Walks about WashingtonLeupp, Francis E. (Francis Ellington)
History
Walks about Washington
Leupp, Francis E. (Francis Ellington)
Washington (D.C.) -- Description and travel; Washington (D.C.) -- History
Many newspaper publications have been made subjects of special
investigation by committees of Congress, but in no instance has a threat
of expulsion from the gallery or of prosecution in the courts produced
any practical results; and the locking up of recusant committee
witnesses has become a mere mockery. The most notable case on record was
that of Hallet Kilbourn, a former journalist who had become a real
estate broker and a leading participant in a local land syndicate which
the House undertook to investigate. Kilbourn was commanded to produce
certain account-books, as well as the names and addresses of sundry
persons who, not being members of Congress, he insisted were outside the
jurisdiction of that body. For his refusal to furnish the information
demanded he was thrown into jail and kept there nearly six weeks. From
the first, he had declared that he had no objection to opening his
accounts to the whole world or to publishing the data desired, as all
the transactions covered by the inquiry had been honorable; and this
assertion he proved later by voluntarily printing everything. But he
was resolved to make a legal test of the right of Congress to arrogate
to itself the arbitrary powers of a court of justice, and he got a good
deal of enjoyment out of the experience.
For the whole period of his imprisonment he lived like a prince at the
expense of the contingent fund of the House; drove about the city at
will in a carriage, merely accompanied by a deputy sergeant-at-arms; and
entertained his friends at dinner within the jail walls. Of course, the
newspapers exploited the whole episode gladly, and when he had held his
prosecutors up to popular ridicule long enough, he sued out a writ of
habeas corpus and was released. Then he brought a suit for damages
against the Sergeant-at-Arms for false imprisonment and won it on appeal
after appeal, till the Supreme Court of the United States handed down a
sweeping decision that “there is not found in the Constitution any
general power vested in either house to punish for contempt.” In spite
of the efforts of all the judges in the lower courts to cut down the
damages granted by their juries, Congress was finally obliged to pay
Kilbourn twenty thousand dollars, or about five hundred dollars a day
for his forty days’ incarceration. It took him nine years to carry his
case through all its stages.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account