72 F. 1006 | U.S. Circuit Court for the District of Southern California | 1896
It is provided by section 754 of the Revised Statutes of the United States that such an application “shall be made to the court, or justice, or judge authorized to issue the same, by complaint in writing, signed by the person for whose relief it is intended, setting forth the facts concerning the detention of the party restrained, in whose custody he is detained, and by virtue of what claim, or authority, if known. The facts set forth in the complaint shall be verified by the oath of 'the person making the application.” In the petition it is stated that Chavez is unable, by reason of his imprisonment, to make the application, and that it is therefore made by the petitioner on his behalf, and by his express authority. It is provided by section 755 of the Revised Statutes that the court or justice or judge to whom an application for such a writ is presented “shall forthwith award a writ of habeas corpus, unless it appears from the petition itself that the party is not entitled thereto.” Assuming that the facts stated sufficiently excuse the absence of the signature and verification of the prisoner, I am of the opinion that it appears from the petition itself that the writ should not be awarded. The petition shows upon its face that Chavez was regularly convicted in the Fourth judicial district of the territory of Arizona of a violation of section 2139 of the Revised Statutes of the United States, upon which conviction he was duly sentenced by that court to 13 months’ imprisonment in “the territorial prison at Yuma, Arizona territory,” and “that he pay a fine amounting to the sum of one hundred dollars, and to stand committed until ,the amofint of said fine shall have been fully paid, or said defendant’s authorized dis