Jurisdiction and Procedure of the Federal Courts (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 Excerpt: ...from the justice of the demanding State, or he may, perhaps, assert that the proceedings under which he is held in custody are for other reasons so irregular or improper as to afford no legal ground for his detention. If he wishes he may apply for a writ of habeas corpus to a United States District Court or to a Federal judge. Upon what does his right to do so rest? He is not in the custody of any Federal official or under any process of its Courts. He has not been charged with any violation of its laws. It is possible that the proceedings against him may be so wanting in all regularity that his detention under them may be without due process of law, and therefore in violation of the Fourteenth Amendment; but, as has been stated, it is, even under such circumstances, ordinarily the policy of the Federal Court to avoid precipitate interference with the action of the State authorities. Proceedings for interstate extradition are, however, not in legal theory taken altogether or even principally under State laws. The duty to return fugitives from the justice of other States is imposed by the Federal Constitution upon each of the States, and it has been held that the statement in the constitution as to when a State should return such fugitives is in effect a declaration that it may not return them or may not permit their extradition under other circumstances, although as an independent sovereignty before the adoption of the constitution, it could have done so.8 Therefore it follows that the constitution protects one who is not a fugitive from the justice of one State from being delivered up to that State by the other in which he is found.9 Congress has power to provide by law machinery for executing this constitutional duty. It has done so, but its statutory pro...