Kilbourn v. Thompson

Supreme Court of the United States · 1880 · Federal Courts

Federal CourtsSeparation of PowersCongressional InvestigationsSpeech or Debate Clausecontempt of Congresscongressional investigatory powerjurisdictionjudicial power

Facts

The House of Representatives authorized a committee to investigate the 'real-estate pool' and matters connected with the bankruptcy of Jay Cooke & Co., including an alleged settlement said to disadvantage creditors, among them the United States. Kilbourn was summoned before the committee, refused to answer certain questions and refused to produce books and papers. The committee reported his refusal, the House resolved that he was in contempt, and the Speaker issued a warrant under which the Sergeant-at-Arms imprisoned him. Kilbourn then sued for false imprisonment.

Issue

Could the House of Representatives lawfully compel Kilbourn to testify in this investigation and punish him for contempt when the inquiry concerned private affairs and a matter already pending in court? If not, were the House's contempt resolution and warrant void, and were member-defendants nonetheless protected by the Speech or Debate Clause?

Rule

Neither House of Congress has a general power to inquire into the private affairs of citizens. A person may not be punished for contumacy as a witness before either House unless his testimony is required in a matter into which that House has jurisdiction to inquire; if the House acts beyond that jurisdiction, its contempt order and commitment are void and courts may so determine. At the same time, members are not liable elsewhere for legislative acts such as reports, resolutions, debate, and voting done in the course of House business.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

A committee of the House of Representatives in Washington, D.C., opens an inquiry into a failed cattle-trading venture run by Owen Mercer and Lina Patel in Kansas City, Missouri. The committee states that one investor is a federal contractor who may later default on money allegedly owed to the United States, and it subpoenas Mercer’s private ledgers and testimony about the venture’s internal dealings.

If Mercer refuses to answer and the House has him jailed for contempt, which is the best argument that the contempt order is invalid?

Explanation. The majority held that neither House has a general power to inquire into the private affairs of citizens, and a witness cannot be punished for contumacy unless the testimony is sought in a matter within that House’s jurisdiction to inquire. An inquiry into private business dealings, with no identified legislative function or other constitutionally committed House function, is beyond that authority, so a contempt commitment would be void.