United States ex rel. Mason v. Hunt

RIPPEY, District Judge.

The relator has secured a writ of habeas corpus in this court under section 752 of the Revised Statutes (28 U.S.C.A. § 452), which authorizes the various federal courts to grant writs of habeas corpus for the purpose of an inquiry into the cause of a restraint of liberty. Under the jurisdictional limitation of section 753 of the Revised Statutes (28 U.S.C.A. § 453), the only theory on which the writ is permissible is on the relator’s assertion that he is in custody in violation of the Constitution of the United States. An examination of the facts is necessary to…