EX PARTE CLARKE, 100 U. S. 399 (1879)

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U.S. Supreme Court

Ex Parte Clarke, 100 U.S. 399 (1879)

Ex Parte Clarke

100 U.S. 399


1. An officer of election, at an election for a representative to Congress in the City of Cincinnati, was convicted of a misdemeanor in the circuit court of the United States, under sec. 5515 of the Revised Statutes, for a violation of the law of Ohio in not conveying the ballot-box, after it had been sealed up and delivered to him for that purpose, to the county clerk, and for allowing it to be broken open. Held, according to the decision in Ex Parte Siebold, supra, p. 100 U. S. 371, that Congress had power to pass the law under which the conviction was had, and that the circuit court had jurisdiction of the offense.

2. In such a case, a habeas corpus for discharge from imprisonment under the conviction was rightfully issued by a justice of this Court, returnable before himself, and he had the right, if it could be done without injury to the prisoner, to refer the matter to this Court for its determination, it being a case which involved the exercise of appellate jurisdiction.

3. Had the case involved original jurisdiction only, this Court could not have taken jurisdiction of it.

Page 100 U. S. 400

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