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United States v. Houston
(273 F.)
915

plaintiff, having derived title from all, is the owner of a lawful renewal copyright.

Order reversed, with costs, and cause remitted, with direction to grant injunction as prayed for.



United States ex rel. Bryant v. Houston, Secretary of the
Treasury, et al.

(Circuit Court of Appeals, Second Circuit. May 18, 1921.)

No. 260.

1. Habeas corpus 54—Complaint by next friend not warranted without explanation.

Under Rev. St. § 754 (Comp. St. § 1282), providing that application for write of habeas corpus shall be made by complaint, “signed by the person for whose relief it is intended,” and verified by the oath of the person making the application, a complaint made by one as “next friend” must set forth some reason or explanation, satisfactory to the court, showing why it is not signed and verified by the person detained, and what relation the next friend bears to such person.

2. War 4—Order of president, retransferring the Coast Guard to the Treasury Department, valid.

The order of the President of August 28, 1919, retransfering the Coast Guard from the Navy to the Treasury Department, made under Overman Act May 20, 1918, § 1 (Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 283a), held within the authority given by such act and effective.

Appeal from the District Court of the United States for the Southern District of New York.

Petition of Mildred Bryant, on behalf of Harry Harris, against D. F. Houston, Secretary of the Treasury, and others, for writ of habeas corpus. Writ denied, and petitioner appeals. Affirmed.

Emery C. Weller, for appellant.

Francis G. Caffey, U. S. Atty. (Earl B. Barnes, Asst. U. S. Atty., of counsel), for appellees.

Before Ward and Rogers, Circuit Judges, and Mayer, District Judge.

Mayer, District Judge. [1] 1. This is an appeal from an order of the District Court for the Southern District of New York, dismissing a writ of habeas corpus. The writ was allowed on the application of “your petitioner, Mildred Bryant (a friend of Harry Harris), of Woodhaven, Long Island.” The petitioner fails to disclose anywhere in her petition who she is, or what relationship, if any, she bears to Harry Harris, or whether Harry Harris for any reason was unable to sign and verify the petition, or whether the father of Harris, who according to the petition resides at No. 2128 North Twenty-First street, in Philadelphia, Pa., or Harry Harris himself, desired this application to be made. The petitioner, it is true, alleges that she is advised that


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