, 1879-04-07
THE NEYIN8 CONTEMPT CASE.

Court, having denied tho application for tho
relcaes of Mr.. NEy1Ns,-TnE TntnuNE's cor
respondent who ID new In Jail for worry
o1cusablo contempt Of tho present Illinois
Legislature, is nothing for that gen.
tlonnu to 10 for tho present but enjoy tho
sweet consolation Of having tlono his duty, |
md modossly accept tho admiration ontl
sympathy Of tho'commrnity. 1t ia not prob
nb1o TINT tho majority Of the Illinois Logia1a- |
turo, which las poraistent]y turned doaf
car 10 MI popular protests ngainst its dilato- |
riness md incnpaeily, will yield up tho petty
malice which prompted Mr.. Nzvn's' commit
mont. It ia moro probable that ox.dov.
PALMER, AIr. NEv1ss' counsel, will find n
mcaps for quickly conteating tho question
before n higher tribunal, and ovontnnlIy
bafilo tho Logislnturo in its spfte-work. Tho
strength of tho points mado by Gov PA1strH
in llia harriedly -propared argument, tho
aantfcst influence thoso points mndo upon
Judge ZANE, mud tho lnttor'a hositating
and unwilling donial Of tho petition
| for roleaso, rondor 1t liko1y TINT tho
higher Courts Of this Stnto will still intorfcro
TO put curb upon tho reckless nso by tho
Legislature Of tho powor Of commitment
|
aud punisllmont f9r constructive contempt.
It is desirable in this cnso, rs In those casos
where the Legislatures havo pursued Tho Same
course Oh means Tor oohrolaine eho rfoauc-
tion Of private tolegraphle messages that tue
latitude OF tho Legislatures authority 10 de-
pr!ya citizens Of their individual liberty
should bo definod by tho Courts.
The principal legal points developed 80 taf
ngasnst tho Indefinite dosontion OF Mf' NEy-
1as aro: ~ That tho oVitionco WHICH Ito
Legislature sought to compel from lin "as
Of honrsny character, which wou'd not DO
ntlmitto1 in court Of Justice; ~ TINT tile
commitment for contempt Is based upon
refusal to answor "certain questions. nnd
containH nm order that NEv1Ns be detained
until he shall Indicate Willingness to MI.
aver "such questions as mny bo put to
him u; and (3} tint tho constitutional progfa~
ion as 10 tho power Of the Legislature to
punish for contempt limits imprisonment to
twonty-four hours md that tha statute pro-
viding for indoanito imprisonment is doiect-
i've.
Under lilo strict construction OF the Con-
attsutlan, 1t would be tho duty Of tho House
to summon Mr. NEy1Ns at the oxpiration Of
every twonty-four hours and ngnin esk him
tho questions which 1t is desired he slall
answer; tho 1eg'sintnro might thon commit
him aeaiu If ho should again refuse, and 20
on. Tho. Justice Of such congtr1'}otion IN
npparoiis from tlio fact that It I'll is only by
proceeding IN this wny TINT tho Legislature
cou satisfy Itself thoroughly that the prisoner
continues to be in contempt; otherwise q
Sheriff or Jailcr in league with Legislative
cabal might suppress prisonor's willingness
to purco hiusoIf Of contempt, aud turn the
County Jail into worry BaAti1o for the pur
: jyhmcnt Of men who may hayo incurred
Tho il1xp,easure Of such cabal. It is nls,
o 49,. H. .,,o ro,,;s1ot,,ro oot;no in
!. s'on ,'as saa.t a,ro;,, It, ;,.r;si,,,
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ton ooyona ,l!ni o. 1at:c hes au
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