BEAVERS V. HENKEL, 194 U. S. 73 (1904)

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U.S. Supreme Court

Beavers v. Henkel, 194 U.S. 73 (1904)

Beavers v. Henkel

No. 535

Argued March 9-10, 1904

Decided April 11, 1904

194 U.S. 73


Statutory provisions must be interpreted in the light of all that may be done under them. In all controversies, civil and criminal, between the government and an individual, the latter is entitled to reasonable protection. The Fifth Amendment is satisfied by one inquiry and adjudication, and an indictment found by the proper grand jury should be accepted anywhere within the United States as at least prima facie evidence of probable cause and sufficient basis for removal from the district where the person arrested is found to the district where the indictment was found.

The place where such inquiry must be had, and the decision of the grand jury obtained, is the locality in which by the Constitution and laws the final trial must be had.

On July 23, 1903, a grand jury of the Circuit Court of the United States for the Eastern District of New York found and returned an indictment under section 1781, Rev.Stat., charging George W. Beavers, and officer of the government of the United States, with having received money for procuring a contract with the government for the Edward J. Brandt-Dent Company. A warrant for the arrest of the official was issued to the marshal of the district, and returned "not found." Thereupon a complaint, supported by affidavit, was filed in the District Court of the United States for the Southern District of New York, alleging the finding of the indictment, the issue

Page 194 U. S. 74

of the warrant, the return "not found," and that Beavers was within the Southern District of New York. Upon this complaint, a warrant was issued, Beavers was arrested and brought before a commissioner. A hearing was had before that officer, and upon his report, the district judge of the southern district signed an order of removal to the Eastern District. Before this order could be executed, Beavers presented his petition to the Circuit Court of the United States for the Southern District of New York for a writ of habeas corpus. After a hearing thereon, the application for discharge was denied, and thereupon an appeal was taken to this Court.

Page 194 U. S. 82

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