The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1865-03-04
WRIT OF HABEAs CORPUS.

| OVSoS OO~'SS5s
In the hearing of this case, it was set fort
in the petition of the plaintiff, that he is de
tanned on papers that are illegal and void
and on testimony that is illegal
In the hearing OF this case, under the peti
ton, it is therefore necessary for me, as Judg
under the statute of this Territory-to ex
anime the papers and testimony upon which
he was committed and by the following
provisions of the statute can see no Other
way of procedure ;-Section 623, page 2l2 Q
Statutes of Idaho, says;
"The probate court, and the judge thereof
shall have power at chambers to try and de-
termine suits of mandamus, certiorari, and
quo warranto, and to issue all writs necessa-
ry or proper to the complete exercise Of the
statutes, and in the absence of the district
Judge from the county, to issue Writs of ha-
beas corpus and injunction"
Section $40, page 2l3, says:
"Tn all civil cases within their jurisdiction,
the probate courts and the judges thereof
shall have the same power to grant all orders,
Wrlts and process which the district courts
ortheir jadges thereof have power to grant
within their jurisdiction, and to hear and
determine all questions arising within their
Jurisdiction, as fully and completely as the
district courts or the judges thereof have
power to do under the laws OF this territory"
From the reading of the foregoing sections
of our law, it will be seen that the Judges
duty is clear and plain. Again it is made the
duty of the Judge to issue writ of habeas
corpus, upon a proper showing or petition,
and for refusing to so do he is liable to a
heavy penalty, as will be seen by the follow.
ing section (37, page 6l2( of our statute
9" If any judge, after proper application is
made, shall refuse to grant an orderfor writ
of habeas corpus, OF if the officer or person
to whoa such writ may be directed shall re-
fuse obedience to the command thereof, he
or she shall forfeit and pay to the person ag
grieved a sum not exceeding FIVE thousand
dollars-to be recovered by an action fdebt
in any court having cognizance thereof"
The duties of District Judges are defined
in the following sectiOn{ 6l7, page 2l1):
"The district judges shall, at all reasona-
able times, when not engaged in holding
courts, transact such business at their cham
bers as may be done out of court, at their
chambers; they may try and determine Erits
of mandamus, certiorari, and quo warranto,
hear and dispose of all applications for orders
and writS, which are usually granted, in the
first instance, upon an ex parte application
and may, in their, discretion, also hear appli-
cations to discharge such orders and writs.'
And in the hearing Of the same cases
before Probate Judge, he has the same du-
ties to perform, and must perform them, as
would District Judge-if we had the;good
fortune to have one in our county or district.
1t will be seen from the above that the
Probate Judge, in the absence of the District
Judge, has certain duties to perform, and if |
ne does not do so, he would render himself
liable to the laws Of this Territory, and to
oablic censure. In the discharge of the du-
les of the office to which the people of this
county have seen fit to elect me to fill, in
end to be governed by the Constitution and
he laws of the United States and the laws Of
his Territory as l understand them to be,
Without fear, favor or affection, and no threats
# Vigilance Committee, or other mob, will
letter me from doing my duty as understand
t. may commit an error. If do, it will
re of the head and not of the heart If ir-
parties, who have no interest in
he welfare Of our community, and who have
10 one here to care for but themselves who
rave no families or friends to maintain pro-
ect and guard, see fit to End fault with my
judicial acts, they are at liberty so to do IL
m not acting for them nor in their behalf,
ut for the good of the whole community,
nd for those who have their home and their
II with US, and who look to the LAW, and
HOSE WHO ADMINISTER IT, for the protection
f themselves and their families, and also for
be good of society at large. La the discharge
f that dCty in this case have, as required
y law, thoroughly examined the matter as
rought before me on the bearing of this case.
The law in relation to fugitives from just
,e, is derived from the Constitution of the
/. S., as will be seen by reference to Article
v, Section II. and under this section of i
ia Constitution CnnrraSc in 1903 pascnd q | Y