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CARFER V. CALDWELL, 200 U. S. 293 (1906)

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U.S. Supreme Court

Carfer v. Caldwell, 200 U.S. 293 (1906)

Carfer v. Caldwell

No. 360

Submitted January 8, 1906

Decided January 22, 1906

200 U.S. 293


As the jurisdiction of courts of the United States to issue writs of habeas corpus is limited to cases of persons alleged to be restrained of their liberty in violation of the Constitution or of some law or treaty of the United States, and cases arising under the law of nations, a Circuit Court cannot issue the writ to release a citizen from imprisonment by another citizen of the state merely because the imprisonment is illegal.

The objection of a person, committed for contempt for refusing to appear before a legislative committee, that the subject which it had been appointed to investigate was not within the jurisdiction of the legislature, under a provision in the state constitution, that neither the legislative, executive, nor judicial departments should exercise powers belonging to either of the others, does not present any question under the due process clause of the Fourteenth Amendment. chanroblesvirtualawlibrary

Page 200 U. S. 294

The facts are stated in the opinion. chanroblesvirtualawlibrary

Page 200 U. S. 295

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