United States ex rel. Holzendorf v. Hay

United States Supreme Court

194 U.S. 373

United States ex rel. Holzendorf  v.  Hay

 Argued: and submitted April 12, 13, 1904. --- Decided: May 16, 1904

The relator, plaintiff in error, filed his petition in the Supreme Court of the District ofColumbia, praying a writ of mandamus directed to the then and present Secretary of State of the United States. In substance it was averred that Holzendorf, prior to and since May, 1898, had been a naturalized citizen of the United States, and while on a visit to Germany, his native country, he was wrongfully imprisoned in an asylum for the insane at Dalldorf, near Berlin, from May 11, 1898, to July 8, 1899, when he was released by the judgment of a German court, as being 'perfectly sound in mind and body.' The grievance complained of was alleged to have been the act of the German Empire, and it was averred that said grievance 'was manifestly in contempt of his rights as a citizen of the United States,' which 'oppressively deprived him of liberty, reputation, and time, greatly to his cost, loss, damage, and injury.' Alleging a refusal by the defendant in mandamus 'to proceed, on the part of the United States, to seek to obtain redress of grievance in behalf of your petitioner,' it was prayed that a writ of mandamus issue, 'addressed to said defendant, John Hay, the Secretary aforesaid, commanding and requiring him forthwith to institute vigorous and proper proceedings against the Empire of Germany, or Kingdom of Prussia, or both, that is to say, against the Emperor, for the recovery of $500,000 damages, in behalf of your petitioner.'

The matter was heard, and an order was entered, dismissing the petition. An appeal was allowed, and the court of appeals of the District affirmed the judgment. 20 App. D. C. 576. By writ of error the cause was then brought to this court.

Messrs. R. S. Tharin and A. E. L. Leckie for plaintiff in error.

Assistant Attorney General McReynolds for defendant in error.

Statement by Mr. Justice White:

Mr. Justice White, after making the foregoing statement, delivered the opinion of the court:

Notes