Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-05-09
Chicago Packer Wins In
Habeas Corpus Proceed
ings After Being Arrested
for Contempt Of Senate.
HELM COMMITTEE
MAY TAKE APPEAL
Attorney Healy Intimates
Case May Be Reviewed;
Court Questions Legality
of the Proceedings.

of the Proceedings.
| Chicago, May 6.-Judge A. ]. Petit
in the circuit court today declared
that the Illinois state senate could not
force inspection of the private &C
couLts OF Edward Tilden His deci-
sion to this effect was given unfolding
the writ of habeas corpus obtained
by Tilden, G. w. Benedict and w. G.
Cummings after they had been ar.
rested on charges Of contempt Of the
state senate, in refusing to present
The decision took nearly an hour
to read and included quantity of the
verbatim testimony taken before the
Helm committee at Springfield. 1t
was seen from the first few minutes
reading that the judge was inclined
to uphold the contention of the de-
PENDANTS attorney, Nathaniel G. Sears.
that the senate had no right to force
entry to the private accounts Of a
person named as indirectly as Sears
averred Tilden was, especially when
that person under oath declared none
of his accounts would throw any light
on the subject at issue
Tilden was named by Clarence Funk
of the International Harvester COM
pany as a person to whom he was
directed to send a check for $4,000 to
make UP fund of 100000 alleged to
have been used in electing United
States Senator William Lorimer.
HeaIy May Take Case Higher.
Attorney John ]. Healy, represent
ing the Helm committee, was given
ten days in which to file exceptions.
He indicated that the case probably
would be reviewed by the appellate
court. Judge Petit based his decision
in large part on the premise that the
whole proceedings before the Helm
committee were invalid.
1T will be clearly seen," said the
court, that the main question 1nvolv-
ed here is whether the senate commit
tee had the power to order Mr.. Tilden
to produce his books. A witness ap-
pearing before a committee had the !
right to know what particular proceed i
ing was going on; the record here fails
10 show that There also must be evil
1ence to show that the witness had
evidence in his possession that was
material to the inquiry being conduct
I'd. In addition, the subpoena Queen
ecum in this. particular instance failed
% describe any particular documents J
Or papers that were wanted
The court took cognizance of the re-
,orts circulated to the effect that he
lad issued the habeas corpus writs
before Tilden was arrested and he.
,ontended that "even if the warrants
lad not been served till few minutes
lfter the writ had been issued it
would not have been material in this
;ase.
Legality Of Proceedings Removed.
Regarding the legality of the Helm
committees sittings, the decision said:
ut appears that, if by any question
lnder the circumstances Of the case 1t
could be commended that the subpoena
jailed for the personal appearance OF
rilden before the senate, motion to
luash the writ would have to be
lenial of the illegality of the whole
inquiry.
1T must be expressly understood,
however, that If the resolution author
zed, directed and empowered the COM
nittee to investigate and report to the
senate concerning the alleged acts OF
bribery and official misconduct Of the
present members of the senate during
his or any previous general session
If the senate, this court does not hold
hat such committee, SO authorized,
would not have the power to compel
~ subpoena, any person to appear
Ind give testimony and produce papers
md documents under the limitations
placed upon such production under the
and statutes"
The formal order releasing the three
made no reference to the payment OF
costs of the court action