Matter of Application of O'Connor

Habeas Corpus—Question Involved—Jurisdiction.—The sole ultimate question which is involved in a proceeding on habeas corpus is one merely of jurisdiction—that is, whether the order or the judgment or the adjudication or the process whose validity is thus attacked and questioned was one coming within the lawful authority or jurisdiction of the judge or the court or other legally constituted tribunal making, granting, or issuing it.

Id.—Commitment of Insane Person—Regularity of Proceedings— Presumption.—In a collateral attack by habeas corpus proceedings upon the validity of an order committing a person to a hospital for the insane, where the court has jurisdiction of the subject matter and of the petitioner, it must be assumed, in the absence of a contrary showing appearing upon the face of the judgment-roll, that the proceedings leading to the judgment or order of commitment were in all respects regular or had in accordance with the vital requirements of the statute authorizing the commitment.

Id.—Commitment for Inebriety—Time of Hearing.—In a proceeding for the commitment to an insane hospital of a person charged with dipsomania or inebriety, it is not an abuse of discretion to set the time for the hearing and examination a few hours after the accused was brought before the judge, where it is shown that he was then informed as to all the rights guaranteed him under the statute.

Id. — Production and Examination of Witnesses — “Reasonable Opportunity”—Construction of Section 2185c Political Code.— The “reasonable opportunity” to produce and examine witnesses which the statute contemplates shall be given a .person charged and examined under section 2185c of the Political Code is a matter which must he determined by the circumstances of each particular case, and thus the matter is one whose determination rests in the sound discretion of the judge before whom the charge is pending and heard.

Id. — Omission to Provide fob Jury Trial — Constitutionality op Section 2185c, Political Code.—One accused of inebriety is not entitled as of right to a jury trial, and section 2185c of the Political Code is not unconstitutional because it omits to provide for such a trial in cases arising under its provisions.

Id.—Trial by Jury—Constitutional Law.—The right of trial by jury secured by the constitution is the right to a jury trial as it existed and was recognized at common law.