National Republican. (Washington City (D.C.)) 1872-1888, 1882-04-29
KILBOURN- THOMPSON
COMMENTS ON Personal LIBERTY.
What the Press Has to Say About the Arbitrary
Action Of the House in Incarcerating n
Private CitiEsn-The Verdict for
Damages Discussed.

Congressional investigations and congressional
| impriSonmenis are alike good deal Of sham.
| Ohio STATE Journal
The general belief Is that tho Jury fixed the
amount so high because they wanted to ylndicate
the right of private firms to refuse the publication
| ofthe details of their business-Ciereldnd Herald
Mr.. J. @. Thompson, Of Ohio, will never want TO
be scrgeant-at-A Arms of the House of Representa-
| tives again. The decision Is important as going
! to deny the right of legislative committees to
search the books and papers OF private cttizcnS.-
| Troy budget.
The office Of sergenat. at Arms Of tho House OF
Representatives will not be so much in demand rs
II has been. If that official is to DO made personally
iiasle IN damages for obeying the orders OF the
| House In imprisoning cOntumaeious Witnesses
| Syracuse Courier.
The Kilbourn case was really decided ON tho
| ground that the whole proceeding was what law.
yers call n fishing investigations that the court
the objects intrused to Congress by the Consttu-
| tion.-NeO York Erenin1 Post.
| The verdict In the case of Hallet Kilbourn
against the House Of Representatives lin the per-
son Of its former Sergeant. at Arms is one with the
| rendering of which we fully concur. Mr.. Kill
boutn was right in his resstancc-right as q citi.
| zen, we mean-whatever was the motive behind
| his refusal TO exhibit his books.-Sunddy Gdsehe.
We undertake to maintain that the verdict Is a
| proper one, and the damages awarded in no sense
excessive. We are in favor of protecting citizens
| from both the malice and madness of crazy and
notoriety seeking congressman and the only re-
greet is that such men MS Glover cannot be held TO
proper accountability rather than their official In
strumcnts, the officers of the House.-Ddily Post.
Contumaoious witnesses hereafter will take
great delight in defying the House and Senate, If
the verdict ON the Kilbourn case Is allowed to
stand Washington dispatch, Perhaps Congress
"conumacious witnesses" The Imprisonment Of
KilOourn was gross outrage on personal rights
and liberty for which somebody ought to suffer-
| Indianapolis Times
| For years John @. Thompson struggled around
until he got into Office, securing that Of Sergeant
at Arms of the Forty fourth and Forty-ifth Houses
of Representatives. Thompson was ordered to
eonfine Hallet Klbourn for contempt OF the
House, and lnllet in cons 'qucnce ofJohn obcdi-
ence has got verdict Of sl0O,0OO against him. This
| would naturally be discouragng to man whose
object in life has been to get into Office Cleveland
| Penny Press.
| The English Parliament possesses power to
| punish contumacy because ofthe tradition of its
ancient authority as court, but no such tradition
| pertains to Congress. Our National Legislature Is
not court, and II is a fundamental theory of our
Government that legislative, executive, and ju-
dical functions shall be separate and co-ordinate.
Investigating is to be done judicially, i must
be done by some real or quasi judicial authority.
| Onto Stale Journal.
What are known as Compensatory damages"
| have been awarded to Hallet Kilbourn, in his suit
against j. G. Thompson, late Sergeant. farms of
| the House of Representatives. As Thompson was
lile hBellL OF OF inc House, ne was the only
| person who could DO sued and rs he was merely
| acting under orders from the House, the Govern
ment ofthe United States will eventually be obliged
to pay the little bill contracted by the Sergeant
Arms.-NeW York Tines
| Halet Kilbourn the obstinate witness, who was
| committed TO Jail by order of a Democratic House
| of Representatives for refusing to answer the
| questions Of an investigating committee, has sued
| imprisoned him, and recovered 100000 damages.
An appeal has been taken from the verdict.
little doubt that Congress will amend the law to
prevent similar accidents in the future.-Norris-
| tolpn Herald.
Apropos Hnllett Kilbourn's whoppiug verdict,
Democrats in Washington discover that the courts
| arc corrupt and that the thing mightnt have
| happened if Attorney General Brewster had been
| attending TO his business But the awful truth
remains that John g. Thompson was made Ser
| the same Democratic auspices Kilbourn was
locked up, as tho court says. without warrant of
law That verdict Is n sort of 500 900 Democratic
| prize beauty. Philddeiphia Press.
The case rested upon the decision of the Su :
preme Court that Congress has no right to i'm
prison witness for refusal to answer question
| Thompson underthis ruling had no defense Upon
| him devoved the duty of executing the decree OF
| the House, and in suing him Kilbourn virtually
made the House q defendant to the action. To
| this day Boss Shepherd is hero In Washing
ton. He beautified the city, paved and lighted
| the streets, and made tho city magnificent, not
only for its distances but for all its accessories
| Chicago tribune.
In 1875, during Its hunt for campaign material
| the Democrats of the House of Representatives
sent Hallet Kilbourn, of Washington, to prison be
cause he refused to submit his private books and
correspondence for the inspection of an investi-
| eating committee Mr.. Klbourn sued the House
of Representatives, through its officers, for dam
100000, holding that that body caunot compel a
private citizen having no relations with the Gov
ernment 70 reveal his confidential business rela-
| tions.--Chicdgo Inter- Ocean.
Mr.. Kilbourn deserves credit for establishing the
right of citizens TO be protected from arbitrary ar
| rest at the will of either house of Congress- No
one will deny the right of committees to require
answers TO proper questions but that they can re-
the details of purely private business transactions
is not to be borne. The abuse of the investigating
power was becoming. intolerablo when Mr.. Xii:
caused some annoyance 10 individuals but II has
never been ofany benefit to the public-1Sanday
The now much. talked-of and telegraphed about
Kilbourn suit in Washington arose out of the i'm
prisonment by order of the House of Representa-.
tves of Mr.. Hallet Kilbourn, a respectable and
energetic Western man, now u resident of the
Capital for contumacy 10 refusing to disclose to a
business affairs. Congress has no power to pry
into the private affairs Of any citizen or into his
business ransactions with other private citizens,
ing, Is his impregnable castle. except when in
yaded by due course of judicial procedure.
| n.y. Transcript
Another instance of the reckless manner in
which the Democratic party legislates is found In
the verdict rendered yesterday in favor of Hallet
Kilbourn vs.. John g. Thompson, late Sergeant at
Arms Of the House of Representatives. Mr. Kill
bOurn was arrested by order of a Democratic House
| tor refusing to testify and produce his books for
| inspection before committee and Imprisoned for
| q considerable period. He brought suit against
Mr.. Thompson, as Sergeant at Arms, for false i'm
prlsonment and jury in Washington has allowed
him 100000 damages For this blunder of the
| Bourbons the Treasury will be depleted, no doubt
| for this large amount as Ii will DO exceedingly
difficult to secure reversal Of the verdict-Denver
| Republican.
The only crime charged against Kilbourn was
that he was friend of B" Boss Shepherd" and this
was the head and front of his offending before the
partisan committee raised to convict II possible
II was fortunate that Kilbourn proved sufficiently
courageous to take stand against the effort to dis
possess him of his vested rights as citizen, Thers
Is not business man throughout the length and
breadth Of the land who does not owe him deb
ofgratitue for the fight he has made, and demon
| tsrnted by a decision of the Supreme Court of the
United States and by jury Of his countrymen
that Congress has no right to coerce man dolnl
business for others to expose to tho gaze of curl
Gus world the condolences of principal and agent
Denver (C0l) Evening World.
The Supreme Court decided that the House haC
no right to compel him to reveal any part of hi
business. Kilbourn has prosecuted the case
steadily ever since with able counsel As Thomp.
son was its agent, Congress will have to pay the
damages 1t was an unwarranted stretch of au,
thurity for the House Of Representatives to as.
tuition, that II could deprive citizen of his liberty
| and without trial thrust him into dungeon. o.
course, Kilboun was not treated like common
prisoner, but tho principle was the same, and de.
| serves to be condemned as forcbly as any Of the
arbitrary acts of the Tudors In sending their vio-
Tins TO the towers.-SCrdnton (Pu.) Republican.
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