US vs. Ling
Su Fan, 10 Phil 104
Facts:
Defendant, Ling Su Fan,
is accused of attempting to export Philippine silver coins from the Philippines
contrary to Act No. 1411 of the Philippine Commission. His
defenses, among others, involved the deprivation of due process due to the
confiscation of the coins.
Held:
...phrase "due
process of law" was defined by Judge Story, in his work on Constitutional
Law, as " the law in its regular course of administration through
the courts of justice."
Due process of law in
each particular case means such an exertion of the powers of the government as
the settled maxims of law permit and sanction, and under such safeguards for the
protection of individual rights as those maxims prescribed for the class of
cases to which the
one in question belongs. Judge Cooley, in his work on Constitutional Limitations,
says:
"Due process of
law" is process or proceedings according to the law of the land. "Due
process of law" is not that the law shal l be according to the
wishes of all the inhabitants of the state, but simply — First.
That there shall be a law prescribed in harmony with the general powers of the
legislative department of the Government
Second. That this law
shall be reasonable in its operation;
Third. That it shall be
enforced according to the regular methods of procedure prescribed; and
Fourth. That it shall be
applicable alike to all the citizens of the state or to all of a class.
Lower court's decision
was affirmed convicting him guilty with costs against him
