Chicago Daily Tribune Newspaper, April 7, 1879, Page 9

THE CHICAGO TRIBUNE: MONDAY, APRIL 7. 1879-TWELVE PAGES galng to send you to the Reform School at Pon- tiac until you arc of age.” “Damfl go there; ’d rather plead gullty of burglary and robbery and go to the Legistature fora year and bo through with it. I could get the Governor to pardon me out? Mother—''I hopo this may prove 4 lesson you. * 8on—“" Got any rum?! Mother" No. 8on—*"' Go and get some.” Mother—"' What fort” Son—"' { want to gat drunk, That's the way leqistatora do."’. e Mother—'* You must not bo ike them, .Yp RATIAR BRE YOU.DEAD."” Aftor aome further conversation about family affairs, not of an interesting character to the general reador further than that tho old man had attempted to break a muto's will, and had stuck up on the blackamith-sliop a card an- nouncing that he would bo back fu tio weeks, William B.Tavlor and Willis Hawking, the firat and second clerks of the House, called, and looked through the square trap-holo in the door, and asked to bo admitted, whereupon Mra. Wharton walked out with an empty basket onherorm in which sho had brought some provisions for hor son. While {n tho court-room to-day, Miss Ella Jackson and: Mlas Maud Hoyt, two small pages, aged about 10 ycars cach, houded a boquet to ihe prisoner as . A TORN OF THEIR SYMPATHY. ‘These little mieses wore crying yesterday when Tue Thtwunz correspondent was dragged off to jall, and watted upon the Doorkueper of the Houso with the request that ho wouldn't allow it There seems to bo a great deal of con- tempt abroad in the State at the presert time, Mr. Nathan M, Barnett, of DoWitt Counts, beings fcllow inmate of the jail. ‘The object of Mr. Barnett’s contempt is the Supromo Court. Ho had the mistortune to be elected a Supervisor, nnd as auch, fu the presence of the Court, refused to sign some rallroad bonds, Mr. Barnett has been confined hero since February for contempt. In the meantime his torm of office hos oxnired, and yet HE LANOUISHES IN JAlte Buch are the privileges of a free country and an untrammeled press, The following dispatch hos just been recelyed, with many more during the day of a similar chatacters WENONA, ie A PRISON SELL. Another Day of the Quixotic Crusade at Spring- field, Ill. The Ninty-six Succeed in Detain- ing Nevins in Jail Over Sunday. o Ex-Gov. Palmer Ably Demon- strates the Thinness of That Writ. Mr, Edsall Performs a Great Feat in the Hair-Splitting Line, The “ Prisoner” Sends His Com= pliments to the Legislature in a Spicy Card, Some of Their Peculiar Antics in St. Louis Laid Baro to Pubiie Gaze. The Bright and Humorous Side of Prison Life as Pictured by the Defendant. Zr ue ak oe IN THE JAIL. “en YMsT. NIGHT'S “RXPERIENCH’ OF Mite 4 NEVINS... F Apectat Mispatch to.The Tribune, Bancamon County JaiL, Sprinorigtp, Ill, > April b—At 6 o'clock a. m. bualaces began In this carayansary. Tho forty-flvo prisoners, crowded into the narrow quarters which would afford sesnty accommodations for efgliteen, be- van to get restive. They, were stitl locked in their narrow cells, but they commenced shaking the bars and shouting backwards and forwards to onc another with the vigor of steam whistics atmfdday. Of courgo this was destructive to plensant dreams, and sleop soon ficd from the downy couch on which ‘the reporterial corpus April 5.—1 gtory in your plnck. ‘The people hold the Legislature in contempt, not F Caper Tayton, jou. Col. Sharp, the Sheriff, and his family have oxtended cvery facillty within their power and consistent with duty to your correspondent. MR. NEVINS’? CARD. A SCATIING DOCUMENT. Avectal Dispatch to Tha Tribune. Springrietp, Il., April 6&—Coontr Jat, lay, After Ustening ,to” suacheb* of song | gaxcason Co., It, April G—Zo the Speaker from theeo matutinal. warbicra for an | and Gentlemen of the House of Kepresentat'vess In hour or more, mixed: with ‘the nolso | my publshed dispatches to Tuc Ciicaco Trin. of sundry kicks, yells, and’ shuffte*, ‘the news- paper man arose, pecred through the massive blinds of his sumptuous apartment, and refloct- ed upon the sweet sccurity of sleeping In aplace where {t was imposstblo ‘for any demons’ of ‘the nicht to break in. . Thero {s no fear of burglars, and no apprehension of finding one’s pants in the buck alley fa the morning, ‘The Sangamon County Jail has been so improved during the long gray years of its existence as to make it entiroly burglar-proof, The con- yonjences for taking a morning stroll arc, however, not worthy of cnthusinstic commendation; they aro so Hmited, indeed, tlat some of my companions have not boon out for a walk for some months, The Sborltt's “wife > INVITED ME TO BREAKFAST with ‘the family, which hospitality wos gladly UND from Sorinzfold, I have hinted at some of the vices which have dlvgraced your body, [ haye by no means told all the truth; but, per- haps for the reputation of the Thirty-flrat Gen- eral Assembly, and the honor of tho State, enough bas alrcady been said. Yet I feel con- strained to add that thero was atime when ft. yas esteemed on honor to sit io your House; but there ara honorable, high-minded gentle- men upon the floor to-day who feel humbled by the conduct of somo of their fellow-membors, and are ashamed to be there, Mentbera of the “General Assembly lave visited the newspaper offices in Chicago with STORIES OF JOBS AND NRIMERT which have caused the cditors of those papers to aupposo that this Legislature was little less than an organized bandittt preying upon the interests’ of the State, and hayo berged the accepted, The other prisoners luxuciously took ) proses to stir up this frog-pond of thelr mornlog meal in thelr chambers. After | qith, covered with the green scum of breakfast Jack Allen looked ovor tho Jall-book | corruption, “It'’ {a a well-known — fret and called upon Charles Wilson, a Chicago tramp, ‘to’;come down, 9 summons waleh 2 strong-Hmbed,, Dblack-haired, healthy young aun aboyed with an alacrity which showed that ho had ‘some Interest in the proceedings. Ho a completed o forty-daye’ residence at tho Bastile, to which he had been consigned for ‘DCN. - “elu always on the alert to detest the cur- xont of oplolon, the newsnaper man INTERVIEWED TUB VAGRANT, that the dens of ,vice with which this city fa crowded are nightly dlted with members of your body, For evidence of this your Investigating Committee have but to call upon the pollco of Spriugfletd, ‘or the gamins, guttersnipes, and tramps who Infest:the town, or upon. “qua DLEAR-HYED DAWDS who oro tho partners of their contmerce, among whom these facts aro notorfous. From these pinces of infamy they straightway hie and scat themselves at the social board among the wlyos Who ate your” $ and daughters of the beat citizens of Spriug- “Charles OHS fiold. iphter : pring “ What do you do’ eNothing! It hes been stated in the nature of complaint against tho press that the people of I!luois aro berinning to think that the Thirty-flrat’ General Assembly is a vagabond, wortiiless body. The press {s not responsible for aus {ll-opluton the people may hays of {t, for the reason that noth- ing has yet bean published iu any newspaper that these members have not aaidof themectves, it bas been eald bya member of the Mouse (Mr. Scroggs) that Taz ‘Iripunz hos always beon engaged in stirring vp Investigations, und that Mr. Joseph Medill, its chicf editor, would noyor forgive this Leylslature for ctect- ing John A. Logan to the United States Senate, it seems strange thatthe honor of thts house should be su suddenly wounded whon “What do you think of the Thirty-firat Gen- ral Assembly?" “Y think they are the worat lot of tramps that ever dtegraced the Btate of IlNnois.” ‘Were you over 8 member of the Legisla- ure?” “Nos but I have bean to the Penitentiary.” , ‘Where do you livei"’ “ Nowhore.”? ‘# JTow long have you lived there?” * Always.” | ‘ . “Who is yourcandidate for Governor in 18801" William H. Thompson, of Cook," .4¢ Whore aro you golng to get your dinner?"* Pheer ” . IT 18 NOTORIOUS ON THE STREETS OF BPRING- FIRLD i Snieg.” bint that acts a hundred fold more disreputublo than “Bow did youpay im soything which have yet beon published are Dyan jowelry. toteitia occurring, and when tho current opinion escapes oe do you Iiko this ho! eriticlsm ‘that the Speaker of the fotge bartored jad. Ms. vole for United States Senator for the position he now holds. Thave been called upon for the aource of my information. What 1-know was given to mo by a gentleman of the House, whose veracity is un- it's THD WONST JATL IN ILLINOIS, “What's your name? t “¥rank Nevins.’? “What are you in for?” “Contompt.”” ; impeachable and whose standing is as high as “Contemot for whatt! thatof any, under the strictest pledge of se- “The Legislatura,* croay. If un exposure of sotno of the notorious practices of the members of this Assembly Is seeking self-martyrdom, as the gentleman fron Coles (Mr. Neal) -has asserted on the floor of tha Houae, then 1 acknowledge myself open to the .chargo of sccking self-martyrdom, The gentleman fram Coles wlso anys: “It soems to Uo the business of newspapers to make promle- cuous charges." Probably ho considers thut the publication of the names of the mombers of the General Assombly who recently made the tour of the bawdy-houses of Sr, Louis was a promis~ cuous charge! Frank E, Nevins, Correspondont Cutcago TimunE, TMABEAS CORPUS. ‘TUR APPLICATION Yor 4 Wait, Spectat Diavatch to Ths Tribune. Sprinavie.y, March 5.—Tho Incarceration of the correspondent of Tire TusuNy In (he com- mon Jail of this county ona pretended warrant issucd by Speaker James, of the House of Repreacntatives, has crcated a senaation which protalera to be ot more than nincdays' duration, ‘Phe correspondont passed the might very com. fortubly {a the daller’s ofllec, and this morning was called upon by anumber of sympathizing friends from both Houses of the Legislature, Atl0 o'clock Gov. Palmer, who bos been retalued as counse) for the correspondent, pro- ceeded to the chambers of Judgs Zane, Circuit Judge for this diatrict, und presented THE FOLLOWING PETITION for o writ of habeas corpus, remarking that the caso Waa one of grave public interest, us it struck af the very root of the personal Mberty of the citizens Brats oy Inutxors, Saxcanos Couxry.—To the Hon, Uharler 3, Zane, Judge of the Fists dudiclat Ulreult of the State of Inola: Your petitioner, Frank E, Neving, rovpectfally ropresenta to your Honor that he jaa citizen of thy state of ilinoly, anda resident of the County of Cook, tn the Staty uforesaid, and ts uow coniined Ia tho common jail of the #aid County of Sangumon, and is rvatralned Of bie liverty therein by Samuel N, Shoup, Sherif of waid county. Your petitioner further represents unto your Monor that hoi held oy sau Shoup confined in sald jail under the pretended authority of a certuin papor, or warrant, bearing date on tho 4th day of April, A.D. 187), signed by tho Hon, W. A. dames, Spenkerof the Louse of Repreevntativos of the Generul Assembly of tho State, and counter algned by W. B. Taylor, Clerk thereof, directed to Nathan Crows, Doorkeeper of wuld Louse of Rep. Fesentatives, and Sanuol Shonv, Sheri of anid County of Sangamon, by which said protended nt the said Nathan Crowe, Moorkeever to es the “‘Whoen aro the balance of tha peonle of the Btate going to be brought here?” “+ Can't aay; tyey are all Habla.” Before this Interesting dintogue could ba con- eluded, Gon. Smith, the Troasurer of tho State, aud Guy Magee called, und Charles Wilson walked off to enjoy hie llberty and contemplate the uncertainty of sublunary things, “Here, Frank,” aald Magee. “Wuat's that? “Lawrence & Martin’s hand-made oure cop- perdistilicd sour mash, ono plnt—drink."? “Shake; take a cigar, Guy.” “Where did you get those?!" “From military headquarters; Gon. Hilliard sent them, TH ARMY 18 {WITH ate,"” Gen. 8mith—'So ain I," ‘Nextcamo Walter German, a Senate page, witha bundle of pencils, pens, and statlonery, and the compliments of James Hl. Pad- dock, Secretary of tho Senate. Ready,” of tho Globe-Demoerat, camu mplng tn on his Jame: finger, Gou, Thomas of Cook, Mason of Cook, John H. ‘Oberly, Representatives McKinlay, Judgs Moses of Jacksonville, the Hon, Mr, Gordon of finknoyyille, the Hons. L. B. 1 Crooker, James Herrington, Dan Ray of tho J Anter-Ocean, Clarence Paul of tho Springfield _, Journal, Sim Higgins of the State Aegister, Wale ter Tanquarry of the State Journal, Col. Mer- riam, Collector of Customs, Cal. Frew of Ford, ond a number of other gentlomen called during the day to {uepect the jall, comment upon the situation, and condote with tho reporter, Then Mrs. Wharton, of Berlin, Sangamon County, called to sco her sou, and the reporter was au (nyoluntary witness of 4 TOCCIING INSTANON oF MATERNAL SOLICI- ‘TUDE and filisl affection. Grant Wharton, of Berlin, a lad of 16, recently organized a acheme for rob- bing a drug-store, and with a companion nained Puyne successfully carried it out. The boys Were caught, locked up, und ore awalting trial. “How aro you, mammyt?" exclaimed Grant, looking through the barred door at hls maternal anceator, J “Good morning, sonny; do you want to et uti? ‘Yea; this a tough place, 10'S TOO NEAR THE LEGISLATORE, Members havo been hauging around here all day, with thelr breath smell th a a smelling of whisky, It's og- Grant, I want you tobe a good boy, I am aforcasid, is commanded body of your .potitiloncr and bim duliver tothe keeper of the fail of Sangawon County for contetopt of tho Houte of Representatives iu re fuslug bo anawer certain questious put to him by Glrection of the ratd Houre. tonching certain chargea of corrnpiian om the part of members; anil also cammaniing the sald Sainuct Shop, Sherif and daller of sald county, to recelve your petitioner into hin enatody in sald fall, and him eafely keen In tho anid common jail of said county anti) he ohall signify his witiingness to ansiver auch gror. {ons ns may be put to tum by the direction of anid Tonso touching the above-mentioned charges, nnd then ax eoon as your pelitioner ahall alynify to them hia wililognessto anavor tho eatd question, the eald Nathan Crews and Samuel Shoup ace, by the rated Pretenried warrant, commanded to bring yout peti. loner tothe bar of anid Hoved, All of which will more (nity and at larue appear by ecferenco to raid: paper of pretenged warrant: ttcopy of which la nt- tached horeto, ne reqnirod by low, And your petltionce furtbor shows your Honor that he ts informed and Is advised by cannsal, and lis therefore charces. $to be true that tho sald Paper or pretended warrant {a unlawfn) and utterly vold, because, a9 he ls informed and ts therefore advised tu charze, that at the date of raid warrant thoro wore no charges of corruption on the part of any membor or meinhera of eald Hone pendiag bofora tho said - Ho or under investigation by the name, or bofare- any committee thercof, and the Honorable House of Neprerentatives had no Juriadiction, right, or antnority ta cause your pe- ttloner to onpenr -before the snid House or any committee thereof to answer any queation or ques- tions whatever, « And he is furthormora informed and advised by hls counsel, and therctore charges it to be true, (bat thora te nat, nor was thers bofore the date of sail paper or protonied warrant, any enficient vote, order, or raxoiution of the House of Repre- nentatives to anthorize tha Honorable tho Speaker of enid House to issue the same, aud for the res- sons aforeaaid, and othors, vour potitloner in ad- vired that ho is nnlavsfally. and wrongfully re- etralned of fils Mberty by the eala Nathan Crews and Samuel N. Shony, tinder and by the pretonded authority of said paper or warrant, In conmdcration of the premiacs, may it please ‘our Honor to grant to your potitioncr the writ of habeas corpns, directed to the sald Nathan Crows, Doorkeeper of tho Hours of Representatives, and Samuel N Shoup, Short! and datier of Sangamon Connty, commanding them forthwith to produce the undy of your petitioner befors your Honor. with the cause of his capture aud dotention, and mny It then pleava your llonur to hear and con- elder the same, and ordor. that your petitioner bo discharged from thetr cuntorly. And your petitioner will, asin duty bound, over pay, ‘The Judge immediately . I88USD TIL FOLLOWING WRIT, returnable this afternoon at 2 ofeluck, when an upplication wilt bo made to hava the corre- spondent released on. ball pending the argue ments in‘the case, which will bo sct for sone day next week: : State of Hlinole, Sangaman County, aa, The Peonte of the State of Minaia ta Nathan Creics, Doorkeeper of the Houat of Mapretentutives, and Samuel N, Shoup, Sherif and Jaiter of the County of Sangamon: Wurntas, A petition har been resented to the mnderalened, Judye of the Fifth dudleiml Circuit of thy State of Winols, by and on nehalfof Frank C. Neviug, a citizen of the State of Mhuols, whereto {bia alleged that ho fs unlaw- fully and wrongfully impelsoned in the County Jail of said connty oy you, of one uf you. ‘hese are, therefore, to caminand you, and cach at as without evasion or ilelay, to produce the hody of hun, the said Frank Ki. Wing, before mo, at chanibers at the Court-louse in the City of Springfeld, at.2 o'clock in the afternoon of this day, together with the causy of his capture and de tention, And .tuls. you will. fail iodo at your verll, Given under my hand and seal this otti day of April, 1870, Citannen 8, ZANE, .. ., Sddge Pith Judicial Circuit. COLLINS EIFORT. At11:450. m., Mr, Collins, ono of the Barry Committee, offered the following: Wirneras, A welt of -babeas corpus has bean on Nathon-Crews, Doorkerper of the house of Kepresentatives for the State of Tilnols, and Samucl N. Shoup, Sherif of Sangamon Coun> ty, INtnole, commanding them (o appear before the Hon, G. $. Zane, durtge of tho Firth dudiesal Ciroutt for the State of JHinole,- forthwith with tho doay of Frank E, Novine, who atunds committed by tho orderof this House, and mhow by what aus thority (acy detain the sald Nevins; therefore, he it Resolved, That the Speaker appoint as managers four attornova, members of this House, to appeur before suld«tudge asoonnsol in behalf or said Sheriff and sald Doorkooper, and that the Atiorney= General of - thia Stutu be requusted to nesist such managers, + ‘The Speaker immecifately announced the fol- lowing us the managers, in pursuance to the revolution: Measre.Jones, of Chriataln; Wrieht; of Boones Colllns, of Cooks aud Mason, of Cook. ‘Theso gontlemen aro all Jawyers, und mombers of the Comittee. . 3 IN COURT. Tud ARGUMENTS nero JUDGE ZANE, Svectat Diswateh to Tha Tribune, Srainariaiy Il, Aprit 5.—The incarceration of Tun'Tnmuns cotrespond¢ht continues to bo the acnsgtion of. the, hour, and on every sido the action of the House meets with candemnae tlon, The general publicthoroughly undorstands, the character of that branch of the Legislature, and nppreclates, in a way the members do not Hike, Its laziness, Its want of ayatem, aud [te ut+ ter want of common honeaty, Tho public hereahouta, and presumably throughout the entire State, ta fully advised of the fact that many of the mombers aro what is yulgurly but expresaively called. “ON THE MARE," It {s known that tha honorable gentlemen col- lect pay for¢ach and cvyery Sunday that the Legislature is in acsafon; it is algo known that they collect pay for cach and every day that they aro absent from Springfield; nnd it is fur- ther a patent fact that the present Legislature Las oxbibited n weakness for Junketing tours; that It is astounding to the rural taxpayer that this great body which charges for work never done, for tle that{s devoted to loafing and the cultivation of the private bualness, should feel tts dignity insulted, fs one of those things that nobody can find out, and far surpasses the intelligence of the ayerage yoter to whom the Leglslatura ts AN OUIECT OF DISMAL CONTEMPT. ‘The fact that Judge Zane had agreod to hear Novins’ applicatlon for a writ’ of habeas corpus at o'clock this afternoon was svon known all over tic city, and when that hourarrived the Circuit Court was filled with members of both Hlousts, voliticiaus, lawyers, and men about town, ‘Tho four managera, Messrs, Jones, Wright, Collins, and Mason, reluforged by At- torney-General Edsall, were promptly on hand, Eex-Goy. Pulmer appeared for the victim of lexg- fslatlyo apitc, who was escorted by a Deputy Sheriff, Ie catno up sinlling, atid was soon TUG ONSERVED OF ALL OnSERYENS. Astho cngu. proceeded, the malgnity of the prosecittlon bocame apparent after Goy, Palmer hud atated ‘that the question befors the Court waa 6 yery grave one, and should not be hasty determined, for it favolved the rizbts of the citizen og well a8 those of the Houae, and sug gested that Mr, Nevins be admitted to bail until full arguments could be heard. ‘Tha majority of the wvrosecntion couacd to ach the role of centiemen, ‘They became persecutors, ‘They lad tasted blood, as it were, und wanted more of It, Nothing would do but Nevins should Moin foil over Sunday, nnd ineh by inch they conteated of ar- guments fn favor of giving: Ii the venellt of the doubt. Great sticklers for propriety, for protecting the honor of a body whieh hus so dis- honored ftself, were he perseculing managers. Typovriticglly they absolved themselves frum any vindictive feeling toward weir prisoner of State, while not one of them gaye. Mason was willing that he should hayo the bencft of cither doubt or of clergy, About ten minutes after 9 GOV, PALMER ADDLESSED THE COURT, and salds 3 3 Lhavo in my hand a return made to this writ, — the writ of commitment by the Bherif,—but no return hus been Med by the Dourkceper of the Mona of Kupresentatives, T think, a4 this caso ta of such importance, if the yenticmen who ropres acnt tho Houre of Hepreeentatives dealre additions ol Umno to muke 9 return from the Doorkesper, who ds 1 auppose, tho moat linportant oficial, ant whoto ratarn’wiil present tha real facts which. une dvrlio thivcasc, Tam not disposed to press the tutor toa uearluy ut once. Mr, Jones, one of the miavagers, sald in reply: The Committee Sppointed Just, befora tho Mouse adjourned have had nu time to consult und prepare & return to the writ, and wo suppoved that wo ougut to baye at leasé until some tour on Monday tu allow ua to prepare to try this case, Wo whall he ready by 2 o'clock on Monday, Lihink. Gov, Patmor bad stated that the Shurif hav tade a ro- ture, Of that wo know nothing. Wo wish to pros pare g return olltolvos, and not rely upon a retura ofthe Sher, cate ov, Iulmer—I havo no objection to the gen: Memen named taking ae much time as thoy regard necussury according to thelr yiow of tho public in- terest; bubatthe eame tne 1 fecl that this potle toner hus A WIGHT TO BE HeARD, endif the hearing can be had at once he ought to ho reliuyed from the custody of the ofticor until a aullatlo time for (ha gentleman to meet. the question, and if thoy ask of the Court formally moro: time, I. shali at: the samo time ask the Court to admit Mr. Nevins to bail to appear to answer at the time to bo fed by the Court. Ty te an applicatiug entirely rogue lar, { think, and within tho discretion: of tho Court, suit, {f the petitioner be sduitted to ball, Tenuuld fayor tne granting of tine,. Indeed, on account of the Importance of the question, more $loe might well bu allowed, for this is not by any meana a dispute between the House of Representu- tives and Mr, Nevins upon 8 question of disorder ane contemptin tha presence of tha House, but fi A DISPUTE OF A VERY ONAVE CHARACTER in teanect to the rights of the House to punish a witness and compel him to testify: a qneation as fo the proper practice in cancn of thin kind and of so mitich {mportance as to dererve very eiiberate rettioment a view of the public Interests Involved, and conaiderate diacnerion of the case and its carefnl decision by your Ttonor, 60 that Tahoold reatly prefer miysclf, “if thore were nothing In the way, to postpone the matter tilt Yonday or Tuexday if it would suit the gentlemen¥on the other side, 1 think, however, Inasmuch as the cane {snot ono which involves any pereonal mia. condacton the part of Mr. Nevins, but jaa real dispute as to his rights under the Jaw, and as there aro well-founded reanone for queationiny the revi larity of these proceedings, Ido not think the petitioner onghtto be kept. in all to abide the moro deliberate discussion of a public question, and therefore {f tho gentlemen ma<ing application for moro time will indicate when thoy suppose tho tarecan be heard to thelr entiafaction, L willat the aame tle ark tho Coart to 3 ADMIT ME. NGVINS TO BAIL in the meantime. Attorney-General Edsall, counsel to the man- agors,sald: 1 do not understand tint the Commit- tee rapresenting the Hourc deslro to be viniictlve towards Mr. Nowins. by Insisting that he shall re-+ main in jail, On the other hand, they have no power fo'go beyond tho Jaw in cares of this ind and consent to his releaso from the Smnprisonment which, {rom the face of the pavers, nist be presumed to be legal until the contrary has beon established. ‘Thieisn pegaline caso fora habeus corpus. ‘Ihe petitioner ay boen committed on tinal process, OF on process facued by A tribunal which, $f (thas jurladiction at all, has jurisdiction of the questton of the reyninr- ity and validity of his commitment, which is con- cluatve, This Conrt can undoubtedly tnquire and eco whethor tho House of (lepresentatives liad Jurisdiction pon the question, and it It find tie tt had jot ten it could prov. erly discharge. the. “-prironer. Hut lo not think. we cin atart out in the onteot With 4 presumption ngainnt the payors ancl as thoy muet ave Med with their process in this matter. —a plesuimption that the Houre had no jurisdiction; and, while I have not glven the ques- ton fall examination, my understanding tf that in caso of a commitment’ by the Levilatire it in not the practice to admit to bail pending the henring of the question, We, nek indeed, for no delay moro than Is absolutely neccesary to get the case In forheuring, and, so faras! am concerned, SEVEN O'CLOCK TH13 EVENING, would sult ax wellaeany tlme. We axk for no avecitic time longer than to propare the papere and procure copies Of the lexialative proceedings tn Yorm fornatable rolurn, futinavmuch ox tie tlhe of ony branch of the Government, the legis- lutive branch, 18 involt wodo not feo] author- ized to consent to an admission to ball pending the hearing. It may be that counsel upon the other aide examined autuoritied and can produce thom moro fully than we. in only atate trom goneral understynding our position. All wo ask fs that tho Court anal fix a rensonablo tlmo,. My associates namo Mon- day, We have not yet oven had tline to procure a certified copy of the Journals, which of course would bo essential to place vefore your Honor he- foro the case could be heard, and that work would require probably un hour or two, and, since it 1s Saturday afternoon, perhaps tho case had better go over to Monday}; but of cuore we will not inalst tipon that. Af tt fs desired to work upon the cuse by night we will conaent to taxe fl un thtrovening, Gov. Palmer—If your Iunoe should be inclined to hear the question to-night, wo of course whol not abject. . Mr, donce—Wo would tke to liear the Court upon the question of bail, Gov, Palmer—I there is 4 aucetion uvon the an- thority of the Court to ball, that queation should hike to argue. 1 have NO DOUBT OF THE AUTHORITY of the Court to bail. An the Attorney-General, however, expresses o willinzness to coon to-night, there fe no tae of an application for ball untii that time, ‘The Sheriff 1s too polite and kind, and 1 wonldn't trouble the Clerk to make out the papers for so etiort a period, Mr. Edsall—{f you can ‘nroduco anthoritles for al.owrug bail ina caso of thig kind, that eettles the question, ‘ Gov. Palmer—Tho question tn cvery case fs onc of juriediction. Legivlaturee, Itke every other tribunal, have Snal juriediction, and tal authort- ty within the scope of thelr jurieliction,—that ts toxny, Whore thoy have Jttrisdiction of the subject and of tho persun, and exercine that Jurimlletion according to law. If everything were conceded to the gentlemen on the other nile, £ think it will he found that there is no nosetbility of detaining ‘Mr. Nevins on tho writ before the Court, because the writ docs not pursue any authority that f have cvor aven. ‘The writ of itsolf 1s contradictory. ‘Tho writ Je {taclf VOID ON ITS FACE, in my Judemont. So 9 court may have juriediction yenerilly, and Set, from neglect of requisite pre inury procecdincs necessary. to do on act, the act attempted “may bo vold. Tho Sunreme Court of {his State have iva number df cares hold void the deervea of our Court of Chancery, and Judumonte of the Circuit, Conrta that are courts uf euporior common-law juriadictlon, where they transcend thelr juriadiction, Ail protecdingy beyond tho Jurtudicsion of a tribunal: are ok that thie writ,‘ whatever authority tho House of Representatives may have ta’ pune ish for ‘contompt, 18 mnanitently beyond the authority given to the Speaker by tha Mouse, so that, without anuing what the House muy do ina proper manner, the Speaker, by thia weit, has done tar more than the House bas authorized him todo, taking the recitals of the writ thamsclved. For examplo, thix writ 1s directed to thu Dvor- keener of the House, and commands tha Door keeper to take the boly of Frank E. Neving and conrait it to the keepor of the dail of Sangamon county for a contempt of said House of Representatives In refusing to an- ewer certain questlonn put to him by the House touching certain charges of corruption on the part of the members, and the writ goes on to command the said Samuel Shoup, Sheri and Jailer of Sungumon County, to receive rank EE. Novina into hits cuxtody and keep him In the common jatt of the county until the petitioner shalt algaify his willingness to answor auch questionags may to put tohim by tho direction of tho House of Represent- natives, It is obvious that Mr, Nevins has refueud fo anawer certaln questions, and these gentlemen dave connnitted Lim to jail, nut until) he shall con- sontto ANSWER THE QUESTION PROPOUNDED TO 111M, but ' till he shall consent to answer such quate tions as may be putte lim by the Honse of Rep- resentutives, "—not tho question he refused to aus siver,- net the queation upon which the chyrge of contempt tx bared, —but he muxt pledge himaelt to do some otter thing thut hu tias never yet hean re- quicorhie do as the condition of his discharge. ‘The gentlemen will see that such a writ, whatever inay be tho power of the Housy, proherly exer clred, can never be euatainen. A’ purty t8 com- mitted here to the common jai) for refusing to do wn act, and the proper condition of his dia. Hetee under the statute de, that when ho lentes his willingness to do that thing whieh he haa heon heretofore tequirod, but has res fuvedl todo, then he shalt be broaght to tho bar oftho Houxa, But that ia not what thie man by thls writ tm required to do, He Is not. to algnify his willingness fo do “tint which tha Honse hay heretofore required, of him, bit lo ta to pledge himeolt that he witldo what the Mouse may huro- after reatttire bia to do, —a thing which he has not yet retared, and for whieh he is not in con- iempt. "mention that marely, to show that the warrant 1a vald upon its face, if not in reality. IWetrikes me that the warrant it #o much In ox- ceas of tho authurity given by the House that JTS VALIDITY 18 A GRAVE QUESTION, on and mention other points, vut I pre- ta resurve them to more doliberaty con- sideration, such, for tnatunce, as that the warrant connuits to jail indefinitely. It devs not indicate how much the man ts tu suffer for contampt, and xo carries no Dinishment. ‘These varlous objections whieh would roum tw atrike 8 lawyor ont frat vlauee, aro ativast setlaua enotgh to ronder tho wuthority uf thie cumuiment at least doubtful. Lgrant that in cage of cluur, final conviction the rule {# that courte will not interfere except in casen thatare extreme, ‘The English rule tsthis, £ read from on auteority which’ soaks of the Court of King's Benen in Engisnd, wu jurisdiction to which aur Cireult Courts succaud, it being tore the «court ef supreme — criminal Jortediction, —¢*'Thla court ra tho plot tice of ita power omiay Ih ita dlecro- ton admit persons = fo) bal} though committed by other courta for crimes not ballable by these courty, on considera. tion of the nature of clreumstances of this cave, and uleo If w person be attuintea of felony or convicted thereof by verdict goneral or apecial," ‘The authority waya the courts there have jurisdice ton, but will exerclso it with yreat care, Other inutances are yiven, Sv tf a wan be conyicied of felony, upon evidence by which It plait ly appetrs to the Court that “ho fs not gully. of it, then, If convicted in such & cave, even. tho Justices of jail delivery may ball hin, Lunderstand tho rule to bo, and t vhall not trouole the Court by reading many au- thoriticw, tint the Courtor King's Wench, having fupreme control, and it connot be sald that the House of Representatives fu Inforlor at all, MAS DISCHMTION TO HAIL, and very many instances are given, Thore oye in- stances Where, m cago of absolute conviction, the Cireult Courts of [litiolt hava A Kenoral supervis- fonof the administration of crliniual Justice in the State, and, whl tequired in a certain oc! of ee 30 adinit ball "where the constitutional to provielons upply and impote an imperative slaty thore ta ale on extensive clam of cayes whero tha Coust may, upon consideration of all the circum- atatices, admit to bail, even aftur conviction, ‘The ee da that Chore oxists In this Court diecretion ‘a admit to ball oven after formal conviction, and from that preporition 1 wih to draw two couctu- wlons which lead (0 the Gual one that the Court in this caso ought to dail, In the fret placa 1 think (t apparent, und my frionds on tho other #ldo 1 think themeelves will sou that there are considerable dimcuitics In the way of matntalning this proceeding, even according to their own theory, J think when thoy come to [ook into the statute on which thoy hove acted they will Hod that they haye wut carefully analyzed its pro+ visions, J thtuk tacy will discover that, in at. touipting to conform to two distinct provisions of the statute, tuuy have vatlafactorily conformed ta uoither; very tnuch as if ono wliould attempt to follow two diverging Mnaca,—he would be yery spt to miss both, 1 IN THE SECOND PLAC, ibis case ta one of yory yruat public concern, and your fionor will woo by the recitals of tae welt that an important question of .pureonal liberty ptake,—the columitment of a citizen bye writ waich recites no cuthority, The writ in question ere dova uyt secito the authority of the General necessarily void, 1° Ansombly agit onght to, 1 think, and, therefor: thin dincusstun must involve the very gravest anes: tlons of public nnd private right. On the one hand no one will assert that it fs not of vere great importance that the Ifouso of Repre- sontatives should {ally sustained = to the very limits of tho Constitution. ror ani Tone of these tho believe that the power of tho General Aanembly abould In say acnsa bo abridged or treatod dixtespectfully at all, On the other hand, it must be at the same time apparent that members of the General Assembly aro very often the triers of thelr own cases and of disnutes involving mattera that concerm personal dignity and character where it may be Sepee el, unless these gentiomen ato above the ordinary fraiiticn And Indrmities of mankind, that more or Jess rejudice will be exetclacd. ‘Thon, again, un- happily, this ia one of thoso cases where no i, ‘can sit between them and thecitizens, and. while thelr rights aro to be reapected, it muat bo remembored that Mr. Nevins or auy other person (1s his aliuation a 18 ALSO TO BB PROTECTED In his attitude before a tribunal which, though of the highest character and entitled to the greatest considgration, 19 vet matte up of gentlemen who Aco bat flealr and blood, and have parsions like ourretver, and who sometimes, in their desire to vindicate themsolves, forgot to pay the anne acrnpilons royard to the rights of others which yonr Honor may do aitting here inan impartial position. Ineed not enlarge upon the right of the citizen to be protected from an- lawful tmprteonment. but only ask in view of the cnyiy. of the questi fovolved that Mr. Nevina admitted to val] ti] the gentlemen on the other nido are prepare to meet this cute, 1 repent, I have no doubt that it ia within the discretion of your Honor. Mr. Edeati—Ifavo you found any cases whore the Court has admitted tu tatla person committed by either Hotne of Partiament? Gov, Palmer—No, sl; vut I find cases were they wero only prevented from doing ao from regard to the dignity of Parliawent. [Smiles] Tt must bo remembered, however, that there fa thin broad dine tinction belween the Engilah system ind our own, Under out asstein the powur of encl dupartment of Governinent is defined by the deliberate and carc- ful terme of written Constitutivns, and, therfore, while in thls country each departmenc yields in no reepect to the others, cach atthe eame time fe nb- solately independent, so that In this country no American Judge would date, frum his scat, utter what will be found in Englieh recorde, that, nl- theugh the fmpritonment of a prisuner waa ‘une lawtul, yet, from regard to tho dignity of the Leg- islatuce, i MUST NOT HE DISCHARGED, ‘Mr. Edeall rapileds We can see that if the Honne han no Jurisdiction, this Court has, and ought to discharge the petitioner, We did not propos to follow the tearned connsed In his discussion of the legal question here, because Itien't up, As to the regularity of the writ of comnutment§end tte ent. ficiency, the only auestion now is whether pending {lis examination the Court may rellevethe potition- er from the custudy tn whieh he {a put by virtue of tho commitment by the House of Reprerentatlver, 1 think there i# no authority for anything of tho Kind to bo done, ‘Che Engst authorities ara to the effect that although It might be the opinion of Courts that the petitioner wae imprisoned unlaw- fully, vot they would not interfero, and if they would not diecharye, then much lexs would they. admicto bail, pending anexonination Jtut this cava will appear to ti preclacly the wate with an- other of which we kuow by common revort, where o person is now in jail, committed thero by the Supreme" Court, for fatluro to comply with {ts mandate fur contempt, — the only reason which he can be there. Now, tf that perron should suc out 5 writ of habeas corpus your Honor would no denbt grantit, but 1 chink your Honor would ecarcriy be jotuiiea tn balling him pending the examination of his commitment, TH BAMD PRINCIPLE APPLIES HERE. We admit there,shontd be no unnecessary delay in the mutter, bie inet tht Instead of tts being prima (4oKetoh sthe face of the papers apparent ities, be- must’ bo discharged, that * proud y fneie he must be detained titi Conrt nitimately decides the le- gality of bia commitment, and that tn the mesn- time he lonld rematn tn the custody of the ofiicer. Certainly none of the authoritles xo for admitting to batlin thle cinss of cases, ‘This ta-not only a committal by a cg-ordinate hranch,of the Govern- ment, but a case, Where tho rule of frat Jurisdiction "P have not yet #een any of the papersin the cate’ showin defiuite Jurisaiction, ont that isto be discovered, — We are only soliclt- ous that the Court aball tx some reasonable timo to hear the case, and that meanwhile the prisoner remain where the law puts him. Gov. Palmer, in answer to the Attorney General, read tram Uncon'v abriaginent on balk hn civid cares, citing that **In former days, and particn- larly nt the time whon Sir Edward ‘Cone was Culot Justice, several persons committed to the Fiect by the Lord Chaticellor were baited by the Court ot King’s Hench upon exceptions. to the gencraltty of the form of thy commnltinenta.” Mr. dones—Was that a caso of contempt? Gov. Pulmer—In the Chancellor cuso it was con tempt. He continued reading: ** Also one Uran- ville, who was generally committed by tho com- manutd of the Lord Chancellor without setting forth any case’ of euch coimmand, eccms to have been Lailed upon oxamination of the merits of the de- creo fur disovoying whercof he was in troth come mitted, whereny It aupeared that tha decree re- Isted to a matter before adjudged at the common law, but this proceeding: helng rexcnted by » the Lord Chancellor, the said Granville was “after. wards recomiitted by niin for the same mattes ond yet was on another habeas coryny balled a scc- ond Ime by the Court of King's Hench. These are the nuthoritics, and the Court will observe that no euch rile se governed it England can apply tu this country, whoro the authority of cacn department of Gorernmunt fs so accurately defined, ‘The discusston here clused, and Y ‘TU COURT RENDERED ITS DECISION as follows: The petitioner, {t appcara, has been conrictod by the House of Reprerentatives of a contempt, and comuutted to the dail of Sangamon County, nnd the gestion to bedetermined Isas to tho Tevullty of his. conviction and commituent. in order to ylvo counsel more tine for preparation of the cage: to be heard, It ts usked that the hearing. may be postponed to some day noxt wees. Lani not disposed to relleve the petitioner from imprizonment until the questlun t¥ deter: iilned as to the lawfulness of bis conviction and conmnitment, but tf it is deaired 1 will set the jnatrer downto bu heard this evening or Monday, Just as connsel muy agree. Perhaps, if petitioner Inaista, the case had better be heard this evening. In spite of ademurrer from Mr. Jones, who wanted the ease put over lo Monday, the Court ordered ft to bo set for 7 o’clock fn the evening, and the munagers (led out of the court, tearing that the Judge would depriya them of thelr Bunday victhn, THE EVENING, 4 CONTINUATION OF THM ARGUMENTS. Surctat Dispatch to The Tribune. Sprtyericiy, I, April 5.—At 7 o'clock the Nistorieal oldk structure formerly the Capitol building of the State was pretty well crowded by eltizens of Springiicld and members of the Legislature, ‘The Ropresentatlve chamber was used for tho purposes of tho inquisition, The gallery was filled with Indies, and the lobbies were appropriated by the great unwashed of Springfield. i ‘fhe managers on the part of the House, with the Attorney-General, came in with great gravl- ty und took their scats at the table in a row, forminy an array of dignity seldom befora wit- vessetl at the Capltal of the State, Judge Zane urrlyed in due scason and took his place on the bonch, when proceedings shortly began, THE PRIONER CAME IN and quietly took a seat beslde Goy, Palmer, his counsel. The proceedings then began amid the avlul silence of the court-room, which pressed upon all preseut with the niajesty of a great triat, ‘The dignity of the people of the State of Tiltinots in ita repreeoutative copacity had been insulted, aud was apparently vow about to bo vindicated with terrible consequences, ‘Tho skirmlating in the beginning developed tho cyi- dent desire ou the purt of the Attorney Geu- eral ond the inauagers to punisir the corre: spondent by detatning him iu the Savgamon County bastile over Sunday, aud not to vindi- eate the honor of thy Hose, + Gov, Palincr gave noticu that his argument would occupy at least tivo hours, and, as ft was then 6 o'clock, the gravity of the principle ine volved required that the bearing should be post- poned until Monday morning. ‘The carrespond- ent in the meanttine should do-admitted to ball, Any reference to the word * pall! SEZMBD TO MADDEN TIZ MANAGRIS like the slinking of a searlet handierchicl ata Spautah bull, “hey would listen to oothing ofthe And; ‘thoy were willing the proceeding should be postponed, but they bad no lca of letting the man out of jail who hud compromised thelr honor, “Ob hind of Carter ‘Tracy, What sens altitive reputations tives men bear? Yhe proceedings began, Mr, Palmer opsned. the cotillion, snd'aald that he desired to ainend the petition by inserting the worta * thut bo hus been held more than twenty-four hopre last paste? The petition was so amended, und Mr, Mason, on behalf of thy respoudunt, read the return of the Doorkecper of ihe House, which embraced the resolutions appoluting the Comms mittee, its report, uid all the subsequent pro- ceedings thereafter, Mr. Puluror then ; MOVED TO DISCHANGH THE DEFENDANT on thu return then stated. Ag it was 8 o'clock and be should take up canaiderable time, ho thought it would be better to lot the mutter zo over to Monday morning, if, in the meantime, the goutlemen representing the respondont would cyusent to Ar. Nevius! releusy on buil during that thnv. ‘This wos refusod by the House managers, Mr. Palmer then stated that be would pro- ceed, but would expect that no Hmitution bo placed ov bia tine in ort tly his cose. He bevan hls urzument by referring to th rew fodepeydeut branches of tue State Giovernineut, and read that portion of the Constitution which elves the i of gthe Legulature power to punish by contempt. Hie then read from Fietd ya. ‘The People, in B Scammon, «9 Mlustrating the construction of the Constitution as being a limitation of power. ‘Therefore, then, the Legs islature fa permitted te prnish for contempt any person nota member who shall be rullty, of disorderly or contemptuous conduct tn its pros- ence for a perlod NOT EXCEEDING TWENTY-FOUR HoOUnS. Any attenint to exceed that power must he vold. He then read at tength from the statute goy- erning the practice under habeas corpus pro- cealinys, and followed this by reading the war- rantot commitinent. ‘This warrant, ho anid, the Court would observe was absolutely a Minit- lesesentence, ‘The statute specifying the man- her in which the Legislature sball proceea In matters of contempt appeared to give somo authority for a warrant like, this. But this atatute inust he read in connection with the Constitution on this point, and he iltustrated this principle of construction by Supreme Court decisions, Hone, s writ drawi ag this was, ancl which i effeeb commits thee witness tt ad Journment of the Legislature, wae void, and it isin violation of the Constitution, He then read the resolution of the Jlouse te the Door- keeper, diresting him TO HOLD THM WITNRS3 until he should signify hs willingness to the Doorkeeper or Sheriff to nnswer certain quva- tlons, and inquired Hf any Const fand the House claims this ty be a judietal procecaing) make anorder committing a man tothe custo of snother until he should do some act whieh it belonged te the Court atone tu do, He in- sisted tit this was the effect. of this warranty and = that the - House had turned the inattcr overto the Doorkeeper, He was to take the dutlea of the ITouse, and hold the witness in conflhement wntil he would answer the Duorkceperts questions, Counsel then read Seva. 7 to IL of the low regarding legistative contempt, nnd said that the opposi- tlon claimed that the tenth section permitted of unlimited finprisonment. This he dented, He belloved that the ilousc had no power to prolong an imorlsonment for mure than twenty- four hours, unl vas (he witness persisted in tts, further, the House ‘lad eno te its duties ta elther the Door- keeper or Sheriff. dt was enough that the House could commit the citizen, but it was asking too much that the House contd transmit its own power to an outsider, — Persistency of contempt is the only. cuuss for which a con- tInuance of imprisonment tay be made. The continuance can only he determined by the House, not by u Doorkeoper or o sheriff. ‘The warrant directs thut he be fmprisoned UNTIL I& CONSENTS TO ObEY, but this must be coupled with the lnitatlon of twenty-four hours, Niether the Doorkeeper nor the Sheriff find any signs of renentance, and hence, according to the warrant, they may keep him in custody until the adjourninent of the iluuse, and votnsel stated that the Legistature has made orrangements to stay all summer Mr. Palmer atatet that the. commitinent was in yiotntion of law because Mr. Nevins was sent to Jail to remain there until be was willing to an- ewer all questions that micht be propounded to him. This isan AbsuRatty because the House Ins no right to ask fur anything more than Nevids-hod already refused to answer, Iv other wfds, Nevins must part with pyery right ns a¢fizen before hu can dt out of jail. ‘That fs tie pledge the Mouse wishes to exact in its yudginent, wiileh Is A SUAMEBPUL VIOLATION OF THE LAW and Constitution. Mr. Jones, of the Managers, sald the first point made by counsel was a coustitutional one, and {f well taken settled the case. ‘The second, was the validity of the judement of the House, aud this was outside the jurisdle- tion of the Court. ‘Tho two ‘sections specifylug the duration of imprisonment. do not toyether they oro separate and distinct, and must be so regardet. The terin of Impriconment continues just so long as the person {n contempt perglats init. The law dovs not require the House to visit the Jall to ascertuin if Mr. Nevina be willy to answer the questions. If he be ready to do so he can notify ithe House just as ho would the Court. If the Legislature has jurisdiction over the subject matter, aud the body of the witness, {ts action cannot be reviewed by any court. Richt or wrong, the judgment must stand. The Warrant was in strict accordance with the judg ment of the Houwe. ‘To corroborate this aaser- tion, Mr. Jones cited the case of Charles H. Reed, tu which the Supreme Court decided ad- Yersoly to that gentleman in n case somewhat siinilarto that of Noving. To nlso reterred to (he Paine case, in which Palus declined to an- swer at an investigation of on allecud printing: steul, ant his application for release gna habeas corpus was denied by Judge Zane. The Legis- lature bud the same power lu contempt cases us the court, ond it weed wot be .conterred by the Constitution. MASON, OF COOK, after disclaiming any personal feelings on the yore af the Jfouse, was of the opintun that Nevins commilted hkneclf to jail. He pleads his professional honor, and for thut the Sneaker respected olm, and wero he fr Nevins’ place he would do the samu thing. and would stay fu jail five years if necessary. Nothing but Nevins’ professional honor stands between hls freedom and an iuvestigauon of a serious charge . pre- ferred agninst a member of the House, Aro the peoplo’s Representatives to remain under a cloud increly to protect Mr.Nevivs’ professional honort ‘The members of the Lecislature aro at tia mer- ey, for he only hins the key by whieh the duor uow concealing the guilty Representative may be opened, He hoped the contumacious wit ness might stand committed until he shall chooas to divulge the knowledge sought for. COLLINS, OF COOK, advanced nothing vow except to fathom tha In- tentions ot the framers of the Constitution, What bo thought about them was not very clear, Hae referred to Blackstone, and then sald that Neyins wos his own jailer. ATIORNEY-GENRRAL EDSALL, contrasted the contempt sectiong of the Constt- tutions of 1848 and 1870. Jn the former it wns provided that thy prisoner must be brouzht be- fore the Bar of the House every twenty-four ‘The inconvenience of the provistou was su obvious that it was modifled by the later Constitution, Under the old Constitution the Legislature}vouldshaye to sit on Sunday te com ply with the Juw in dealing with contempt vases, Mr. Edsall then went on to show that under the present Conatitution this power of the Legislutura bas been enlurged, dn these contempt cases the relator was comiuitted till he vleeted to comply with. the deussuds of “the House and In strict comptianco: with the. Constitution, Mr, Edsall then proceeded to co over the ground coverci by the other members of the inquisition, and concluded with the hope that the Court would consider tho mutter as o res adjudicata, MR. PALMER sald that in concluding his argument he would cuntive himself to the point whotter a Legislae ture has oa right) to punish fur o pereistent contempt. He road aus thorities nokding that =a commitment must be for adefluite period of time, ‘The wit- ness, he clatined, was not committed by thts Warrant uutil he answered one question, or any spectfed questions, but uutil bo should answer some other question not yet put to him before, ‘Thereforo he could not be ty contempt, and Mrs Palmer denied vat the Lewlslature could com- init a citizen to prison for not answering 9 ques tion that was nover put to him, and he insisted that nacomuitment could be hud buy for a definite period of time, Such wus not dane here, He knew bow delicate a mintter it wae for the Court to decide that these gentlemen hod made ror, yet he wanted to gay that the liberty of the himblest citizen was of infinitely More concern tim the reputation of all the Lee faluture. [Applausa.} lait not much safer to adopt that construction of the Inw and the Con stitution which requires the Legislature to com mult tor a spevilled Une than to leave the period ofcontinement to the general phraseology of this writ, which reads," unttl he sienity his will- Inguess to auswer such gueatlona ay niny be put to hin’? se concluded by saying thut 16 avemed to him nuy other construction than the ong hte had indicated must place a power fu tho Legislature never contemplated, , THE DECISION, HBMANDED TO TH COUNTY JAIL. Special Mapatch to The Tribune SprinaviuLy, April 6.—The Court then asked the bailiff (o pass up the Statutes, and begun reading the. constitutional provisions regardlug lewislative contempt fn Sev. 9, Art 4, und also the act. of the Legislatura approved Feb. 25, 1874, giving the ‘construction to that clauso of the Constitution, Ho then sald the question was whother the provisions of the Constitution will bear the construction which the Legislature has given it. ‘The statute contemplates that @ person refusing to auewer questions may be committed until he siguifles pts willlngness to obey the requirements of the House. ‘The statute did not contemplate a cage.where thy witness should bo brouzht to: tha barof tho -Housvat the expiration of vrenty-ftour hours to refuse to answer, ‘Tho statute couteinplated o caus whore bo refuses tu algnify bls willingness by muking (t known to the Louse elther by & WHITTEN COMMUNICATION or by watatementto the oillcer having him fo charge, and communteatiog {n that way to tha House his willingness to obey its requirements. AC the pnrty signified his willingness to ‘the of- Gicer haying bin in custody, und such officer fulle to communicate to the Louse such willing. nest, euch officer wonld - be quilt. a breach of official * duty,» would be lable. The party ought » hayo his remedy. . What that would be, it Ja tiot necessary for me to determing at this ‘ time. I om not now willing to assume that tho - officer would so act. Tho statute seems to con- template acaseof that kind, because it saya, “upon stenifying- bls: willingness to oboy the oy House,” he should be returned to the House, 4% That being the provision of the. Constitution ani the construction of the atatute Iam not dlspored to violate that construction. I think that’ disposes of the constitutlonal question ralaed ‘fn tho warrant In this case whero the record shows the * precise questions which wero asked, ‘ond 'whiclt D the petitioner refused to answer, and having refused, und on which the House adjudged him gulity of contempt. ‘The warrant DOES NOT APRCIPY THE QUESTIONS x that were asked, but directs that he shall ho committed until he expresses hia, will-, ingness to answer such questions ns may be required of him by the House. If the witness were to express a willlnyness toanswer all questions that were asked hin, then Lehould bu Inclined to think he would bo entitled nt least to be taken to the bar of the House, and be would not bo Mable to any further Imprisonment unless he should be guilty of auother contempt, and unloss be ro fuses to answer = soma =—ather | quea tone, In casa he should oxpresa & willingness to answer questions as shown by the record he would he entitled, L think, toe bo taken ta the burof the House. If the House were to continue the imprisonment after the party had exoreased oa willingness to answer any questions that might be put to him, that would be wrong, und hy would have his remody § ont Lam not authorized to discharge a person committed, as thls petitfoner has been, for con- tempt FOR ANY TECHNICAL DEFECTS ofthe warrant. If it was on ordinary case, where he waa cominitted upon an examination, and there was a defect In the mittimus, the Court might make out 2 proper tmittimus and recummit bi; but io thfsjease L don't think tho Judge woul have the right to mske ont the mittimus to commit this man. To say tho least, this warrant 1s somowhat defective. It ought to specify tha couse of commitment, and oucht to specify that hoe was committed until ie would exprens. a willingness: to answer the questions which were asked him by the Committee, or by the House, and not to puswer noy such questions os he might bo re- quired to’ answer. ‘The General Assembly would bavo the right to commits person for a failure to expreas a willingness to anawer any such questions a8 might be propounded. ‘The aubstance of this case is that ne was com~ mitted for the refusal to answer the preciso questions stated in the record. Ho fs commit- ted until bo expresses a willingness to answer those questions, I am disposed to regard him as helng now detained aud imprisoned for a failure to. answer those questionus tliat are asked him,—those specifle questions. If it was otherwise, nnd he waa imprisoned for a fullure to answer any stich questions as the Legislature might choose to hereafter ask him, L would be disposed to dlacharge lim. - THE PRISONER WILL BH REMANDED. ‘The decision was ageneral disappoiutmenttothe - audience, who bad carefully followel the srzu- ments for nearly four hours. In tho delivery of theopinion the Judge was painfully slow, und it was not uotil almost through that those ‘present begun to understand it. ‘Tho managers ‘were aupremely happy over the result, and no doubt resolved in their minds to be virtuous and bappy hereafter. CONFIRMATION. peciat Pinputeh to Tha Tribus’ Cmcurr. Count Roos, Srrinarre.p, Dly April §.—fHave been held by the Court. Rank E, Nevins. Apretat Dimmatch to The Tribune, Bancamon County Jai, Sprinaristp, Il, April &.—<Atm Iu favor of an early ‘adjournment! Frank EL Nevins, ——. OTHER OPINIONS. 3. ¥. TULEY, Areportor met Mr. M. F, Tuley Saturday af- ternoon and asked him what he thought of the action of the House in imprisoning Taz Trin unz'a special correspondent at Springfictd. Mr, Tuloy referred to the Constitution in ha usual = cautfous = manner, and then said he did not tind any provision therein to authorize such action on the part of the House. See. 9of Art. 4 of the Constitu- tion was tho only authority on wnich the House had to rety. It was adangerous precedent to establish, and there was no ‘necessity for any such power tuder this frea Government. Thero was no country where there was ‘such o great necessity for criticism of legislative bodies as this. Freeeriticism furnished the greatest ONEGK AND PREVENTIVE AGAINST LEGISLATIVE connurTion ¢ that could be devised. ‘The ubiquitous roporters: were the special Aread of corrupt legislators, and, though they sometimes were a nuisance fn delving {nto a man’s priyate affairs, they wera an excellent chee und safecuard in the com- munity. Many a fraud would be committed ‘but for them, and many a fraud that was com- mitted would not bo found out but for thelr energy and persistency, fle therefore thought the uctlon of the House in the present instance was both unwise und unwarranted. MI. VAN ARMAN was of the same opinion. Io sald the power of commitment did not extend to a caso like the present, A. court of lav, either clvil or crim- inul, could not go to thut extent, and certainly, then, the Legistature contd not. Moreoyer, it was an {Heal proceading, because tt would sub> jeet the party finprisoned’ to ponaltics if bo was compelled to answer, : Mi. 2. 1. M'CAGO, on the other hind, thought the Leclstatura had the power todo as they had done, Public wel- fare demanded that such acherge of bribery should not bave been mado unless the corre- apondent was willing te take the chances. Vither ho showld not have made thu charge or he should nave disclosed the name of bis in- former when asked. ‘Tho fact that a libel coutd not bo mafintalned was unimportant, because the matter went much farther than individual rights ar wrongs in principle in Ita effects on the pub- Heat large. But he had not tooled at the ques- tion as to the right of the Leglstature ta im- ‘prison a person who refused to answer qgucse tlons. He bad a generat {dea, howeyar, that there was auch a power, and on {mpresslon that: the present was a caso in which the powor should be exercised if it existed. RESTITUTION. Willlam If, Vanderbilt Pays 837,000 to the Daughters of Horace Greeley, Moncy Lorn- ed by tho Great Journallst to His Brother Corncliua, Bneclat Dispatch to The Tribune. New York, April 5,—Willlam H, Vander= bilt toxlay pald the sum of $57,000 to tha daughters of Horace Grectoy. This wes tho amount borrowed from Mr. Greeley maooy } years ago‘ by Cornutlus II, Vanderbilt, Tho Comtmadora recognize tho claim, und once had 9 characteristic interview wlth Mr Greeley. about tho tnatter, In which the ratlroyd miliionaire was hodly worsted. Ho mado no provision for tha debt in his will, and the daughters would not havo beon abi fo collect the claim, even bad they becn disposed to make ons. ‘This action on the part of William H. ‘Vandorbitt is considered a part of the general settlemont of the financlal affairs of the family as a reault of tho close of the varlous suite and tho will cone ‘ test. In any canes it is just to the daughtors of the great journallet, $a The Wartford Elopement. Hantvory, April 3.—Tho Montreal dispatch a few days ayo, souounclne that Frederick Shepard and his. wife, the daughter of ex-Gov, Hubbard, passed through that city ons west- trn-bound train, Wasa puro fiction, ‘The pare tive have not been out’ of Hartford since the young lady left hone, Bho firat- wont to tho house of her husbands brother, “Tip” Shop. urd, cochman for dir, Churles Bockwith, and ‘was there Joined by the mun of “her chofce, who had just returned lrom New Haven. ‘They ro- mafied at bls brother's house for # fow days, und are now at the home of Bhepant s puronts, on Grand street, Guy, Hubbard's family have iiaintatued a strict seclusion gluco the event transpired. Mra. Hubbard has been alarmiugly ill, und Alr, Hubbard has been outef the house but little, Gov. Hubbard, while, “of course, having o fatherly sympathy for Dis daughter, 1s exceedingly indignant at hee action, Bhopard duvs-not show heneelt, und bas yaloly sought, through his brother “Tip,” to get somo arsur+ auces frown the ex-Governur, It is suld thut he aifeets to fear peraouul violence, Je certaluly bus no chance of ever being recoguized by tho Hubbards, vor will his wife, it is believed, be aynin received at'homo uuless she leuves bor husband. Shu bas written to bys father once since her marrlagu. . rofused to