National Republican. (Washington City (D.C.)) 1872-1888, 1882-04-29


49, II was obtained by surprise on the defendant"
10 the non professional mind the idea of surprise
~ ~ a Gase which has dragged through the courts
LOT, SIX years. and which involves very sacred
rights Of every citizen, Is more than absurd We
still believe that the defendant should accept such
damages as the counsel and court may ngreo upon,
50 as TO let the go clearly upon record as a
protection to citizens hereafter, but at tho same
time we can see no reason why jury, court, aud
counsel should notngree upon the amount named
100000. II Is n large amount but an innocent
mans liberty Is worth large amount, too.-Pe-
tcrsbtir0 Inder- Appcdi.
The impression was very general during the
progress Of the District real estate pool inyest-
CATION six years ago that the House Of Representa-
tves was assuming some very arbitrary and UNI
authorized powers IN relation to tho examination
of witnesses IIollet Kilbourn was ordered TO
produce the books of his firm. Kibourn refused
TO produce the books, and was imprisoned for
about six weeks by order of the House. He now
gots verdict Of 100000 damages against the
former Sergeant at-Arms, John O. Thompson,
and though 1t is by no means certain that tho ro
shows very clearly to what dangers legislative Of.
ncials expose themselves when they usurp the
functions o. officers OF the law and assume TO pun
ish alleged Offenders without the judgment ofthe
proper Philadelphia Times
Kilbourn says: 81 was fully impressed with the
fact that IL the jury had done justice to all the cir
cumsances and conditions connected with the
case the amount sued for would not BIO extrava-
CANT, because there is not enough money in the
gone; did not make this fight for money, but
simply as citizen fighting tor my right, and in
aeterminod 10 ld aaSs y everyp9ay ele was
bunal OF the country made IL flnality. Tue pub
Tic, to q great extent has been accustomed to the
regard TO their rights. l have not consulted the
public clamor in regard to IL at all merely made
q fight for what believed TO be right, and have
been maintained in that position In every respect
II had not got cert IL would not have made any
difference to me.in tho principle l fought for
Indianapolis Times.
81 of Ill. k,,, ".
jury against the Sergeant Arms of the House of
Representatives In favor of Hallet Kilbourn will
doubtless be surprise TO many people, who have
been accustomed to consider the power of the
House as above all restrictions oflaw Hullet XII.
bourn was incarcerated by the order of n previous
House for refusing TO submit his private books to
the inspection of an investigating committee. He
testified that the books contained no information
on the subject which the committee was inyestl-
eating but refused TO submit his private affairs to
the general and unrestrained inquiBition of con-
gressional committee: Upon this refusal the arbi-
greSsmen was exercised and Kllbourn was kept in
prison TIL tho adjournment Of Congress- It's to
be hoped that this verdict will teach the Nations
representatives that they, no more than any one
else, have the right to arbitrarily arrest and inn
prison American cttiZens-Fitsbur1 Commercial.
While some persons may take exceptions to the
amount awarded by the jury yesterday to Mr.. Xii.
bourn as damages for having been imprisoned by
order of the House of Representatives several years
ago for refusing TO reveal to one of its committees
his private business Affairs, there is likely to be
very general satisfaction at the nct that halt has
been called Mt last, and etfectually, TO such arbi
trary and senseless usurpations of power as pro-
voked the suit. The great drawback to the verdict
Is the fact that the amount of damages cannot BIZ
assessed against aud collected from the individual
members of the House who voted to send Mr.. Kill
bourn to jail. That process would enforce the
much needed lesson in u way that would not soon
be forgotten by them or their SUCCESSORS As 1t is
unfortunately, the people will eventually have to
foot the bill-for nobody supposes that members
off rali.. ,f tie nOn
TO suffer pecuniary loss so long as they have the
power OF voting money out of Uncle Sans Treas
ury.-EUe1ltng Star.
The Democratic majority in the Kilbourn and
other cases set about to vindlcate its legislative
omuipotence, and when witness was contuma-
oious put him in confinement. That legislative
body possesses powers In this direction is I'M
doubted; but they have their limits, and in the
interests of personal freedom there Is reason be
glad that these limits have been partially defined
in the Kilbourn 1t is evident that the powers
Of Congress oyer the liberty of otizens should not
be untrammoled for the body in these matters Is
in effect its own executive. The members are not
individually responsible, nor is the action guided
by any statute. A political caucus IS held and a
bare majority of the members participating con-
troll the whole number, so that the entire body
may under our system, do that which very nearly
precedent and rule will be established which will
be valuable In governing not only Congress, but
other bodies in the future. The subject Is one
which receives more or less consideration each
winter at Washington, Albany, Trenton, and else
where, and II is worth watching closely.-Neaodrk
(N ~ Advertiser.
To some extent the question raised in the case
concerned every citizen. Kilbourn was charged
with no violation of law He was Imprisoned be-.
cause he refused to do something that one House
of Congress commanded him to do. His imprison-
ment was an outrage, and we are heartily glad
that the highest court In the country was COM
PEELED TO decide in the progress of the case that
the power to commit such outrage does net rest in
the Legislative Department of the Government.
Now that the momentary anger which sent the
man to jail has passed away, we suppose all, or
nearly all, the Congressman concerned in the
affair will be glad that their course has been dis
approved IfMr. Kiiboun viii now waive his
claim to the extraordinary damages voted him by
the jury, thus saving further litigation, and pre-
we shall have before the country for all time, in
form never to be misunderstood and always to be
respected, a rule defining the powers Of the Ma
tlonal Legislature In It's dealings with individuals.
Mr.. Kilbourn will do well, and confer q benefit
upon his fellow citizens, by accepting such
aamount OF cash as the attorneys and a repentant
Congress may agree to give him. Petersburg IRdeI
Appeal.
When one looks back over the dismal history of
congressional investigation for the past ten years
the acquescence of the public in the assumptions
and usurpations of committees becomes amazing.
There have been no less than half dozen actual
punishments ofwltnesses for contempt In refls-
ing to answer questions and In not one of the cases
had the committee any more right to imprison the
witness than II had to hang him. Congressional
investigation by committee was never designed as
anything but mode of ascertaining facts on
which to base legislation. But lately the commit
toes OF Congress have gone into all sorts Of In
quest upon all classes OF transactions, invading
every domain of business and trampling upon
every privilege of the citizen with no authority
beyond a whereas and u resolved. This fraud and
nuisance was bound to be exploded sooner or
later, and II has happened that tho Kilbourn case
hs ns'u%eha The wall Of the sapon
demagogues will also bewail the disappearance of
the abuse of power, which alone gave them OPP
portunity 70 pose as Reformers." But honest
people win hail The action Of the courts IN the
ton, uttered none too soon.-Ddity Critic
As to the verdict the Post also has q word or two
to say. If Mr.. Kilbourn were a Hottentot as well
as Republican, or Chnaman, instead Of being
the manager Of daily journal in fair repute, we
should heartily approve the verdict as just. We,
who publish newspapers here at the Federal Capt.
tai, and place some value the privilege of ex-
pressing an independent opinion, when we acquire
sufficient intelligence to form one, are somewhat
solciious TO protect urselves from the hot anger
| and hitherto irresponsible power of yagarous
legislative cranks before Glover, and wifi be when
he is dead. Every once in while they break into
Congress, ana every once In while they find a
| majority behind them, We want 10 make II costly
| for them to seize citizen without warrant and
thrust him into dsgr1ceing Jail. II the verdict
given shall have the effect Of deterrlng sensible
members of Congress from blindly following the
lead OF crazy partisan. u is the cheapest as we'll
as the best service the jury could have rendered
their country or the cause of personal liberty.
| Mr.. Kilbourn Ia himself Is nothing, but Mr. XII
bourn as the representative of the sovereignty
| of the citizen Is the friend as well
as the champion Of millions He has made 4 long,
brave fight, undeterred by the lack Of zeal OF
many Of his original counsel, the dlstrust of his
| friends in the wisdom Of such contest, and the
90 az Sns hS TGS
table right For years he has been Obliged 10 sus