Joseph McKenna

“ Those questions, like others, the court is invested with jurisdiction to try if raised, and its decision can be reviewed, like its decisions upon other questions, by writ of error. The principle of the cases is the simple one that if a court has jurisdiction of the case, the writ of habeas corpus cannot be employed to re-try the issues, whether of law, constitutional or other, or of fact. ”

“ Whenever a party to any action or proceeding, civil or criminal, shall make and file an affidavit that that the judge before whom the action or proceeding is to be tried or heard has a personal bias or prejudice either against him or in favor of any opposite party to the suit, such judge shall proceed no further therein, but another judge shall be designated in the manner prescribed in the section last preceding, or chosen in the manner prescribed in § 23, to hear such matter. ”

“ This appeal is prosecuted to review the order of the district court, denying petition of appellant to be discharged in proceedings for habeas corpus from the custody of the warden of the United States Penitentiary at Atlanta, Georgia. ”