Matter of Application of O'Connor

The petitioner was, on the ninth day of June, 1915, hy the Honorable John J. Van Nostrand, a judge of the superior court in and for the city and county of San Francisco, committed, under and by virtue of the provisions of section 2185c of the Political Code (Stats. 1911, p. 396), to the Napa State Hospital for the cure and treatment of the insane.

The petitioner insists that the order of commitment under which he is held at the state hospital is void, for reasons to he hereafter noticed, and that, therefore, his confinement in said institution involves an unlawful restraint of his personal liberty.

So much of section 2185c of the Political Code as is necessary to a clear understanding of the points made by the petitioner reads: “Whenever it appears by affidavit to the satisfaction of a magistrate of a county, or city and county, that any person is so far addicted to the intemperate use of narcotics or stimulants as to have lost the power of self-control, or is subject to dipsomania or inebriety, he must issue and deliver to some peace officer for service, a warrant directing that sutii person be arrested and taken before a judge of the superior court for a hearing and…