Hudson v. Parker

• Decision Date: 04 February 1895
• Docket Number: No. 9,9
• Citation: 39 L.Ed. 424,15 S.Ct. 450,156 U.S. 277
• Parties: HUDSON v. PARKER, District Judge. Original
• Court: U.S. Supreme Court

156 U.S. 277

15 S.Ct. 450

39 L.Ed. 424

HUDSON

v PARKER, District Judge.

No. 9 Original.

February 4, 1895.

This was a petition for a writ of mandamus to the Honorable Isaac C. Parker, the district judge of the United States for the Western district of Arkansas, to command him to admit the petitioner to bail on a writ of error from this court, dated August 14, 1894, upon a judgment rendered by the district court for that for that district at May term, 1894, to wit, on July 21, 1894, adjudging him, upon conviction by a jury, to be guilty of an assault with intent to kill, and sentencing him to imprisonment for the term of four years at hard labor at Brooklyn, in the state of New York.

The petition alleged that Mr. Justice Brewer, the justice of this court assigned to the Eighth circuit, in which the district court was held, being absent from that circuit and from the city of Washington, the petitioner, on August 14, 1894, presented to Mr. Justice White, at chambers in this city, a petition for a writ of error upon that judgment, and for a supersedeas and bail pending the writ of error; and that Mr. Justice White signed and indorsed upon that petition the following order:

'Writ of error, to operate as a supersedeas, allowed, returnable according to law, the defendant to furnish bond in the sum of five thousand dollars, conditioned according to law, subject to the approval of the district judge. E. D. White, Justice Supreme Court of the United States.

'Washington, August 14, 1894.'

The petition for a mandamus further alleged that on September 3, 1894, after the writ of error had been issued, and the citation served upon the United States, the petitioner presented to the district judge, in open court, and requested him to approve, a bond in the sum of $5,000, executed by himself, as principal, and by four persons, residents of the Western district of Arkansas, as sureties, who (as appeared by their affidavits annexed to the bond) were worth in their own right, over and above their debts and liabilities and the property exempt by law from execution, the sum of $17,500.

This bond, which was filed with the petition for a mandamus, was dated August 27, 1894; recited that the petitioner had sued out a writ of error from this court, upon which a citation had been issued and served upon the United States, and that the petitioner had, by order of Mr. Justice White, been admitted to bail, pending the writ of error, in the sum of $5,000; and was conditioned that the petitioner should prosecute his writ of error with effect and without delay, and should abide the judgment of this court, and, if this court should reverse the judgment of the district court, appear in that court until discharged according to law.

The petition for a mandamus further alleged that, upon the presentation of this bond to the district judge, he refused to approve it, or to discharge the petitioner, and made and signed an order, which, after reciting the application to him for the approval of the bond, and the order of Mr. Justice White, proceeded and concluded as follows:

'It is found by the judge of this court, that the above order is made without authority of law, and is therefore invalid, and that the bond approved by him in obedience to it would be null and void, and that there would be no obligation of the sureties to have the principal in court when and where he is required by the terms of the bond to appear, nor would there be any obligation resting on the principal to appear as required by the terms of the bond. For the above reasons, the judge of this court refuses to approve the bond tendered by defendant; and further, it is noted that defendant has made no legal tender of bail. I. C. Parker, United States District Judge.'

The petition for a writ of mandamus also alleged that the writ of error had been duly entered and was pending in this court, and the petitioner was still confined in prison at Ft. Smith, in the state of Arkansas; and prayed that the order of Mr. Justice White might be affirmed by this court, and the district judge be ordered to approve the bond, and discharge the petitioner, or that his bond might be approved by this court, and the petitioner discharged; and for all other proper relief.

This court gave leave to file the petition, and granted a rule to show cause why a peremptory mandamus should not issue as prayed for.

The district judge, in his return to the rule, stated that on August 6, 1894 (as appeared by the record), he ordered that, upon the filing of an assignment of errors, the clerk issue a writ of error taking the case to this court, but that, at the request of the petitioner's counsel, stating that they had not determined whether they would take the case to this court, the writ of error was not immediately issued by the clerk, and that the application to Mr. Justice White for a writ of error and for supersedeas and bail was made before the writ of error was issued; that when Mr. Justice White's order was made there had been no citation served, but (as the record showed) the citation, signed by him on August 14, 1894, was not served until August 21, 1894; and that, after Mr. Justice White's order, 'the petitioner, with others, was tried and convicted of conspiracy to run away the principal witness against him in the above-entitled cause; that one of the conspirators gave evidence against him, and that he is now in jail at Fort Smith, Arkansas, on that charge.'

The return also set forth at length various reasons of law why a writ of mandamus should not issue, which may be briefly stated as follows:

First. That the petitioner had a clear, adequate, and complete remedy, by applying to Mr. Justice Brewer, the justice assigned to the Eighth circuit, for the approval of the bond.

Second. That under paragraph 2 of rule 36 (11 Sup. Ct. iv.) of this court, the matter of admitting to bail and approving the bond was a matter requiring the exercise of judicial power and discretion, involving the decision of questions of law and the ascertainment of facts, and could not be controlled by writ of mandamus.

Third. That the bond, if given, would be void, because by paragraph 2 of rule 36 a person convicted and sentenced for crime could only be admitted to bail after citation served.

Fourth. That the bond would be void, because, by paragraph 2 of rule 36, Mr. Justice White, not being the justice of this court assigned to the Eighth circuit (according to the last allotment, made April 2, 1894,—152 U. S. 711, 14 Sup. Ct. x.), nor a judge of the circuit court of that circuit, nor the district judge of any district in that circuit, had no authority to make the order.

Fifth. That paragraph 2 of rule 36 was void, for want of power in this court, either by the common law, or under any act of congress, to order bail to be taken after conviction and sentence of such a crime as that of which the petitioner had been convicted.

The district judge, in concluding his return, submitted the questions involved to the judgment of this court; stated that he would, as a matter of course, enforce by order any decision given by this court in the premises; and prayed to be dismissed without day.

The petitioner demurred to the return.

Wm. M. Cravens and A. H. Garland, for petitioner.

Judge I. C. Parker, in pro. per.

Mr. Justice GRAY, after stating the case, delivered the opinion of the court.

By express acts of congress, beginning with the first organization of the judicial system of the United States, this court and the circuit and district courts are empowered to issue all writs, not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of law. Act Sept. 24, 1789, c. 20, § 14 (1 Stat. 81, 82); Rev. St. § 716; Stockton v. Bishop, 2 How. 74; Hardeman v. Anderson, 4 How. 640; Ex parte Milwaukee R. R., 5 Wall. 188. Under the first judiciary act this court had power 'to make and establish all necessary rules for the orderly conducting of business,' in all the courts of the United States. Act Sept. 24, 1789, c. 20, § 17 (1 Stat. 83). And successive statutes recognized its power to make rules, not inconsistent with the laws of the United States, prescribing the forms of writs and other process at common lawAs writs and other process at common law, as courts. Acts May 8, 1792, c. 36, § 2 (1 Stat. 276); May 19, 1828, c. 68, §§ 1, 3 (4 Stat. 281); Act Aug. 23, 1842, c. 188, § 6 (5 Stat. 518); Wayman v. Southard, 10 Wheat. 1, 27-29; Bank v. Halstead, 10 Wheat. 51; Beers v. Haughton, 9 Pet. 329, 360; Ward v. Chamberlain, 2 Black, 430, 436. Since the act of June 1, 1872 (chapter 255, § 5), indeed, the practice, pleadings, and forms and modes of proceeding in actions at law in the circuit and district courts of the United States are required to conform, as near as may be, to those existing at the time in like causes in the courts of record of the state within which they are held, any rule of court to the contrary notwithstanding. 17 Stat. 197; Rev. St. § 914. But this act does not include the manner of bringing cases from a lower court of the United States to this court. In re Chateaugay Ore & Iron Co., 128 U. S. 544, 9 Sup. Ct. 150; Fishburn v. Railway Co. 137 U. S. 60, 11 Sup. Ct. 8. Under section 917 of the Revised Statutes, therefore, by which (re-enacting to this extent the provision of the act of 1842) 'the supreme court shall have power to prescribe, from time to time, and in any manner not inconsistent with any law of the United States, the forms of writs and other process,' this court has power to regulate the manner of proceeding, or 'mode of process,' in taking bail upon writs of error from this court to the circuit court or district court in civil or criminal cases. Act Sept. 24, 1789, c. 20, § 33 (1 Stat. 91); Rev. St. § 1014; Beers v. Haughton, above cited; U. S. v. Knight, 14 Pet. 301; U. S. v. Rundlett, 2 Curt. 41, Fed....