PETITION FOR A WRIT OF HABEAS CORPUS.
MR. JUSTICE BREWER, after making the foregoing statement, delivered the opinion of the court.
The sixty days named as the term of imprisonment had expired before the case submitted, and indeed had almost expired before the application was made for the writ. There is nothing to show whether the fine and costs have been collected upon execution, as the sentence authorizes. If not so collected and if they cannot be collected, then, though possibly still in jail, he can shortly be discharged on taking the poor debtor's oath. Rev. Stat. § 1042. This section authorizes a discharge after a confinement of thirty days on account of the non-payment of fine and costs. So that within ninety days from February 19, the time the sentence took effect, the petitioner can secure his discharge either by paying the fine and costs or by taking the poor debtor's oath, as above stated.
In Ex parte Baez, 177 U.S. 378, which was an application for a writ of habeas corpus, it appeared that before a return to the writ could be made, or other action taken, the restraint of which the petitioner complained would terminate, and it was held that the application for the writ should be denied. Indeed the case at bar in principle is not unlike Mills v. Green, 159 U.S. 651; New Orleans Flour Inspectors v. Glover, 160 U.S. 170; Kimball v. Kimball, 174 U.S. 158, and Jones v. Montague,
U.S. 147, in each of which intermediate the ruling below and the time for decision here events had happened which prevented the granting of the relief sought, and the appeals or writs of error were dismissed on the ground that this court did not spend its time in deciding a moot case.
While the full jurisdiction of this court in habeas corpus may be conceded, there is in every case a question whether the exercise of such jurisdiction is appropriate. In Ex parte Royall, 117 U.S. 241, Royall, who was held under state process for trial on an indictment charging an offense against the laws of the State, filed his petition in habeas corpus in the Circuit Court of the United States praying release from that custody. The Circuit Court refused to order his discharge, and from its ruling he appealed, and at the same time filed an original petition in this court. Ex parte Royall, 117 U.S. 254. The question was fully considered and it was held that while the Federal courts, Circuit and Supreme, had jurisdiction in the premises, there was a discretion whether in any case a writ should be issued, Mr. Justice Harlan speaking for the court, saying (p. 251):
"That discretion should be exercised in the light of the relations existing, under our system of government, between the judicial tribunals of the Union and of the States, and in recognition of the fact that the public good requires that those relations be not disturbed by unnecessary conflict between courts equally bound to guard and protect rights secured by the Constitution. When the petitioner is in custody by state authority for an act done or omitted to be done in pursuance of a law of the United States, or of an order, process, or decree of a court or judge thereof; or where, being a subject or citizen of a foreign State, and domiciled therein, he is in custody, under like authority, for an act done or omitted under any alleged right, title, authority, privilege, protection, or exemption claimed under the commission, or order, or sanction of any foreign State, or under color thereof, the validity and effect whereof depend upon the law of nations; in such and like cases of urgency, involving the authority and operations of the General
Government, or the obligations of this country to, or its relations with, foreign nations, the courts of the United States have frequently interposed by writs of habeas corpus and discharged prisoners who were held in custody under state authority."
And again, after commenting on the relations of state and national courts (p. 252):
"That these salutary principles may have full operation, and in harmony with what we suppose was the intention of Congress in the enactments in question, this court holds that where a person is in custody, under process from a state court of original jurisdiction, for an alleged offense against the laws of such State, and it is claimed that he is restrained of his liberty in violation of the Constitution of the United States, the Circuit Court has a discretion whether it will discharge him, upon habeas corpus, in advance of his trial in the court in which he is indicted; that discretion, however, to be subordinated to any special circumstances requiring immediate action. When the state court shall have finally acted upon the case, the Circuit Court has still a discretion whether, under all the circumstances then existing, the accused, if convicted, shall be put to his writ of error from the highest court of the State, or whether it will proceed, by writ of habeas corpus, summarily to determine whether the petitioner is restrained of his liberty in violation of the Constitution of the United States."
The propositions thus laid down have been upheld by repeated decisions of this court. Ex parte Fonda, 117 U.S. 516; In re Duncan, 139 U.S. 449; In re Wood, 140 U.S. 278; Cook v. Hart, 146 U.S. 183; In re Frederich, Petitioner, 149 U.S. 70; New York v. Eno, 155 U.S. 89; Pepke v. Cronan, 155 U.S. 100; Andrews v. Swartz, 156 U.S. 272; Whitten v. Tomlinson, 160 U.S. 231; Kohl v. Lehlback, 160 U.S. 293; Iasigi v. Van De Carr, 166 U.S. 391; In re Eckart, Petitioner, 166 U.S. 481; Baker v. Grice, 169 U.S. 284; Tinsley v. Anderson, 1 ...