National Republican. (Washington City (D.C.)) 1872-1888, 1880-01-12
HALIETT KILBOURN'S SUIT.
A Test of the Power of the House
and Its Committees.
The Case to be Heard In the supreme
Court To-dny-Rights of the Citizen In
volved--A Heavy Claim for DAM
ages for False Imprisonment
An Interesting Letter
Reproduced, sc.



the House of Representatives Is set for hear
ing to-day in the supreme Court of the United
States
Mr.. Kilbourn brought suit against the parties
for false imprisonment, claiming Sl50,000
damages. In the Supreme court Of the Dis
trict of Columbia, Justices Cartier and Wyio
sustained Mr.. Kilbourn's position, but Messrs.
Ol:u, Macarthur aud lIumphres wore adverse.
From the judgment of the District court the
case was appealed TO the United States Supreme
Court, whose. decision upon the law questions
will be final
1t win he remembered that in the winter of
1876, at the instance of John NJ Glover, of
Missouri, the House of Representatives passed
u resolution for the appointment Of commit
tee to inquire into the nature and history Of
the "real-estate pool" This was a private
business operation, organized by four or five
persons, each contributing q sum of money for
investmc mt IN Washington real estate, and
Messrs. Kilbourn aud Latta were the agents
for the "pool' in making the purchase and
sales and general management Of the business.
former committee of investigation Joint
Committee on the Affairs of the DISTRICT had
nterrOgated Mr.. KlbOurn In relation TO the
real estate transactions of himself and Gus
toners, without receiving any replies satisiac-
tory TO their mcddlesome inquisitiveness. This
result was especially provoking to the outside
horde of bummers aud shysters who had
started the investigation, prophesying start
ling disclosures.
The same 'old gang" inveigled poor loony
Glover to try his hand on "thc real.estato
pool, - and in order to assume jurisdiction con-
nected "tlo pool' with an interest Jay Cooke
& Co. originally had in the Investment claim
ing that the estate of Jay Cooke & Co. was in
dcbtcd to the United States Government.
This was very thin pretense, as the estate Of
Jay Cooke & Co. was not indebted to the Gov
ernmeut, aud the firm had long previously
disposed of their interest in the real-estate
pool
The committee appointed consisted of J. M.
Glover, of Missouri, chairman; Jcptha ID. New,
Indiana; B. b. LOWS, Alabama; \. Herr
Smith, Pennsylvania, and II. q. Pratt, Iowa.
Hallet Kibourn was served with a subpoena
dtces tocluh, requiring him to come before tho
committee aud bring with him all the books,
papers, checks maps, plqts and stubs, and all
other papers and documents under his control
relating in any way to the transactions Of
himself or firm TO u large quantity OF WASH
ingtOn real estate, descriptive list of which
was appended.
Mr.. Kibourn appeared before the commit
tee and declined to testify in regard to tho
private business transactions of the firm, or to
produce any books or papers. lie made oath
that their real estate business was of an en-
tiroy private nature, and had no relation in
the remOtcst degree to any public interest
whatsoever. The Government was in no con-
ceivable manner connected with their busi-
no,s-their only relation with the Govern
ment was to pay taxes and obey the law. He
offered, if any member of the committee, or re-
sponsible citizen, would make AN affidavit that
the Government had any interest in the real
estate pool, even in the remotest degree, or
that any law had been violated by them in
their business transactions then to show tho
committee every book and paper connected
with the history of their firm.
XVn gut IN lIpSgrs (tlOVpp
Il Co., and Mr.. klbOurns conduct was re.
ported to the House, which body Immediately
passed u resolution ordering the SergeHnt-at-
Arms to arrest and bring the body Of said Kill
bourn before the bar Of the House.
When brought before the bar of the House
Mr. Kilboun said that if the committee or
House would assert the truth of any fact
which connects the real-estate pool with any
public interest which il was the duty OF Con-
gress to protect thoy should at once have all
the In nformation he could give them about its
nature or history But until some authentic
assertion of that character was made he de-
cliued to reveal the private business transao-
tions, which only interested himself and Gus
toners.
This was not satisfactory to the temper of
the House, and resolution offered by Mr..
Glover was adopted ordering tho Scrgeant-at-
Arms to confne Mr.. Kilbourn in the common
iail of the District Of Columbia. He was
therefore, incarcerated in Castle Crocker."
Speaker Kerr, as required by the provisions
of the statute, certified the case TO tue Dis
trict.AttOrney, who laid the matter before the
Grand Jury, aud Mr.. Kibourn was indicted
for refusing to answer the questions of the
committee. Therefore u warrant WAS issued
for his body, but the House refused to recog-
nizc the writ, and Mr. Kilbourn remained in
Jail in the custody of the Sergeant.atArms
While hero he Jared sumptuously at the ex-
peusc of the House for some time, ii requiring
two carriages day to transport the delicacies
of the season from the best restaurants in the
city to his " dungeon cell"
His extIavagant appetite was after while
denied the enjoyment OF the public crib, and
he was limited TO one dollar per day so far MS
Government rations were provided Mr., Kill
bourn finally sued out II writ of habeas cor
pus, aud after three days discussion, of tho
matter by the House of Representatives tho
Sergeant.at.A was ordered TO produce his
body in court in obeyanco of the writ. After
weak legal discussion, kilbOum was dis
charged from custody by decision of the court
After Mr.. Kilbourn had been released from tho
custody Of the Sergeant'Rt-Arms and House of
Representatives by the mandate OF the law
he addressed the following letter to his former
jNiors, the Honorable House OF Representa-
tives:
lion. " C. Kerr Speaker 3t He House q Rap re-
seBiatrts;
SIR. have the honor to respectfully infom
you, and through you the Honorable House Of
Representatives that am now willing to appear
before the House or committee, and answer iully
all nterrogatories IN regard to the so.callcd real
estate pool in which klbOurn and Latta or my.
Sc ale or have been IN amy way connected, with
tho Wow, that after fun investigation the fact
will appear as | made oath TO- that the Government
was hi no way interested therein. l beg TO assure
you that ! have no other motive I'm refusing 10
comply with Inc demand OF The House OF Repre-,
sCnlHtyes heretofore, than the vludication OF tho
private ana personal rights OF the Sluaeh'