Evening star., 1933-11-05
Fifty Years Ago
. In The Star

A suit at law was begun in the Dis
trict Supreme Court October 20, 1883,
~ that became tistori-
1ne AllDourn cal and in its out
G.. come established an
Damage Suit. important precedent
in respect to the
rights Of citizens cited for examination
/ by the houses of Congress. The ac-
count of the initial proceedings occurs
| in The Star of that date as follows:
The suit Of Hallet Kilbourn against
John G. Thompson, ex-sergeant at
arms of the House of Representatives,
was called to trial today in the Cir
cult Court before Judge Cox. Mr.. Kill
| bourn lays claim to S350.000 damages
| against Mr.. Thompson for false i'm
prisonment in 1876. Mr.. Kilbourn was
summoned as witness before the
real estate pool investigating commit
| tee of the House, but declined to testify
in relation to business of the firm of
Kilbourn & Latta or produce the books
and papers of the firm. He was ar
rested by resolution of the House by
the sergeant at arms and. being brought
before the bar of the House, again re-
| fused to submit his books and papers
| He was thereupon committed to the
| District Jail, where he languished in
durance vile for forty-five days, until
after the adjournment Of Congress,
when he gained his liberty through
writ of habeas corpus. Mr.. Kilbourn
entered suit against Mr.. Thompson.
the sergeant at arms, for $50, 900, and
was in April. 1882 awarded S1O0, 900
/ by jury. This verdict. however, was
set aside by Judge Macarthur and the
| case now comes to trial under an
amended bill claiming S350,000 dam
ages.
This morning the case was taken
up little after eleven O'Clock. Mr..
kilbourn was present with his counsel.
Senator Voorhees,, Mr.. Enoch Totten
| and Gen. M. L. JeffrieS. Mr.. John
G. Thompson. the defendant, was also
in court with his counsel. Mr. Jere
| Wilson. District Attorney Corkhill and
| Assistant District Attorney Coyle. Some
legal questions. growing out of the pleas
of the defendant to the amended bill,
to which the plaintiff demurred, we're
taken up and argued by the lawyers.
One plea alleged that the amended
statement of damages was barred by
the statute of limitations. Judge Cox
held that as the original suit was
entered within the time prescribed by
law, the cause of action remaining the
same, an amendment merely to the
statement of the consequences of such
action to. the plaintiff was not equiva-
lent to entering a new suit. The court
also overruled a plea involving the
jurisdiction Of the House Of Representa-
tives to order the arrest. The court
then adjourned until tomorrow, at the
having just arrived and not having
had time for consultation with his
associates"
says The Star of November 3, 1888,
Canadian Pacific uraily, at the
Project Is Halted. that all work
on the Rocky
Mountain division of the Canadian
Pacific Railroad has been suspended
owing to the fact that the engineers
are unable to agree upon a route across
the range. This looks very much as
though no practicable line has yet beer
found and gives rise to the suspicion
that it may be impossible to find one.
But this can hardly be the case. since
scientific engineering is able to over
come pretty much all physical OBJ
stables. If only money enough can be
furnished to carry out the material part
Of the undertaking. 1t is certain. how
ever, that the work will be delayed for
some time and the probability now IS
that whatever the cause of the stoppage,
it will be long time before the two
oceans are connected by a railway line
running through the Dominion. Mean
time. the Northern Pacific road will be
getting large share Of business that
would naturally 60 over its more north
erly rival. and this trade, when once
secured, 1t will be difiicult to recover"