Adams

From an order discharging a writ of habeas corpus, granted on petition of appellant, a prisoner, to test the validity of a warrant of removal, this appeal was taken. The only question at issue, necessary to notice, is whether or not the Act of June 29, 1938, Ch. 806, 28 U.S.C.A. § 463 (a), removed the appellate jurisdiction of this court to hear the cause.

On January 12, 1938, an indictment was returned in the United States District Court for Nevada, charging that Charles Cheney, „ Roxie Cheney, Eugene Cheney, Phil Rubin, and Ruth Adams (who is the appellant here) conspired to violate 26 U.S.C.A. § 1043 and 21 ILS.C.A. §§ 173, 174, contrary to 18 U.S.C.A. § 88 . On February 8, 1938, a United States Commissioner in California ordered that appellant be removed to Nevada for trial pursuant to 18 U.S.C.A. § 591 . Appellant, not having furnished the bail fixed by the Commissioner, was taken into custody. On the same day appellant filed a petition for a writ of habeas corpus in the court below, alleging that her detention was unlawful because the testimony of her witnesses at the hearing before the Commissioner “established lack of probable cause to believe her guilty” and “required a…