Minotto v. Bradley
District Court, N.D. Illinois
Petition by James Minotto for writ of habeas corpus to be directed to John J. Bradley, United States Marshal for the Northern District of Illinois. The petition recites that petitioner is an Italian citizen, and is unlawfully held by the United Stales marshal by virtue of a warrant issued under a presidential proclamation made pursuant to sections 4067-4070 of the Revised Statutes (Comp.
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Petition by James Minotto for writ of habeas corpus to be directed to John J. Bradley, United States Marshal for the Northern District of Illinois. The petition recites that petitioner is an Italian citizen, and is unlawfully held by the United Stales marshal by virtue of a warrant issued under a presidential proclamation made pursuant to sections 4067-4070 of the Revised Statutes (Comp. St 1916, §§ 7615, 7618). Petitioner urges that the writ should issue for the following reasons: (1) That petitioner is not an alien enemy, within the intent and meaning of the law of the United States and the…
1Opinion of the CourtCarpenter, District Judge
(after stating the facts as above). [1,2] I think I do not care to hear from the attorneys for the government in this case. As I stated at the outset, the court is not neutral in this war, and any doubts which it may entertain as to the construction of the statutes and proclamations in, question must be resolved in favor of the presidential warrant. , Of the 11 reasons assigned here why the writ should issue we are concerned only, at least at the outset, with reasons 1 and 2. These two assignments seem to dovetail together, and if, under a construction of the act of Congress, a person comes…
2Cases cited1 opinion
- Ex parte GraberDistrict Court, N.D. Alabama · 1918
3Cited by17 opinions
- Johnson v. EisentragerSupreme Court of the United States · 1950
- Ludecke v. WatkinsSupreme Court of the United States · 1948
- Citizens Protective League v. ClarkCourt of Appeals for the D.C. Circuit · 1946
- United States Ex Rel. Schwarzkopf v. UhlCourt of Appeals for the Second Circuit · 1943
- United States Ex Rel. Schlueter v. WatkinsCourt of Appeals for the Second Circuit · 1946
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