Melville Fuller

“ 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. If, on the other hand, a writ of error does not lie to this court, and the supreme court of the district was absolutely without jurisdiction, the petitioner may then seek his remedy through application for a writ of habeas corpus. ”

“ They have not invoked the action of the circuit court upon the sufficiency of the indictment by a motion to quash or otherwise, but ask leave to file in this court a petition for a writ of habeas corpus upon the ground that the matters and things set forth and charged do not constitute any offense or offenses under the laws of the United States, or cognizable in the circuit court, and that for other reasons the indictment cannot be sustained. ”

“ That departure is contrary to the views we have heretofore explicitly expressed, and, if we acquiesce in this method of invoking our jurisdiction, we shall find ourselves obligated to decide questions in advance of final adjudication, contrary to the settled rule, and to many decisions we have heretofore announced upon the subject. ”