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Supreme Court — Part 7
Page 28
28 / 107
f' 3
(a
3.
used in the first of the above mentioned statutes is not
to be ayplied in its literal sense, but is to be construed
as meaning within a reasonable time or without unnecessary
delay. This is a point that the court does not consider
or discuss but assumes that under the circumstances of the
cases before it, unreasonable delay in bringing the prisoners
‘ before a United States Commissioner in fact existed.
D4 It appears that in the McNabb case the prisoners
; ( were detained by the Alcohol Tax Agents, first in a detention
a room in the Federal building in Chatttanooga, and then in
the local jail,atlesst two days before they were brought before
Thursday morning and were in custody all of that day and
all day Friday. It does not appear when they were taken be-
fore a commissioner, but apparently their appearance before
the commissioner did nd take place before Saturday morning
at the earliest.
In the Anderson case the defendants were arrested
by the sheriff on April 24, and were confined by him in the
local Y¥.M.C.A. for about six days before they were taken
before a United States Commissioner.
In its opinion in the McNabb case, the court emphasized
the fact at two different points in the opinion that the
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