National Republican. (Washington City (D.C.)) 1872-1888, 1881-02-19
A CITIZENS RIGHTS.
The Honse Paying a Lawyer for Defend.
ing Hts Illegal Act.

Ihursday In the case OF Hallet kllDouri, Is from
| the Congressional Record of yesterday:
Mr.. Martin of Delaware make privileged
report from the Committee on Accounts, which l
send to the desk
The Clerk read as follows:
| "Resolred That the Clerk of the House be, and he
IS hereby authorized and directed to pay out ofne
contingent fund to Frank H. Hurd the sum OF SS,5OO,
in full payment of all costs expenses, and fees TO
date as counsel in the case of Hallet Kilbourn vs.
John G. Thompson, John N. Glover, Jephths u.
| New, Burwell b. Lewis, and A. Herr SMITH
Mr.. Martin, of DelawaIe--Let the report be read.
| The report was read as follows
"The Committee on Accounts, to whom was re-
ferred the bill of the House No. 7071, with report
No. 153 from the Judiciary Committee, all in refer
ence to the payment of Frank Fl. Hurd his fees,
with costs and expenses for services counsel for
the House of Representatives in the case OF Haett
kilbourn VS.. John,G. Thompson and others, having
had the same under consideration, respectiuilyre re-
port:
"That the services for which pay is sought were
authorized by resolution of the House; that tney
were faithfully rendered, and that the sum OF
$500 asked for in said bill and report reason
able allowance; that as this is claim for services
rendered to the House it Is properly payable out OF
Therefore, the committee report the accom-
panying resolution substitute for the bill, and
4 unanimously recommend its passage.
Mr.. Martin, of Delaware-I call the previous
question on the resolution.
Mr.. FortI would like to have this matter ex-
| planned little
| Mr.. Martin, of Delaware-The report of the COM
mittee explains the resolution quite fully as
| can do. It is known to the House that there was
| an investigating committee appointed by the
Forty fifth Congress in regard to what was termed
the estate pool in the District of Columbia One
| Hallet Kilbourn was summoned before that COM
mttee witness, and declined to answer where
upon the House directed thathe should be confined
for contempt of the House until he did answer.
remained nriSO II dO how
| long. thirty days or mOre-and believe was then
released upon writ of habeas corpus. He brought
action against the Sergeant Arms of this House
and the members of the committee charged with
that investigation. That action carried to the
Supreme Court the United States. The Sergeant
at Arms, by authority of resolution of the House,
employed Mr.. Frank Hurd now member of this
House, to defend the officers of this House and the
members ofthe committee who had exercised that
jurisdiction. This resolution is to compensate Mr..
Hurd for his services in conducting this before
| the Supreme Court of the United States.
Mr.. Reagan-I do not desire to say anything
| against this resolution, but 1 want to give my
opinion of the matter by calling the attention Of
the House to the fact that on the question of con-
tempt the House surrenderedits jurisdiction OF the
matter to petty court The result was that the
officers of the House and the members of its COM
mittee were brought into court to answer for q
LrespdSS, lilStedu OF the HOUSE compelling INC
offending witness guilty of contempt to answer to
the exclusive jurisdiction of this House. 1t was
the folly and fault of this House In failing to vim
dicate its jurisdiction which has brought the
Government, as well as the officers and members
| of this House. into contempt.
| Mr.. Conger-I did not hear the report read but
| it seems to me that proper resolution would be
one simply to pay the expenses incurred in this
case by the officers of the House in defending or
prosecuting, whatever it may have been, the
suit in the United States courts. By the decision
of the Supreme Court the House unquestionably
exceeded its power in the case of Mr.. Kilbourn.
That court has decided that the action of the House
was violation of the rights of the citizen. As the
record will show great many members of this
House thought so at the time, and voted
against the proceedings Still I admit
that the Sergeant at -Armsa and the other
persons who were sued for carrying out
what then believed to be a high handed trespasS
by this House upon the rights of an American
citizen-I admit it is right enough that the officers
of the House who carried out the will of the House
in that respect should be protected from expense.
But this bill resolution singles out items, such
as the fees of attorneys. In my judgment it ought
to be resolution that Congress should provide for
the proper expenses of the officers of this House in
defending thissuit. My simply this: theper
sons named here in the resolution, the Sergeantat
Arms of the House and the members ofthe commit
tee of the House were prosecuted as individuals not
as the Sergeant at Arms not as members of this
House or of any committee of this House; they
were prosecuted in their individual capacity. As
individuals they sustained liabilities to pay costs
and expenses for attorneys.
Mr.. Van Voorhis-Will this end this Hallet Kill
bourn business, or is the suit still progressing?
Mr.. Conger. The gentleman will wait until
have concluded. 1 say that these gentlemen were
prosecuted as individual citizens not as officers of
this House, not as members of this House, not as
members of a committee of this House not at all
for their relation in any manner to the official po
sitions they occupy. If they were put to expense
in carrying out the will of the House, and their
expenses should be paid, those expenses which
they incurred by of carrying out the will of
the House should be stated, should be examined,
should be allowed, and they should pay their coun-
sci, they should pay the costs they should pay
whatever expense may have been incurred. This
resolution far as appears on its face, proposes to
pay attorney for appearing in the defense of in
dividuals who happened to be in some way con-
nected with this House. 1t shifts from the House
the responsibility and liability which it ought to
assume in connection with that defense.
Mr.. Martin, of Delaware-Let me say to the gen.
tleman that the House assumed the responsibility
by passing resolution authorizing the employ
these officers in the courts; and it was under the
authority of that resolution of the House that this
employment was made.
Mr.. Conger-Then that is the authority which
warrants these individuals who were prosecuted
in coming before the House and asking Congress
to repay to them expenses which they incurred !;
but when such payment is made the account
should be closed up want this resolution and the
record to show that twas the House of Repre-
sentatives that committed the trespass. Iwantthe
record to show that this high-handed attack upon
the rights of citizen the Supreme Court of the
United States has declared it to be- was authorized
and commanded by this House. Let us spread
broadly upon the journal and record of Congress
the result of that attack upon private citizen of
the United States, warning to future Con-
crosses not to exceed their privileges and their
rights. That is my objection to this resolution.
Mr.. Robeson-Mr Speaker, I understood that
this matter is written the record exactly in ac-
cordanee with the facts-that these gentlemen,
members of committee and officers of this House,
sued for pursuing the directions of this House
that all these expenses have been incurred by
resolution of the House; that the bill for these ex-
pc nses has been presented to the Judiciary Com
mittee and by them passed with favorable recon-
menda ton and referred to the Committee ON Ac-
counts to be audited that is true, then the matter
has passed through the different stages ofinvestiga
ton which this House can give it; and this House
at every stage has assumed the responsibility.
1 believe the original action of the House was
wrong, but think we ought not to punish our
agents for doingwhat we directed them to do The
genteman.who is to be paid was private citizen in
thepractiee at time when he was
employed and he is entitled in my opinion to more
money than we give him for daring to maintain
the principle the advocacy of which we imposed
upon him.
The previous question was ordered, and under
the operation thereof the resolution was adopted.
Let Us Revise.
Let us revise our phrase books. Let us
iidror, nro MT I,,,n,or,