In re Atcherley ex rel. Atcherley

Citations

• 3 D. Haw. 404

Syllabus

<p>Territorial courts of Hawaii — Relation of Hawaiian Federal court tor The status of the Hawaiian territorial courts and the relation between them and the Federal court in Hawaii is analogous to the status and relation of state courts to Federal district and circuit courts within the same-territorial limits.</p> <p>Habeas corpus — Jurisdiction of Federal court: The Federal district and circuit courts have undoubted jurisdiction to summarily entertain petitions for the unit of habeas corpus in connection with persons alleged to be restrained of their liberty by the judgment of state or territorial courts or the action of state or territorial officials contrary to the rights of such persons under the Constitution and laws of the United States.</p> <p>Habeas corpus — Limitation of jurisdiction under established Supreme Court decisions: While such jurisdiction undoubtedly exists, the Supreme Court has strongly admonished inferior Federal courts that they must not interfere with the administration of justice in the state courts except in eases of \peculiar urgency.”</p> <p>Habeas corpus — “Peculiar urgency’’: Cases of \peculiar urgency” justifying the interference of Federal courts by writs of habeas corpus with the administration of justice in the state courts (including territorial courts when the latter are, as in Hawaii, in the same position as state courts) are probably those cases, and only those cases, which involve, to the extent of prevention, embarrassment or retardation, the authority and operations of the general government, or its obligations and relations to foreign nations.</p> <p>Habeas corpus — Non-interference with administration of justice in state courts: By granting to the Federal courts power to act summarily upon the petitions for writs of habeas corpus, Congress did not intend that the Federal courts should by such action draw to themselves in the first instance the control of all criminal actions commenced in state courts where the accused clai