Collins v. Miller Carlisle v. Collins, Nos. 350 and 351

CourtUnited States Supreme Court
Writing for the CourtBRANDEIS
Citation40 S.Ct. 347,64 L.Ed. 616,252 U.S. 364
Decision Date29 March 1920
Docket NumberNos. 350 and 351
PartiesCOLLINS v. MILLER, U. S. Marshal. CARLISLE, British Consul General, v. COLLINS

252 U.S. 364
40 S.Ct. 347
64 L.Ed. 616
COLLINS

v.

MILLER, U. S. Marshal. CARLISLE, British Consul General, v. COLLINS.

Nos. 350 and 351.
Argued Dec. 9, 1919.
Decided March 29, 1920.

Page 365

Messrs. J. Zach Spearing, of New Orleans, La., and Guion Miller and J. Kemp Bartlett, both of Baltimore, Md., for petitioner.

Messrs. Charles Fox and Donelson Caffery, of New Orleans, La., for marshal and consul general.

Mr. Justice BRANDEIS delivered the opinion of the Court.

These are appeals from a single judgment entered by the District Court of the United States for the Eastern District of Louisiana on a petition for writs of habeas corpus and certiorari. The relator had been arrested on extradition proceedings. Each party asks to have reviewed the construction given below to provisions of our treaty with Great Britain, proclaimed August 9, 1842 (8 Stat. 572, 576), and of the supplementary treaty proclaimed April 22, 1901 (32 Stat. 1864). The questions presented are therefore of a character which may be reviewed upon direct appeal under section 238 of the Judicial Code (Comp. St. § 1215) Charlton v. Kelly, 229 U. S. 447, 33 Sup. Ct. 945, 57 L. Ed. 1274, 46 L. R. A. (N. S.) 397. But this court has jurisdiction on writ of error and appeal under that section, as under others, only from final judgments. McLish v. Roff, 141 U. S. 661, 12 Sup. Ct. 118, 35 L. Ed. 893; Heike v. United States, 217 U. S. 423, 30 Sup. Ct. 539, 54 L. Ed. 821. And the rule applies to habeas corpus proceedings. Harkrader v. Wadley, 172 U. S. 148, 162, 19 Sup. Ct. 119, 43 L. Ed. 399. The fundamental question whether the judgment appealed from

Page 366

is a final one within the meaning of the rule has suggested itself to the court; and it must be answered, although it was not raised by either party. Defiance Water Co. v. Defiance, 191 U. S. 184, 194, 24 Sup. Ct. 63, 48 L. Ed. 140. In order to answer the question it is necessary to describe the proceedings before the committing magistrate as well as those in the District Court on the petition for a writ of habeas corpus.

In October and November, 1918, the British consul general at New Orleans filed with the Honorable Rufus E. Foster, District Judge of the United States for the Eastern District of Louisiana, three separate affidavits, each charging that Charles Glen Collins, who was then within the jurisdiction of that court, had committed at Bombay, India, the crime therein described as obtaining property under false pretenses, and that he stood charged therewith in the Chief Presidency Magistrate's Court at Bombay, and asking that he be committed as a fugitive from justice for the purpose of having him returned to India for trial. Warrants of arrest issued, and Collins moved, as to each affidavit, to dismiss for want of jurisdiction, contending that the transactions in question were commercial dealings in which he had merely failed to pay debts incurred. Hearings, entitled 'In the Matter of Extradition Proceedings of Charles Glen Collins,' were had before Judge Foster, at which the consul general and Collins appeared by counsel. Evidence in support of each of the three affidavits was introduced by the consul general. Then Collins, who was sworn at his request, admitted his identity and that he had been present in India at the times each of the alleged crimes were committed. As to one of the charges, that of obtan ing a pearl button from Mohamed Alli Zaimel ali Raza, he was allowed to testify further. But he was not permitted to testify as to matters concerning the other two which had been consolidated. And he was not permitted to introduce other witnesses in defense of any of the three

Page 367

affidavits. After the hearings were concluded Judge Foster made two orders or judgments signed by him as Judge of said United States District Court and entitled in said court. In these orders he found, as to each of the affidavits, that he deemed the evidence sufficient to sustain the charge under the law and the treaty, and as to each he ordered Collins recommitted to the House of Detention in the custody of the United States marshal for that district to await the order of the President of the United States. The two proceedings (which included the three affidavits) were then consolidated. Under date of November 27, 1918, a certificate setting forth his findings together with a copy of the record in all the proceedings was transmitted to the Secretary of State.

This petition for writs of habeas corpus and certiorari was filed by Collins, in said District Court, on January 8, 1919. It set forth the proceedings before Judge Foster on the three affidavits, and alleged that his detention was illegal and in violation of rights secured to him by the treaty; among other reasons because he was refused permission to introduce evidence as above mentioned. District Judge Grubb ordered that the writs issue; and the marshal made return setting forth in substance the facts above recited. The case was heard before Judge Grubb on February 21, 1919, the record before Judge Foster being introduced. On the same day Judge Grubb, without delivering an opinion, entered an order which declared that 'relator's application for habeas corpus is denied' so far as concerned the charge of obtaining the pearl button from Mohamed Alli Zaimel all Raza, and that 'the writs of habeas corpus are granted' so far as the detention was based on the other two charges, but that the relator be remanded to the House of Detention to await further proceedings in said last two named affidavits.

'And it is further ordered that, as to the said two affidavits last mentioned, this cause be and is hereby remanded

Page 368

to the Honorable Rufus E. Foster, judge, to the end that relator be given the opportunity of introducing such evidence as he might offer at a preliminary examination under the law of Louisiana.

Neither party took any action in respect to such further proceedings before Judge Foster. On March 3, 1919, Collins petitioned for leave to...

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215 practice notes
  • Ahmad v. Wigen, No. 89-CV-715.
    • United States
    • U.S. District Court — Eastern District of New York
    • September 26, 1989
    ...approving extradition is a collateral habeas corpus proceeding. There is no statutory provision for a direct appeal. Collins v. Miller, 252 U.S. 364, 369, 40 S.Ct. 347, 349, 64 L.Ed. 616 (1920) ("proceeding before a committing magistrate 726 F. Supp. 396 in international extradition is......
  • Martinez v. United States, No. 14–5860.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • July 10, 2015
    ...review, judicial review of extradition proceedings may be sought only by petition for a writ of habeas corpus. Collins v. Miller, 252 U.S. 364, 369, 40 S.Ct. 347, 64 L.Ed. 616 (1920) ; see also In re Extradition of Howard, 996 F.2d 1320, 1325 (1st Cir.1993) (discussing this framework in som......
  • Indiana Harbor Belt R. Co. v. American Cyanamid Co., Nos. 87-2252
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • November 7, 1988
    ...multiple parties were generally not appealable until all claims against all parties had been resolved. See, e.g., Collins v. Miller, 252 U.S. 364, 370, 40 S.Ct. 347, 349, 64 L.Ed. 616 (1920) (In order to be appealable, a judgment "should be final not only as to all the parties, but as ......
  • Mackin, Matter of, Nos. 424
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • December 23, 1981
    ...when made by district courts, denying or granting requests for extradition are not appealable under 28 U.S.C. § 1291. Collins v. Miller, 252 U.S. 364, 369, 40 S.Ct. 347, 349, 64 L.Ed. 616 (1920); Caplan v. Vokes, 649 F.2d 1336, 1340 (9 Cir. 1981); Abu Eain v. Wilkes, 641 F.2d 504, 508 (7 Ci......
  • Request a trial to view additional results
215 cases
  • Ahmad v. Wigen, No. 89-CV-715.
    • United States
    • U.S. District Court — Eastern District of New York
    • September 26, 1989
    ...approving extradition is a collateral habeas corpus proceeding. There is no statutory provision for a direct appeal. Collins v. Miller, 252 U.S. 364, 369, 40 S.Ct. 347, 349, 64 L.Ed. 616 (1920) ("proceeding before a committing magistrate 726 F. Supp. 396 in international extradition is not ......
  • Martinez v. United States, No. 14–5860.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • July 10, 2015
    ...review, judicial review of extradition proceedings may be sought only by petition for a writ of habeas corpus. Collins v. Miller, 252 U.S. 364, 369, 40 S.Ct. 347, 64 L.Ed. 616 (1920) ; see also In re Extradition of Howard, 996 F.2d 1320, 1325 (1st Cir.1993) (discussing this framework in som......
  • Indiana Harbor Belt R. Co. v. American Cyanamid Co., Nos. 87-2252
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • November 7, 1988
    ...multiple parties were generally not appealable until all claims against all parties had been resolved. See, e.g., Collins v. Miller, 252 U.S. 364, 370, 40 S.Ct. 347, 349, 64 L.Ed. 616 (1920) (In order to be appealable, a judgment "should be final not only as to all the parties, but as to th......
  • Mackin, Matter of, Nos. 424
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • December 23, 1981
    ...when made by district courts, denying or granting requests for extradition are not appealable under 28 U.S.C. § 1291. Collins v. Miller, 252 U.S. 364, 369, 40 S.Ct. 347, 349, 64 L.Ed. 616 (1920); Caplan v. Vokes, 649 F.2d 1336, 1340 (9 Cir. 1981); Abu Eain v. Wilkes, 641 F.2d 504, 508 (7 Ci......
  • Request a trial to view additional results

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