Charles Evans Hughes

“ The only question before us is whether the police court had jurisdiction. A habeas corpus proceeding cannot be made to perform the function of a writ of error, and we are not concerned with the question whether the information was sufficient, or whether the acts set forth in the agreed statement constituted a crime, that is to say, whether the court properly applied the law, if it be found that the court had jurisdiction to try the issues and to render the judgment. ”

“ We come, then, to the grounds upon which the jurisdiction of the police court is assailed. It is urged that the prohibition contained in the statute under which the information was brought is unconstitutional, in that it violates the 5th Amendment of the Constitution of the United States by depriving the petitioner of liberty and property without due process of law. The information rested on § 1177 of the Revised Statutes relating to the District of Columbia, which makes it a crime 'in any manner' to engage 'in any gift-enterprise business' in the District. ”

“ We have, then, a statute with valid operation. This being established, there can be no question that it conferred upon the police court, by its express terms, jurisdiction of the offense, and that court tried and convicted the petitioner.
But it is insisted that the facts do not support the conviction. ”