Page:The Green Bag (1889–1914), Volume 11.pdf/253

been those who, after being brought before a contempt. They very carefully avoid de committee as witnesses, have refused to open ciding whether " this power exists as one their mouths to testify. Some of these necessary to enable either house of Con martyrs, it is to be noted, were reporters for gress to exercise successfully their function newspapers, in whose columns had been pub of legislation." This opinion to some ex tent rejects the reasoning of the court in the lished verbatim the text of a treaty, which early case of Anderson v. Dunn (6 Wheat., the Senate, utterly indifferent to a craving on 204). The turning point of the decision is the part of the American public for the that the House of Representatives had no latest news—was attempting to keep secret. That the way of the transgressor is hard right to inquire into the private affairs of the plaintiff, and therefore that a suit against appears from the following instances of the sergeant-at-arms for damages could be contumacy : John Nugent, procured from a senator, for the " New York Herald," the text sustained (103 U. S. 168). Here, the resolution of investigation on its of the Guadaloupe Hidalgo treaty with face showed its object to be the collection Mexico, in 1848; he got six weeks. C. W. of a debt due the government, a power Woolley (1868), silent about alleged cor rupt transactions regarding President John Congress could not exercise. "This case ( Kilbourn v. Thompson), says Mr. Justice son's acquittal; two weeks. Messrs. White Field, "will stand for all time as a bulwark and Ramsdell, not inclined to say how it happened that the " New York Tribune" against the invasion of the right of the citi (1871) came out prematurely with the zen to protection in his private affairs Treaty of Washington (Alabama Claims); against the unlimited scrutiny of investiga tion by a Congressional committee " (/« nine days. J. B. Stewart (1873), kept quiet re Pacific Railway Commission (1887) 12, on Credit Mobilier matters; thirty days. R. B. Irwin (1875) did not talk up to the , Sawyer, 578). Our legislative assemblies are now thought standard about Pacific Mail; two weeks, or not to have an inherent power to commit more. Enos Runyon, too much reserve as to the electoral vote of Oregon (1876); for contempt, as if such power had belonged to them because they are parliamentary more or less days. Hallet Kilbourn (1876) bodies, and because Parliament, as we have reticent as to his private affairs, in relation seen, has it. The later doctrine is, that the to an alleged " real estate pool," in the Dis trict of Columbia; forty-five days. Mr. right to punish must be referred to the ex Kilbourn brought suit against Thompson, press language of the Constitution, or to a the sergeant-at-arms (as already referred statute, in conformity with the Constitution. to), and recovered $20,000 damages and Gentlemen who go into temporary seclusion costs. Congress paid it. on account of difficulties of this nature, have usually at least the moral satisfaction of Inasmuch as a witness before a Congres realizing that their detention is in pursuance sional committee is allowed two dollars a of a great constitutional provision, which day, and his travelling expenses, one would exactly fits their case. Upon consulting the suppose that he would gladly tell all he knew, State constitutions the reader will discover and perhaps more, at the prospect of so that most of them limit the legislative power munificent a remuneration. But if facts are of imprisonment to a term that may not ex stubborn things, so sometimes are the par ties that exclusively possess the facts. tend beyond a certain specified time. The decision in the Kilbourn case, how By far the most numerous as well as the most interesting class of offenders against ever, ought not to be misunderstood. Let no one imagine that henceforth he may legislative privileges, in this country, have