Fisher Ex Rel. Barcelon v. Baker
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE PHILIPPINE ISLANDS. The facts are stated in the opinion. It was proper to determine this proceeding on the merits upon the return of the order to show cause.
Read the full summary
ERROR TO THE SUPREME COURT OF THE PHILIPPINE ISLANDS. The facts are stated in the opinion. It was proper to determine this proceeding on the merits upon the return of the order to show cause. Ex parte Yar-brough, 110 U. S. 651, at 653; Ex parte Milligan, 4 Wall. 2, at 110. Under the Philippine Civil Government Act, the power of the Governor and Commission to suspend the privilege of the writ of habeas corpus is limited to cases in which "rebellion, insurrection, or invasion" actually exists. • The language of the act is similar to that of the Constitution, and should be construed with…
1Opinion of the CourtChief Justice Fuller
Application for the writ of habeas corpus was made to the Supreme Court of the Philippine Islands August 2, 1905, on behalf of one Barcelon, seeking to be discharged from alleged illegal detention‘in the province of Batangas. An order to show cause was granted, 'returnable August 4, to which return was made, the cause heard and the application denied on the ground that the writ of habeas corpus had been suspended and that the action of the Philippine authorities in that regard was not open to judicial review.
Petition for the allowance of a writ of error from this court, dated October 19, and…
2Cases cited8 opinions
- Mills v. GreenSupreme Court of the United States · 1895
- Nishimura Ekiu v. United StatesSupreme Court of the United States · 1892
- In Re MorrisseySupreme Court of the United States · 1890
- Rice v. AmesSupreme Court of the United States · 1901
- Cross v. BurkeSupreme Court of the United States · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Department of Homeland Security v. ThuraissigiamSupreme Court of the United States · 2020
- Banister v. DavisSupreme Court of the United States · 2020
- Dorsey v. GillCourt of Appeals for the D.C. Circuit · 1945
- Gary Graham, Now Known as Shaka Sankofa v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1999
- Mapp v. RenoCourt of Appeals for the Second Circuit · 2001
50 more not listed; retrieve them via the Exa API.