, 1879-04-06

| Ed!He LlIQe ASK Inc Court 10 ADMIT Mf NeV1Et II
bail to appear 10 answer the time to be fixed b
| the Court This Is IN application entirely regu
! lar, I think, and within the discretion OF ths
CONT, and. II the petitioner be admitted TO pail,
SHOULD faror the granting Of time. Indeed, or
| account OF the Importance Of the question, more
time gbt well be allowed, for this is not by any
| means dispute between the House Of Representa-.
tiyes and air. Nevlns upon ! question Of disorder
ana contempt in the presence OF the House, hu
] it is
DISPUTE OF VERY GRAVE CHARACTER
In respect to The rights OF the House to punish d
| witness anu compel him to testify: question a.
to the proper practice III cases of this kind and Of
so much Importance as to deserve very deliberate
settlement il view o. the public interests involved,
careful decision by your Honor, 80 that should
| greatly prefer myself, If there were nothing in
1h t. the n, matter TIL 45
other side. I think, however, lnasmnch as tue
case is not one which involves any personal mis-,
conduct on the part Of Mr.. Nesins. but IS real
dispute to his rights under the law and as there
arc ellfounded reasons for questioning the regu-
| larity OF these proceedinzs, do not think the
petitioner ought to be kept n jail 10 abide the
and therefore II the gentlemen masing application
Tor more time VII ina'cao when thsy suppose me
the sumo time ask the Court TO
ADMIT AIR. NEy1Ns 70 BAI1.
in the meantime.
Attorney-Ge Edsall, counsel to the man.
ayers, said: do not understand that the Commit
Lee representing LQe HCu8c QeGl[2 10 0G
towards Mr. Nesins BY insisting that he shall re-
main in Jail. On the other hand, they hare no
power to 60 beyond the law in cases OF this
the the Imprisonment which, from Is' tie face &C" Of
the papers, must be presumed to be legal
until the contrary has been established. This is
has Deen committed final process, or On process
issued by tribunal which, II it has jurisdiction at
all, has Jurisdiction OF the question Of TUG regular
ity and validity OF his commitment which is con-
elusive. IllH L0ufT uud1UUtGllV 1nHufrC GDu
whether tue House OF Representatives had
1ntlsdict,on 1 lS upon the question. and il It
not think We can start out in thc
outset with presumption against the papers euch
matter.-a presumption that the lIousc had no
Jurisdiction; and. while have not given the aucs-
tion full examination. my understanding is that in
not the practice to admit to bail pending the
hearing OF the question. We, ask indeed, for no
delay more than is absolutely necessary 10 get the
case in for hearing, and, sofar Us am concerned,
SEVEN O'CLOCK THIS EVENING
would suit we'll rs any time We ask for no
s0ecic time longer than to prepare the papers and
procure copies Of the legislative proceedings in
rish. Of Of one branch Of the Gosernment the lesis
lative branch, ID involved. We do not feel author
lied to consen to an admission to bail pendng the
side examined authorities aud can produce then,
more iully than we; I can only state
from general understanding our position.
IL as5 Il ~ asecnss oa
day. We have not yet even had time to procure 4
certified copy Of the Journals. which Of course
fure the could be heard, and that work would
require probably an hour or two, und. since it is
Saturday afternoon. perhaps the case had better
upon that. If it is desired to work upou the caee
bY nis!,r will consent to tase this evening.
Gov. pn1mer-If your Honor should be inclined
i, f4. 7irHf rfIe akN1
SIr ! 1ones-We would like to hear the Court upon
the question OF bail:
thosity Of rhc Court to bail, that question should
like 10 argue. -1have
no DuuBr OF TIE AUTHORITY
OF the Court to bail. AS the Attorney General
however expresses willingness TO go on to-n,eht
there iR oi application for bail until that
time. The Sheriff Is too polite and kind. and |
wouldn't trouble the Clerk to mike out the papers
1lr. Edsall-If you can produce authorities for
allowing bail in case Of this Kind. that settles the
question.
Of jurisdiction Legislatures, like every other
tribunal. have final Jurisdiction. aud final nulhort-
T. within the scope OF their Jurisdiction, ts
and OF the person, and exercise that jurisdiction
according to law. II everything were conceded
10 the gentlemen On the other side, Think it Will
b. found that there is no possibility OF deta,nng
Mr.. Nevina on the writ before the Court, hecuuse
the writ aoes not pursue @ny authority that have
ever sccn The writ Of itse III IS contradictory.
The writ is itself
- VOID ON ITS FACE" -@"''' -
in my Judgment. So court may have Jurisdiction
generally. and YET from neglect of requisite pre-
linary proceedings necessary to DO act, tue act
attempted may be void. The Supreme Court OF
DEGREES Of our Court Of Cnauccry, and judgments
Of the Clrcnit Courts that are courts OF superior
c.n,mon~!a jurisdiction, where they transcend
jurisdiction OF tribunal arc necessarily VOID. 1
think that this writ, whatever authority the
uouse Of Representatives may have to pun
the authority gwen TO the Speaker By The House,
go that, without arguing what the House may do
in proper manner, tho Speaker, by this writ, has
to do, taking the rectnls OF the writ themselves.
For example, this writ Is directed to the Door
keeper Of The honse, and M ,:o commands the Door;
commit it to the keeper OF the Jatl Of Sangamon
County for a contempt Of said House
eefn aae:toas paf f'1sa t lin sy e. e.
House touching certain charges Of corruption On
the part of the members, and the writ goes on to
Of sangamon County, to receive Frank L. Ncyins |
into his custody and keep nlu, in the Jail
of the county until the petitioner shall signify his
to him By The direction Of tie House Of Represent
ativcs. 1t ia obvious that Mr. Nevins has refused
to answer certain questions. nnd these gentlemen
senttO
ANSWER THE QUESTION PRoPoUNDED TO HIM, |
but s'til he shall consent to answer such qncs- |
tions as may be put to him By the House Of Rep |
mot the question he refused to
swcr, not tho question upon which the Charge Of |
contempt is bascd,-bur hc must pledge himself to |
do some other thing that be has never yet been re-
9ulred to do as the condition OF his discharge.
The gentlemen will sec that such writ, whatever
may be the power Of the House, properly exer- |
ciscd. can never be sustained 4 party is COM
mttcd here 20 the common Jail for refusing to do
IN act, and the proper condition Of bis dis
charge under the statute is.- that when he
signifies his, willingness to do, that thing
which he has been heretofore required, but has
fused to do then he 6hn!l be brought to the bar
of the House. But that is not what this man BY
this writ required to do. He is not to signify his
to do that which the House has
heretofore required Of him, but he is to pledge
himself that he will do what the House may here
after require him to do IA thing which he has not
ret refused, and for which he is not in con-
empt. mention that merely to show that
The warrant is void upon its face, II not In reality.
II st:ikes that the warrant is much in e1-
less OF the authority given by tho Honse that
ITS VALIDITY IS GRAVE QUESTION.
might go on and mention other points. INT pre-
er to reserve them to mdre deliberate con-
such, for instance, that the
sarrant commits to Jail indefinitely. It
lees not indicate how much the is |
o suffer for contempt. and so carries no
punishment These various objections which
yntr}H Enam tn etril,f 19vvar at first |