, 1892-05-06
A CITIZENS RIGHTS.

There was a notable assemble in the
city Of Washington few evenings since
when Hallett Kilbourn, Esq, Of that city,
entertained a company of friends at din
ner in celebration of the sixteenth anniver-
sary Of his discharge by the court, on a writ
of habeas corpus from the illegal custody
as "a prisoner Of statet Of the house Of rep
resentatiYes on the 28th of April, 1876.
Kilbourn, who is one of Washington s
eminent citizens, was one of noted firm
Of real estate dealers at tie national capi-
tai, and committee Of the house Of repre-
sentatiyes alleged that his firm had in
vested money for whole lot Of govern
ment officials in ''real estate pool"
Kilbourn was summoned to appear and
bring the books of the firm for the inspec-
tion Of the committee and to testify III re-
lation to the matter. He promptly ap-
peared, but declined to produce bis books,
and asserted under oath that his firm was
connected in no way with the government.
He maintained that the committee had no
right to Investigate and publish the private
business affairs of the firm to the world.
Kilbourn was reported to the democratic
house for contempt. He declined to an
swer and was ordered to the common Jail
of the District Of Columbia until he should
purge himself of contempt by agreeing to
comply with the demands Of the inyesti-
eating committee.
Sergeant-at-Arms Thompson, who died
in Seattle some years ago, conveyed Mr..
Kilbourn to jail, where he lived in clover
for five weeks as a prisoner of state, receiy-
ing callers every day and lavishly lunch.
ing his visitors onchampagne and terrapin.
He was discharged from custody on a writ
of habeas corpus issued BY Chief Justice
Cartier, Of the District of Columbia. He
brought suit against Sergeant-at-arms
Thompson for false Imprisonment. A ma
jority Of the district court in 1877, decided
against Mr.. Kilbourn's right of action.
from which decision he appealed to the
supreme court of the United States. The
supreme court, in January, 1881, by a
unanimous opinion, decided that the
action of the house of representatives in
ordering the arrest and imprisonment Of
Mr.. Kilbourn was without law and void.
and sustained his action against Sergeant
alarms Thompson. and remanded the case
back to the district court for trial BY Jury
to assess the amount of damages. After
three jury trials, in which the damages he
was awarded were set aside by the Judges as
excessive, the amount was reduced to s20,-
600, and this latter sum, with interest, was
appropriated by congress on March A, 1885.
Nine years from the date Of his arrest Mr..
Kilbourn received treasury warrant for
$4,000, being $500 per day for the thirty
five days he was lncarcerated in the district
jail as prisoner Of state" Mr.. Kilbourn
yindicated the rights of an American citi-
zen by the exhibition of little nerve. He
showed that congress had no right to in
quire into citizens private affairs, and
the supreme court Of the United States
laid down the law unanimously that there
exists no power in this land to incarcerate
q citizen, except the Judicial power. 1t is
to be hoped that Mr.. Kilbourn may live
long and enjoy many pleasant anniversa-
ries of the event.