State of Minnesota v. Brundage
Decision Date | 18 March 1901 |
Docket Number | No. 159,159 |
Citation | 45 L.Ed. 639,21 S.Ct. 455,180 U.S. 499 |
Parties | STATE OF MINNESOTA, Appt. , v. C. N. BRUNDAGE |
Court | U.S. Supreme Court |
Mr. Jackson H. Ralston for defendants in error.
Mr. W. B. Douglas, Attorney General of Minnesota, for appellant.
Messrs. Wm. D. Guthrie and Albert H. Veeder for appellee.
The appellee Brundage was arrested under a warrant issued by the municipal court of Minneapolis, Minnesota, upon the complaint under oath of the inspector of the State Dairy & Food Department of that state charging him with having violated a statute of Minnesota approved April 19th, 1891, entitled 'An Act to Prevent Fraud in the Sale of Dairy Products, Their Imitations or Substitutes, and to Prohibit and Prevent the Manufacture or Sale of Unhealthy or Adulterated Dairy Products, and to Preserve the Public Health.' Minn. Gen. Laws 1899, chap. 295.
The specific offense charged was that the accused, in the county of Hennepin, Minnesota, 'did wilfully, unlawfully, and wrongfully offer and expose for sale, and have in his possession with intent to sell, a quantity of a certain compound designed to take the place of butter, and made in part from animal and vegetable oils and fats not produced from milk or cream, said compound being an article commonly known as oleomargarine, and being then and there colored with a coloring matter whereby the said article and compound was made to resemble butter, contrary to the statutes in such case made and provided, and against the peace and dignity of the state of Minnesota.'
He was adjudged to be guilty and to pay a fine of $25 and costs, or in default thereof to be committed to the workhouse to undergo hard labor for thirty days, unless he sooner paid the fine and costs or was thence discharged by due course of law.
Having been taken into custody in execution of the judgment, Brundage presented his application to the circuit court of the United States for a writ of habeas corpus, alleging that he was restrained of his liberty in violation of the Constitution of the United States. That court held the statute to be unconstitutional, and discharged the accused from the custody of the state authorities.
The state insists, upon this appeal, that the statute, at least in the particulars applicable to this case, was consistent with the Constitution of the United States.
This question is one of great importance, but we do not deem it necessary now to consider it; for in our opinion the circuit court should have denied the application for the writ of habeas corpus, without prejudice to a renewal of the same after the accused had availed himself of such remedies as the laws of the state afforded for a review of the judgment in the state court of which he complains.
We have held, upon full consideration, that although under existing statutes a circuit court of the United States has jurisdiction upon habeas corpus to discharge from the custody of state officers or tribunals one restrained of his liberty in violation of the Constitution of the United States, it is not required in every case to exercise its power to that end immediately upon application being made for the writ. 'We cannot suppose,' this court has said, Ex parte Royall, 117 U. S. 241, 250, 29 L. ed. 868, 871, 6 Sup. Ct. Rep. 734; Ex parte Fonda, 117 U. S. 516, 518, 29 L. ed. 994, 6 Sup. Ct. Rep. 848; Re Duncan, 139 U. S. 449, 454, sub nom. Duncan v. McCall, 35 L. ed. 219, 222, 11 Sup. Ct. Rep. 573; Re Wood, 140 U. S. 278, 289, Sub nom. Wood v. Bursh, 35 L. ed. 505, 509, 11 Sup. Ct. Rep. 738; McElvaine v. Brush, 142 U. S. 155, 160, 35 L. ed. 971, 973, 12 Sup. Ct. Rep. 156; Cook v. Hart, 146 U. S. 183, 194, 36 L. ed. 934, 939, 13 Sup. Ct. Rep. 40; Re Frederich, 149 U. S. 70, 75, 37 L. ed. 653, 656, 13 Sup. Ct. Rep. 793; New York v. Eno, 155 U. S. 89, 96, 39 L. ed. 80, 83, 15 Sup. Ct. Rep. 30; Pepke v. Cronan, 155 U. S. 100, 39 L. ed. 84, 15 Sup. Ct. Rep. 34; Re Chapman, 156 U. S. 211, 216, 39 L. ed. 401, 402, 15 Sup. Ct. Rep. 331; Whitten v. Tomlinson, 160 U. S. 231, 242, 40 L. ed. 406, 412, 16 Sup. Ct. Rep. 297; Iasigi v. Van De Carr, 166 U. S. 391, 395, 41 L. ed. 1045, 1049, 17 Sup. Ct. Rep. 595; Baker v. Grice, 169 U. S. 284, 290, 42 L. ed. 748, 750, 18 Sup. Ct. Rep. 323; Tinsley v. Anderson, 171 U. S. 101, 105, 43 L. ed. 91, 96, 18 Sup. Ct. Rep. 805; Fitts v. McGhee, 172 U. S. 516, 533, 43 L. ed. 535, 543, 19 Sup. Ct. Rep. 269; Markuson v. Boucher, 175 U. S. 184, 44 L. ed. 124, 20 Sup. Ct. Rep. 76.
There are cases that come within the exceptions to the general rule. In Loncy's Case, 134 U. S. 372, 375, sub nom. Thomas v. Loney, 33 L. ed. 949, 951, 10 Sup. Ct. Rep. 584, 585, it appeared that Loney was held in custody by the state authorities under a charge of perjury committed in giving his deposition as a witness before a notary pbulic in Richmond. Virginia, in the case of a contested election of a member of the House of Representatives of the United States. He was discharged upon a writ of habeas corpus sued out from the circuit court of the United States, this court saying: ...
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...L. ed. 748, 18 Sup. Ct. Rep. 323; Ohio v. Thomas, 173 U. S. 276, 43 L. ed. 699, 19 Sup. Ct. Rep. 453; Minnesota v. Brundage, 180 U. S. 499, 502, 45 L. ed. 639, 640, 21 Sup. Ct. Rep. 455; Reid v. Jones, 187 U. S. 153, 47 L. ed. 116, 23 Sup. Ct. Rep. 89; United States ex rel. Drury v. Lewis, ......
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...the same after the accused had availed himself of such remedies as the laws of the state afforded * * *.' Minnesota v. Brundage, 180 U.S. 499, 500—501, 21 S.Ct. 455, 456, 45 L.Ed. 639. See also Ex parte Royall, supra, 117 U.S., at 254, 6 S.Ct., at 741. With refinements, this doctrine requir......
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CHAPTER 8 EXHAUSTION OF STATE REMEDIES
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