The Washington critic., 1886-04-28
TEN YEARS AGO TODAY.
The Last of an Ancient ana Cele-
brated Case.


ney Worthington in the Criminal
Court this morning, II wish to dispose
of an ancient case against lIallet Xii.
bourn. lie was indicted over ten years
ago for refusing to answer certain
questions put to him by committee of
the House of Representatives and that
body committed him to jail, where he
remained some time, still refusing, and
was finally released on habeas corpus.
The case was carried to the Supreme
Court Of the United States, and that
court unanimously decided Mr.. XII
bourn had the right to refuse, and
since then the case has gone through
the civil courts and the United States
has had to pay Mr.. Kilbourn some $50, 900
for refusing to answer those questions.
This case had died n natural death and It
Is proper that 1t should be decently
buried.n
The order was then directed to be en-
tered by Justice Macarthur
The action of the District Attorney in
nolle prosecuting this case revives recollec-
tions Of ten years ago when all the circum-
stances were fresh In the public mind and
created decided sensation. Mr. Kilbourn
had been summoned to bring his private
bOOho btlolc ~ SOnHltSslODu1
which was investigating what was styled
the ''real estate pool" for public inspec.
tion. He claimed that the Constitution
protected him in the enjoyment of his
private papers, and denied the right Of the
committee to examine them. Persisting in
his refusal and resolved to test the ques-
ton, he was adjudged In contempt and
tives to purge himself. There he remained
firm in the position he had taken, and by
vote OF the House, on March II, 1876, he
was arrested and confined In the District
jail In the custody Of Sergeant-at-arms John
G. Thompson.
Finally his friends thought they had dis
covered way to open the prison door,
They went before the grand jury and, on
March ~, 1876, an indictment was found
against him charging him with refusing to
testify before committee OF the House,
and on the same day a bench warrant was
ordered to issue for his arrest.
He being recognized as in the custody OF
'sergeant-at-Arms Thompson, the warrant
| was served on that official for the produc-
| tion Of the body OF Mr.. Kilbourn. The
Sergeant-at-Arms laid the matter before the
| House, and that body refused to yield up
its prisoner, and by this action virtually de.
| fed the power of the court. This course
having failed, another was adopted, and In
the end proved more successful. On April
| -, loO, MI NHpouIn, tuTouRn counsel,
| filed with Chief Justice Cartier q petition
for writ Of habeas corpus, setting forth
that he was confined in jail, illegally re-
strained of his liberty, and stating the al
legged grounds upon which he had been
committed to prison. .
| Chief Justice Cartier at once ordered the
writ to issue directed to John G. Thompson,
Sergeant-at-Arms OF the House of Repfesen-
tatives, and ordering him to produce the
body OF Mr. Kilbourn in court the next day.
The Sergeant-at-Arms reported the matter
to Speaker Kerr, who laid 1t before the
House. and that body for nearly week
held daily discussions as to whether 1t
should permit Its Sergeant-at-Arms to obey
the writ. 1t finally decided to let its of.
| April 49, 1876, brought Mr.. Kilbourn from
jail and delivered him into the custody Of
the court.
Several days were consumed by eminent
counsel on both sides In discussing, before
the Chief Justice, the question of the power
Of the House to arbitrarily order the
arrest and imprisonment of citizen not
even accused Of violating any law. Chief
Justice Cartier, on the 2Sth Of April, 1876,
ten years ago to-day, decided that Mr.. Kill
bourn was Illegally restrained OF his liberty
and ordered his discharge from the custody
Of the Sergeant-at.Arms of the House.
On May 1, two days after his discharge
under the writ of habeas corpus, Mr.. Kilbourn
addressed letter to the Speaker of the
House, stating that he had no other motive
in his refusal to comply with the demand of
the House OF Representatives heretofore,
than the vindication of the private and per-
sonal rights Of the citizen, and his position
having been sustained.by the United States
District Court, he was now willing to ap-
pear before the House or committee, aud
answer fully allinterrogatories which he had
| prayipue1y " raft,s p1 n M s1h hmit hia hpnlc ND
papers as evidence to show that the Govern
ment was in no wise interested in his bust
ness affairs. The letter was laid ON the
table, and no further action was taken by
the House.
On the 9th of June following Mr.. Kill
bourn entered suit against Speaker Kerr,
Sergeantat-Arms Thompson and the in
vestigating committee of the House for
false imprisonment. On March 81, 1877,
the Supreme Court of the District de-
cided against Mr.. Kiibourn's suit for dam
ages, from which decision he appealed to
the Supreme Court of the United States,
and that body on the Goth of March, 1881,
unanimously sustained Mr. Kilbourn's
right of action against Sergeant-at-Arms
Thompson for false Imprisonment. On
April 81, 1882, the jury rendered a verdict
Of 800, GOO damages against Thompson for
his false arrest and imprisonment of Mr..
Kilbourn. This Judgment was set aside by
Justice Macarthur.
On November g. 1888, the jury in the sec
ond trial rendered verdict of 100000
damages against Mr. Thompson, which
Judgment was set aside by Justice Cox
The third trial took place In March, 1884
and the jury returned verdict of S37, 800
which Justice Hagner reduced to 100000,
which sum, with interest, was paid by ac,
of Congress in March, 1885.
] The action of District Attorney Worth
ington to-day in nolle prosecuting the in
dictment upon which the bench warrant
had been issued over ten years ago to gel
Mr.. Kilbourn out of the custody of the
House terminates finally this somewhat
celebrated case, and 1t was fl. and proper
that 1t should occur on the tenth ainiver
sary of the day Mr.. Kilbourn regained hi
liberty and his vindication of the rights o.
the citizen against the arbitrary, illega
action of the Congress of the United States