Melville Fuller

“ We are impressed with the conviction that the orderly administration of justice will be better subserved by our declining to exercise appellate jurisdiction in the mode desired until the conclusion of the proceedings. If judgment goes against petitioner, and is affirmed by the court of appeals, and a writ of error lies, that is the proper and better remedy for any cause of complaint he may have. ”

“ The conclusion was that, in a proper exercise of discretion, the circuit court should not discharge the petitioner until the state court had finally acted upon the case, when it could be determined whether the accused, if convicted, should be put to his writ of error, or the question determined on habeas corpus whether he was restrained of his liberty in violation of the constitution of the United States. ”

“ Ex parte Parks, 93 U.S. 18; Ex parte Yarbrough, 110 U.S. 651, 4 Sup. Ct. 152; Ex parte Bigelow, 113 U.S. 328, 5 Sup. Ct. 542; In re Coy, 127 U.S. 756, 8 Sup. Ct. 1263; In re Schneider, 148 U.S. 162, 13 Sup. ”