Shibuya Jugiro

MR. JUSTICE HARLAN, after stating the case, delivered the opinion of the court. As Jugiro's first written application for a writ of habeas corpus alleged that he was restrained of his liberty in violation of the Constitution of the United States, no question is made, as, indeed, none could be made, as to his right under the existing statutes of the United States, relating to habeas corpus, to have prosecuted an appeal to this court from the order of the Circuit Court denying that application. Rev. Stat. ?? 751, 752, 753, 761, 762, 763, 764, 765; Act of March 3, 1885, c. 353, 23 Stat. 437. But it is contended that the appeal from that order deprived the state court of all power to proceed, no only while the appeal was pending and undetermined here, but until the mandate of this court was sent down to the Circuit Court. This contention is supposed to be justified by section 766 of the Revised Statutes, limiting the power of the state court before and after an appeal from the final decision in a Circuit Court of the United States of an application for a writ of habeas corpus by one alleged to be restrained of his liberty in violation of the Constitution, or some law or treaty, of the United States. Rev. Stat. ?? 763, 764, 765. The latter section provides: ""Pending the proceedings or appeal in the cases mentioned in the three preceding sections, and until final judgment therein, and after final judgment of discharge, any proceeding against the person so imprisoned or confined or restrained of his liberty, in any state court, or by or under the authority of any State, for any matter so heard and determined, or in process of being heard and determined, under such writ of habeas corpus, shall be deemed null and void.""