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UNITED STATES v. WARDEN OF PHILADELPHIA COUNTY PRISON

No. 1334.

87 F.Supp. 339 (1949)

UNITED STATES ex rel. SMITH v. WARDEN OF PHILADELPHIA COUNTY PRISON et al.

United States District Court E. D. Pennsylvania.

November 9, 1949.

Attorney(s) appearing for the Case

Thomas D. McBride, Philadelphia, Pa., Herbert S. Levin, Philadelphia, Pa., Harry M. Berkowitz, Philadelphia, Pa., for petitioner.

T. McKeen Chidsey, Attorney General of Pennsylvania, Randolph C. Ryder, Deputy Attorney General of Pennsylvania, Ralph B. Umsted, Deputy Attorney General of Pennsylvania, James W. Tracey, Jr., Assistant District Attorney, of Philadelphia, Pa., Colbert C. McClain, Assistant District Attorney, of Philadelphia, Pa., for respondent.

Before KIRKPATRICK, Chief Judge, and WELSH, BARD, GANEY and McGRANERY, District Judges.

KIRKPATRICK, Chief Judge.

This writ must be discharged for the reason that we have no jurisdiction.

The United States Code, 28 U. S.C.A. § 2241, gives power to the judges of the District Courts to grant writs of habeas corpus only "within their respective jurisdictions" and the decision of the Supreme Court of the United States in Ahrens v. Clark, 335 U.S. 188, 68 S.Ct. 1443, 92 L.Ed. 1898, puts it beyond all question that...

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