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Chicago daily tribune. [volume] (Chicago, Ill.) 1872-1963, April 06, 1879, Image 2

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looking through the barred door at his maternal
ancestor.
“Good momlng, sonny; do you want to get
out!”
“Xcs; this a tough place.
it’s too near the legislature.
Members have been banering around here all day,
with their breath smelling of whisky. It’s ag
gravating.”
44 Grant, I want you to be a good boy. lam
going to send you to the Reform School at Pon
tiac “until you are of age.”
“Damfi go there; I’d rather plead guilty of
burglary and robbery and go to the Legislature
for a year and be through with it. I could get
theGovcruor to pardon me out.”
Mother—“ I hope this may prove a lesson to
you.”
don— u Got anyTuml”
Mother—“ No.”
Son—“ Go and get some.”
Mother— 44 What for?”
Son—“ I want to get drunk. That’s the way
legislators do.”
Mother — u Tou mast not be like them.
i’d batheu'see tou dead.”
After some further conversation about family
affairs, not of an interesting character to the
general reader further than that the old man
had attempted to break a mule’s will, and bad
stuck up on the blacksmith-shop a card an
nouncing that he would be back in two weeks.
William B. Taylor and Willis Hawkins, the
first mid second clerks of the House, called, and
looked through the square trap-hole in the
door, and asked to be admitted, whereupon
Mrs. Wharton walked out with an empty basket
on her arm in which she had brought some
provisions for her son.
While in the court-room to-day. Miss Ella
Jackson and Miss Maud Hoyt, two small pages,
aged about 10 years each, handed a boquet to
the prisoner as
A TOKEN OP THEIR SYMPATHY.
These little misses were crying yesterday when
The Tribune correspondent was dragged off
to jail, and waited upon the Doorkeeper of the
House with the request that he wouldn’t allow
It. There seems to he a great deal of con
tempt abroad in the State at the present time,
Mr. Nathan M. Barnett, of DeWitt County,
oeinga fellow inmate of the jaiL The object
of Mr. Barnett’s contempt is the Supreme
Court. He had the misfortune to be elected a
Supervisor, and as such, in the presence of the
Court, refused to sign some railroad bonds.
Air. Barnett has been confined here since
February for contempt. In the meantime his
term of office has expired, and yet
HE LANGUISHES IN JAIL.
Such are the privileges of a free country and an
un trammeled press.
The following dispatch has just been received,
with many more during the day of a similar
character:
Wenoka, UK, April 5.—1 glory in yonr pinch.
The people hold the Legislature m contempt, not
yon.
Col. Sharp, the Sheriff, and his family have
extended every facility within their power aud
consistent with duty to your correspondent.
ME. 3KETIXS’ CAKE.
A SCATHING DOCUMENT.
Special Dispatch to The Tribune.
Springfield, 111., April s.— Countt Jail,
Sangamon Co., 111., April s.—To the Speaker
and Gentlemen of the-House of Representatives: In
my published dispatches to The Chicago Trib
une from Springfield, I have hinted at some of
the vices which have disgraced yonr body. I
have by no means told all the truth; bat, per
haps lor the reputation of the Thirty-first Gen
eral Assembly, and the honor of the State,
enough has already been said. Yet 1 feci con
strained to add .that there was a time when it
was esteemed an honor to sit in your House;
but there are honorable, high-minded gentle
men upon the floor to-day who feel bumbled by
the conduct of some of their fellow-members,
and are ashamed to be there. Members of the
General Assembly have visited the newspaper
offices in Chicago with
STORIES OF JOBS AND BRIBERY
which have caused. ti)g,cditprs of those papers
to suppose that this Legislature was little less
than an organized banditti preying upon the
interests of the State, and have begged the
press to stir up this frog-pond of
filth, covered with the green scam of
corruption. It Is a well-known fact
that the dens of vice with which this city is
crowded are nightly filled with members of yonr
body. For evidence of this your Investigating
Committee have hut to call upon the police of
Springfield, or the gamins, guttersnipes, and
tramps who infest the town, or upon
THE BLEAR-EYED BAWDS
who are the partners of their commerce, among
whom these facts are notorious. From these
places of Infamy they straightway hie and seat
themselves at the social board among the wives
and daughters of the best citizens of Spring
field. *
It bas been stated in the nature of complaint
against the press that the people of Illinois are
beginning to think that the Thirty-first General
Assembly is a vagabond, worthless body. The
press is not responsible for any ill-opinion the
people may have of it, for the reason that noth
ing has yet been published in any newspaper
that these members have not said of themselves.
It bas been said by a member of the House
(Mr. Scroggs) that The Tribune bas always
been engaged In stirring up investigations, and
that Mr. Joseph Medill, its chief editor,
would never forgive this Legislature for elect
ing John A. Logan to the United States Senate,
it seems strange that the honor of this bouse
should be so suddenly wounded when
IT IS NOTORIOUS ON THE STREETS OF SPRING
FIELD
that acts & hundred fold more disreputable than
anything which have yet been published are
occurring, and when the current opinion escapes
criticism that the Speaker of the House bartered
his vote lor United States Senator for the
position he now holds.
I have ocen called upon for the source of my
information. What I know was given to me by
a gentleman of the House, whose veracity is un
impeachable and whose standing is as high as
that of .any, under the strictest pledge of se
eresy. If an exposure of some of the notorious
practices of the members of this Assembly is
seeking self-martyrdom, as the gentleman from
Coles (Mr. Kcal) has asserted on the floor of
the House, then 1 acknowledge myself open to
the charge of seeking self-martyrdom. The
gentleman from Coles also says: **lt seems to
be tbe business of newspapers to make promis
cuous charges.” Probably he considers that the
publication of the names of the members of the
General Assembly who recently made the tour
of the bawdy-houses of St. Louis was a promis
cuous charge! Frank E. Kevins,
Correspondent Chicago Tribune.
HABEAS CORPUS.
THB APPLICATION FOB A "WRIT.
SpnfnJ PiFvatcn to The Tribune.
Springfield, March s. —The incarceration of
the correspondent of The Tbibcne in the com
mon jail of this county on a pretended warrant
issued by Speaker James, of the House of
Representatives, has created a sensation which
promises to be ot more than ninedays* duration.
The correspondent passed the night very com
fortably" in the Jailer’s office, and this morning
was called upon by a number of sympathizing
friends from both Houses of the Legislature.
At 30 o’clock Gov. Palmer, who has been
retained as counsel for the correspondent, pro
ceeded to the chambers of Judge Zane, Circuit
Judge for this district, and presented
THE FOLLOWING PETITION
for a writ of habeas corpus, remarking that the
case was one of grave public interest, as it
struck at the very root of the personal liberty
of the dtizen:
State o> Illinois, Sangamon Countt.— To the
Bon. Charles S. Zane , Judge of the Fifth Judicial
Crcuii of the Slate of Jllmoit: \ our petitioner.
Frank E. Serine.’ respectfully represents to your
Honor that he la a citizen of the state of Illinois,
an<fa resident of the County of Cook, in the Suite
aforesaid, and is now conimed in Ihe common jail
of the said County of Sancamon, and is restrained
of bis Hberty therein by samnel ». Shonp, Sheriff
° f YDur C neiitmeer further represents nnto your
Honor that be is held by said sbpan confined in
Mid jiilniderthe pretended authority of a certain
paper, or warrant, bearing date on the 4th dav of
April, A. D. 1879. signed by the Hon. W.‘A.
Jamea. Speaker of the House of Representatives
of the General Assembly of the State, and counter
signed by W. B. Taylor, Clerk thereof, directed to
Nathan Crews, Doorkeeper of said Bonse of Rep
resentatives. and Samuel Shoun, Sheriff of said
County of Sangamon, by which said pretended
warrant the said Nathan Crews, Doorkeeper
as aforesaid, is commanded to take the
body of your petitioner and him deliver
to the keeper of the jail of Sangamon County for
contempt of the House of Representatives in re
fusing to answer certain questions pnt to him by
direction of the said House, touching certain charges
of corruption on the part of members; and also
commanding the said Samuel Shonp,- Sheriff and
Jailer of said county, to receive your petitioner
into bis custody in said jail, and him safely keep
in the said common jail of. said county until he
shall signify his willingness to answer such ques
tions as may be put to him by the direction of said
House touching the above-mentioned charges, and
then us soon as yourpetilioner suaJJ signify to them
his willingness to answer the said questions, the said
Nathan Crews and Samuel Shonp are, by the said
pretended warrant, commanded to bring your peti
tioner to the bar of said House. All of which will
more fully and at large appear by reference to said
paper or pretended warrant a copy of which is at
tached hereto, as required by law.
And your petitioner farther shows your Honor
that tic is informed and is advised by counsel, and
he therefore charges jto be true that the said
paper or pretended warrant is unlawful and utterly
void, because, as he is informed and is therefore
advised to charge, that at the date of said warrant
there were no charges of corruption on the part of
any member or members of said House pending
before the said House, or under investigation by
the same, or before any committee thereof, and
the Honorable House of Representatives bad no
jurisdiction, right, or authority to cause your pe
titioner to appear before, the said House or any
committee thereof to answer any question or ques
tions whatever.
And be is furthermore informed and advised by
bis counsel, and therefore charges it to be true,
that there is not, nor was there before the date of
said paper or pretended warrant, any sufficient
vote, order, or resolution of the House of Repre
sentatives to authorize the Honorable the Speaker
of said House to issue the same, and for the rea
sons aforesaid., and. others, your petitioner is ad
vised that he 'la unlawfully and wrongfully re
strained of his liberty ny the said Nathan Crews
and Samuel N. Shoup, under and hr the pretended
authority of said paper or warrant.
In consideration of the premises, may It please
your Honor to grant to your petitioner the writ of
habeas corpus, directed to the said Nathan Crews,
Doorkeeper of the House of Representatives, and
Samuel N Shonp, Sheriff and Jailer of Sangamon
County, commanding them forthwith to produce
the body of your petitioner before your Honor,
with the cause of bis capture and detention, and
may it then please your Honor to hear and con
sider the same, and order that roar petitioner be
discharged from their custody.
And your petitioner will, as in duty bound, ever
pay.
The Judge immediately
returnable this afternoon at 3 o’clock, when an
application will be made to bare the corre
spondent released on bail pending the argu
ments in the case, which wiH bo set for some
day next week t
State of JlUno's, Sangamon County, et. The
People of the State of Illinois to Xathan Crewe,
Doorkeeper of the Bouse of Representatives, and
Samuel A. Shoup, Sheriff and Jailer of the County
of Sangamon: Whereas, A petition has been
presented to the undersigned. Judge of the Fifth
Judicial Circuit of the State of Illinois, by ami on
behalf of Frank C. Kevin?, a citizen of ihe State
of Illinois, wherein it is alleged that he is unlaw
fully aud wrongfully imprisoned in the County Jail
of said county bv you. or one of you.
These are. therefore, to command you, and each
of you, without evasion or delay, to produce the
body of bim, the said Frank E. Kevins, before
me, at chambers at the Court-House in the City
of Springfield, at *2 o'clock in the afternoon of this
day, together with the cause of his capture and de
tention. And this you will fail to do at your
peril. Given under my hand and seal this rah day
of April, 1579. Charles S. Zane,
Judge Fifth Judicial Circuit.
Cadet Taylor.
At 11:45 a. m., Mr. Collins, one of the Barry
Committee, offered the following:
Whereas, A writ of. habeas corpus has been
served upon Hainan Ciews, Doorkeeper of the
House of Representatives for tbe State of Illinois,
aud Samuel N. Shoup. Sheriff of Sangamon Coun
ty, Illinois, commanding them to aopear before
the Hon. C. S. Zane. Judge of the Firth Judicial
Circuit for the State of. Illinois, forthwith with the
boay of Frank K. Kevins, who stands committed
by the order of this House, and show by wb&t au
thority lacy detain the said Kevins; therefore, be it
L‘eso‘retf t That the Speaker appoint as managers
four attorneys, members of this House, to appear
before said Judge as counsel in behalf of said
Sheriff and said Doorkeeper, and that the Attorney -
General of this Statu be requested to assist such
managers.
The Speaker immediately announced the fol
lowing as the managers, in pursuance to •♦■lie
resolution: Messrs. Jones, of Christain; Wright,
of Boone; Collins, of Cook; and Mason, of Cook.
.These gentlemen oro .aU. lawyers, and members
of the Committee. -
IN COURT.
THE ARGUMENTS BEFORE JUDGE ZANE.
Special Dispatch to The Ti'ibune.
Springfield, HI., April s. —The incarceration*
of The Tribune correspondent continues to
bo the sensation of the hour, aud on every side
the action of tbe House meets with condemna-
tion. The general public thoroughly understands
the character of that branch of the Legislature,
and appreciates, in a way the members do not
like, its laziness, its want of system, and its ut
ter want of common honesty. The public
nereabonts, and presumably throughout the
entire State, is fully advised of the fact that
many of the members aro what is vulgarly but
expressively called
It is known that the honorable gentlemen col
lect pay for each and every Sunday that the
Legislature is in session: it is also known that
they collect pay for each and everyday that
they are absent from Springfield; and It is fur
ther a patent fact that the present Legislature
has exhibited a weakness for junketing tours;
that it is astounding to the rural taxpayer that
this great body which charges for work never
done, for time that Is devoted to loafing and
the cultivation of the private business, should
feel its dignity insulted, is one of those things
that nobody can find oat, and far surpasses the
intelligence of the average voter to whom the
Legislature is
AN OBJECT OP DISMAL CONTEMPT.
The fact that Judge Zane bad agreed to hear
Kevins’ application for a writ of habeas corpus
at 2 o’clock this afternoon was soon known all
over the city, and when that hoar arrived the
Circuit Court was filled with members of both
Houses, politicians, lawyers, and men about
town. The four managers, Messrs. Jones,
Wright, Collins, and Mason, reinforced by At
torney-General Edsall, were promptly on bund.
Palmer appeared for the victim of leg
islative spite, who was escorted by a Deputy
Sheriff. He came up smiling, and was soon
THE OBSERVED OF ALL OBSERVERS.
As the case proceeded the malignity ot the
prosecution became apparent after Gov. Palmer
had stated that the question before the Court
■eras a very grave one, and should not be hastily
determined, for it involved the rights of the
citizen as well as those of the House, • and sug
gested that Mr. Kevins be admitted to bail
until full arguments could be heard.
'Die majority ot the prosecution ceased
to act tile role ot gentlemen. They
became persecutors. They had tasted blood,
as it were, and wanted more of it. Nothing
would do but Nevins should lie in jail over
Sunday, and inch by inch they contested all ar
guments in favor of giving him the bcnellt ot
:he doubt. Great sticklers for propriety, for
protecting the honor ot a body which has so dis
honored itself, were the persecuting managers.
Hypocritically they absolved themselves from
any vindictive feeling toward their, prisoner of
State, while not one of them save Mason was
willing that he should have the benefit ot cither
doubt or of clergy. About teu minutes after 2
GOV. PALMER ADDRESSED THE COURT,
md said
I have in my hand a return made to this writ,
the writ of commitment by the Sheriff.— but no
return has been filed by the Doorkeeper of the
House of Representatives. I think, as this case is
of such importance, if the gentlemen who repre
sent ihe House of Representatives desire addition
al time to make a return from the Doorkeeper, who
le, I suppose, the meet important official, and
whose return will present the real facts which un
derlie this case. I am not disposed to press the
matter to a hcaringat once.
Mr. Jones, one of the managers, said in.reply:
The Committee appointed just before the House
adjourned have had no time io consult and prepare
a return to the writ, and we supposed that we
have at least until some hour on Monday
to allow ua to oreptre to try this case. We shall
he ready by U o'clock on Monday, 1 think. Gov.
Palmer has stated that the Sheriff has made a re
turn. Of that we know nothing. We wish to ore
pare a return ourselves, and not rely upon a return
ot the Sheriff. - ...
Gov.Paimer—l have ho objection to the gen
tlemen named taking as much time as they regard
necessary according to their view of the public In
terest; but at the same time I feel that thia peti
tioner has ~
and if the hearing can be had at once he ought to
be relieved from the emtody of the officer
ISSUED THE FOLLOWING WRIT,
COLLINS 1 EFFORT.
u ON THE MAKE.”
A BIGHT TO BB HBUID,
THE CHICAGO TRIBUNE; SUNDAY. APRIL 6, 1879-SIXTEEN PAGES
until a suitable time for the gentleman to meet
the question, and if they ask of the Court
formally more time, I shall -at the
same time ask the Court to admit Mr. Nevina to
bail to appear to answer at the time to be fixed by
the Court, This is an application entirely regu
lar. I think, and within the discretion of the
Court, and. if the petitioner he admitted io bail,
I should favor the granting of time. Indeed, on
account of the importance of the question, more
tirac'migbt well be allowed, for this Is notoy any
means a dispute between the House of Representa
tives and Mr. Kevins upon a question of disorder
and contempt in the presence of the House, but
it is
A DISPUTE OF A YERT GRAVE CHARACTER
in respect to the rights of the House to punish a
witness and compel him to testify: a question as
to the proper practice in cases of this kind and of
so much importance as to deserve very deliberate
settlement in view of the public interests involved,
and a considerate discussion of the case and ns
careful decision by your Honor, so that I should
greatly prefer myself, if there were nothing in
the way, to postpone the matter till Monday
or Tuesday if it would suit the gentlemen on the
other side. I think, however, inasmuch as the
case is not one which involves any personal mis
conduct on the part of Mr. Nevins, but is a real
dispute as to his rights under the law, and as there
arc well-founded reasons for questioning the regu
larity of these proceedings, Ido not think the
petitioner ought to be kept In’jail to abide the
more deliberate discussion of a public question,
and therefore If the gentlemen making application
for more time will indicute when they suppose the
case can be beard to their satisfaction, I will at
the same time ask the Court io
ADMIT MR. KEVINS TO BAIL
in the meantime.
Attorney-General Edsall, counsel to the man
agers, raid: Ido not understand that the Commit
tee representing the House desire to be vindictive
towards Mr. Nevina by Insisting ttiat be shall re
main in jail. On the other hand, they have no
power to go beyond the law in cases of this
kind and consent to hia release from
the imprisonment which, from the face of
the papers, must be presumed to be legal
until the contrary has been established. This is a
Eecnliarcoae fora habeas corpus. The petitioner
as been committed on final process, or on process
issued by a tribunal which, if it has jurisdiction at
all, has jurisdiction of the quebtion of the n?gularr
ity and validity ol bis commitment, which is con-'
elusive. This Court cau undoubtedly inquire and
see whether the House of Representatives bud
jurisdiction upon the question, and if it
find th*t it had uot, then it could prop
erly discharge the prisoner. But I do
not think we can ' start out . in the
outset with a presumption against the papers each
as they must have filed with their process in this
mailer.—a presumption that the House had no
jurisdiction; and, while I have not given the ques
tion full exumiuatioD i my understanding is that in
case of a commitment by the Legislature it is
not the practice to admit to tail pending the
hearing of the question. We, ask indeed, for no
delay more than is absolutely necessary to get the
case in for hearing, and, so-far as I am concerned,'
SEVEN O’CLOCK TIII3 EVENING
would snit ad well as any time. We ask. for no
specific time longer than to prepare the papers and
procure copies of the legislative proceedings in
form Tor a suitable return. But inasmuch as the
right of one branch of the Government, the legis
lative branch, Is involved, we do uoi feel author
ized to consent to an uuudssion to bail pending the
hearing. It may be that counsel upon the other
side examined authorities aud can produce them
more fully than wo. I can only state
from general ondcrstHndin? oar position.
All we ask is that the Court snail
fix a reasonable time.’ My associate? name Mon
day. We have not yet even had tune to procure a
certified copy of the journals, which of course
would he essential to place before your Honor be
fore the case could be heard, aud- that work would
require probably an hour or two, and. since it is
Huiurday afternoon, perhaps the case had butter
go over to Monday; but or coarse we will not insist
upon that, if it is desired to work upon the case
by night we will consent to take it up tais evening.
Got. Palmer—lf your Honor should be Inclined
to hear the question to-night, we of course shall
not object.
Mr. Jones—We would like to bear the Court upon
the question of bail.
Gov. Palmer—lf there is a question noon the au
thority of the Court to bail, that question I should
like lo argue. . I have ....
NO DuUBT OF THE AUTHORITY
of the Court to bail. As the Attorney-General,
however, expresses a willingness zogoun to-mehu
there is no use of an application for bail until that
time. ’ The Sheriff is too polite and Kind, and 1
wouldn't trouble the Clerk to make out the papers
f6r so short a period.
Mr. Hdsall—lf you can produce authorities for
allowing bail in a case of this kind, that settles the
question.
Gov. Palmer—The question in every case is one
of jurisdiction. Legislatures, like every other
tribunal, have final jurisdiction, and final authori
ty within tbe scope of their jurisdiction,—that is
to say. where they have jurisdiction of the subject
and of the person, and exercise that jurisdiction
according to law. If everything were conceded
lo the gentlemen on the other side, I think it will
be found that there is uo possibility of detaining
Mr. Kcvina on the writ before the Court, because
the writ hues not pursue any authority that 1 have
ever seen. The writ of itself is contradictory.
The writ is itself
void on ns’ Face,'
in my judgment. So a court may have jurisdiction
generally.’and yet, from neglect of requisite pre
hmary proceedings necessary to oo an net, the act
attempted may be void. The Supreme Court of
this State have in a number of cases held void the
of our Court of Chancery, and judgments
of the Circuit Courts that are courts of superior
common-law jurisdiction, where they transcend
their Jurisdiction. All proceedings beyond the
jurisdiction of a tribunal are necessarily void. I
think that this writ, whatever authority the
House of Representatives may have to pun
ish for contempt, is manifestly beyond
tbe authority given to the Speaker by tbe House,
so that, without arguing what the House may do
in a proper maimer, the Speaker, by this writ, bas
done far more than tbe House has authorized him
to do, taking the recitals of the writ themselves.
For example, this writ is directed to the Door
keeper of the House, and. commands the Door
keeper to Lake the body of Frank E. Kevins and
commit it to the keeper of the Jail of Sangamon
County for a contempt of said House
of .Representatives in refusing to an
swer certain questions 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 Shonp, Sheriff aud Jailer
of Sangamon County, to receive Frank K. Kevins
into his custody and keep him in the common jail
of the county until tne petitioner shall signify bis
willingness to answer such questions us mar he put
to him by the direction of the House of Represent
atives. It is obvious that Mr. Kevins has refused
to answer certain questions, and these gentlemen
have committed him to jail, not until he shall con
sent to
ANSWER THE QUESTION PROPOUNDED TO HUT,
but “till he shall consent to answer such ques
tions as may be put to him by the House of Rep
resentatives,”—not the question he refused to an
swer, not the question upon which the charge of
contempt is based, —bnt he must pledge himself to
do some other thing that he has never yet been re
quired to do as the condition of his discharge.
The gentlemen will sec that such a writ, whatever
maybe the power of the House, properly exer
cised. can never bo sustained. A party is com
mitted here to the common jail for refusing to do
un act, and the proper condition of his dis
charge under the statute is, that when he
signifies his willingness to do that thing
which be has been heretofore required, bnt has re
fused to do. then he shall be brought to the bar
of the House. But that is not what this man by
this writ is required to do. He is not to signify his
willingness to do that which the House has
heretofore required of bim, but he is to pledge
himself that be will do what the House may here
after require him to do,—a thing which he has not
yet refused, and for which be is not in con
tempt. 1 mention that merely to show that
tbe warrant is void npon its face, if not in reality.
It strikes me that the warrant is so much in ex
cess of the authority given by the House that
ITS VALIDITr IS A grave question.
I might go" on and mention other points, but I pre
fer to reserve them to mdre deliberate con
sideration, such, for instdnee, as that the
warrant commits to jail indcliniteiy. It
dees not indicate how much the man is
to suffer for contempt, and so carries no
punishment. These various objections which
would seem to strike a lawyer at first
glance, are at least serious enough to render the
authority of this commitment at least doubtful.
I grant that in case of clear, (final conviction the
rule is that courts will not interfere except in cases
tba t arc extreme. The English rule is this. I
read irom au authority which speaks of the Court
of. King's Bench in England, a jurisdiction to
which our Circuit Courts > succeed, it being
there the court of supremo criminal
jurisdiction. “This court .by the pleni
tude of Us power * may m Us discre
tion admit persons to bail though
committed by other courts for crimes
not bailable bj' these courts, on considera
tion of the nature of circumstances of this
case, and also if a person be attainted of felony or
convicted thereof by verdict general or special."
The authority says the courts there have jurisdic
tion. but will exercise it with great care. Other
instances arc given. So if a man be convicted
of felony, upon evidence by which it plain
ly appears to the Court that he is
not guilty of It, then, I if convicted in
such a case, even the Justices of jail delivery
may pail him. I understand the rule to be, and I
shall not trouoie the Court by reading many au
thorities, that the Court of King's Bench, having
supreme control, and it cannot be said that the
House of Representatives is inferior at all.
HAS DISCRETION TO BAIL,
and very many instances are given. There are in
stances where, in case ot absolute conviction, the
Circuit Courts of Illinois have a general supervis
ion of the administration of criminal justice in
the State. and, while required in a
certain class of cases to admit
to hall where the constitutional
provisions apply and impose an imperative duty,
there is also an extensive class of cases where the
Court may, upon consideration of ail the circum
stances. admit to bail, even after conviction. • The
point is ib&l there exists in this. Court discretion
to admit to bail even after formal conviction, and
from that proposition 1 wish to draw two conclu
sions which lead to the final one that the Court in
this case ought to bail. In the first place
1 think it apparent, and my friends on • the
other-aide 3 think themselves will aee that
there are considerable difficulties In the way of
intinuininit- this proceeding, even according to
their own theory, 1 think when they come to look
into the statute on which they have acted they will
find that they hayc not carefully analyzed’ its pro-
visions. I think they will discover that, in at
tempting to conform to two distinct provisions of
the statute, tney have satisfactorily conformed to
neither; very much as if one should attempt
to follow two diverging lines,—he would be very
apt to miss both.
IN THE SECOND PLACE,
this case is one of very great public concern, and
your Honor will see by the recitals of the writ that
an important question of personal liberty is at
ptake,—the commitment of a citizen by a writ
wnich recites no authority. The writ in question
here docs not recite the authoritv of the General
Assembly as it ought to, 1 think, and. therefore,
this discussion must involve the very gravest ques
tions of public and private right. On the one
hand no one will assert that it is not of very
great importance that the House of Repre
sentatives should be fully sustained to
the very limits of the Constitution, nor
am I one of these who believe that the power of
the General Assembly should in any sense be
abridged or treated disrespectfully at all. On the
other hand, it must be at the same time apparent
that members of the General Assembly are very
often the triers of their own cases and of disoutes
involving mutters that concern personal dignity
and character where it. may be expected, unless
these gentlemen are above the ordinary frailties
ami infirmities of mankind, that more or Jess
prejudice will be exercised. Then, again, un
happily, this is one •of those cases where
no jury can sit between them and the citizens, and,
while their rights are to be respected, it must be
remembered that Mr. Nevina or any other person
in his situation
13 ALSO TO BE PROTECTED
in his attitude before a .tribunal which, though of
the highest character and entitled to the greatest
consideration, is vet 1 made up of gentlemen who
are but flesh and blood, and have passions like
ourselves, and who sometimes, in their desire to
vindicate themselves, forget to pay the same
scrupulous regard to the rights of others
whicu • your Honor may do sitting here
in an impartial position. 1 need not enlarge upon
the right of the citizen to' be protected from un
lawful imprisonment, but only ask in view of the
fravlty of the questions involved that Mr. Nevlns
e admitted to oail HI! the gentlemen on the other
side are prepared to meet this case. 1 repeat, I
have no doubt that it id within the discretion of
your Honor.*
Air. Kdsall—Have you found any cases where the
Court has admitted to ball a person committed by
eiincr House of Parliament?
Gov. Palmer—No,i air; out I find cases were they
were only prevented from doing so from regard to
the dignity of Parliament. [Smiles.] It must be
remembered,' however, -that there is this broud dis
tinction between the English system and our own.
Under our system the power of each department of
Government is defined ‘by-the deliberate and care
ful terms of written Constitutions, uud, therefore,
while in this country each department yields in no
respect to the others, each at the same time is ab
solutely independent, so that in this country no
American .fudge would dare, from his seat, ntrer
what will be found in English records, that, al
though the imprisonment of a nrisouer was un
lawful, yet, from regard to the dignity of the Leg
islature,
BE MUST NOT BE DISCHARGED.
Mr. Edsall replied: We can see that if tbeHonse
lias no jurisdiction, thill Court has, and ought to
discharge the petitioner, he did not propose to
follow the learned counsel in his discussion of the
legal question here, because it isn't an. As to the
regularity of the writ of commitmciUiand its suf
ficiency, the only question now is whether pending
this examination the Court mav relieve the petition
er from the custody in which he Is put by virtue of
the commitment by the -House of Representatives.
1 think there is no authority for anything of the
kind to be done. The '-English authorities are to
the effect that although it might be the opinion of
Courts (bat the petitioner was imprisoned unlaw*
fully, yet they would not interfere, and If they
would not discharge, then much less'would they
admit to bail, pending an examination. But this
ch»c will appear to he precise!} the same with an
otuer of which we know by common report,
where & person is now in jail, committed
there by . the Supreme Court, for
failure to comply with its mandate for contempt.—
the only reason which he can bo there, Jfow, if
that person should sue out a writ of habeas corpus
your Honor would no .doubt, grant it. bull think
your Honor would scarcely be instilled in bailing
him pending the examination of his commitment.
TUB SAMS PRINCIPLE APPLIES HERB.
We admit there should be oo unnecessary delay in
the matter, but we insist that instead uf its being
primu facie on the face uf the paper*
apparent that he must be discharged,
that priuia facie he must be
detained till the Court ultimately decides the Ic
grlitv of m* commitment, and that in the mean
time he should remain In the custody of the officer;
Certainly none of the authorities go for admitting
to bail in this class of cases. This is not only a
commltiat by a co-ordinate, branen of the Govern
ment, bat a case where the rule of first jurisdiction
appns. It is true I have not yet seen any of the
papers in the case showing definite jurisdiction,
uni that is to be discovered. We are only solicit
ous that the Court shall fix some reasonable time
to bear the case, and that meanwhile the prison cr
remain where the law puts him.
Gov. Palmer, in answer to ibe Attorney General,
read from Bacon’s abridgment on hail in civil
cases, citing that *‘ln former days, and particu
larly ut the time when Sir Edward Cone was Chief
Justice, several persons committed to the Fleet
by the Lord Chancellor were bailed by the Coart
of King’s Bench lipomcxceofiohs to the generality
of the form of the commitments. M
Mr. Jones—M’aa tuat a case of contempt?
Got. Palmer-In the Chancellor case it was con
tempt. He continued reading: * 4 Also one Gran
ville, who was generally committed by the com
maud of the Lord Chancellor without setting forth
any case of such command, scorns to have been
bailed noon examination of the merits of the de
cree for disooeying whereof ho was in truth com
mitted. whereby it aopeared that the decree re
lated to a matter before adjudged at the common
law, but this proceeding being resented by the
Lord Chancellor, the 'said Granvjllc was after
wards recommitted by nim for the same matter,
and yet was on another habeas cornua bailed a sec
ond time by the Court of King's Bench. These are
the authorities, and the Court will observe that no
snch rale as governed in England can apply in this
country, where the authority of eacn department
of Government is so accurately defined.
The discussion here closed, and
THE COURT RENDERED ITS DECISION
as follows:
The petitioner, it appears, has been convicted
by the House of Representatives of a contempt,
and committed to the Jail of Sangamon County,
and the question to beoetermmed is as to the
locality of his conviction and commitment. In
order to give counsel more time for preparation of
the case to be heard, it is asked that the
hearing may be postponed to some day next
week. lam not disposed to relieve the petitioner
from imprisonment until the question is deter
mined as to the lawfulness of bis conviction and
commitment, but if it is desired I will set the
matter down to oe heard this evening or Monday,
just as counsel may agree. Perhaps, if petitioner
insists, the case had belter be heard this evening.
In spite of a demurrer from Mr. Jones, who
wanted the case put over to Monday* the Court
ordered it to be set for 7 o’clock in the evening,
and the managers filed out of the court, fearing
that the Judge would deprive them of their
Sunday victim.
THE EVBNTN’G.
CONTINUATION OP TEE ARGUMENTS.
Special Dispatch to The Tribune.
Springfield, 111., April s.—At 7 o’clock the
historical old structure formerly the Capitol
building of the State was pretty well crowded
by citizens of Springfield and members of the
Legislature. The Representative chamber was
used for the purposes of the inquisition. The
gallery was filled with ladies, and the lobbies
were appropriated by the great unwashed of
Springfield.
The managers on the part of the House, with
the
ty and took their seats at the table in a row,
forming an array of dignity seldom before wit
nessed at the Capital of the State. Judge Zone
arrived in due season and took his place on, the
bench, when proceedings shortly began.
THE PRISONER CAME IN
and quietly took a seat beside Got. Palmer, his
counsel. The began amid the
awful silence of the court-room, which pressed
upon all present with the majesty of a great
trial. The dignity of the people of the State
of Illinois lu its representative capacity had
been insulted, and was apparently now about to
be vindicated with terrible consequences. The
skirmishing in the beginning developed the evi
dent desire on the part of the Attorney Gen
eral and the managers to punish the corre
spondent by detaining him in the Sangamon
County bastile over Sunday, and not to vindi
cate the honor of the House.
Gov. Palmer gave notice that his argument
would occupy at least two hours, and, as it was
then 8 o’clock, the gravity of the principle in
volved required that the hearing should he post
poned until Monday morning. The correspond
ent in the meantime should be admitted to bail.
Any reference to the word 44 hail ”
SEEMED TO MADDEN TUB MANAGERS
like the shaking of a scarlet handkerchief at a
Spanish bull. They would listen to nothing ofthe
kind; they were willing the proceeding should
be postponed, but they, had no Idea of letting
the man out of jail who had compromised their
honor. 44 Oh shade of Carter Tracy, what sen
siiitiye reputations these men bear!”
The proceedings began. Mr. Palmer opened
the cotillion, and said that he desired to amend
the petition by inserting the words 44 that he
bus been held more than twenty-four hours last
past.” The petition was so amended, and Mr.
Mason, on behalf of the respondent, read the
return of the Doorkeeper of the House, which
embraced the resolutions appointing the Com
mittee, its report, and all the subsequent pro
ceedings thereafter. Mr. Palmer then
MOVED TO DISCHARGE THE DEPENDANT
on the return then stated. As it was 8 o’clock
and he should take up considerable time, he.
thought it would be better to let the matter go
over to Monday morning, If, In the meantime,
the gentlemen representing the respondent
would • consent to Mr. Kevins 1 release on bail
during that time. This was refused by the
House managers.
Mr. Palmer then stated that he would pro
ceed, bat would expect that no limitation be
placed on bis time in presenting his case. He
began his argument by referring to the three
independent branches of ine State Government,
and read that portion of the Constitution which
gives the branches of the Legislature power to
punish bv contempt. He then read from Field
vs. The People, in 3 Scammon, as illustrating
the construction of the Constitution as being a
limitation of power. Therefore, then,- the Leg
islature is permitted to punish lor contempt anv
person not a member who shall be guilty of
disorderly or contemptuous conduct In its pres
ence for a period
NOT EXCEEDING .TWENTY-FOUR HOURS.
Any attempt to exceed that power must be void,
lie then read at length from the statute gov
erning the practice under habeas corpus pro
ceedings, and followed this by reading the war
rant ot commitment. This warrant, he said,
the Court would observe was absolutely a limit
lesssenteuce. The statute specifying the man
ner in which the Legislature shall'proceed in
matters of contempt appeared to give some
authority lor a warrant like. this. But this
statute must be read in connection with ttye
Constitution on this point, and he illustrated
this principle of construction by Supreme Court
decisions. Hence, a writ drawn as this was, and
which In effect commits the witness till ad
journment of the Legislature, was void, and
it is in violation .of the Constitution. He then
read the resolution of the House to the Door
keeper, directing him
TO HOLD THE WITNESS
until ne should signify his willingness to the
Doorkeeper or Sheriff to answer certain ques
tions, and inquired if any Court [and the House
claims this to be a judicial proceeding] could
make an order committing a man to the custody
of another until be should do some act which it
belonged to the Court alone to do. He in
sisted that this was the effect
of this warrant, and that the' House
had turned the matter over to the Doorkeeper.
He was to take the duties of the House, and
nold the witness in confinement until he would
answer the Doorkeeper's questions. Counsel
then read Secs. 7 to 11 of the law regarding
legislative contempt, and said that the opposi
tion claimed that tiie tenth section permitted of
un limit eJ Imprisonment. This he denied. He
believed that the House had no power to
prolong nu imprisonment for more than twenty
four hours, unless the witness persisted iu his
contumacy', and further, the House had no
power to delegate its duties to either the Door
keeper or Sheriff. It was enough Unit the
House could commit the citizen, but it was
asking too much that the House could transmit
its own power to an outsider. Persistency of
contempt is the only cause for which a con
tinuance of imprisonment may be made. The
continuance can only be determined by the
House, not by a Doorkeeper or a Sheriff. The
warrant directs Uiat he be imprisoned
UNTIL EE CONSENTS TO OUCV,
but this must be coupled with the limitation of
twenty-four hours. Niether the .Doorkeeper nor
the Sheriff find any signs uf repentance, and
hence, according to uic warrant, they may keep
him in custody until the adjournment of the
House, and counsel stated that the Legislature
has made arrangements to star all summer.
Mr. Palmer stated that the commitment was in
violation of law because Mr. Ncvins was sent to
jail to remain there until tie was willing to an
swer all questions that might be propounded to
him. This is an absurdity, because the House
has no right to ask tor an;* thing more
than Ncvins had already refused to answer,
In other words, Ncvins must part with every
right as a citizen before be can get oat of jaif.
That is Uie pledge the House wishes to ezuci in
its judgment, which is
A SHAMEFUL VIOLATION' OP THE LAW
and Constitution,
Mr. Jones, of,the Managers, said the first
point made by counsel was a constitutional one,
and if well taken settled the case. The second
was the validity of * the ju Igment of the
House, and this was outside ihe jurisdic
tion of v the Court. The two sections
specifying the duration of imprisonment
do not go together they are separate
and distinct, and must be so regarded. The
term of imprisonment continues just so long as
the person iu contempt persists in it. The law
does not require the House to visit the jail to
ascertain U Mr. Ncvins be willing ro answer the
questions. If he be ready to do so he can notify
the House just as ho would the Court. 'lf the
Legislature has jurisdiction over the subject
matter, and the body of Ihe witness, its action
cannot be reviewed by any court. Right or
wrong, . the judgment; must 'stand. The
warrant was in strict nccbtdance with the judg
ment of the House. To corroborate this asser
tion, Mr. Jones cited the case of Charles H.
Reed, in which the Supreme Court decided ad
versely to that gentleman in a case somewhat
similar to that of Ncvins. He also referred to
the Ralue case, in which Paine declined to an
swer at an investigation of an alleged printing
steal, and his application for release on a habeas
corpus was denied by Judge Zane. The Legis
lature had the same power in contempt cases as
the cou r t, and it need not be conferred by the
Constitution.
MASON, OP COOK,
after disclaiming any personal feelings on the
part of the House, was of the opinion that
Kevins committed himself to jail. He pleads
his professional honor, and for that the Sacaker
respected him, and were he in Kevins’ place he
would do the same thing, and would star in
jail five years if necessary. Nothing but Kevins*
professional honor stands between his freedom
and an investigation of a serious charge pre
ferred against a member of the House. Arc the
people’s Representatives to remain under a cloud
merely to protect Mr.Koyins’ professional honor !
The members of the Legislature are at bis mer
cy, for he only has the key by which the door
now concealing the guilty Representative mar
do opened. He hoped the contumacious wit
ness might stand committed until he shall
choose to divulge the knowledge sought for.
COLLINS, OP COOK,
advanced nothing new except to fathom the In
tentions of the framers of the Constitution.
What he thought about them was not very
clear. Ho referred to Blackstone, and then said
that Kevins was bis own jailer.
ATTORNEY-GENERAL EDSALL
contrasted the contempt sections of the Consti
tutions of 184 S and IS7O. In the former it was
provided that the prisoner must be brought be
fore the Bar of the House every twentv-four
hours. The inconvenience of the provisio’n was
so obvious that it was modified by ihe later
Constitution. Under the old Constitution the
Legislature|wouldJhave to sit on Sunday to com
ply with the law in dealing with contempt
cases. Mr. Edsall ilhcn went on to show
that under tile present Constitution this
power of the Legislature has been enlarged. In
these contempt cases the relator was committed
till he elected to comply with the demands of
the House and In strict compliance with the
Constitution. Mr. Edsall then proceeded to go
over the ground covered by the other members
of the inquisition, and concluded with the hope
that the Court would consider the matter.as a
res adjudicata.
MR. PALMER
said that In concluding His argument he would
coniine Dimself to the point whether a Legisla
ture has a right to punish lor a
persistent contempt. He read au
thorities 'Holding that a commitment
must be for a deiiuite period of time. The wit
ness, he claimed, was not committed by this
warrant until he answered one question, or any
specified questions, but until he should answer
some other question not yet put to him before.
Therefore he could not be in contempt, and Mr.*
Palmer denied that the Legislaturc'could com
mit a citizen to prison for not answering a ques
tion that was never put to him, and he Insisted
that no commitment could be had but for a
definite period of time. Such was not done
here. He knew bow delicate a matter it was for
the Court to decide that these gentlemen had
made an error, yet ha wanted to sav that the
liberty of the humblest citizen was of infinitely
more concern than the reputation of all the Leg
islature. [Applause.] is it not much safer to
adopt that construction of the law and the Con
stitution which requires the Legislature to com
mit for a specified time than to leave the period
of confinemcnlr’to the .general phraseology oi
this writ, which reads, 4 * until he signify bis will
ingness to answer such questions as may be out
to him ”1 He concluded by saying that it
seemed to him any oilier constructiorTtban the
one be bad indicated must place a power in the
Legislature never contemplated.
THE DECISION.
REMANDED TO THE COCNTT JAIL,
special Dispatch to The Tribune.
Springfield, April s.—The Court then asked
the bailiff to pass up the Statutes, and began
reading the constitutional provisions regarding
legislative contempt in Sec. 9. Art. 4, and also
the act of the Legislature approved Feb; 23,
1874, giving the construction to that clause of
the Constitution. He then said the question
was whether the provisions of the Constitution
will bear the construction which the Legislature
has given it. The stature contemplates that
a person refusing to answer questions may be
committed until be signifies his willingness to
obey the requirements of the House. The
statute did not contemplate a case where the
witness should be brought to the bar of the
House at the expiration of twentj’-xour hours to
refuse to fcnswer. The statute-contemplated a
case where be refuses to signify bis willingness
by making it known to the House either by
A WRITTBN COMMUNICATION
or by a statement to the officer baying bim in
chanre, and communicating in that way to the
House bis willingness to obey its requirements.
If the party signified his willingness to the of
ficer having him in custody, and such officer
fails to communicate to the Mouse such willing
ness, such officer would be guilty of
a breach of official duty, and
would be liable. The party ought to
have his remedy. What that would be
it is not necessary forme to determine at this
time. lam not now willing to assume that the
officer would so act. The statute seems to con
template a case of that kind, because it says,
‘•upon signifying his willingness to obey the
House,” be should be returned to the House.
That- being the provision of the Constitution
and the construction of the statute
I am not disposed to violate that
construction. 1 think that disposes
of the constitutional question raised in the
warrant in this case where the record shows the
precise questions which were asked, and which
the petitioner refused to ikiswer, and having
refused, and on which the House adjudged him
guilty of contempt. The warrant
DOES NOT SPECIKT THE QUESTIONS
that were asked, but directs that' he shall be
committed until he expresses his will
ingness to answer such questions as
may be required of him by the House.
If the witness were to express a willingness
to answer all questions that were asked him,
then I should be inclined to think he would be
entitled at least to be taken to the bar of the
House, and he woulunot be liable to any further
iranrisonmeut unless he should be guilty of
another contempt, and unless be re
fuses to answer some oilier ques
tions. In case he should express a
willingness to answer questions as shown by
the record be would be entitled, I think, to be
taken to the bar of the House. If the House
were to continue the imprisonment after the
party had expressed a willingness to answer
any questions that might lie pat to bim, that
would be wrong, and he tyouiil have his remedy;
but I am not authorized to disenarge a person
committed, as this petitioner has been, for con
tempt
FgR ANT TECHNICAL DEFECTS
of the warrant. If it was an ordinary case,
where he was committed upon au examination,
and there- was a defect in the mittimus, the
Court might make out a proper mittimus and
recommit him; Due in thisjease 1 don’t think the
Judge would have the right to make out
the mittimus to commit this man. To
say the least, this warrant is somewhat
defective. It ought to specify the cause of
commitment, aud ought to specify that he was
committed until he would express a willingness
to answer the questions which were asked him
by the Committee, or by the House, and not to
answer any such questions as he might be re
quired to answer. The General Assembly
would have the right to commit a person for a
failure to express a willingness to answer any
such questions as might he propounded.
The substance of this casf is that he was com
mitted for-the refusal to answer the precise
questions stated la the record. He is commit
ted until he expresses a willingness to answer
those questions. 1 am disposed to regard him
as being now detained- and imprisoned for a
failure, to answer those questionns .that
are asked him, —those specific questions. If it
was otherwise, and he was imprisoned for a
failure to answer any such questions as the
Legislature might choose to hereafter ask him,
I would be disposed to discharge him. •
TUB PRISONER WILL BE REMANDED.
The decision was a general.disappointment to the
audience, who bad carefully followed the argu
ments for nearly lour hours. In the delivery
of the opinion the Judge was painfully slow,
and it was not until almost through that those
present began to understand it. The managers
were supremely happy over the result, and no
doubt resolved in their mmds to- be virtuous
and happy hereafter.
CONFIRMATION.
O/vjirt.'frA In Tht Trite:'-*. .
Circuit Court Room, Springfield, HL,
April s.—Have beea held bv ihe Court.
Frank E. Nevxns.
Sn'cfnt Dtopatcb to 77)0 Tribune.
Sangamon County Jail, Springfield, 111.,
April s.—Am in favor ol an early adjournment!
Frank E. Nevins.
OTHER OPINIONS.
M. F. TOLEY.
A reporter met Mr. M. F. Toley yesterday af
ternoon and asked him what he thought of the
action of the House in imprisoning The Trib
une’s special correspondent at Springfield.
Mr. Tuley referred to the Constitution
in his usual cautions manner, and
. then said he did not find any provision
therein to authorize such action on the part of
the House. Sec. oof Art. i of the Constitu
tion was the only authority on wnich the House
had to rely. It was a dangerous precedent to
cstahlish, and there was no necessity for any
such power under this free Government. There
was no country where there was such a great
necessity for criticism of legislative bodies as
this. Free criticism furnished the greatest
CHECK AND PREVENTIVE AGAINST LEGISLATIVE
corruption
that could be devised. The übiquitous reporters
were the special dread of corrupt legislators,
and, though they sometimes were a nuisance In
delving into a man’s private affairs, they were
an excellent chccK and safeguard in the com
munity. Many a fraud would be committed
but for them, and many a fraud that was com
mitted would not be found out but for their
energy and persistency. He therefore thought
the action of the Bouse in the present instance
was both unwise and unwarranted.
SIR. VAN ARSLAN
was of the same opinion. He said the power of
commitment did not extend to a case like the
present. A court of law, either civil or crim
inal, could not go to that extent, and certainly,
then, the Legislature could not. Moreover, it
was an illegal proceeding, becausc.it would sub
ject the party imprisoned to penalties if he was
compelled to answer.
SIB. E. B. M’CAGO,
on the other hand, thought the Legislature bad
the nower to do as they had done. Public wel
fare demanded that such a charge of bribery
sbould not have been made unless the corre
spondent was willing to take the chances.
Either he should not hare made the charge or
he should have disclosed the name of his in
former when asked. The fact that a libel could
not be maintained was unimportant, because the
matter went much farther than individual rights
sr wrongs in principle in its effects on the pub
lic at large. But he bad not looked at the ques
tion as to the right of the Legislature to im
prison a person who refused to answer ques
tions. He bad a general idea, however, that
there was such a power, and an impression that
the present was a case in which the power
should he exercised it It existed.
RESTITUTION.
■William H. Vanderbilt Pays 857,000 to th«
Daughters of Horace Greeley, Money Loin*
•cd by the Great Journalist to His Brother
Cornelius.
Special Dispatch to The Tribune.
New Tors, April 5. —William H. Vander
bilt to-day paid the sum of 857,000 to the
daughters of Horace Greeley. This was the
amount borrowed from Mr. Greeley many
years ago by Cornelius H. Vanderbilt. The
Commodore refused to recognize the
claim, and once bad a characteristic
interview with Mr. Greeley about
the matter, in which the railroad millionaire was
badly worsted. He made no provision for the
debt in his will, and the daughters would not
have been able to collect the claim, even had
they been disposed to make one. This action on
the oart of William H. Vanderbilt Is
considered a part of the general settlement of
the financial affairs of the family as a result of
the close of the various suits and the will con
test. In any case, it is just to the daughters of
the great journalist.
OBITUARY.
Special Dispatch to The Tribune.
|Fort atne, iud., Aoril s. —Mayer Eppstoin
died here last night, aged S 3. He was for forty
years Professor in the University at Hechingep,
Germany, where hundreds of Jewish Rabbis
were educated. Deceased was a Hebraic and
Oriental scholar of rare attainments. The
funeral is set for Monday afternoon, •
A favorite coaghremedy. For colds, sore throat
asthma, catarrh, ana other diseases ol the bron
chial tabes no more useful article esn be found
Troches!" ■ Bl °“ lual
FOREIGN.
Cambridge Wins in the Annualßl
- Collage Contest on tha |||
Thames. jpi
n
Egypt Slaying the African Slave, iff
Traders by the Thou- B
. sand. i|i
4. Cordial ‘Welcome ftom Pops Lao
to Queen Victoria,
Another List of Pardons for Convict |||
Communists. 'HI;
COLLEGE BOAT-TIACE. M
CAMBRIDGE WINNERS. Ik*
London, April s.—As was generally antfei.B|
pated, the University boat-race to-day was wojPS
by the Cambridge crew.
In the toss for positions Cambridge took the
Middlesex shore, while the Oxfords rowed oj l||i
the Surrey side of the river. ||||
BEFORE THE RACE. |||
The thirty-sixth race between the Oxford ami |||
Cambridge University crews for the blue ribbon B
of the Thames came off to-day over the regulsr 111
course of four miles'and two furlongs, ton i||
Putney to Mortlake. i||
It brought together the usual immense con- pi
course of spectators. jg||
The banks of the Thames on both sides wea
crowded with a vast, moving throng of specU.
tors.
Many of the aristocracy occupied seats In car
riages an advantageous points along the course,
while the press and um oires’ boats and other
craft on the river were filled with an interested
crowd.
Several of the nobility were prepent.
The weather was bright anti clear; a slight
breeze prevailed, but not sufficient to roughen
the water*
Everything was propitious.
The result of the race had been anticipated in
the betting, which, from the beginning of the
practice, had ruled in favor of Cambridge.
TITC SPECTATORS.
Long before the hour of starting the polici
cleared the river of all small boats, nml with
much impatience, but without any manifesta
tion ol disorder, the crowd awaited the start.
Shortly after 11:30 o’clock the crews put on;
from their respective quarters and took posi
tions. At the signal both boats took the water |
together, and evidence was at once given of a \
close and exciting race, though heavy odds were
still offered bn the favorites. The work done
by both crews showed excellent training. |
THE RACE. is
The Cantabs pulled a very powerful oar, the Bg
stroke-oar keeping his crew well together. The SB
Oxfords also rowed well, but a failure to recor- Sg
er as qulckly.as their opponents was notice- ||i
able. From the start to the finish Cambridge El!
was never headed, but the Oxfords rowed » js|
plucky, stern chase. At the first half-mile the |||
Cambridge had a slight lead, which they main- |||
tained without extra efforts to the soap-works, H
where both crews spurted, and the Cantata pi
passed under Che Hammersmith Bridge with Ip
the Oxford hanging at their stern. Both wers
pulling beautifully, and the crowds on theshore p|
were wild with excitement.. But little change |||
was made in the relative positions of the crews |||
until at Corney. This reached two and a half |||
miles from the -start, when the Cambridgs
spurted and led by nearly two lengths. ||*
DESPERATE STRUGGLE.
The dark blues struggled hard to reduce fbs lii
gap, but the Cantabs, pulling their long, power- |p
ful sweep with machlne-like motion, held their ||*|
advantage. Just before reaching Barnes’Bridge |g|
three and one-half miles from Pntney, another g||
fine spurt occurred, for the fiual > struggle JS|
of the race took place; ind the traits
and staying qualities of each were disbl&ved.
The Oxfords forced the pace, and a gallant ’ f
struggle ensued as they drew dose to the stern
of the Cantabs' shell, but the effort told plainly
on them, and passing the bridge Cambridge re- fe
covered her ground, the crew pulling as vigor- Ig
oosly as at the start, and showing wonderful |J|
staying powers. The Oxfords now showed evi-I||
dent signs of exhaustion, but pluckiiy continued
the struggle. The effort was fruitless, the Cam
bridge increasing her lead, and winning the nca g|
by over two lengths. ’ |||
A WELL-EARNED VICTOItT. |p
Before the start to-day odds of ten to on# |pl
were offered on the Cambridge men with few
takers. The predictions of a il walk-over ” wen fr; -
not verified, as the race proved close and nncer- f,, ■-
tain until towards the finish, when the advan- * =
tage of weight and staying powers gave the 1 •
Cambridge a well-earned victory. <r -
The. time of the race was 21 minutes and IS >
seconds* '
AFRICA.
1 BATTLE WITH SLAVEBS.
Alexandria, April s.— On the day after tin j. .
battle between the Egyptians and the Arabs, f
under Suleiman, 5,000 deserters came to they;-,,
Egyptian camp. The Egyptians followed the jt y'
retiring enemy and killed ten chiefs and
more men, and were still In pursuit at the tatipi
advices. The capture of all the slave depots
considered certain. Rj
CETEWATO’S POLICY.
London, April s.—Cetewayo’s wish for
is said to be a mere pretense to gain time until l|t|
tne harvest is gathered. Only uneonditionil py
surrender will be accepted.
TURKEY.
A PROTEST.
Constantinople, April s.—ln the Council df-
Ministers, the Grand Vizier, Kheredden Fasti, Sf '-
protested against the Sultan’s proposal to ban- P-.":
ish without trial a number of persons suspected .■
of plotting against the Sultan. - .pv
THE NATIONAL DEBT. fcy.
Constantinople, April s.—The Grander
Vizier has begun negotiations for the convent* j:v'
of the Ottoman debt contracted in England and i&k-
France. The basis of the scheme is the assign- Hjy•
ment to each country of a share in the customs
revenue to be collected under the control of its
English and French delegates.
STVTTZERLAUD,
ST, QOTHABD T CNN EL. ■
. Geneva, April s.—The contractor for the St - ■
Gochard tunnel announces that he feels 00* *:
strained to partially slopwork, as be farccdT’ .
Ing 800,000 francs less per month than was %
ulated should be paid.
COMMUNISTS. ■I-'.-
Geneva, April s.— French refusees declirt
that they have not refused amnesty, but coo*
plain that some of the Ambassadors and Co** jfv
suis require them to ask pardon, K-'
GREAT BRITAIN. . ft
DUTY ON COTTON GOODS. P|(
London, April s.—ln the H ouse of Conunoct
last nignt, after the debate on the Indian
goods import duties, an amendment, that it& p?a
inopportune to deal witn the question, was f* -
jected—239 to 19. A motion offered by ®I yf
Stafford Northcote, that the House accent? pr?
proposed reductions as a step towards Mth
abolition, was then adopted. ‘
GERMANY.
. EXTRA DUES. " tfe
Hamburg, April s.— Bismarck intends h) 13"
pose extra dues upon ships carrying tort®
flags. . :
died.
Berlin, April s.—Heinrich Wilhelm Do* f
the meteorologist and writer, is dead, ■
ITALY.
THE MILAN DISTURBANCE. , .1-
Some, April s.—The Chamber of DeP’lyr -.
233 to 37. adopted an order of the day
ing no opinion on the conduct of the GWJ j $
ment with regard to disturbances at Mila®ill.’
elsewhere,-though- Premier Depretis : ' J i
that the Government could not consider-'"' -
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