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Page. Public Utility Holding Com- Revenue Act, 1934—Continued. pany Act, 1935....

424

S$ 166, 167... 154, 602 Railroad Unemployment In

§ 509.

329 surance Act .......

424 Revenue Act, 1936. Revenue Act, 1916.

$$ 13-15.

102 88 207, 208.

95
§ 22...

399 $$ 209, 211..

329

$
$ 26, 27, 43.

102 Revenue Act, 1919, § 409.... 329

§ 117.

399 $$ 145, 291–294..

492 Revenue Act, 1921, § 409... 329

Revenue Act, 1939, § 401. 329 Revenue Act, 1924.

Revenue Act, 1942, § 145. 222 § 303 .. 95, 476

481 § 315.

Safety Appliance Act. 329

Securities Act, 1933.. 424 Revenue Act, 1926.

Securities Exchange Act... 424 $ 302

329

Securities Exchange Act,
$ 303
476

424 $$ 313, 314.

329 Settlement of War Claims
329, 338
Act, 1928..

399 § 323 ...

95 Sherman Antitrust Act.. 173, Revenue Act, 1928.

341, 424, 537 $ 119 399 $$ 1, 2.

200, 341 8 613

329
$ 3..

519 Revenue Act, 1932. 49 $$ 7,15.

341 § 114...

222 Shipping Act, 1916, § 9.... 395 $ 119...

399

Suits in Admiralty Act. § 510..

329

$$ 1, 2, 4, 5... 395, 575 $8..

575 § 807...

95, 476

Trading with the Enemy Act,
§ 809...

329
$$ 2, 7.....

69 Revenue Act, 1934.

U.S. Employees Compensa-
$ 22....

154, 602
tion Act

575 § 114...

222

Walsh-Healey Public Con$$ 161-168..

154

tracts Act, $$ 1-6.... 501 (B) STATUTES OF THE STATES AND TERRITORIES. Alabama.

Georgia.
Code, 1940, Tit. 7,

Code, $ 38-1604..... 518
$$ 727, 743; Tit. 47, Indiana.
§ 168

325

1931 Acts, c. 90..... 135 California.

Burns Stats., 1933, $$ 31933 Stats., c. 754..... 341

1801 to 3–1809...... 135 1935 Stats., cs. 471, 743. 341

Michigan.
1938 Stats., Extra Sess.,

1934 Laws, Act No. 38,
341
Extra Sess .

338
1939 Stats., cs. 363, 548,
894..

Comp. Laws, 1929,

341 1941 Stats., cs. 603, 1150,

§ 3429....

338 1186..

341

Comp. Laws, 1929,
Penal Code, § 19...... 341

$ 3746.....

... 329, 338 Agricultural Prorate Missouri. Act, $$ 3, 4, 6, 8-11,

Constitution, $ 4 of 1890 14-16, 18, 22, 22.5,

Amendments to Art.
25 ..

341
VI .....

587

c. 6.

Page.

Page. Nebraska.

Ohio Continued. Comp. Stats., 1929,

Gen. Code, &$ 548, 614 $ 27-204.

604

2, 614–6, 614–7, 614Nevada.

21, 614-23, 614-44 et 1931 Laws, 889460,

seq., 614-46, 614-64,
9467.02..

287
614-65....

456 Comp. Laws, 1929,

Gen. Code, $ 5330...... 134 § 9460..

287 | Pennsylvania. New York.

Purdon Stats. Anno., 1930 Laws, c. 709, § 124. 95 Vol. 12, Par. 680..... 239 1932 Laws, c. 391.... 399

Tennessee. 1933 Laws, c. 745. 78 Michie Code, Anno., 1935 Laws, cs. 19, 290.. 78 1938, 8S 8225, 8604... 217 Decedent Estate Law, Texas. § 124 ....

88 Civil Stats., Art. 6445.. 456 Schackno Act.

78 Utah. North Carolina.

Rev. Stats., 1933, SS 104-
Code, 1939, § 4342..... 287

3–18, 104–37–9, 104Ohio.

64-1 et seq.

178 1809, Act of Feb. 17, Washington. $ 13, 7 Ohio Laws, p.

Rem. Rev. Stats., 1932, 188....

134

$$ 7673, 7674, 7693a.. 249

(C) FOREIGN STATUTES. Australia.

English-Continued.
Constitution Act, 1900,

British North America
Art. 51

287

Act, 1867, Art. 91.... 287 English.

Wheat Acreage Reduc4 Geo. VI, c. 25, $ 5.... 111 tion Act, 1942....... 111 6 Geo. VI, c. 10... 111

CASES ADJUDGED

IN THE

SUPREME COURT OF THE UNITED STATES

AT

JULY SPECIAL TERM, 1942.

EX PARTE QUIRIN ET AL."

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ORIGINAL. MOTIONS FOR LEAVE TO FILE PETITIONS

FOR WRITS OF HABEAS CORPUS

AND

UNITED STATES EX REL. QUIRIN ET AL. v. COX,

PROVOST MARSHAL.?

NOS. 1-7. CERTIORARI TO THE UNITED STATES COURT OF

APPEALS FOR THE DISTRICT OF COLUMBIA.

Argued July 29–30, 1942.-Decided July 31, 1942. Per Curiam decision filed, July 31, 1942.3 Full Opinion filed, October

29, 1942.* 1. A federal court may refuse to issue a writ of habeas corpus where

the facts alleged in the petition, if proved, would not warrant discharge of the prisoner. P. 24.

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No. —, Original, Ex parte Richard Quirin; No. -, Original, Ex parte Herbert Hans Haupt; No. - Original, Ex parte Edward John Kerling; No. — Original, Ex parte Ernest Peter Burger; No. — Original, Ex parte Heinrich Harm Heinck; No. — Original, EI parte Werner Thiel; and No. - Original, Et parte Hermann Otto Neubauer.

2 No. 1, United States ex rel. Quirin v. Cox, Provost Marshal; No. 2, United States ex rel. Haupt v. Cox, Provost Marshal; No. 3, United States ex rel. Kerling v. Cox, Provost Marshal; No. 4, United States er rel. Burger v. Coz, Provost Marshal; No. 5, United States ex rel. Heinck v. Coz, Provost Marshal; No. 6, United States ex rel. Thiel v. Cor, Provost Marshal; and No. 7, United States ex rel. Neubauer v. Cor, Provost Marshal.

. See footnote, post, p. 18.
Post, p. 18.
603873–43-

1

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2. Presentation to the District Court of the United States for the

District of Columbia of a petition for habeas corpus was the institution of a suit; and denial by that court of leave to file the petition was a judicial determination of a case or controversy reviewable by appeal to the U.S. Court of Appeals for the District of Columbia and

in this Court by certiorari. P. 24. 3. The President's Proclamation of July 2, 1942, declaring that all

persons who are citizens or subjects of, or who act under the direction of, any nation at war with the United States, and who during time of war enter the United States through coastal or boundary defenses, and are charged with committing or attempting to commit sabotage, espionage, hostile acts, or violations of the law of war, "shall be subject to the law of war and to the jurisdiction of military tribunals," does not bar accused persons from access to the civil courts for the purpose of determining the applicability of the Proclamation to the particular case; nor does the Proclamation, which in terms denied to such persons access to the courts, nor the enemy alienage of the accused, foreclose consideration by the civil courts of the contention that the Constitution and laws of

the United States forbid their trial by military commission. P. 24. 4. In time of war between the United States and Germany, peti

tioners, wearing German military uniforms and carrying explosives, fuses, and incendiary and time devices, were landed from German submarines in the hours of darkness, at places on the Eastern seaboard of the United States. Thereupon they buried the uniforms and supplies, and proceeded, in civilian dress, to various places in the United States. All had received instructions in Germany from an officer of the German High Command to destroy war industries and war facilities in the United States, for which they or their relatives in Germany were to receive salary payments from the German Government. They also had been paid by the German Government during their course of training at a sabotage school, and had with them, when arrested, substantial amounts of United States currency, which had been handed to them by an officer of the German High Command, who had instructed them to wear their German uniforms while landing in the United States. Specification 1 of the charges on which they were placed on trial before a military commission charged that they, “being enemies of the United States and acting for ... the German Reich, a belligerent enemy nation, secretly and covertly passed, in civilian dress, contrary to the law of war, through the military and naval lines and defenses of the United

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