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Under statute regulating soldiers' home. - the law of the state, he cannot be released by See Ohio 1'. Thomas, (1899) 173 U. S. 276. the federal courts on habeas corpus. Walker

In construction of postal and telegraph line t. Lea, (1891) 47 Fed. Rep. 645. under Act of Congress. See Ex p. Conway, Under the bankrupt law, a debt created by (1891) 48 Fed. Rep. 77.

a fraud or embezzlement of the bankrupt is The federal courts may release a person not discharged by proceedings in bankruptcy, after his conviction by a state court as well and where there was such fraud, and the state as before a trial, when he is restrained of his law provides for the arrest of such debtor, he liberty for an act done in pursuance of a law cannot be released on habeas corpus by the of the United States lawfully enacted.” United States courts. But it is the duty of Campbell v. Waite, (C. C. A. 1898) 88 Fed. the United States court to examine all legal Rep. 102.

evidence brought before it from any quarter Act done or omitted in pursuance of an whatever, tending to show that a debt not order, process, or decree. — United States dischargeable by the discharge of the bankmarshals, deputies, and assistants, held by rupt has or has not been contracted — the state authorities for acts done by them in the existence or nonexistence of fraud. In re Alsservice of process issued from a federal court, berg, (1877) 16 Nat. Bankr. Reg. 116, 1 Fed. should be discharged by a federal court on Cas. No. 261. habeas corpus. Anderson v. Elliott, (C. C. A. A federal court has no authority to relieve 1900) 101 Fed. Rep. 609; U. S. 1. Morris, from imprisonment, on state process, a dis(1854) 2 Am. L. Reg. 348, 26 Fed. Cas. No. charged bankrupt who was arrested in a civil 15,811; U. S. v. Harris, (1872) 26 Fed. Cas. action, the writ in which declared in tort in No. 15,313; Ex p. Sifford, (1857) 5 Am. L. the nature of deceit, alleging the obtaining of Reg. 659, 22 Fed. Cas. No. 12,848; Ex p. goods by certain false and fraudulent repreJenkins, (1853) 2 Wall. Jr. (C. C.) 521; sentations. Re Devoe, (1868) 1 Lowell (U. Ex p. Robinson, (1855) 6 McLean (U. S.) S.) 251. See Matter of Kimball, (1868) 2 355. As when the officer has been committed Ben. (U. S.) 554; and Matter of Glaser, by a state court for contempt in refusing to (1868) 2 Ben. (U. S.) 180, in which the peobey the order of a state court to produce titioners were released by the federal court, as before that court a person held by the mar the actions were founded on simple contract shal under an order of a United States con debts, which, on their face, would be provable missioner acting under a federal statute. and discharged in bankruptcy, and the arrests Ex p. Robinson, (1856) 1 Bond (U. S.) 39. were founded only on ex parte affidavits of And when held under an order of a state fraud. court for a supposed contempt in failing to When a state court, in defiance of the surrender to that court documents and papers propositions laid down, and of the order stay. which had been obtained by the United States ing its proceedings lawfully made by the court for use in a case concerning which that bankrupt court, has assumed the power, while court had concurrent jurisdiction, and of bankruptcy proceedings are pending, to comwhich it had first acquired jurisdiction. Ex p. mit a bankrupt to jail for omitting to pay Turner, (1879) 3 Woods (U. S.) 603.

certain instalments of alimony due under the All power necessary to perform duty. judgment of the state court rendered before When United States officers undertake to ex the adjudication in bankruptcy, and from . ecute the process or orders of the United which he might be discharged in bankruptcy

States courts they do so by authority of the proceedings, the case is plainly within the laws of the United States, and all power provisions of this section, which manifestly necessary and proper to enable them to per includes cases of this character, as well as form their duty is given by the laws of the the more general one where the imprisonment United States; and when such officers are held is in violation of the Constitution and laws by state authorities, for acts committed which of the United States. In re Houston, (1899) are necessary and proper to enable them to 94 Fed. Rep. 119. perform their duty, they will be released on No intent to interfere with federal process. habeas corpus.

It is the duty of the United A deputy United States marshal was arStates to protect its officers, when performing rested and lodged in state jail, while on his their duty, and there is no question about the way to serve process, under commitment by power to do so.”

U. S. v. Fullhart, (1891) a trial justice of the state upon charges of 47 Fed. Rep. 802.

forgery and felony. He was held not entitled As in a case of homicide in attempting to to be released on habeas corpus where it did execute a warrant of arrest. Kelly v. Georgia, not appear that he was arrested under state (1895) 68 Fed. Rep. 652; U. S. v. Jailer, authority for any act done in pursuance of (1867) 2 Abb. (U. S.) 265.

federal authority, and warranted by it, nor Within respective districts. — The authority that he was arrested by the state authorities of the United States marshals and their with the motive or intent on the part of any deputies to act in an official capacity is con one to interfere with the service of process of fined by section 787, R. S., to the respective the United States. In re Miller, (1890) 42 districts for which they have been appointed. Fed. Rep. 307. Outside that district such an officer is simply Process obtained by perjury. — The pea private citizen, and, as such, is amenable titioner was indicted in a state court for to the laws of the place where he may be, and larceny alleged to have been committed under when, in an unlawful attempt to serve a war color of a writ of replevin issued by the fedrant outside of his own district, he is ar eral court, obtained upon the affidavit of the rested by state authorities for carrying con petitioner. The federal court refused to recealed weapons, which is an offense against lease on habeas corpus where it appeared that

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the writ of replevin had been obtained by responses thereto in habeas corpus proceedperjury and the filing of a worthless bond, ings, and has found that the petitioner was and that thes and other facts and circum acting in discharge of his duty as an officer stances showed that gross and infamous fraud of the United States when he committed the had been practiced upon the court. Ex p. offense charged against him in the state Thompson, (1876) 1 Flipp, (U. S.) 507. courts, the findings of such federal court or Duty of marshal or executive officer. - No

judge cannot be attacked by a state court in state judge or court, judicially informed that a collateral proceeding on account of supposed the party is imprisoned under the authority irregularity in the manner of procedure beof the United States, has any right to inter fore such federal court or judge. State v. fere with him, or to require him to be Adler, (1900) 67 Ark, 469. brought before the judge or court. “It is In custody in violation of the Constitution the duty of the marshal, or other person hold or of a law or treaty of the United States." ing him, to make known, by a proper return, -“ Whether

the appellant is a the authority under which he detains him, prisoner in jail, within the meaning of sec[but] it is at the same time imperatively his tion 753, or is restrained of his liberty by an duty to obey the process of the United States, officer of the law executing the process of a to hold the prisoner in custody under it, and court of Virginia, in either case, it being alto refuse obedience to the mandate or process leged under oath that he is held in custody in of any other government. And consequently violation of the Constitution, the Circuit it is his duty not to take the prisoner, nor Court has, by the express words of the statsuffer him to be taken, before a state judge ute, jurisdiction on habeas corpus to inquire or court upon a habeas corpus issued under into the cause for which he is restrained of state authority." Ableman 1. Booth, (1858) his liberty, and to dispose of him ' as law and 21 How. (U. S.) 506. See Charge to Grand justice require.' Ex p. Royall, (1886) 117 Jury, (1851) 1 Blatchf. (U. S.) 635.

U. S. 247. In commenting on the case of Ableman v. The courts of the United States have juris. Booth, (1858) 21 How. (U, S.) 506, the At diction on habeas corpus to discharge from torney-General (Gormley's Case, (1867) 12 Op. custody a person who is restrained of his Atty. Gen. 258) said that the language used liberty in violation of the Constitution or a in that opinion was not very specific, but he law of the United States, although he may understood it as only applicable to proceed be held under state process for an alleged ings upon habeas corpus in state courts, in offense against the laws of such state. U. S. case of imprisonment under process issued v. Fiscus, (1890) 42 Fed. Rep. 395; In re under the authority of the United States. Reinitz, (1889) 39 Fed. Rep. 204. The duty of the marshal to obey the process A person is not in jail in custody in violaof the United States, to hold the prisoner in tion of the Constitution or of a law of the custody under it, and to refuse obedience to United States, when he is committed to the a state mandate or process, does not extend county jail in default of giving bond for the to an executive officer who has under his con maintenance of a bastırd child under judg trol a person alleged to be so in violation of ment of the state court notwithstanding a the federal law, as in the case of a minor discharge from bankruptcy, as such debt is enlisted in the naval service, so as to excuse not one from which his discharge in banksuch executive officer from making full return ruptcy would be a release. In re Baker, to, and producing the body before, the state (1899) 96 Fed. Rep. 954. court issuing the writ of habeas corpus there Construction of state statutes. Matters for, within whose territorial limits is the al involving only the construction of state stat. leged illegal detention. See also Tarble's utes should be determined by the courts of Case, (1871) 13 Wall. (U. S.) 409.

the state, whose determination in respect Federal court may inquire into facts. -- The thereto is binding upon the federal court. federal court is not concluded by the return Storti v. Massachusetts, (1901) 183 U. S. 138; showing commitment by the state court, or In re Converse, (1891) 137 U, S, 624, by the indictment or information, as the case The United States court cannot on a writ may be, but may inquire from the facts before of habeas corpus construe state laws, and the court, by proof aliunde, whether or not hold that they give a writ of error to the the alleged acts charged as a violation of the state Supreme Court, and discharge petitioner state laws were done“ in pursuance of a law on the ground either that the courts of the of the United States, or of an order, process, state have arrived at a different conclusion or decree of a court or judge thereof."

and denied the writ, or have granted it and Houston, (1899) 94 Fed. Rep. 119; Campbell refused to make it effectual, Kohl v. Lehlt'. Waite, (C. C. A. 1898) 88 Fed. Rep. 102: back, (1895) 160 U. S. 293. In re Marsh, (1892) 51 Fed. Rep. 277; Walker The violation of a right implied out of the v. Lea, (1891) 47 Fed. Rep. 645; U. S. v. Constitution and laws of the United States McClay, (1877) 4 Cent. L. J. 255, 26 Fed. would be a violation of them. In re Fitton, Cas, No. 15,660; Em p. Sifford, (1857) 5 Am. (1891) 45 Fed. Rep. 471. L. Reg. 659, 22 Fed. Cas. No. 12,848; Ex p. The word “law" has a wider signification Jenkins, (1853) 2 Wall. Jr. (C. C.) 521; than a statute or publicly declared decision, Griffin's Case, (1869) Chase (U. S.) 364, See and may include an obligation arising on a also Robb 1. Connolly, (1884) 111 U. S. regulation promulgated by a department ac. 624.

cording to law, an act in pursunnce of which State court cannot collaterally attack. - would be therefore in pursuance of law. In When a federal court or judge has heard and re Hirsch, (1896) 74 Fed. Rep. 928. See also determined issues made by a petition and In re Huttman, (1895) 70 Fed. Rep. 699.

In re


Unconstitutional federal statute.- A party part of the legal machinery of the state, as imprisoned under a sentence of a United well as against the whole of it. In re MonStates court, upon conviction of a crime cre roe, (1891) 46 Fed. Rep. 52. ated by and indictable under an unconstitu Commitment for contempt by a police tional Act of Congress, may be discharged magistrate, for a longer period than allowed from imprisonment by the Supreme Court on by the law of the state. in re Monroe, (1891) habeas corpus, although it has no appellate 46 Fed. Rep. 52. jurisdiction by writ of error over the judg. Arrest under a void city ordinance. In re ment, Ex p. Siebold, (1879) 100 U. S. 371. Lee Tong, (1883) 18 Fed. Rep. 253. See also

Fifth amendment -- Indictment by grand In re Ah Jow, (1886) 29 Fed. Rep. 181; In re jury. — A prisoner who has been tried, con Wo Lee, (1886) 26 Fed. Rep. 471; Stockton victed, and sentenced to imprisonment, by a Laundry Case, (1886) 26 Fed. Rep. 611; Circuit Court of the United States, the in Laundry License Case, (1885) 22 Fed. Rep. dictment having been amended by the district 701; In re Quong Woo, (1882) 13 Fed. Rep. attorney, by leave of the court, after it had 229; Yick Wo v. Hopkins, (1886) 118 U. S. been returned by the grand jury, is entitled 356. to his discharge under a writ of habeas corpus Act charged not a violation of the municiissued by the Supreme Court, on the ground pal ordinance. Ex p. Ah Lit, (1886) 26 Fed. that the proceeding was void. It is of no

Rep. 512. avail, under such circumstances, to say that the De facto judge. -- But where it appears that court still has jurisdiction of the person and the petitioner has been convicted of the ofof the crime; for, though it has possession fense charged against him in a court having of the person, and would have jurisdiction of jurisdiction of the subject matter and the the crime, if it were properly presented by person, held by at least a de facto judge, he indictment, the jurisdiction of the offense is is not, so far as the federal court can inquire, gone, and the court has no right to proceed restrained of his liberty or adjudged to lose any further in the progress of the case for his life or property without due process of want of an indictment." Er p. Bain, (1887) law. In re Ah Lee, (1880) 5 Fed. Rep. 899; 121 U. S. 1.

Giozza v. Tiernan, (1893) 148 U. S. 657. The petitioner had been convicted in a Errors of state courts. — “The national special Supreme Court of the Cherokee courts have no power to relieve a citizen from Nation, on a charge of murder, upon an in injustice resulting from maladministration of dictment returned by a body consisting of state laws or from errors of the state courts. five grand jurors. Upon a petition for a writ Upon the courts and judicial officers of the of habeas corpus upon the ground that the state he must depend for securing such rights grand jury, consisting only of five persons, as the laws of the state give him."

In re was not a grand jury within the contempla Humason, (1891) 46 Fed. Rep. 392. See tion of the Fifth Amendment of the Constitu Storti v. Massachusetts, (1901) 183 U. S. tion, the court said that this amendment 138; In re Converse, (1891) 137 U. S. 624; does not apply to the local legislation of the In re Graham, .(1891) 138 U. S. 461. Cherokee nation so as to require all prosecu

If the trial and sentence in a state court tions for offenses committed against the laws are made wholly void by a law of the United of that nation to be initiated by a grand jury States, any custody under them is a violation organized in accordance with the provisions of that law, relief from which is expressly of that amendment. The powers of local gov left on habeas corpus with the courts of the ernment exercised by the Cherokee nation are United States. In re Fitton, (1893) 55 Fed. not federal powers created by and springing Rep. 271. from the Constitution of the United States, On constitutional questions. “ It often but are local powers not created by the Con occurs in the progress of a criminal trial in stitution, although subject to its general pro a state court, proceeding under a statute not vision and the paramount authority of repugnant to the Constitution of the United Congress. Talton v. Mayes, (1896) 163 U. S. States, that questions occur which involve 376.

the construction of that instrument and the Witness against himself. The Constitu determination of rights asserted under it. tion provides that no person shall be com But that does not justify an interference with pelled in any criminal case to be a witness its proceedings by a Čircuit Court of the against himself, and on the commitment of a United States, upon a writ of habeas corpus person for refusing to answer a set of ques sued out by the accused either during or after tions tending to show his connection with the the trial in the state court.” In re Wood, misdemeanor charged, he should be released (1891) 140 U. S. 286. on habeas corpus, notwithstanding that some An indictment for homicide outside the of the questions could have been answered jurisdiction of the county and state which without endangering the petitioner. Foot v. has taken cognizance of the offense will not Buchanan, (1902) 113 Fed. Rep. 156.

entitle the defendant to release on habeas Fourteenth amendment Die process of corpus, as such defendant is not "in custody law. — The federal court has jurisdiction to in violation of the Constitution or of a law issue a writ in behalf of a citizen who is al or treaty of the United States." leged to be illegally restrained, whether it is Pritchard, (1890) 43 Fed. Rep. 915. done under color of state authority or Defective indictment. — If an indictment in national authority, and the inhibition of the a state court, under statutes not void under constitutional provision, "nor shall any state the Constitution of the United States, be dedeprive any citizen of life, liberty, or property fective, according to the essentiel principles without due process of law,” goes against any of criminal procedure, an error in rendering

Ex P.

judgment upon it even if the accused at the A judgment on an unconstitutional statute trial objected to it as insufficient — should would be void, not merely voidable, and the not be made the basis of jurisdiction in a federal court has jurisdiction on habeas court of the United States to issue a writ of corpus to inquire into the validity of the habeas corpus. Bergemann 1. Backer, (1895) state statute. In re Wong Yung Quy, (1880) 157 ('. S. 655. See also Kohl v. Lehback, 47 Fed. Rep. 717. (1895) 160 U. S. 293; In re Green, (1890) A state statute forbidding the intermar134 U. S. 377.

riage of a white person with a negro is not a Alien juror. — The objection that one of denial of the equal protection of the law. the jurors by whom petitioner was tried was Ex p. Kinney, (1879) 3 Hughes (U. S.) 9. an alien, cannot be sustained as involving an Against interstate commerce. - A South infraction of the Constitution of the United Carolina statute declared it a misdemeanor, States. Kohl v. Lehlback, (1895) 160 U. S. punishable by fine or imprisonment, for any 293.

person, except as provided in the Act, to No citizens of negro race summoned to serve bring into the state, by any means or mode on jury. — See Ex p. Murray, (1895) 66 Fed. of carriage, any liquor or liquids containing Rep. 297.

alcohol. The undisputed facts were that An order of a state court for the execution liquors were shipped at the port of Savannah, of the defendant, fixing a time for the execu Ga., for the port of Charleston, S. C., on the tion so near at hand as to be in violation of schooner of which the petitioners were master rights secured to the defendant by the stat and crew; that, immediately on reaching the utes of the state, does not violate any pro wharf, they were arrested and detained in vision of the United States Constitution, or custody by the city police and afterwards held any law of Congress made in pursuance under a warrant; that they did not land their thereof, and a federal court is without au cargo or any part of it; and that, when they thority, under a writ of habeas corpus, to re were arrested, it was afloat. They were actuverse or set aside the order of the state court. ally engaged when arrested in interstate comIn re Durrant, (1897) 84 Fed. Rep. 314. merce, their detention by the police was un

Commitment for contempt. – A federal lawful, and the warrant by which they were judge has no jurisdiction in a case of com incarcerated was based on a provision of law mitment as for contempt by order of a state in conflict with the Constitution and law of court, for violating an order made in a suit the United States. Ex p. Jervey, (1895) 66 pending in that court, even though the suit Fed. Rep. 957. related to Indian lands which, by federal Irreconcilability must be clearly shown. statute, have been withdrawn from the opera An irreconcilable antagonism between a state tion of state laws. Ex p. Forbes, (1870) I statute and the United States Constitution Dill. (U. S.) 363.

must be clearly shown before the process of Persons in custody for disobedience of any the United States court can be invoked, esorder of a state court cannot be released by pecially where the statute has received a conmerely showing that the order of commit struction by the highest court of the state not ment is erroneous; it must be absolutely void. recognizing any antagonism. In re Hoover, Electoral College Case, (1876) 1 Hughes (U. (1887) 30 Fed. Rep. 51. See also In re JorS.) 571. See also Er p. Young, (1892) 50 dan, (1892) 49 Fed. Rep. 238. Fed. Rep. 526.

Conflicts with state constitution. —— The Arrest of one out on federal bail. — Where federal courts cannot, on a writ of habeas the petitioner, admitted to bail while under corpus, consider whether a state statute, indictment in the federal court, was arrested under which petitioner is held, is in conflict and imprisoned by state authorities, upon with the Constitution of the state.

In re warrants charging him with crimes under the Brosnahan, (1883) 18 Fed. Rep. 62. See also state laws, he was held not entitled to be re Kohl i'. Lehlback, (1895) 160 U. S. 293; Anleased on habeas corpus, either on his own drews 1. Swartz, (1895) 156 U. S. 272; Crowpetition, or by the desire of the sureties on ley v. Christensen, (1890) 137 U. S. 86. the bail bond to surrender him under the In violation of federal law E.rclusive provisions of section 1018, R. S. Such im jurisdiction. — The offense of passing counprisonment by the state authorities is not in terfeited national bank bills is one of which violation of any statute law of the United the courts of the United States have exclusive States, and the question of conflict of juris jurisdiction, and a petitioner will be disdiction is not one which can be raised by the charged on habeas corpus from imprisonment petitioner or his sureties. In re Fox, (1892) in a prison of a state, under sentence of a 51 Fed. Rep. 427.

court of the state for such an offense, as such Unconstitutional state statute. — A person imprisonment is contrary to the law of the held by state authorities, under an indictment United States. Ex p. Houghton, (1881) 8 based upon a state statute which is clearly a Fed. Rep. 897, 7 Fed. Rep. 657. See U. S. v. violation of the United States Constitution, Rector, (1850) 5 McLean (U. S.) 174. should be released on habeas corpus. Ex p. Act permitted by federal statute. Parties McCready, (1874) I Hughes (U. S.) 598. See have a right, under the laws of the United Ea p. Kinney, (1879) 3 Hughes (U. S.) 9; States, to pilot vessels in and out of the MisMinnesota 1. Barber, (1890) 136 U. S. 313; sissippi river to the sea through the South In re Ziebold, (1885) 23 Fed. Rep. 791. Pass, although they are not duly licensed and

Otherwise when conviction was had under commissioned branch pilots under the laws of a constitutional state statute, of which there Louisiana. To imprison them for exercising is an unconstitutional amendment.

this right is therefore to imprison them in Davis, (1884) 21 Fed. Rep. 396.

violation of the laws of the United States,

Er p.

and they may be released by the federal courts on habeas corpus. U. S. 15. Spink, (1884) 19 Fed. Rep. 631.

In violation of a treaty. – A treaty with a foreign country, giving consuls police authority over the interior of ships and jurisdiction in civil matters arising out of disputes or differences on board, does not give a consul the right to the release on habeas corpus of one held by state authorities for a feloneous homicide committed on board while in port.

Disorders which disturb only the peace of the ship or those on board are to be dealt with exclusively by the sovereignty of the home of the ship, but those which disturb the public peace may be suppressed, and, if need be, the offenders punished by the proper authorities of the local jurisdiction.” Wildenhus's Case, (1887) 120 U. S. 1.

Equality of treatment of citizens. А treaty between the United States and a foreign country, requiring equality of treatment,

and that the same rights and privileges be accorded to a citizen of that country that are given to a citizen of the United States under like circumstances, gives to a citizen of that country such rights and liberties as are accorded by the several states to their citizens. Storti 1'. Massachusetts, (1901) 183 U. S. 138.

Indian treaty. A state game law is operative within its territorial limits notwithstanding an Indian treaty giving hunting privilege on unoccupied land. Ward v. Race Ilorse, (1896) 163 Ū. S. 504.

To bring into court to testify. – A commissioner of the Circuit Court has not the power to issue a writ of habeas corpus, to take from jail a person committed by the authority of the United States, and bring him before the commissioner, for the purpose of giving his deposition before such commissioner, to be used in a cause pending in the District Court. Ex p. Barnes, (1846) 1 Sprague (U. S.) 133.

Sec. 754. [Application for the writ of habeas corpus.] Application for writ of habeas corpus shall be made to the court, or justice, or judge authorized to issue the same, by complaint in writing, signed by the person for whose relief it is intended, setting forth the facts concerning the detention of the party restrained, in whose custody he is detained, and by virtue of what claim or authority, if known. The facts set forth in the complaint shall be verified by the oath of the person making the application. [R. S.]

Act of Feb. 5, 1867, ch. 28, 14 Stat. L. 385. tion for a writ of habeas corpus is not

Allegations must be specific. -- It is not signed by the person for whose relief it is enough, in order to require the court to issue intended," nor affirmatively shows that the a writ of habeas corpus, that the petition application is made at his instance or realleges that the prisoner is held in violation quest, would justify a refusal of the writ. of the Constitution of the United States, or in re Craig, (1895) 70 Fed. Rep. 969. See of a treaty with a foreign nation. That is a also In re Chavez, (1896) 72 Fed. Rep. 1006; mere formal allegation, covering conclusions Gusman 1. Marrero, (1901) 180 U. S. 81. of law as well as of fact, and the petition The language of section 760, infra, seems must present specific allegations raising an to contemplate that the petitioner may be one issue. In re Storti, (1901) 109 Fed. Rep. person and the party restrained another. 807. See also King 1. McLean Asylum, (C. In re Hoyle, (1879) 1 Crim. L. Mag. 472, 1.. C. A. 1894) 64 Fed. Rep. 325.

Fed. Cas. No. 6,803. “If the detention is claimed to be unlaw Person" includes an Indian. - The habeas ful by reason of the invalidity of the process corpus acts nowhere describe the persons enor proceedings under which the party is held titled to the benefits of the writ as in custody, copies of such process or proceed zens,” nor is citizenship in any way or place ings must be annexed to or the essential parts made a qualification for suing out the writ. thereof set out in the petition, and mere aver U. S. v. Crook, (1879) 5 Dill. (U. S.) 453. ments of conclusions of law are necessarily The relator, a deputy marshal, had a cominadequate." And when copies of the infor missioner's warrant for the arrest on extramation, the verdict, and the judgment thereon dition proceedings for forgery in a foreign are not attached to the petition, nor the es country of a person in jail. The return of the sential parts thereof stated, nor any cause jailer showed that the prisoner was committed assigned for such omission, the petition is to his custody on two executions and two wholly insufficient. Craemer v. Washington, writs of attachment in civil actions against (1897) 168 U. S. 128. See also Whitten v. the body of the prisoner as an absconding Tomlinson, (1895) 160 U. S. 231; Kohl v. debtor. The relator had sufficient interest to Lehlback, (1895) 160 U. S. 293; Cuddy, Pe authorize him to move for this writ, as he had titioner, (1889) 131 U. S. 280; Andersen v. the right, and was under the duty, to take Treat, (1898) 172 U. S. 24.

the body of the prisoner, and bring him before Facts duly alleged may be taken to be true, the commissioner, to be dealt with in extraunless denied by the return, or controlled by dition proceedings. In re Mineau, (1891) 45 other evidence. But no allegation of fact in Fed. Rep. 188. the petition can be assumed to be admitted State statute. A proceeding for a writ of unless distinct and unambiguous. Whitten v. habeas corpus is not governed by the proTomlinson, (1895) 160 U. S. 231. See also visions of a state statute which allows the Kohl v. Lehlback, (1895) 160 U. S. 293. writ to issue on the petition of the person Who may be petitioner. — That an applica detained, or that of any one on his behalf, but

“ citi

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