Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-06-08
THE CASE OF MR.. KILBoURN.
Points That Were Raised I'm 1.-THE
Indictment of Congregational Wit

A"ohctheht OF SOngresstOnnl Wit
nesses.
A precedent for the indictment of contu-
macious witnesses of congressional investi-
eating committees is furnished in the nota-
BILE case of Hallet Kilbourn
Mr. Kilbourn was taken into custody by
the sergeant-at-arms of the House. on an
order of that body, and domiciled in the
jail of the District. on the 14th of March,
1876
Three days afterward on the 18th, Mr..
kilbourn addressed a letter to the Speaks err
OF the House, stating the cause of his i'm
pIisonment,and demanding that the Speaker
should certify his case to the United States
attorney of the District of Columbia as
provided in section l02 and 1O4 of the Re-
vised Statutes of the United States Mr.
Speaker Kerr on the same date certified
the case to the district attorney, as de-
manded by Mr.. Kilbourn.
On the nth of March United States Dis
trict Attorney H. H. Wells addressed a
letter to the Speaker of the House. inform
ing him that Hallet Kilbourn had been duly
indicted for contempt of the House of
Representatives. and that warrant Of the
Supreme Court of the District had been is
sized to the United States marshal to take
Mr.. Kilbourn into custody.
On the day following the sergeant-at-
arms OF the House notified the Speaker that
the United States marshal for the District
manded the right to serve the warrant and
take Mr.. Kilbourn into his custody.
Refused 10 Deliver Him.
The Speaker laid the statement of the
sergeant-at-arms before the House, where
upon Mr.. Glover, chairman Of the investi-
eating committee, offered a resolution re-
citing the action of the House in placing
Mr.. kilbourn IN jail in the custody of the
ssrgeant-at-arms, which resolution conclud-
ed with a declaration that the sergeant-at-
arms is ordered to retain the custody of Mr.
Kilbourn, and not deliver him to any per-
son, officer, court of tribunal until the
further orders of the House."
Mr.. Glover's resolution provoked a lengthy
discussion, which was participated in by
Mr.. Glover of Missouri. Mr.. New of In
diana, Mr.. Kasson of Iowa, Mr.. Hoar of
Massachusetts. Mr.. Cox OF New York, Mr.
Hooker of Mississippi, Mr.. McCrony of
Iowa, Mr.. Garfield of Ohio and Mr.. Tucker
Of Virginia.
During the debate Mr.. Hurlbut of ILL.,
nois offered the following resolution as
substitute for Mr.. Glovers:
Resolved, That the sergeant-at-arms be
directed to deliver Hallet Kilbourn, now
in his custody, for contempt, to the marshal
of the District of Columbia, to be brought
before the proper legal tribunal for trial
according to the course of law for a misde-
meanor for which he is now under indict-
ment."
Mr.. Hurlbut's resolution was voted down
by an aye and nay vote of 100 to 33, and
Mr.. Glover's resolution adopted without
division.
Indictment was to get his case before the
judicial branch of the government. whose
tribunals he believed would protect his con-
stitutional and legal rights.
The action of the House in thus refusing
to recognize the official act OF the co-ordi-
nate judicial branch of the United States
government compelled Mr.. kilbourn to
remain in the custody Of the sergeant-at-
"a rms or raj lnnOnr md hora q
proceeded with his second object lesson for
the edifcation of the constitutional states
men Of the House.
A Writ of Habeas Corpus.
On the 10th Of April Mr.. Kilbourn. through
his counsel. made application to Chief JUS
tice Cartier Of the Supreme Court of the
District of Columbia, for a writ of habeas
corpus. which was granted by Justice Cart
ter, accompanied with the following ex-
pression: Il understand the office of this
writ to be to present TO the judicial author
tiles of the country the claims that a pri-
writ of right that follows the citizen in
protection of his liberty everywhere what
ever authority may be involved"
On the following day the United States
n arshal certified that he had served the
writ on the sergeant-at-arms of the House.
On the 18th the sergeant-at-arms stated to
the court that he had notified the Speaker
of the service of the writ. and the case was
18th. On April 18th the Speaker laid before
the House a letter from the sergeant-at-
arms asking for instructions to obeying
the writ OF habeas corpus, copy of which
he inclosed. I'm view of the gravity of the
matter involved In the communication" as
stated by Mr.. New. the letter was referred
to the judiciary committee for consideration
and prompt action.
On the 18th Mr.. Hurd of Ohio. by direc-
ton Of the judiciary committee, reported the
status of the case OF Mr.. Kilbourn in pre-
amble. with the following resolution: That
the sergeant-at-arms be directed to make a
careful return of said writ, setting out the
causes of the detention OF said Kilbourn
and to retain the custody of his body and
not produce it before the said Judge or
court without further order of this House"
The proceedings in the House on the re-
port of the judiciary committee occupied
two days In discussion, participated in by
Garneld, Hurd and Lawrence OF Ohio, Lord
of New York, Jones of Kentucky. Kasson
and MeCrary OF Iowa, Lynde of Wisconsin
Blaine and Frye of Maine. Kelley of Penn
syivania. Hoar OF Massachusetts,. Hooker of
Mississippi and Tucker of Virginia.
Mr.. Lynde of Wisconsin offered the follow
ing as substitute for the resolution re-
ported by the judiciary committee: RE
solved, mat the sergeant-at-arms be- and
ne Is hereby, directed to make careful re-
turn TO the writ of habeas corpus in the
case OF Hallet kilbourn, that the prisoner
Is duly held by authority OF the House of
Representatives to answer in procee5inve
against him for contempt. and the sergea,,1
alarms take with him the body of said Kill
bourn before said court when making such
return as required by law" This substitute
was adopted by vote of 165 yeas TO AZ
nays; and the next day. the 18th the
sergeant-at-arms appeared before Justice
cartier with Mr.. Kilbourn, who was at once
ordered into the custody of the United
States marshal.
Released From Custody.
The final hearing before Justice Cartier
commenced on the 18th of April ana closed
on the oath. Mr.. Kilbourn was represented
by number of eminent counsel. as was
also the government
On the 18th Justice Cartier delivered his
opinion, hberating Mr.. kilbourn from the
custody OF the House of Representa- ives
py lts observation-disclosures, and his case was
RENTED to the court having control of the
Indictment. ~
NO action was ever taken under the in
dictment and II was subsequently dismiss
on May /. two days after his discharge
uhder the writ of habeas corpus Mr. XII
bourn addressed letter TO the Sneaker 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 pri
vate and personal rights of the citizen: and
his position having been sustained by the
United States District Court, he was now
willing to appear before the House COM
mittee and answer fully all interrogatories
which he had previously refused. and sub
init his books and papers as evidence TO
show that the gOyernlnanf u-aS i, ,o,-s.o