Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1885-02-06
HABEAS CORPUS APPEALS.



to the United states supreme court, which
he reported last session from the judiciary
committee of the House, and which the
House passed on his report. The Senate
judiciary committee submits with the bill
il copy of Poland's report, adopting it as
its own. In n letter to " member OF the
Senate committee in regard TO the bill,
Poland says ut only restores the ap
peal to the supreme court in such cases
After much reflection, don't see that we
can safely do any more but this, think,
will curb the antics Of II set of district
Judges who have ampliticd their jurisdic
ton so that they make it cover every pos
sible case of unlawful imprisonment
whether under State process or without
any process at all, even when no federal
question is involved" In his report on the
bill, Judge Poland reviews the history of
habeas corpus jurisdiction in the nited
States courts, and shows that 1t originally
extended only to persons in custody .ot
the federal authorities under the general
principle that state and federal jurisdic
ton should be kept absolutely separate.
In 1861 Congress extended the federal ha-
beaS corpus jurisdiction to 'all cases when
any person may he restrained of his or her
liberty, in violation of the constitution, or
This act gave an appeal from Il single
Judge to the circuit court and thence to
the United States supreme court. rms
was part of the "recol struction lcgis!a-
ton Shortly after the passage of this
act. Congress, in order to defeat the at
tempt Of McArdle, Il Mississippi man, to
release himself from military custody of
the 'nited States aui horities, passed an
act repeating the provision of the act OF
1861, allowing an appeal to the United
States supreme court, and his appeal was
dismissed under that act. Since then fed
erai Judges have assumed and exercised
an almost unlimited habeas corpus iuriS-
diction. The Poland bill is designed to
partially correct this. one purpose Is to
have the supreme court define the exact
limits Of the habeas corpus jurisdiction
conferred by the act of 1861 In his re
port. Poland says The district Judge of
Vermont, Il very learned and accomplish
&c Judge. discharged party on writ of
habpas corpus under the following cir
cumstances The man had been convict
ed in the county courts of passing c0un-
forfeited national bank bills. The LeLis-
lature of the State had expressly made
the act a crime against the state. The
man was convicted and sentenced to the
penitcntary, from which he was released
by this writ. The judge held that, by the
proper construction of the Revised Stat
utcs, the States were prohibited from max
lllE SuCD an ACT pllliSilaDlt OF giving tHtiI
courts jurisdiction over il, and That there
fore the State court had no proper iuriS-
dictIon, and their judgment was void !:
secondly, that the man was restrained OF
his liberty lin violation of the laws of the
United States, and therefore came with
in the provisions of the act of lSG1
fHnughtou cX parte fed. rep. go.
Notwithstanding the high character Of
the Judge by humthis decision was made,
the committee is not ready toaccede 10 the
sOundness of either proposition ON which
the decision WAS b'-gd. 1t certainly ad-
mits of very grave doubt whether Con
greSs has any constitutions! power to pre-
vent the States from making such acts
crimes against the State, and giving iurls-
dic,iOn to their courts To punish them.
They do not, however, desire to enter into
any argument us to the SOuIidncsS or nm
sOunlneSS of this particular decision. The
fact Is apparent that II tins JurlSdlCtlOn y
sustained, the final judgments Oithe hiGh
est courts of the States may he held VOID
and overturned by Il single federal judge
OF the lowest judicial rank. and from his
decision there is no appeal. He reviews
some similard decisions by the federal Judges
in California, where il WAS held that any
unlawful imprisonment by anybody fol
any cause. is without due process OF
laW, and therefore within federal habeaH
curptS jurisdiction. In POland's words
IF his reasoning be sound, federal court
ana Judges have sole jurisdiction i'll al
cases Of Imprisonment under federal an
thorty. and concurrent jurisdiction Wit
tn" state courts and Judges i'll all othc
cases. The committee dO not hclleN'
that Congress, in passing the act Of l>.i
intended amy such thing or that
The True Construction of tho Act
warrants any such thing. Nor does Their
seem to have been any occasion for sucl
action, or to stretch federal jurisdiction
INTO the clear domain of State jurlSdiC
liOu. ~ has been done. In the Vernon
ra~e If the petitioner claimed that tn
Vermont statute, under winch he wa
convicted. cOntlicted with II national stat
ute, a writ Of error would have carried hi
case To- he supreme court OF the Unite
State, If the state court decided aGainS
his contention. so, if he did not rase tn
quest on on ms trlHl-Uut the court ht
no jurisdiction, So that the conviction an
sentence were void -tne State courts an
Judges had ample Jurisdiction to rclieV
him on haheas corpus. The same may i
SAID IN substance u the other cases, Bu
i the act of 1867 intended to allow int
ference in cases OF arrests by State OF
GERS, under state authority, the cOmmitte
do not believe that il can properly be COZ
strtcd to authorize the overthrow Of III
ilnal judgment Of the State courts of gcl
erai jurisdiction, by the inferior fedora
Judges, whose judgments shall he Tina
anu IltH illtlht ltlt III "a court VI clIOlS wv
the highest tribunals of the States. I'll
jurisdiction assumed by federal judges,
allowed to continue, and continue unr
strained and unquestiOned, cannot fail
bring the two judicial systems into sci
pus and painful conflict, unless the sta
courts shall tamely submit to be shorn
the Jurisdiction they have eXcluSivel
exercised since the government existed,
Annual Report of the Coinmi >,ioner
Patents.
The annual report of the commission
of patents for the year ending Decemb
81, 1854, has been handed to the Secreta
Of the interior. That part Of the rept
which relates to finances of the burc
shows that there was received during t
year from all sources 81 ,015, IA and tn
here was expended Sg1g, $50, There is
the treasury Of tn" United States h
ancc on account of the patent fund of !
Isl 1913. There were issued during t
year @O,297 patents and designs no |
tents were re-iSsucd, and 1921 trade mar
and 5i3 labels We're registered r.;
patents expired during the year, and