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A PRISON SELL.
Another Day of the Quixotic Crusade at Spring field, 111. The Ninty-slx Succeed In Detain ing Nerlns in Jail Over Sunday. Ex-Gov. Palmer Ably Demon strates the Thinness of That Writ. Mr. Etlaall Performs a Great Feat in the Hair-Splitting Line. The “Prisoner” Sends His Com pliments to .the Legislature in a Spicy Card. Somo of Tbolr Peculiar Antics In St. Louis Laid Bare to Bilbllc Gazo. xho Bright and Humorous Bids of 1 Prison Life ns Pictured by tho Defendant. IK .THE JAIIi. THB FIRST* NIdUT’S BXtERIBNCB OF MU. KEVINS..',. Special Dispatch to. The Tribune. Banoamon County Jail, Sphinofield, 111., April 6.—At 0 o’clock a. m. business began In this caravansary. The forty-live prisoners, crowded into the narrow quarters which would afford scanty accommodations for eighteen, bo can to get restive. They , were still locked In their narrow cells, but they commenced shaking the bars and shouting backwards and forwards to one another with the vigor of steam whistles •t midday. Of course this was destructive to pleasant dreams, and sleep soon fled from the downy couch on which the-reporiorlal corpus loy. After listening .to ' snacbefc ’of song from these matutinal ■ warblers for on hour or more, mixed • with the noise of sundry kicks, yells, ami shuffle*,’ the news paper man arose, peeredi through.the massive blinds of his sumptuous apartment,' arid reflect ed upon the sweet security of sleeping In a place where It was Impossible ’for any dciriohs' of tlio nlcht to break In. There Is no fear of burglors, oud no oporcbcnslon of finding one’s ponts in the buck olloy in the morning. The Sangamon County Jail has been so Improved during the long gray years of Its existence as to make it entirely burglnr-proof. The con vonlenccs for taking a morning stroll are, however, not worthv of enthusiastic commendation; they are bo limited. Indeed, that some ot ray companions have not boon out for a walk lor some months. The Sheriff’* Wife INVITED MB TO BREAKFAST with‘the ‘family, which hospitality was gladly accepted. Tho other prisoners luxuriously took their morning meal In their chambers. After breakfast Jack Allen looked over tho Jail-book and called upon Charles Wilson, n Chlcngo tramp, to cornu down, a summons wnleh & strong-limbed,, black-hoircd, healthy young man obeyed with an alacrity which showed thut ho bad some Interest In the proceedings. Ho d completed a forty-days’ residence at tlio Bastilo, to which ho had been consigned for vagrancy. Being always on tho alert to detect the cur rant of opinion, the newspaper man INTERVIEWED TUB VAQRANT. “Who oro you!” , “Charles Wilson.” “ What do you dol” “Nothing.” ■ “ What do you think of tho Thirty-first Gen* ;ral Assemblyt” “ I tblnk they aro tho worst lot of tramps that sver disgraced tho State of Illinois.” “Were you over a member of tho Legisla ture!” “No; but I have been to tho Penitentiary.” . * “ Where do you live!” “Nowhere.” ' “ How long have you lived therol” ’ “Alwoys.” . “ Who Is yourcandldate for Governor in 18801” 0 “ Whore oro you going to got your dinner!” ' “At Wiggins 1 .” “Who Is your lawyer!” “ Suing.” “How did you pay him!” “Brass Jewelry." “How do you like this hotel!” “Bad. it's THE WORST JAIL IN ILLINOIS.” “ What's your name!” “Frank Kevins.” “ What are you lu for!” “Contempt.” “Contemot for what!” “Tho Legislature." “Whoa aro tho balance of tho people of the State going to bo brought here!” “Can't say; they arc all liable.” Before this interesting’dialogue could be eon eluded, Goo. Smith, tho Treasurer of tho State, and Guy Magee called, and Charles Wilson walked off to enjoy bis liberty and contemplate tho uncertainty of sublunary things. “Here, Frank,” sold Magee. “ What's that!” “Lawrence & Martin's hand-made cure cop per-distilled sour mash, ono pint—drink.” “Shake; take a cigar, Guy.” “ Where did you get those I” “Frommilitary headquarters; Goo. Hilliard tent them. TUB ARMT 18 WITH MB.” Gen. Smith—“So am I,” • Next came Walter German, a Senate page, with a bundle of pencils, pens, and stationery, and the compliments of James 11. Pad dock, Secretory of tho Senate. “Ruddy,” of tho OloU-Demoerat, camo limping In on his lame flutter. Qou. Thomas of Cook, Mason of Cook, John H. Obcrly, Representatives McKlnluy, Judge Moses of Jacksonville, tho lion. Mr. Gordon of Pinkocyvlllo, the lions. L. B. , Crooker, Jsmes Herrington, Dan Ray of tho . x/tfrr-Ocean, Clarence Paul of tho Springfield .. Jou ™ a( ' JlmDlgghwof tho Mala 11/gbUr, Wal tor Tanquarry of the Mata Journal, Col. Met rlam, Collector of Customs, Col. Frew of Ford, apd a number of other gentlemen called during Urn day to Inspect the Jail, comment upon the situation, and condole with tho reporter. Then Mrs. Wharton, of Berlin, Sangamon County, called to see her son, and the reporter was an Involuntary witness of A TOUCHING INBTAMCB OF MATERNAL BOLICJ TUDB and filial affection. Grant Wharton, of Berlin, a lad of 10, recently organized a scheme for rob bing a drug-store, and with a companion named Payne successfully carried it out. The boys were caught, locked up, and are awaiting trial. “Ilowaroyou, mammy!' l exclaimed Grant, looking through tbe barred door at his maternal ancestor. “Good morning, sonny; do you wont to eel out! 1 ’ >■ ■ “Yes; this a touch place. IT’S TOO NBAU TUB LEGISLATOR*. Members bavo been hanging arouud here all day, with their breath smelling of whisky. It'a ag gravating." “ Grunt, I want you to bo a good boy, I am going to Bond von to tho Reform School *t Von* tloo until you arc of age.* l “ Dnmfl go there 5 I’d rather plead golltyof burglary nnd robbery nnd go to tlio Legislature for a year nnd be through with It. 1 could get the Governor to pardon me out.” Mother—” I hope this may prove a lesson to you.” Son—" Got any rum!” Mother—” No." Bon—” Go and get some.” Mother—” What for!” Son—” 1 want to got drunk. That’* the way legislators do.” You must not bo like them. .i’d rather bbb tou.dead.” ' After aotnu further conversation about family affairs, not of bd Interesting character to the general reader further than that tho old man had attempted to break n mule’s will, nnd had stuck up on the blacksmltn-shop a card an nouncing that ho would bo back in two weeks. William O/Tavlor nnd Willis Hawkins, tho first nnd second clerks of the House, failed, and looked through the square trap-hole In the door, and asked to bo admitted, whereupon Mrs. Wharton walked out with an empty basket on her arm In which aho had brought some provisions for her son. While In the court-room to-day, Miss Ella Jackson tmdMlsi Maud Hoyt, two small pages, aged about 10 years each, handed a boquot to the prisoner as A TOKEN OP TITBITt BTHPATHT. These little misses were crying yesterday when Tils Triuunb correspondent was dragged off to Jnll, and waited upon the Doorkeeper of the House with the request that ho wouldn’t allow It. Thcro seems to bo a great deal of con tempt abroad In Hie Slate at the present time, Mr. Nathan M. Barnett, of DoWitt County, being a fellow inmate of the jail. The object of Mr. Barnett’s contempt Is the Supremo Court. Ho had the misfortune to bo elected a Supervisor, nnd os such, In the presence of Dm Court, refused to sign some railroad bonds. Mr. Barnett tms been confined hero since February for contempt. In thu meantime his term of office has expired, and yet MB LANGUISHES IN JAM, Such are the privileges of a free country and an untrammoled press. The following dispatch bos Just been received, with many more during the day of a similar character: Wbnona, 111.. April 5.—1 glory In your pluck. The people hold tbo Legislature in contempt, not you. Cadbt Taylor. Col. Sharp, the Sheriff, and Ids family have extended every facility within their power and consistent with duty to your correspondent. MB. KEVINS’ CARD. A SCATHING DOCUMENT. Special Dispatch to The Tribune. Springfield, 111., April D.— County Jail, Sangamon Co., 111., April s.— To the Speaker and Gentlemen of the House of Uepresenlal vee: In my published dispatches to Tnc Chicago Trib une from Springfield, I have hinted at some of the vices which havo disgraced your body. I have by no means told all the truth; but, per haps for the reputation of the Thirty-first Gen era) Assembly, and tho honor of tho State, enough bus already been said. Yet I feel con strained to add that there was a tlmo when it was esteemed on honor to sit In your House; but there are honorable, hlgh-mludcd gentle men upon the floor to-day who feel humbled by tho conduct of some of their fellow-membors, mid are ashamed to bo there. Members of the General Assembly havo visited tlio newspaper olQccs la Chicago with STORIES OF JOBS AND ERIRERT which have caused tho editors of those papers to suppose that this Legislature was little less than an organized banditti preying upon the Interests ot the Slate, and havo begged the press to stir up this frog-pond of 111th, covered with the green scum of corruption. It .Is a well-known fact that the dens of .rice with which this city is crowded are nightly Oiled with members of your body. For evidence of this your Investigating Committee have bub to call upon the police of Bprlugflcld, or the gamins, guttersnipes, ami tramps who Infcstthe town, or upon TUB DLEAU-BVBU BAWDS wlio aro tho partners of tlielr commerce, among whom these facts are notorious. From tlicso places of Infamy they straightway hlo and scat themselves at tho social hoard among the wives ami daughters of the best citizens of Spring field. It has been stated In the nature of complaint against tho press that the people of Illinois are beginning to think that the Thirty-first General Assembly Is a vagabond, worthless hodv. The press Is not responsible fur any (11-opluton the people may have of It, for tho reason that noth ing has yet bean published In any newspaper that these members have not said of themselves. it bas been said by a member of the House (Mr. Scruggs) that Tnu Tribune bas always been engaged In stirring up Investigations, mid that Mr. Joseph Mcdlll, Us chief editor, would never forgive this Legislature for elect ing John A. Logan to tho United States Senate, it seems strange that tho honor of this house should bo so suddenly wounded when IT IB NOTORIOUS ON TUB STREETS OP SPRING- riRLD that acts a hundred fold moro disreputable than anything which have yet boon published are occurring, and when tho current opinion escapes criticism that the Speakerof the House bartered his. vole for United States Senator for the position ho now holds. I have neon called upon for the source of my information. Wbot 1 -know was given to mo by a gentleman of the House, whoso voracity is un impeachable and whoso standing Is ns high as that of any, under tho strictest pledge of sc crosy. If an exposure of some of tho notorious practices of the members of this Assembly Is seeking self-martyrdom, as the gentleman from Coles (Mr. Neal) has asserted on the floor of Urn House, theo I acknowledge myself open to tho .charge of socking self-martyrdom. The gentleman from Coles also says: “It seems to bo the business of newspapers to make promis cuous charges.” Probably he considers Hint thu publication of tho names of the mombers of the General Assembly who recently made the tour of thu bawdy-houses of Bt. Louis was n promis cuous charge 1 Frank E. Kevins, Correspondent Ciucauo Tiuuume. HABEAS CORPUS. TUB APPLICATION VOIt A WRIT. tipwlat piwitrh to TJia Tribunt. Spiungpibld, March s.—Tho Incarceration of the corrcsjtomlcnt of Tub TmnuNH In tho com mon Jail of this county on a pretended warrant Issued by Speaker James, of the House of Representatives, Ims created a sensation which promises to be ot more than ulnodays* duration. Tho correspondent passed the night very com fortably la the Jailer's office, und this morning was called upon by a number of sympathizing friends from both Houses of the Legislature. At 10 o'clock Gov. Palmer, "bo has been retained as counsel for the correspondent, pro ceeded to the chambers ot Judge Zutte, Circuit Judge for this district, and presented TUB FOLLOWING PETITION for a writ of habeas corpus, remarking that tho case was one of grave public interest, us it struck at tho very root of tho personal liberty of tba citizen: State of Uunou, Sangamon Couktv.— To the lion . VharUtd. Zone, Judo* of (ha Fifth Ju/helul Circuit of Hit Matt of Illinois: Your petitioner. Prank K. Kevins, respectfully represents to your HonortUat be is a citizen of the Mate ui Illinois, and a resident of the County of Cook, in the Statu aforesaid, omits uowconllned la the common Jail of the sold County of Sangamon, and is restrulnod of bis liberty therein by Samuel N. bboup, bberlil of said couuty. Your petitioner further represents unto your Honor that bo is held oy said bbnup confined in esld Jail under tho pretended authority of a certain paper, or warrant, bearing data on tho 4tb day of April, A.- I>. 187 b. signed by tbo Hon. W. A. James. Speaker of tbo House of Representatives of the General Assembly of tbo State, and counter signed by W, I). Taylor. Clerk thereof, directed to Nathan Crews. Doorkeeper of said House of Rep resentative*. and Samuel bboup, Sberii! of said Couuty of Sangamon, by whlcn said protended warrant the said Nathan Crew#, Doorkeeper ns aforesaid, it commanded to take tbo body of your .petitioner and him deliver to the keeper of tbo Jail of bangstuou County fof contempt of too House ot Rcprcaeutatlve* lu re fusing to answer certain questions put to him by THE CHICAGO TRIBUNE: MONDAY, APRIL 7. IS7O—TWELVE PAGES direction of the said House. tonehlng certain chargee of corruption on tho part of member*; and also commanding llm said Samuel Slump. HhcrllT nnd .Jailer of Haiti county, to rucelvo your petitioner Into hln ctiHtoity In said Jail, and him safety keep In tho said common jail of said county until ho shall signify Ins willingness to answer such ones thins na may bo put to him by tho direction of said Jlonso touching tho above-mentioned charge*, nnd then as soon a* your petitioner Khali signify to them his willingness to answer the said questions, the sold Nathan Crons nnd Hamad aiioup are. by the cold f rvtemled warrant, commanded to bring your pell loner folho bar of said House. All of which will more fully and at largo appear by reference to said paper or pretended warrant it copy of which la at* Inched hereto, ns required by law. • And your petitioner further shows your Honor that he is Informed and Is advised -by counsel, and ho therefore charges ■ }to bo true that the said paper or pretended warrant Is unlawful and nttorly void, because, as he Is Informed and Is therefore advised to charge, that at tho date of said warrant there were no charges of corruption on the part of any member or members of said lloti«o pending before the said llouso, or under Investigation by the same, or before • any commlttoo thereof, and the Honorable -Mouse of Hepreseiilatlvos bad no Jurisdiction, right, or authority to enuso tour pe titioner to appear before the said Houio or any committee thereof to answer any question or ques lions whatever, - And be Is furthermore Informed ond advised by his counsel, ond therefore charges It to be true, that (boro Is nut, nor was them botore the date of said paper or pretended warrant, any snfflclnnt vote, order, or resolution of tho House of llepre m ntntlvci to authorise tho Honorable tho Speaker of said House (o issue the sumo. am) for the res* sons aforesaid, ond cithers, vour petitioner la ad vised that ho Is unlawfully- nnd wrongfuhv re strained of bis liberty by th*i sain Nathan Crews nnd Samuel N. Slump, under and by the pretended authority of said paper or warrant. In consideration »f the premises, may it please your Honor to grunt to your petitioner tho writ of habeas corpus, directed to thu said Nathan Crows. Doorkeeper of tho House of Representative*, and Samuel N Hlioup, Sheriff nnd.lnlicrof Sangamon Conntv. commanding them forthwith to prodoce the body of your petitioner before your Honor, with the cause of his capture and detention, nnd may It then please your Honor to hear and con sider the same. and order (hat your petitioner bo discharged from iholr custody. And your petitioner will, o» in duty bound, over pay. The Judge immediately IB3UUD Tim FOLLOWING WRIT, returnable tills afternoon at 3 o’clock, when an application wilt bo made to boro the corre spondent released on ball pendmj? the argu ments fn the ease, which wilt bo sot for some day next week: State of Illinois. Sangamon County, ee. The People of the State of Illinois to iXathan Creici, 7>oorJl«/)er of the Home of Pepretentiitices, amt Samuel ,V. Shoup. Sheriff and Jailer of the t'ounhj of Sangamonj .Wuhiieas, A petition lias been presented to the undersigned. Judge of the Fifth Judicial Circuit of the .suite of Illinois, by anil on Mmir of Trank Kevins, a citizen of the Statu of Illinois, whereto Ills nlleccd that hu ts nnlnv fnlly and wrongfully imprisoned in the County Jail of said conoty by you, or quo of yon. These are, therefore, to command yon, and each of you. without evasion or ilelav. to produce the body of him. ttio said Trunk K. Kevins. before mo, at chambers at .the Court-House lu the City of tiprinpfldd, at 3 o’clock in the afternoon of this day. together with the cause of Ida capture mid de tention. And . tula, you will, fall to do at your peril. Given under my hand uud seal this uthduy of April, 187 D. CiiAttbKß 9. Zank. Judge Fifth Judicial Circuit. COLLINS’ EFFORT.* At 11:45 a. m., Mr. Collin?, ono of the Bnrry Committee, offered the following: Whereas. A writ of habeas corpus has boon nerved upon NnilionCicwu, DoorKcepcr of tlio limine of itoprosenUlivce for tlio Slate of Illinois, and Samuel K. Shonp. Sheriff of Sangamon Conn tv, Illinois, cinmmindlni! them to mipear before tho Hun. C. S. Zone, Judge of tho Kina Judicial Circuit for the Statu of Jllmois. fortliwilii with tlio lioay of Trank K. Kevin*, who Mumls commuted by the ordcrof this House, and show bywlmtnn- Uiorltv lacy detain the satd Kevins; therefore, bo it Jietolvea, That the Speaker appoint ns manattors fonraitornoTA. members of this House, to appear before dild Judge as counsel In holmlf of said Sheriff nml said Doorkeeper, and that the Attorney- General of -this Statu bo requested to assist such managers. The Speaker Immediately announced the fol lowing as the managers, in pursuance to this resolution: Messrs. Jones, of Chrlstuln; Wricht; of Boone; Collins, of Cook; and Mason, of Cook. These gentlemen ore all lawyers, uud members of the Committee. . IK COURT. TUB ARGUMENTS EKl'OiU: OUDOB ZANE. Special DHuatch to The Tribune. Springfield, 111,, April C.—The Incarceration ot Thr'TrißUNß correspondent continues to bo the sensation, of. the. hour, ami on every side the action of the House meets with condemna tion. The general I public thoroughly understands tho character ot that brancti of the Legislature, and appreciates, In a wav the members do not like, Its laziness, its want of system, and Its ut ter want ot common honesty. Tho public hereabouts, and presumably throughout the entire State, la fully advised of the fact that many of the members are what is vulgarly but expressively culled “ON TUB MAKE.” It Is known that tho 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 oro absent from Springfield; mid It is fur ther a patent fact Umt the present Legislature has exhibited n weakness for Junketing tours; that it is astounding to tho rural taxpayer Hint tills great bony which charges lor work never done, for time that Is devoted to loafing mu! the cultivation of the private.business, should feel its dicnlty insulted, Is ono of those tilings that no body can find out, and fur surpasses the intelligence of the average voter to whom the Legislature is an owner op dismal contempt. The fact that Judge Zano had agreed to hear Novlns 1 application for a writ of habeas corpus at 3 o’clock this afternoon was soon known all over the city, mid when that hour arrived the Circuit Court was filled with members of both Roushs, uolllldaus, lawyers, mid men about town. Thu four manauers, Messrs. Junes, Wright, Collins, mid Mason, reinforced by At torncv-Gcneral Fdsall, were promptly on hand. Ex-Gov. Palmer appeared for tho victim of leg islative spite, who was escorted by a Deputy Sheriff. He cmno up smiling, and was soon TUB OBSERVED OP ALL OIISERVCISS. As the in so proceeded tlm malignity of tho prosecution became apparent after Qov. Palmer hud stated that the qnesilim beforn Ibe Court was a very grave one, and should not he hastily determined, fur it involved tho rights of tho citizen os well us those of the House, mid sug gested that Mr. Kevins ho admitted to bull until full arguments could be board. Thu majority of Hie prosecution cuuscd to act Urn role of guiiLtemcn. They became persecutors. They bud tasted blood, as It were, and wanted more of It. Nothing would do but Kevins should lie In Jull over Sunday, and Inch by inch thev contested all ar guments in favor of giving him the benefit of thu doubt. Groat sticklers for propriety, fur protecting Dio honor of a body which bus uo dis honored Itself, were Dm persecuting managers. Hypocritically they absolved themselves from any vindictive feeling toward their prisoner of Slate, while not one of them save- Mason was willing that he should have the benefit of either doubt or of clergy. About ten minutes after 9 OOV, I’ALMUU ADDUUSSED TUB COUIIT, and said: Ihovo In my band a return made' to this writ,— the writ of commitment by the Sheriff,—but no return has been tiled by lliii Doorkeeper of the Homo of Representative*. I mink, as (bis case la of and) importance, if the 'gontl'emca who ropru eent the House of llrpreienlnilvcs desire addition al time to muku a return from the Doorkeeper, who Is, 1 supuuso, tho must Imoorlunl oHUial. ami whoso return will present tba real facts which un derlie this caao. lam nut disposed (o press tbs mutter to a uvarlug at ouco. Air. Jones, uno of tho managers, said in reply: The Committee appointed Just before tbo House adjourned bavo bad no time to consult uml prepare u return to tho writ, ami wo supposed that wo ought to have at least until some hour on Monday tu allow u* to prepare to try this case. Wo shall bo ready by U o’clock on Monday, 1 think. Gov, I'aimur has stated that tbe Shurlfl has made a ro turn. Of that wo know nothing. Wo wish to pre pare u return ourselves, and not rely upon a return ol the Sheriff. Gov. I’nlmer—l hare no objection to tbe sen (lumen named taking as much time as they regard necessary according tu (belr vlow of tbo nubile in terest; but at the same time I fuel that Ibts peti tioner bus A UIOUT TO PS QBAQD, and If tba hearing cau be had at once be ought to lie relieved from tbe custody of the ofttcor until a suitable lime for the gentleman to meet the question, and If they ask of mo Court formally more. time. I •hall at ■ the tame time ark tbe Court to admit Ur. Mevlns to ball to appear to answer at the time to bo fixed by the Coart. This is an application entirely regu lar. 1 think, and within tho discretion ■of the Court, and. if tba petitioner bo admitted to ball, labuuid favor the granting of time.. Indeed, on account of tbe importance ot tbe question, more time might welt be allowed, for (bis Is not by any means u dispute between the House of Representa tives and Ur. Kevins upon a question of disorder and contempt to tbo presence of the House, hut It la A DISPUTE or A VBRT GRAVE CHARACTER In respect to the rights of tho Homo to pnnlsh a witness and compel him to testify: a nneslinn os to tbo proper practice In eases of this kind nnd of so much Importance as to deserve very deliberate settlement fn view of tho public Interests Involved, and a considerate discussion of the case and its tarcfnl decision by your Honor, so that I should greatly prefer imself, If there were nothing In the way, to postpone thp matter till Monday or Tuesday If It would stilt tho gentlcm'»n*on the other sldo, I think, however. Inasmuch ss flic case Is nut one which involves any personal mis condncton tho pan of Mr, Novlns. hnt Isa real dispute as to his rights under the law. and as there are well-founded reasons for questioning tne rcuu larltv of these proceedings, 1 do not think the petitioner ought to bo kept- In Jail to abide the more deliberate discussion of a public question, and therefore If tho gentlemen making application for more tlmo will indicate when they suppose tho case can bo heard to their satisfaction, I will at the same time ask tho Coart to ADMIT MR. NSVINB TO DAIL In the meantime. Attorney-General Edsall, counsel to the man ager*, said: Ido not understand that tho commit tee representing tbo House desire to ho vindictive towards Mr. Novlns hr Insisting that he shall re-, main In Jail. On the other hand, they hare no power to go beyond tho law In cases of this kind and consent to his release from tho Imprisonment which, from the face of the papers, must he presumed to ho legal until the contrary has been estnblishod. This is a ttecullor case fora habeas carpus. 'J lie petitioner iah been committed on final process, or on process Issued by n tribunal which, if It lias Jurisdiction at all, hss Jurisdiction of tho question of thu regular ity and validity of his commitment, which Is con clusive. This Court can undoubtedly inquire nnd sue whether tho llouso of Representatives had Jurisdiction upon the question, and If It find tint It hsd not, (hen It conld prop erly discharge (ho prisoner. Hut f do not think wo can start out In the outset with a presumption against tlio papers s/ich as they tnurt have lik'd with ltu-lr process In this matter.—a picsitmption that the House had no jurisdiction; and, while I have not given the ques tion fnll examination, my understanding Is that in case of a commitment by tho liCgisloturo It Is nut tho practice to admit to bail pending the heating of the question. Wc, ask Indued, for no delay more than Is absolutely rece»sarv to get tho case In for hearing, and, so far as I nm concerned, SEVEN O’CLOCK THIS EVENING. would milt as well as any time. We n?k fur no hDecide time (oncer than to prepare the paper? ami prucuro conic* of llio legislative proceedings In form lor ft suitable rolurn. Ilut Inasmuch an tno right of one branch of the Government, (he legis lative branch, In Involved, wo do not fool author* (zed to consent lo an admission to ball pending the hearing. It may be that counsel upon the oilier side examined outhorlherf and can produce them more fully than wo. I can only ntnte trnm general umlemindlDC our position. All wo ask is that tho Court snail fix a reasonable time. My associate? nrnno Mon* day. Wo have not yet oven had tlmo to prucuro a certified copy of (ho Journal?, which of course would bo essential to placu before your Honor be fore tho cane could he heard, and that work would require probably tm hour or two. and, since It Is Saturday afternoon, perhaps the case had hotter go over to Monday: hut of course we will not Insist upon that, if It Is desired to work upon tho case by night wo will consent to take It up tht < evening. Oov. Palmer—lf your Honor should he inclined to hear tho question to-night, wo of course shall nm object. Mr. Jones—Wo would like to hear tho Court upon the question of ball. Gov. Palmer—lf there is a Question anon tho au thority of the Court to ball, that question 1 should liko to argue. 1 luivo HO DOUIIT OP THE AUTIIOIUTT of the Court to ball. As tho Attorney-General, however, exurcsscs a willingness to go on to-nieht, there Is no use of an application for bull until that time. Thu Shorter is 100 polite and kind, and 1 wouldn't trouble tho Clerk to make out tho papers for so short a period. Mr. Kdsall-If yon can produce authorities for nl.owing bail In a case of thin kind, that settles the question. Uov. Palmer—'Tho question m every case is one of jurisdiction. Legislatures, like every other tribunal, have final Jurisdiction, and final authori ty within tho scope of their Jurisdiction.— that is tunny, vvhoro they have Jurisdiction of the subject and of tho person, and exercise Hint Jurisdiction according to law. If uvurythlng were conceded to tho gentlemen on tho other side. 1 mink it will he found that there Is no possibility of detaining Mr. Kevin* on tho writ before the Court, because the writ aocs not pursue any authority that I have ever seen. The writ of itself is contradictory. The writ Is Itself VOID ON ITS FACE, In my Judgment, bo a court may have Jurisdiction generally, and yet, from neglect of requisite pre llnmry proceedings necessary to oo an act, tho act attempted 'may bo void. The Supreme Court of Hus Statu have Inn number Of cases hold void tho decrees of our Court of Chancery, and Judgments of the Circuit Conn? that aro courts uf superior c.unmon-luw jurisdiction, whero they transcend (Heir Jurisdiction. All proheocllng? beyond tbo Jurisdiction of a tribunal nra necessarily rolffT*! - think that (his writ, 1 whatever authority tho House of Representatives may have to pun ish for contempt, Is manifestly beyond the authority given la tho Speaker by the House, so that, without arguing what the Ilrmso may do in a proper manner, tho Speaker, by this writ, lias done lor more than tho House has authorized him lo do, taking (he recitals uf the writ themselves. Put example, this writ is directed to the Door keeper of the House, mid commands tho Door keeper to take the body of Frank U. Kurins and commit It to tho keeper of tho Jail of Bangimiun County for a contempt of said House of Representatives In refusing to an swer certain questions put to him by tho House touching certain charges of corruption on the part of tho members, and the writ goes on to command the said Knumol Hlioup.Dherltt and Jailer of Sangamon County, to receive Frank K. Kevins Into hi? custody and keep him In the common Jail of the county until tho petitioner shall signify Ills willingness to answer such questions us may he put to him by tho direction of the House of Represent atives. it Is obvious that Mr. Kevins has refused to answer certain questions, mid these gentlemen have committed him to Jail, nut until ho ahull con aoiillo ANSWRIt Till? QUESTION ntOPOUNDED TO HIM, but * ‘ till be shall consent to answer such lines* thins an may hu put to him by the House of itep resmitutlvoH,’’—not tho question hu refused to au* swer, not the question upon which the charge of contempt la bused,— hut be must picdce himself to do aomc other thing that he has never yet been re quired to do ns the condition of Ida discharge. Thu gentlemen will see that such a writ, whatever may be the power of the House, properly exer cised. can never bo sustained. A party is com* milted here to tho common Jail for refusing to do an act, and tho proper condition of Ida dis charge under the statute Is, that when ho signifies Ida willingness to do that thing which ho haa hcon heretofore required, but lias rc* fused tn do. then hn shall bo brought to tho bar of the House. Uul Unit Is tint what this man by this writ is required to Uu. Hu Is nut to dignify Ida willingness to do ' that which tho Homo Ims heretofore required of him. but ho la to pledge hlmsoll that hu will do whul thn House mar hero* after require him to do,— u thing which ho has not yet retimed, and for which he ia not in von* tempt. 1 mention that merely to show that the warrant is void upon Us face, If nut in reality. ItslrlheH mu that the warrant is ho much in ex cess ol tho authority given by the House that JTH VAI.IPITV 15 A OUAVB QUESTION. I might go mi and mention other points, but I pre fer to reserve them to more deliberate con sideration, such, lor Instance, us that the warrant commits to lull Indefinitely. It decs not Indicate how much the man Is (u suffor for contempt, and so carries no punishment. These various objections which would scum to strike 8 lawyer at first glance, are at least serious enough to render tho authority of ibis commitment at Joust doubtful. 1 grant mat hi case of clear, final conviction the rule Is that courts will nut interfere except In cases thu t arc extreme. The Knghah rule Is this. ( read irom <;n uutaurlty which speaks of the Court of King's Hunch' hi Kiighiml. u jurisdiction to which our Circuit Courts succeed, It being inure the court of supremo criminal jurisdiction. “This court by tho iilonl* time of ds power may In It* discro thm admit persons tn ball though committed by otlior courts for crimes nut bailable by these courts, on considera tion of the nature of circumstances of this cure, and also If u perron bo attainted of felony or convicted thereof by verdict general or special," Thu authority savs tho courts tberu have Jurisdic tion, nut will exercise it whU great care. Other instances are given, Bo tf h man hu convicted ol felony, upon evidence by which It plain ly appears to the Court that ho Is nut guilty of It. then, If convicted In such a enso, even tho Justices of Jail delivery may ball lihi). 1 understand the rule lobe, ami 1 shall not trouble tho Court by reading many au thorities, (tint tho Court or King's lieuch, having supremo control, end it cannot be said that the House of itoprcscntutlves Is Inferior at all, HAS DISCHKTION TO HAIL, and very many Instances ure given, There are In stances where, m case oi absolute conviction; the Circuit Courts of Illinois have n general supervis ion of the administration of criminal Justice hi the btulo, and, while required In a certain class of cases Jo - admit to ball ' where tho constitutional provisions apply and impose an tmucrativo duty, there la also an extensive class of cases where tho Court may. upon consideration of all tho circum stances, admit to bail, even oflor conviction. The point Is that there exists in this Court discretion to admit to Onl) own after formal conviction, and from that proposition 1 wish to draw two conclu sions which lead to tho final one that the Court m this caso ought to bull. In tho first placo I mink It apparent, and my friends on tho other side 1 think themselves will sou that there arc considerable dlfllculllcs la the way of malntuinliur this procecdliur, oven according to thetr own theory,' I thins when they come to look into tho statute on which they have acted they will find that they have not carefully analyzed 1U pro visions. J think they will discover that, in at tempting to conform to two distinct provisions of the statute, tuuy have satisfactorily conformed to neither; very much a* If one ehoald attempt to follow two diverging lines,—be would be very apt to miss both, , IN TUB . SECOND PLACE, this cose la one of very great public concern, snd your Honor will see by the recitals of me writ that unimportant question of personal liberty ts at Slake,—the commitment of s citizen by s writ wulch recite* no authority. The writ In question here does nut recite the authority of the denote! Assembly as (t ought tr». I think, and. therefore, thin discussion moot Involve the verv gravest oucs tlons of public nml private right. On the one hand no one will as«ert that tt la not of verv great Importance that the House of Keprr •ontallvos n tjould ha fully sustained to the very limit* of (ho Constitution. nor am I ono of these trim believe that tho potter of (ho General Assembly nlioutil In any aenso Im abridged or treated disrespectfully at nil. on the other hand, It mtiat be at tho same time apparent that members of the General Assembly am very often (he (Here of their own caeca and of dlsniites Involving matters that concern personal dlirnlty and character where It may he expected, unless these gentlemen arc above the ordinary frallttea ana Infirmities of mankind, that more or less prejudice will bo exercUod. Then, again, un happily, this is ono of thoso caeca where no Jury can sit between them and the citizens, and. while their rights aro to he respected. It must ho remembered that Mr. Novlns or any other person In his situation IS ALSO TO OB PROTECTED In his attitude before a tribunal which, though of the highest character and entitled to tho greatest consideration. Is yet made up of gentlemen who ate but llcali and blood, and hare passions Uko ourselves, and who sometimes, in their dcnlra to vindicate themselves, forgot to pay tho sumo scrupulous regard to tho right* of others which your Honor may do sitting here In an Impartial position. I need not enlarge upon the right of the citizen to be protected from un lawful imprisonment. but onlv ask In view of the gravity of the t|Uc*tinns Involved Hint Hr. Novlns uo admitted to nail till the gentleman on tho other UV AUINJU* II 111 null kill llllt Ml IlfrlWl.lul, VII .111 viiibi side are prepared to meet this case. I repeat. I have no doubt Hint it ia within the discretion of your Honor. Hr. EclshU— Have von found any cases whoro the Conn has admitted to nail a person committed by uitncr House of Parliament? (lor. ralmcr—No, sir: out I find esses were they were only prevented from doing so from regard to thodlcni'v of Parliament. [Smiles.] It must ho remembered, however, that there Is thin broad dis tinction lielwocu the English system and our own. Under our system the power of cacti department of Government Is defined by tho deliberate and care ful terms of written Constitution*, and. therefore, while In tnls country each department yields in no respect to the others, each si the some time Is ab solutely Independent, so that In this country no American .Imluo would dare, from his scat, utter what will bo found In English records, that, ill though tho imprisonment of a nrlsuiicr was un lawful. yet, from regard to tho dignity of tho Leg islature, RE MUST NOT UR DISCHARGED. Mr. Eilinll replied: Wo con see that If llio House has nujunsdlctton. this Court has, and ought lo discharge the petitioner. Uo did not propose to follow the learned counsel In his discussion of (ho legal question hero, because It Isn't uu. As to the regularity of (he writ of comnntmcntlr.ml Its suf ficiency. the only Question now Is whether pending llilsvxuminalion the Courtmav rellcvothe petition er from (ho custody In which he Is put by virtue of tho commitment by the House of Representatives. I think there Is no authority for anything of the kind to bo done. Tno English authorities are to the eflccl that although It might he the opinion of Courts that tho petitioner was imprisoned unlaw fully, vet they would not interfere, and if Ihov would not discharge, then much less would they admit to ball, pending an examination. Jlnl this esse will appear to lie precisely the same with an other of winch wo know by common report, where a person Is now In Jail, committed there by tho bupremo Court, fur failure to comply with Its mandate for contempt.— tho only reason which bo can be there. Now. if that person should sue out n writ of habeas corpus your Honor would no doubt, grunt It. but I think your Honor would scarcely ha Instilled In bulling him pending tho examination of ni* commitment. THU BAMS I’UlNCli’Lll APPLIES 11CIIB. Wo admit thcnudiontd be no unnecessary delay in tho mutter, bdr.wo insist that Instead of Its being prima *-Ut&i(oh -tho face of the paper* oppuDe'M*,.lthj}b'V bo • must bo discharged, that - prlpitu ; fnclc ho must ho detained ttllTinJ Conn ultimately decides the le gality of his commitment. and that In the mean time ho should remain m the custody of the officer. Certainly none of tho authorities go for admitting to ball In till* nns? of cases. This Is not only a committal by a coordinate nranciimf the Govern meat, rule of first Jurisdiction appil*. It Is true '1 hale not yet seen any of the papers in the case showing definite jurisdiction, out that Is,to bo discovered. We aru only solicit mis that the Court shall tlx some reasonable time to hear the case, and Hint meanwhile tho prisoner remain where tho law pins him. Uov. Palmer, In nnswertu tbo AttomewGoncral. read trom IJncon's abridgment on ball In civil eases, citing that "In lormcr day*, and particu larly nl the lime when Sir Edward Cone was Chief Justice, several persons committed to the Fleet by the Lord Chancellor were bailed by the Court ot King’s bench upon exceptions to the generality of tho form of tho commitments." Mr. Jones—Was that a case of contempt? Gov. Palmer—ln the Chancellor case U was con* tempt. Ho continued reading: "Also one Gran ville, who was generally committed by tho tom maud of tho Lord Chancellor without netting forth any case’ of such command, seems lo havu been bailed upon examination of tho merits of tho de cree for dlsooeylng whereof he was In truth com muted, whcrcu/ It appeared that tho decree re lated to a mutter before adjudged at tho common .law, but ihls'nrocccding' being resented by . the Lord Chancellor, Ihe said Granville wan after wards recommitted by mm for the same matter, and vet was on another Imhcas corpus hailed a sec ond time by the Court uf King's Dench. These aro the authorities, and the Conn will observe that no such rule a* governed In England can apply lu this country, wboro tho authority of cacn department uf Government is so accurately defined. The discussion hero closed, and ' tin: couut uendbubd its decision as follows: The petitioner, It Appear*, lias been convicted by tlie Itoiixo ul noprcecntiUiTi'M of a contempt, mid committed to ilio Jail of Sangamon Comity, and the question to be determined I* ns to tno locality of bin conviction and comimtincnl. In order io |»lvo counsel more (hue lor preparation of the cose to be heard, It ia uckcil that tho hearing may bo postponed to some day next week. lam not dfßpo«ed to relieve the petitioner from imprisonment until tho question la deter* mined ns to (ho lawfulness of hi* conviction and commitment, hut tf It ia desired 1 will set the matter down to uu heard thin evening or Monday, just n« counsel may agree. Perhaps, If petitioner insists, the case hail butter be heard this evening. 11l spite of a demurrer from Mr. Jones, who wanted the ease put over to Monday, tho Court ordered it to bo set for 7 o’clock iu the evening, and the managers Hied out of the court, (caring that tho Judge would depriro them o( their Buudoy victim. _ TIIK TSVKKING. CONTINUATION OP Tlllt AUUUMKNTS. Sjirdul /M*;»«tcA to The Tribune. Si’iUNOPicM), 111., 'April s.—At 7 o’clock tlio historical old structure formerly tho Capitol building of tho State was prutty well crowded by dtlr.cns of Springfield mid mem bora of the Legislature. The Representative chamber was used (or tho purposed of tbo Inquisition, The gallery was filled with ladles, and tho lobbies were appropriated by tho great unwashed o( Springfield. The malingers on tho part of tbo House, with the Attorney-General, came in with groat gravi ty mid took their seats at the table In a row, forming an array of dignity seldom beforo wit nessed at the Capital of thu State. Judge Zano arrived In due season and took his placo on tho bench, when proceedings shortly began. TUB I'UISONEII CAJIK IN ami quietly took a seat beside Guv. Palmer, his counsel. The proceedings then began amid the awful silence of thu court-room, which pressed upon nil present with thu majesty of a great trial. The dignity u( thu people of tho State of Illinois in Us representative eopoclty had been insulted, mid was apparently uow about to ho vindicated with terrlblu consequences. Tho skirmishing In thu beginning developed Ilio evi dent desire on thu part of thu Attorney Gen eral and Urn managers to punish thu corre spondent by detaining him iu the Bungamon County hostile over Sunday, and not to vindi cate the honor o( the JloiUo. Gov. Palmer gave nollcu that his argument would occupy at least two hours, and, as it was then 8 o'clock, thu of thu principle in volved required that the hearing should ho post poned until Monday morning. The correspond ent In thu meantime should ho admitted to ball. Any reference to the word “ hall" BBCMBU TO ftUDDBN TUB MANAOBIIB like the shaking of a scarlet handkerchief nt a Soautah bull. 'They would listen to nothing of tlio kind; ■ they were willing tho proceeding should be postponed, but they bad no Idea of letting the man out of jail who hud compromised their honor. “Oh shade of Carter Trucv, what sen sltltlve reputations llicau men bearl" The proceedings began. Mr. I'almcr opened the cotillion, undsald that he desired to amoml tho petition by inserting the words •* that bo has been held more than twenty-four hciprs last past." The petition was so amended, and Mr. Mason, on behulf of the respondent, read the return of the Doorkeeper of the House, which embraced tho resolution* appointing tho Com* niatco, Its report, tuul all the subsequent pro* eeedlngs thereafter. Mr. I’ulmor theu MOVED TO JJIbOHAIHIB TUB DCFBNDAMT on tbu return then staled. As It was ti o'clock and ho should take up considerable time, he thought It would be hotter to lot tho mutter go over to Monday morning, If, in thu meantime, tho gentlemen representing tho respondent would i-ouscnt to Mr. Norms 1 release ou bull during that time. This was refused by thu Housu msnugors. Mr, Vaiuicr men stated that bo would pro coed, but would expect that no limitation bo placed on Ins time in presenting bis eusu. Hu begun Ids argument by referring to tbu three Independent brunches of tue Htmu (lovcrnmcut, uuU read ibut portion of the Constitution winch elves the brooches of f the Legislature power to punish bv contempt. Mo then rend from Field vs. The People, in 0 Scammon, -<* Illustrating the construction of the Constitution 00 being a limitation of power. Therefore. then, tho Lee* Islaturo In permitted to punish for contempt anr person not a member who shall bn guilty of disorderly or contemptuous conduct tn its pros* enco for a period NOT UXOBEDINO TWBNTr-FOim HOURS. Any attempt to exceed that power roust he void. He then read nt length from tho statute gov erning the practice under habeas corpus pro ceedings. and followed this by rending (he war rant of commitment. This warrant, ho said, the Court would observe was absolutely n limit less sentence. Tin; statute specifying the man ner in which the Legislature shall proceed In matters of contempt appeared to give some authority tor a warrant like, this. Hut this statute must ho rend in connection with the Constitution on this point, and ho Illustrated this principle of construction by Supreme Court decisions. Jloncc, a writ drawn as this was, ami which In effect commits tho witness till ad journment of the Legislature, was void, and it Is In violation of the Constitution, lie then read the resolution of the House to tho Door keeper, directing him TO 1101.1) Tim WITNESS until bo sljould 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 I lie custody of another until ho should do some act which it belonged to the Court alone tu do. He In sisted that this was the effect of this warrant, and that the - House had turned the matter over to I lie Doorkeeper. He was to take the duties of the House, uml Hold 1 lie witness In contluefhcnt until lie would answer the Doorkeeper's questions. Counsel then read Sens. 7 to 11 of the law* regarding legislative contempt, and said that the opposi tion claimed that tin* tenth section permitted of unlimited Imprisonment. This he denied. Jin believed that the House had no power to prolong an Imprisonment for mure than twenty lour hours, unless Iho witness persisted In Ida contumacy, and further, tho House had toiu power tu delegate Its duties to cither the Door keeper or Sheriff. It was enough that the House could commit the citizen, but It was asking too much that the House could transmit Its own power to an outsider. I’erslstcncy of contempt Is theonlv cause for which u con tinuance of imprisonment may bo made. Tho continuance can onlv bu determined by tho House, nol by u Doorkeeper or a Sheriff. Tho warrant directs Unit lie bo Imprisoned UNTIL Its CONSENTS TO OUST, but this must bo coupled with the limitation of twenty-four hours. Kieiher the Doorkeeper nor tho Sheriff find any signs of repentance, and hence, according to the warrant, they may keep him in custody until tiie adjournment of the House, and counsel stated Unit (he Legislature has mado arrangements to star all summer. Mr. Palmer stated that tho .commitment was Iu violation of law because Mr. Kevins was sent to jail to remain there until lie was willing to an* ewer all questions that might be propounded to him. This is an absurdity, because the House has no right to ask for anything more than KevWE-hod already refused to answer, In other jrdiMt, Kevins must part with every right as o-ifliken before lie cun irrft out rtf Jalf. That Is liifc-jilcdge the House wishes to exact In its judgment, which Is A SHAMEFUL VIOLATION OP TUB LAW and Constitution. Mr. Jones, of tho Managers, said tho first point made by counsel was a constitutional one. and If well taken settled the ease. The second was the validity ot the judgment of tiiu House, and this was outsldo the jurisdic tion of Uio Court. Tho two sections specifying the duration of imprisonment do nut go together they are separate and distinct, and must ha so regarded. The term of Imprisonment continues just so long as the person In contempt persists in it. The law does not require the House to visit, the Jalt to ascertain if Mr. Kevins be willing to answer the questions. If he he ready to do so he can notify the House Just as ho would Ihe Court. If the Legislature has jurisdiction over the subject matter, and the body of the witness, its action cannot bo reviewed by any court, Right or wrong, tho judgment must stand. Tho warrant was in strict nccoidunce with the Judg ment of the House. To corroborate this asser tion, Mr. Jones cited the ease of Charles 11. Heed, in which the tiupremo Court decided ad versely to that gentleman In a case somewhat similar to that of Kevins, lie also rclurred to Hie Paine case, in which Pulnu declined to an swer at an investigation of an alleged printing steal, nud ids application for release on u habeas corpus was denied by Judge Zano. Thu Legis lature hud the same power In contempt eases us (lie court, uml it ueuu uut bu conferred by the Constitution. MASON, OF COOK, after disclaiming any personal feelings on the nan of Uiu House, was of tins opinion time Kevins commuted liltneolf to Jail, Ho pleads Ills professional lionor, ami for Unit the Sneaker respected dim, imd wero tie in Kerins’ plucu ho would do the same thing, <lllll would may hi jail live years if necessary. Nothing but Kevins’ professional honor stands between Ids freedom and un investigation of a serious charge pro* ferred against n member of the House. Arc the people’s Representatives to remain under a cloud merely to protect Mr.Kevtus’ professional botiorl The members of the Legislature am at bis mer cy, for he only Inis the key by which the door now concealing the guilty Representative mar tie opened. He hoped the contumacious wit ness might stand committed until he shall choose to dlvulgo the knowledge sought fur. COLLINS, OH COOK, advanced nothing now except to fathom the In tentions of the framers of the Constitution. What bo thought about them was not verv clear. Ho referred to lilaekstuue, and then said that Kevins was his own Jailer. ATrOUNBT-OKNRUAL ED3ALL contrasted the contempt sections of the Consti tutions of 1648 and 1870. in the former It was provided that the prisoner must be brought be fore the Bar of the House every twenty-four hours. The inconvenience of the provision was so obvious that it was modified by tlie later Constitution. Under the old Constitution the Leglalattuvjwouldjbave to sit on Sunday to com ply with ttio law In dealing with contempt cases. .Mr. Kdsull then went on to show that under the present Constitution lids power of the Legislature lias been enlarged, iu these contempt eases the relator was committed till ho elected to comply with . the demands of 'the House and lit 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 ra adjudicate. MU. PALMER said that in concluding his argument ho would coniine himself to the point wbtuner a Legisla ture has a right to punish fur a persistent contempt. Ho road au thorities Holding that a commitment must he for adclluite period of time. Thu wit ness, he claimed, was not commuted by this warrant uutll lie answered one question, or any specified questions, but uutll he should answer some other question not yet put to him before. Therefore ho could m>c be lu contempt, and Mr. I’ulmor denied that dm Legislature could com mit a citizen to prison for not answering a ques tion that was never put to him, and lie insisted that no eoinniUmunt could be bad but for a definite period of lime, Such was not done here. Hu knew how delicate a mntterlt was for (be Court to decide that these gentlemen hud made an error, yet be wanted to say that tho liberty ot Urn humblest citizen was of Infinitely inoru concern than the reputation of all dm leg islature. lApplauso.J Ulb not much safer to adopt that construction of the law and the Con stitution which requires (lie Legislature to com mit tor a specillcd lime than to leave the period of contlnumenl to tho general phraseology of this writ, which reads," until he Bluntly Ids will ingness to answer such questions us may bo pub lu him”l lie concluded by saying limb lb seemed to him any other construction than the 0110 lie had indicated must place a power iu the Legislature never contemplated. Tni3 decision*. BBUANDUn TO THE COUNTY* JAIL, Uptclal Dtupaleh to The lYibune. Si’itmnriuu), April C.—Thu Court then asked the ballllf to paes up Urn Statutes, and begun reading tho constitutional provisions regarding legislative contempt in Sec. 0, Art. 4, and also the act of the Legislature approved Feb. 25, 1874, giving tho construction to that clause of tho Constitution. Ho theu said the uucstlon was whether tho provisions of the Constitution will bear tho construction which the Legislature has given It. Tho stature contemplates that a person refusing to answer questions may ho committed until he signifies nls willingness to obey tho requirements of tho House. Thu statute did not contemplate a cose whore tho witness should bo brought to tho bar of tho House at (ho expiration of twcnty-lour hours to refuse to answer. Thu statute coulemplated a enso where he refuses to signify hU willingness by making It known to tho House cither by A. WHITTEN COMMUNICATION or by a statement to tho olllccr having him (u charge, and communicating In that way to thu House hU willingness to obey its requirements. If tjic puny signified tils willingness to ’the of ficer having him In custody, and such officer fulls to communicate to the House such willing- ness, such officer would •be guilty.',of 0 breach of ofndal 'duty,: and would bo liable. Thd party ought to h*vo bis remedy. . What that would bo ], It Is not necessary for me to determine at this ' time. lam not now willing to assume that tho officer would so act. Tho statute seems to con template a case of that kind, because It says, ••upon signifying- bis willingness to obey the House,” ho should bo returned to tho House. That being the provision of the Constitution and the construction of the statute 1 am not disposed to violate that' construction. 1 think that' disposes of the constitutional question raised fa tho warrant In this case where the record shows tho ’ precise questions which were asked, and'which the petitioner refused to answer, and having refused, and on which the House adjudged bint . guilty of contempt. The warrant dobs not aractrr tub questions that wero asked, hut directs that ho shall ho committed until ho expresses hls s will-, bigness to answer such questions a* may bo required of him by the House. It Urn witness wero to express a willingness to answer all questions that were asked him, then 1 should bu inclined to think ho would bo entitled nt least to he taken to the har of tho House, and Uo would not ho liable to any further Imorlsouuicnt unless he should ho guilty of another contempt, and unless bu ro* fuses to answer some other ques tions. In case ho should express a willingness to answer questions as shown by the record he would he entitled, 1 think, to bo token to the bar of the House. If the House were to continue the imprisonment after the party had expressed a willingness to answer anyqueatious that might bo put to him, that would ho wrong, uml no would hare his remedy; but I am not authorized to discharge a person committed, as this petitioner has been, for con tempt KOtl ANT TECHNICAL DEFECTS of Ihe warrant. K it was on ordinary cose, where he was committed unon on examination, iimi there won a defect In the mittimus, tho Court might moke out n proper mittimus and recommit, him; but iu thlsjcaso I don’t think Ibo Judge would have the right to muke out the mittimus to commit this man. To bay the least, this warrant 19 somewhat defective. It ought to specify tho cause of commitment, and ouclit to specify that ho was committed until ho would express a willingness to answer the questions which were asked him by the Committee, or bv tho House, and not to answer any such questions as ho might bo ro qulred to answer. Tho Ucnorol Assembly would haro tho right to commit a person for a failure to express a willingness to answer any such questions os might ho propouuded. 'I he substance of tills case Is that ho was com* milled for the rcfusol to answer tho precise questions stated in tho record. Ho is commit* ted until ho 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 quesMonus that are asked him,—those specific questions. If It was otherwise, nud bo was imprisoned for a failure to answer any such questions as the Legislature might choose to hereafter ask him, I would bu disposed to discharge him. • TUB PRISONER WILL BE REMANDED. The decision was a general disappointment to the audience, who had carefully followed the argu ments for nearly lour hours. In tho delivery of tiiu opinion the Judge was painfully slow, mid It was not until almost through that those present began to understand it. The managers were supremely hoppr over the result, and no doubt resolved in their minds to bo virtuous mid happy hereafter. CONFIRMATION. Sprrirtl nitpaic* it* The Tribvrt. ' Circuit Court Room, Springfield, HL» April s.—Have been held by the Court. Trank E. Kevins. Kjyrelat Piepatch to The Tribune. Sangamon Countt Jail, Springfield, 11l. k April 6.—Am lu favor of an early adjournment! Frank K. Kevins. OTHER OPINIONS. m. r. tulbt. A reporter met Mr. M. F. Tuley Saturday af ternoon and asked him what ho thought ot tho action of the House in imprisoning Tub Trib une’s special correspondent at Springfield. Kir. Tuley referred to the Constitution in his usual cautious mauncr, mid then said lie did not find any provision therein to authorize such action on tho part of the House. See. oof Art. 4 of tho Constitu tion was tho only authority on wnich tho Houso had torch*. It was a dangerous precedent to establish, mid there was no necessity for any such power under this free Government. There was no country where there was such a groat necessity for criticism ot legislative bodies aa this. Free criticism furnished tho greatest CHECK AND riIBVBNTrVB AGAINST LEGISLATIVE comiuiTioN that could bo devised. The übiquitous reporters were the special dread of corrupt legislators, and, though they sometimes wero a nuisance la delving Into a man’s private affairs, they wero an excellent chccic and safeguard In the com munity. Many a fraud would bo committed hut for them, and many a fraud that was com muted would not bo found out but for their energy and persistency. Ho therefore thought tliu action of the House hi UlO present Instance was both unwise and unwarranted. MU. VAN AIIMAN was of the samo opinion. Ho 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 on Illegal proceeding, because It would sub ject the party imprisoned to penalties If bo was compelled to answer. Mil. E. B. m’oaoo, on the other hand, thought the Legislature had the power to do ns thoy had done. I‘ubllc wel fare demanded that such aehorgo of bribery should not linvo been made unless llio corre spondent was willing to tako tho chances. I'lihcr ho should not have mado the charge or be should have disclosed the name of bis In former when asked. Tho fact that a libel could not bo maintained was unimportant, because tho matter went much farther than individual rights sr wrongs lu principle In Its effects un the pub lic at large. But ho had not looked at tho ques tion as to tho right of the Legislature to Im prison a person who refused to answer ques tions. Ho bail a general Idea, however, that there was such a power, amt an impression that Hie present was a case In which the power should be exercised If It existed. RESTITUTION. William 11. Vanderbilt rays *37,000 to tba Daughters of Horace Gruuley, Money Loan* ed by tlio Great Journalist to His Brother Cornelius. Nwelal Ddpalcfc to T7i« Tribune. New Yoiik, April s.— William If. Vander bilt to-day paid tho sum of 157,000 to tho daughters ot iloraco Qreoloy. This was tho amount borrowed from Mr. Greeley many Years ago‘by Cornelius 11, Vanderbilt. Tho Commodore refused to recognize tho claim, and unco had & characteristic Interview with Mr. Greeley. about the matter, In which tho railroad millionaire was junlly worsted. Ho modo no provision for the debt in his will, and tho daughters would not havu been able to collect the claim, even hod they been disposed to make ono. This action ou Uio part of William 11. Vanderbilt la considered a part of tho general Bottlomont of the financial ailalrs ot the family as a result of the close of tho various suits and tho will corn iest, lu any case. It is Just to tho daughters of tho great Journalist. The Hartford Elopement. li.uiTFOUD, April 3.—The Montreal dispatch a few days ago, announcing time Frederick Bhcpard and his wife, tho daughter of ez-Guv. Hubbard, passed through that dty ou a west ern-bound train, was a pure fiction. The par ties have not been out of Hartford since the young lady left home. Sho first- wont to tho house of her husband's brother, “Tlo" Shep ard, coachman for Mr. Charles Beckwith, and was there Joined by the man ot ‘her choice, woo had Just returned from Now Haven. They re mained at bis brother's house for a few days, and nru now at the homo of tihopord’a parents, on Grand street. Guv. Hubbard’s family have matutalucd a strict seclusion since the event transpired. Mrs. Hubbard has boon alarmingly ill. and Mr. Hubbard has been out of the houso hut little. Gov. Hubbard, while.' of course, having a fatherly sympathy for tils daughter, is exceedingly Indignant at her action. Bhcpard does not show himself, and bus vainly sought, through his brother “Tip," to get some assur ances from the ex-Governor. It is wild that ho alfccts to fear personal violence. He certainly has no chance ot ever being recognized by the Hubbards, nor wlii Ida wile, it is believed, bu again received at'homu unless she leaves her husband. Bho has written to her father once since her marriage. 9