State v. Neel
Decision Date | 05 March 1887 |
Parties | STATE ex rel. ARKANSAS INDUSTRIAL CO. <I>v.</I> NEEL. |
Court | Arkansas Supreme Court |
Caruth & Erbane and U. M. & G. B. Rose, for petitioner. Thos. B. Martin, Met. L. Jones, and M. L. Bell, for respondents.
On the sixteenth of January, 1887, the Arkansas Industrial Company presented a petition to this court, alleging therein, among other things, that on the tenth of January, 1887, it presented to the Pulaski chancery court its petition in which it set forth and showed the following facts: That in 1883 the state of Arkansas, for a valuable consideration, made and executed to Townsend & Fitzpatrick a lease of the state penitentiary, together with the custody, use, and control of all the convicts therein confined, for a period of 10 years; that, for a valuable consideration, Townsend & Fitzpatrick subsequently transferred and assigned this lease to relator, and that thereby it became the lessee of the state penitentiary; that prior to this assignment, on the twenty-second of January, 1883, Townsend & Fitzpatrick hired to the defendant, C. M. Neel, for 10 years, 100 of the convicts confined in the state penitentiary, at $12.50 per capita, per month; that this contract with Neel was assigned to it at the time the lease was transferred; that, under this contract, the defendants unlawfully hold in their possession and control and detain 95 convicts, named in the petition, who are duly and lawfully sentenced to confinement in the state penitentiary by courts of competent jurisdiction of the state of Arkansas; that relator is entitled to the custody of these convicts by virtue of its being the lessee of the penitentiary; that relator had demanded the custody and possession of these convicts, and defendants had refused to surrender them; and that it asked the chancery court in that petition for a writ of habeas corpus, directing defendants to produce the bodies of these convicts, and that they be delivered to relator. And relator further states in its petition to this court that defendant filed a response to its petition in the Pulaski chancery court, and that the chancery court, upon a hearing, refused to issue a writ of habeas corpus, and dismissed its petition. The prayer of the petition filed here is that the proceedings of the chancery court be reviewed by this court, and that a writ of habeas corpus be issued as prayed for in its first petition, and that the convicts named in its petition be delivered to it, and for general relief. In response to a writ of certiorari the record and proceedings of the chancery court have been certified to this court, from which it appears that the allegations of relator in both petitions, so far as they are stated in this opinion, are true. They are not denied by the defendants. Both parties appear in this court.
Section 4 of article 7 of the constitution of this state reads as follows:
The jurisdiction of the supreme court of the United States is similar to that of this court. After saying to what cases and controversies the judicial power of the United States shall be limited, the constitution of the United States defines the jurisdiction of the supreme court as follows: In defining the jurisdiction of the district, circuit, and supreme courts of the United States, congress, by an act of September 24, 1789, enacted "that all the before-mentioned courts shall have power to issue writs of scire facias, habeas corpus, and all other writs not especially provided for by statute which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of law, and that either of the justices of the supreme court, as well as judges of the district courts, shall have power to frame writs of habeas corpus for the purpose of an inquiry into the cause of commitment: provided, that writs of habeas corpus shall in no case extend to prisoners in jail, unless they are in custody under or by color of the authority of the United States, or are committed for trial before some court of the same, or are necessary to be brought into court to testify."
Under the constitution of the United States and this act of congress, the supreme court of the United States has in numerous cases held that it can, in the exercise of its appellate jurisdiction, issue the writ of habeas corpus, and hear and determine the same.
In Ex parte Yerger, 8 Wall. 85, Chief Justice CHASE, after an exhaustive review of the decisions upon that subject, announced the conclusions of the court as follows: "We are obliged to hold, therefore, that in all cases where a circuit court of the United States has, in the exercise of its original jurisdiction, caused a prisoner to be brought before it, and has, after inquiring into the cause of the detention, remanded him to the custody from which he was taken, this court, in the exercise of its appellate jurisdiction, may by the writ of habeas corpus, aided by the writ of certiorari, revise the decision of the circuit court, and, if it be found unwarranted by law, release the prisoner from the unlawful restraint to which he has been remanded."
In commenting upon this jurisdiction, in Ex parte Siebold, 100 U. S. 374, the supreme court of the United States said: ...
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Ex parte O'Neal
... ... was adjudged guilty of murder in the first degree and ... sentenced by the court to serve the balance of his natural ... life in the State penitentiary. The record in the Jackson ... Circuit Court is brought before us by stipulation of counsel ... which dispensed with the necessity for ... judicial authority; there was no court, consequently no ... judgment." In the more recent case of State ... ex rel. v. Neel, 48 Ark. 283, 3 S.W. 631, ... we stated the applicable rule as follows: "If the person ... restrained of his liberty is in custody under process, ... ...