Frank Murphy, Eisler v. United States — Dissent
“ Law is at its loftiest when it examines claimed injustice even at the instance of one to whom the public is bitterly hostile. We should be loath to shirk our obligations, whatever the creed of the particular petitioner. Our country takes pride in requiring of its institutions the examination and correction of alleged injustice whenever it occurs. ”
Frank Murphy, Eisler v. United States — Dissent
“ The petitioner is now beyond the territorial jurisdiction of this Court. It is argued that we are therefore without jurisdiction in the case.We can decide only cases or controversies. A moot case is not a 'ca e' within the meaning of Art. III. United States v. Evans, 213 U.S. 297, 29 S.Ct. 507, 53 L.Ed. 803. But a moot case is one in which the particular controversy confronting the Court has ended. That is not true when a prisoner has simply escaped. We are not at liberty to assume that all escaped defendants will never return to the jurisdiction. ”
