Matter of Application of Lapique

Petitioner was heretofore adjudged to be guilty of a contempt of court and ordered to pay a fine in the sum of five hundred dollars, or in default thereof that he be imprisoned in the county jail of Los Angeles County for a period in the proportion of one day for each two dollars of such fine, or until said fine be otherwise satisfied. He presents an application to be discharged from custody on writ of habeas corpus. It appears from the order of commitment that in a certain proceeding heretofore pending in the superior court petitioner filed an affidavit in support of a motion for change of venue, the effect of which was to impute a lack of integrity not only in the judge then sitting in the department in which said matter was to be heard, but attacking eleven other judges of the superior court. Many of the allegations contained in the affidavit were phrased as “upon information and belief.” After this affidavit had been filed, an order to show cause was issued by the judge of the department requiring petitioner to appear in another department of the same court and show reason why he should not be punished for contempt. Of the several objections urged to the sufficiency of the…