m an nom:. 29
ists for said refusal, it is therefore ordered and adjudged that the said
W. L. Robb is guilty of contempt of this court, in refusing to obey said writ
of habeas corpus, and refusing to have and produce the body of Charles H.
Bayley before me at the time and place specified in said writ; and further
ordered that the sheriff of the city and county of San Francisco do forthwith
arrest the said W. L. Robb, and confine him in the county jail of the city and
county aforesaid until he, the said W. L. Robb, obeys said writ and produces
the body of the said Charles H. Bayley before me, or until he be legally dis-
charged.
"Given under my hand this twenty-first day of November, 1883.
"T. K. Wmsoiv,
"Judge of Superior Couit of the City and County of San Francisco, Cal."
At the hearing, a copy of the record of proceedings in the superior
court, in which the judgment and commitment for contempt were had,
was put in evidence, and it was agreed by counsel that this was the -
authority under which petitioner, Robb, is restrained of his liberty.
The record shows:
(l) A petition to T. K. Wilson, judge of the superior court of the
city and county of San Francisco, for a writ of habeas corpus by Charles
H. Bayley, in which he alleges: l
"That he is unlawfully imprisoned, detained, confined, and restrained of
his liberty by W. L. Robb, at the old city hall, in the city and county of San
Francisco, in the state of California. That the said imprisonment, detention,
condnement, and restraint are illegal; and that the illegality thereof con-
sists in this, to-wit, that petitioner is held under u warrant of arrest, a copy
of which is hereto annexed and made a part hereof. That said warrant is
issued without authority of law and against the law in this, that no copy of .
an indictment found, or affidavit made, before a magistrate, charging petitioner
with any crime, has been produced to the governor of California."
The warrant of arrest issued by the governor of California, annexed
to and made a part of the petition, is the same warrant hereinbefore
set out as a part of the judgment and commitment for contempt, and
the return of P. Crowley, chief of police, indorsed thereon, and need
not be repeated.
(2) A writ of habeas corpu.s·,·in the usual form, addressed to W. Ii.
Robb, requiring him to produce the body of said Bayley, etc.
(3) The return to the writ made by said Robb, petitioner herein,
which is as follows: ·
"In the superior court of the city and county of San Francisco, state of
California. Esc parte Charles H. Bayley. Habeas corpus.
"Now comes W. L. Robb, and makes this his return to the annexed writ,
and shows that he holds the within-named prisoner under the authority of
the United States, as will more fully appear on inspection of the warrant of
the governor of California and a commission from the governor of Oregon, a
copy of which is hereto annexed and made a part hereof, and the originals
produced. Respondent respectfully refuses to produce said C. H. Bayley, on
the ground that under the laws of the United States he ought not to produce
said prisoner, because the honorable superior court has no power or authority
to proceed further in the premises. W. L. ROBB.
"Subsoribed and sworn to before me this twenty-first day of November,
1883. J. F. Canrmnrnn, Deputy County Clerk."