Page:Federal Reporter, 1st Series, Volume 5.djvu/911

 IN BB AH LBB. 899 �whethfir uncler Uie federal or state authority, withdrawa the property from the reach of the process of the other. Hagan V. Lewis, 10 Pet. 400; Brown v. Clark, 4 How. 4; Pulliam V. Oshorne, 17 How. 471; Taylor v. Garyl, 20 How. 583; Fou T. Hempjield R. Co, 2 Abb. tJ. S. 151 ; Johason, v. Biahop, 1 Woolw. 324; S. 0. 8 Bank Reg. 533. Petition dismissed. ���In re Ah Lee. {District Court, D. Oregon. April 19, 1880.) �L Imfkisonment. �The national courts have Jurisdiction to relieve any person from impnsonment under color of the authority of a state, without dus process of law, contrary to the fourteenth amendaient. �2. DuB Process of Law. �A person imprisoned under a valid law, although there is error In the proceeding resulting in the commitment, is not imprisoned with- out due process of law, contrary to the fourteenth amendment. �8. De Facto Officbr. �A person in office by color of right is an offlcer de facto, and hia acts as such are valid and binding as to third persons ; and an unconstitutional act is sufflcient to give such color to an appoint- ment to office thereunder. �4. Bahb. �The constitution of Oregon autborizea the legislature, when tha population of the state equals 200,000, to provide by election for sep- arate judges of the supreme and circuit courts. On October 17, 1878, the legislature passed an act providing for the election of such judges at the general election in June, 1880, and also that the gov- emor should appoint such judges in the tneantime, which was done. Edd, that admitting such act was unconstitutional, because the pop- ulation of the state was less than 200,000, and that the appointments by the govemor were therefore invalid, and also because the consti- tution only authorized the selection of such judges by election, still the persons so appointed under the act, and performing the duties of the judges of said courts, were judges de facto, and a person impris- oned under a judgment given in one of them, oonvicting him of a crime, is not thereby deprived of his liberty without due process of law, contrary to the fourteenth amendment. �Haheas Corpus. ����