Rumely v. McCarthy,
250 U.S. 283 (1919)

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U.S. Supreme Court

Rumely v. McCarthy, 250 U.S. 283 (1919)

Rumely v. McCarthy

No. 874

Submitted April 16, 1919

Decided June 2, 1919

250 U.S. 283


Under an indictment charging violations of the Trading with the Enemy Act of October 6, 1917, c. 106, 40 Stat. 411, in failing to report enemy property and credits, the contention, raised before a commissioner in removal proceedings and based on the allegations and defendant's uncontradicted evidence, that the report, if required, would show defendant guilty under the same act of trading with the enemy, and thus compel him to be a witness against himself, contrary to the Fifth Amendment, is matter for defense at the trial, and does not go to the issue of probable cause. P. 250 U. S. 287.

A finding of fact made by a commissioner in removal proceedings and supported by competent evidence is not reviewable in habeas corpus. P. 250 U. S. 289.

The duty, imposed by the Trading with the Enemy Act, § 7a, to make report of enemy property and credits to the Alien Property Custodian involves the duty to make it at his office, and a willful failure so to make it is an offense committed in the district where the office is established. Id.

Page 250 U. S. 284

Where defendant was indicted in the Southern District of New York for a conspiracy to omit making such a report and for perjury in verifying a false one, held that it was discretionary with the court of that district, without requiring a statement of reasons from the government, to order his removal under a later indictment charging failure to make the report in the District of Columbia, and that the discretion was not renewable by this Court in habeas corpus. P. 250 U. S. 289.

256 F. 565 affirmed.

The case is stated in the opinion.

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