In Re Lennon

Citations

• 150 U.S. 393
• 14 S. Ct. 123
• 37 L. Ed. 1120
• 1893 U.S. LEXIS 2388

Syllabus

<p>The Toledo and Ann Arbor Railway Company, which connected with the Michigan Southern Railway in the carrying on of interstate commerce, filed a bill in the Circuit Court to restrain the Michigan Southern from refusing to receive its cars used in such commerce, and discriminating against it, on the ground that it employed engineers who were not members of. the Brotherhood of Locomotive Engineers. An injunction was issued, and a few days later the Lake Shore applied for an order of attachment against some of its employés who had refused to haul cars and perform service for them, thys hindering them from complying with the order of the court in respect to the Toledo and Ann Arbor Company. A rule to show cause was issued, and such proceedings had thereunder that one of the employés was adjudged guilty of contempt, was fined, and was ordered to be committed until payment of the fine. This employé applied to the Circuit Court for a writ of habeas corpus. The petition, after setting the facts forth, claimed that the Circuit Court had no jurisdiction of the cause in which the original order of injunction had been issued, for reasons stated, and further, that it had no jurisdiction of the petitioner’s person, because he was no party to that suit, and had not been served with process. The application was denied and the petition dismissed, from-which judgment the petitioner appealed to this court. Meld,</p> <p>(1) That while the general right of appeal from the judgments of Circuit Courts on habeas corpus directly to this court is taken away by the act of March 3, 1891, 26 Stat. 826, c. 517, nevertheless, that right still exists in the cases designated in section 5 of that act;.</p> <p>(2) That the jurisdiction of the Circuit Court over the petition for habeas corpus was not in issue, and was not decided adversely to the petitioner, and this appeal therefore did not come within the first of the classes named in section 5 of the act of 1891;</p> <p>(3) That the construction