has
committed an otfense, and, if SO, who told
ou?" and the Court should have ordered
the witness to be kept in Jail for contempt
until he answered, the Supreme Court would
probably decide that the question itself was
Illegal and improper, and should not have
been asked, and therefore the refusal to an-
swer was not q contempt. Il will not do
for the House to set up claim that it pos
sesses arbitrary powers. There is no tribunal
having the power to deprive man of his
liberty in defiance Of the law. No man can
be compelled to give evidence in Court
tending to criminate himself, aud it has been
held juuicially that this rule holds as good
in the cnse Of an examination by legis-
lative body as elsewhere. When the legis-
latiye body acts judicially it becomes Court
inferior to the Supreme Court, and is
bound by all the rules Of law by which
all other Courts are limited. and yet
some hundred and more men, pretending
to be Intelligent lawyers and lawmakers,
sent man to jail for refusing
TO answer question which would not be
tolerated by any crossroads Justice Of
tho Pence Court from Maine to Arizona.
Tho silly pretense that our correspondent |
was actuated by the purpose Of hbeIng the
because it elected JOHN 4. LOGAN
is beneath contempt. No greater evidence
Of the malice, ignorance, and disregard Of |
law, justice, and propriety on the part of the |
Legislature can be asked than is. furnished |
by it's action in this so-called case Of con-
tempt. It's pretense that it cannot investi- |
gate charge Of corruption because CORE
spondent refuses to tell who informed him
Of rumor is ridiculous, when all the per-
sons said to be implicated BY the rumor-
the payers and the payees-are alive, and
known to every member Of both branches
Of the Legislature While the whole Stats
Why not Investigate the substan-
Lial accusation? the House is devoting its |
energies to the persecution of man for not
repeating common hearsay. That will not blind
my person to the real trouble in the case.
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