Los Angeles herald., 1907-03-12
BOSS IS BALKED
At EVERY TURN
(ContInned from Pnre Onel

(COntinued from Page OneD
Of inviting himself into nominal GUS
tody so that he might then allege him
self to be restrained OF his liberty and
on that allegation sue out writ of
habeas corpus
"Under such circumstances" said
Heney, "the constitution Of the United
States offers this defendant no relief
by the writ he now seeks to obtain
here"
Mr. Murphy replied at great length,
denying all the important charges made
by the prosecution and quoting many
authorities in support of the conten-
ton of the defense that the act of
Superior Judge Hebbard in granting
Ruef an appeal by writ of error was
final judgment in that particular cause
and not renewable. Murphy asserted
that Judge Dunno, together with Heney
and other court officers, had placed
himself clearly in contempt of the SUI
preme court of the United States by
refusing to recognize in Ruef's appeal
a supersedeas suspending his trial in
the lower court. Heney replied vigor-
ously and was followed by Henry Ach,
who made the final argument for Ruef.
Denies Application
In denying Ruef's application for q
writ of habeas corpus Judge De Haven
said that the granting of a writ OF
habeas corpus Is not an absolute right
and that the supreme court of the
United States has declared In a long
line of decisions that district and cir
cult courts should not interfere with
the actions of superior courts unless
some right guaranteed to the petitioner
by the federal constitution was being
violated. In the present instance such
did not appear to be the case.
"As for the contention that the re-
spondents are committing contempt of
the supreme court of the United States
by their refusal to recognize in petit
toner's appeal to that court a super
sedeas staying the proceedings against
him in the lower court. I do not feel
1t incumbent upon me to exercise the
power of this court to protect the juris-
diction of the United States supreme
court. That court is fully able to en-
force respect wherever such enforce
ment may be necessary"
Ruefs counsel at once asked leave to
appeal from this decision and Judge
De Haven refused it.
Decision Not Final
However," he remarked, "the de-
ed as final. There are two other federal
courts to which the petitioner has ac-
cess"
He referred to the United States cir
cult court and the United States cir
cult court of appeals. the latter COM
posed of the two circuit judges and
himself.
Asked if they proposed carrying their
application for writ of habeas corpus
to either of those tribunals counsel for
Ruef replied that they did not yet
know.
Expressing appreciation of the inn
portance of Judge De Haven's decision,
Assistant District Attorney Heney die
tated the following statement:
1.-THE decision of Judge De Haven is in
line with the well settled policy of the
federal courts as declared and en-
forced in numerous decisions by the
supreme court of the United States,
and for this reason we had a right to
and did expect this result and no
other. 1t is extremely gratifying to the
prosecution, as a matter of course, not
so much because it will hasten the trial
of the defendant, but far more because
it will have the proper tendency to in
spire confidence and respect in and for
the authority of our state courts