“ It must be conceded that under the Sixth Amendment to the Constitution the accused cannot be tried in one district on an indictment showing that the offense was not committed in that district; and it also must be conceded that there is no authority for a removal to a district other than one in which the Constitution permits the trial to be had. We proceed therefore to inquire whether it appears, as claimed, that the offense was not committed in the district to which removal is sought. ”

“ He was arrested, taken before the commissioner, and accorded a hearing. The indictment was produced; evidence was presented tending to show he was the person charged, and he gave testimony tending to show he was not in South Dakota at the times he was charged with unlawfully using the mail. On all the evidence the commissioner found the requisite identity and probable cause, and committed him to await the issue of a warrant for his removal. He then sued out another writ of habeas corpus in the District Court, and was admitted to bail pending a hearing on the writ. ”

“ South Dakota constitutes a single judicial district, with one District Court; but the district is divided into four divisions, where sessions are held at times fixed by law, such sessions, whether in one division or another, being 'successive terms of one and the same court.' Hollister v. United States, 145 Fed. 773, 782, 76 C. C. A. 337, 346. A like situation exists in many of the states.
Formerly special statutes applicable to particular districts indicated the division in which criminal proceedings should be had, but the statutes were not uniform. ”

“ Maintaining them separately was productive of confusion, and led to two appeals to this court, when, had the right course been taken, one appeal plainly would have sufficed, and would have lessened by one-half the printing and other costs. As it is now, one record is largely a duplication of what appears in the other, and both are exceedingly confusing. ”

“ These three cases involve certain phases of a protracted resistance by B. I. Salinger, Jr., to an effort by the United States to have him removed to the district of South Dakota to answer an indictment for a violation there of section 215 of the Criminal Code (Comp. St. § 10385) , which makes it a punishable offense to use the mail for the purpose of executing a scheme or artifice to defraud. ”

“ After a hearing the District Court discharged the writ of habeas corpus and remanded him to the marshal's custody for removal under the warrant. An appeal was taken to the Circuit Court of Appeals for the Fifth Circuit, where the decision was affirmed. Salinger v. United States, 295 Fed. 498. The case is here on certiorari (263 U.S. 683, 44 Sup. Ct. 136, 68 L. Ed. --) , and is No. ”