, 1879-04-07

punish by eontesnpt. Ile then rcad from Field
u. The People, In 0 Ecnmmnn+ - Illustrating
Tho construction Of tho Constitution as being n
limitation Of power literature, ihrn. tho Leg
person not member who shall bc guilty OF
ltsort1crly or contemptuous conduct In it, pros-
encc for period
NOT EXCEEDING TwEgTr-roun nouns.
Any attempt to exceed TINT power must he void.
III then read at length from tho statute goy-
rant oi conrit,acmt. Thfs warrant. he said,
the Court would ohseryc was ateoinso1y limit
rcr IN which HE Legislature shall proceed In
matters of contempt appeared to give sonIn
authority tor warrant like this. but teis
Consultation oii this point. attt ho illustrated
thss principle VI construction hy Supreme Court
dec!slone. l!cncc, writ drawn rs this was, anil
which III effect commits tlr witness til1 ad-
1t ts In violalIon Of tile Constitution. lie then
rcul the resolution OF tho ltuuso lu tho Door
keeper, lFcetng him
TO HOLD TIN WITNESS
until lie SHOULD signify his Willingness To tho
| DoorkccpeF or Sheriff tu nnswcr certain 1,,ua-
| tlons ami inquired II any Court [arl thr llnusc
catns this ~ be n judicial pr,cccung] co,,ll
make an order committing IL niau toihG custody
uI ah0tllcf unI!I He taoll1 uG fohe act Which 1t
belonged 70 tic Court a'onc III do. 1lc In
ot this warrant, ans, TINT tlr liausc
had turned tic matter overt to Tho Dnorkccper.
| Tic Wus to take the duties Of ttr IIousc, and
hold the w!.uess in confinement Until lnu would
atsswcr tn. Dunrkcepetfs questions. Counsel
then read scra. to IL Ut NE law Regarding
Legislative contempt, nnd sai,l that tte oplUsl.
tim claimed that the tenth sctt!on Dertntttcd Of
nnllntted i,nprltnnfnent. This lie 'lcn!cd. lie
beloved t!mt the House had no power to
| pfulunR MI Hntsouncnt Tor 'tlure tun twenty
ion, hours unless ;Ia ts w''nsss ps,s.,s1 II Its
M',yer tu tleletatc Its duties 10 either thu Door
keeper Or Sheriff. It was enough tlmt TIL.
| House could commit ihu cftizer, hut 1t was
asking ton n,ur!l tlaat the ilousc colM ttnnstit
lts own power to nn outsider. Prrs!stcncy OF
| contempt Is thu untv callsu for which Il co,i-
tlnnancc OF imprisonment may he made: The
continuance can only he determined BY the
warrant directs thnt llc be imprisoned
| UNTIL lie CONSENTS 70 onEr,
but this mus. be coupled with the lfmitntton of
awcnty-fotr hours. Nieihtr the Doorkceuer nor
thu Sheriff ilnd any signs OF repcntancc. and
him in custody until the adjournment OF the
llu,lsc, aad counsel stated ltat tho Legislature
has made arrangements to s:1r all summer.
Alr; Palmer eiatcf that ts,e commitment was IN
jul to remain there until tlc was willing to an-
swer oil questions TINT might be propouMded to
him. Till, IS mr. al'surdtty, bccausc, the House
tlnn NcvI1k- Ind already refused to answer,
ln other E!FJt, Hcrtns must part with every
right us a9hiksn before l,u can r6t cut Of jatf.
That IS tiiehlcdge tlle llousc wishes to exact In
Its Judgment, which Is
4 SHAMEFUL VIOLATION OF THE Law.
and Constitution,
Mr.. ,1onet, vi the Managers, sn!l tho first
point made BY counsel was a constitutional one,
and II we'll taken settled the cast:. Tito SECOND
A6,. ill., f...1&. AI,-.
House, and this Was outside Tic jnrisdlc-
specifying tlls duration oi inprlson,nent
do not go toget!.er they nrc sepa;a,c
term uf Imprisonment continues Just 10 long rs
the person IN contanlpt persists in It. The law
aoes not rtunfso the House to visit tic Jal1 10
ascertain II W: Seyua BE- willing to answer the
questions. II lc be ready to do SO lle can notify
the Hnise Just Us ho would tl.e Court. II the
Legislature has Jurisdiction over tue subject
mattcr, mud tue body ot the witness, IT, action
cannot be reviewed. by any court. Right or
wrong, the judgment must stannl. Tho
warrant vas IN strict ncco. danco With tho tulg-
mcnt Of the House. To coErohorate this asser-
t!on, Mr. Jones cited tho case of Charles IL.
Heed. Iii whIc, the supreme Court decided nd
vcrsety 10 that gentleman In enRe somewhat
similar to that Of Noyins. llu n!so Referred to
tilt Pnne case, In which pa!nu tlecliued to an-
swer ut ~ tnscstisat!on ot an ALLEGED printing
corpls WIS denied by Judge Zane. Thu Legs-
latnre bud thu same power IN contempt cases Us
tilc court, a'Itl it uea1 uot bu conferred by tic
Constitution.
MASON, or cooE,
nftcr disclatmng any ncrsonai fccines on tic
part ol The House, was Vi the opinlon TINT
Nevns committed hnsvlf to jail. ilu pleads
hls professional honor ani for lliat the Snen3cr
scsportetl utm, u.ld wcro he In Ncvlns' pluru lln
wonla 10 the sa:nu thing. an!' would stay llI
jatl live ycars II necessary. Nptii,y but Ncvtns'
professional hnnor staln!s hetwcc'l ills Freedom
ind ntl Investigation Ut q serious charge pre-
ferrcd agulust member Of tile House. Arc tic
peoples Representatives tn ru1na.n Under cloud
merely to protcct Mr. Ncvtps' professional huuorl
Tie inctnbcrs Of the Legislature aro NJ Ills lncr-
nuw casleenllEg The guilty Representative NAV
! be opened. lie hoped tic rdntu,narluus wit.
ness might stand c0mnllttetl Until he shall
choose to dtvulEo tho knowledge sought for.
COLLINS, or COOK,
advanced nothing new except to fntt.om tho In
tcntions OF the fratncss ot the Constitution
| What ho thought about tilem WIS mot very
clear. uo referred to Blackstone. unl then saId
that Ncrins WIS his own infler.
, ATTonNET-0ENEltAl EpsALL
. contrastcd tho contempt sections Of the Coust!
r tutons Of l64s 9nd 1o7'l In the former 1t wnt
provided tllnt tho prisoner must he brought be
!oso thc Bar Of the llouAc every twenty-fo.ll
hours. lilo Inconvenience Of ise provision wal
Constitution. Under tho old Constitution ,!ll
Observation-Disclosures TO sit on sunday to con.
c ply with tho lnw III dealing with contsnp
i eases. Sr. Elsall tlrn vent m to slun
!, | thAt unuer tho present Constitution th
= power of nlu Legislature has bocn enlarged. IL
THESE contempt clses illu relator was COMMITTEES
3 till he elected to comply with the deu.aut!s o
Z tl.e House ind III strict compliance With t1l,
a Constitution. Mr. Edsull then proceeded to ct
!, over the ground covered by lie otler metnber!
Ut tho tnqutstion, anil concluded with the hop.
tint tho Court would coussaur tic inat!cv as
b RS ddjuditafd.
|. hit, PALMER
:, said That in concluding his argument he wolllt
|. tNIuc htuisolf to thu pU!nt Whntter q Lcgfsla
. ture has u right tU punish fur
persistent contempt. lie road au
Q thorities holtllnE that a columtmen
must 6s for q definite period OF time. Tho wit