43 P. 870 | Idaho | 1896
In the matter of the application of John Miller, sheriff of Lemhi county, for a writ of prohibition restraining the Honorable E. W. Standrod from proceeding further in contempt proceedings. The court has had this matter under consideration, and has given it such attention as we were able to do under the circumstances. Upon examination of the provisions with reference to the writ of habeas corpus, we find the following sections, in addition to the other general
The authority of the judge of the district court for the issuance of this order is found in section 3925 of the Eevised Statutes of Idaho, which is as follows: “When jurisdiction is, by this code or by any other statute, conferred on a court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of the jurisdiction, if the course of proceedings be not specially pointed out by this code, or by this statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this code.” The care and custody of infant children is by statute given to the judges of the district court. (Rev. Stats., secs. 2473, 2483, 2534.) It will be noticed that section 3925 is very broad, indeed. It was intended to give the court power to issue any order that might seem necessary, under the particular circumstances of the case. It is objected on the part of the applicant, in this ease, that section 8370 requires that all writs, warrants, process, and subpoenas authorized by the provisions of this chapter must be issued by the clerk of the court, etc. This order is issued under the provisions of section 3925, which seems to authorize the order without the seal of the court. It also appears that section 8361 would authorize the issuance of said order. If a warranty or writ of habeas corpus had been issued under authority of section 8364, it would require that the child be brought before the judge of the district court. Tinder all the circumstances, the court thinks that the judge of the district court is authorized to issue the order that the child be