In Re Goldie

It appears from the petition that petitioner was on June 21, 1917, committed to the Napa State Hospital for the Insane for the term of one year upon the charge laid under section 2185c of the Political Code, that she was at that time addicted to the use of narcotics and drugs. It is alleged that petitioner “has entirely recovered and been cured of the use of narcotics and drugs,” and that she is now being held in said institution “because of the fact that she is suffering from some blood trouble which, even if true, would not entitle the said medical superintendent to detain or restrain said Esther Goldie of her liberty.”

A general demurrer was filed by the attorney-general, as also a return to the petition. The point raised .by the demurrer is that petitioner has failed to pursue the proper remedy provided by law; that the statute relating to matters of this kind provides a special procedure for the patient which is the only remedy permitted her by statute to gain her freedom, and not having followed those provisions, she is not entitled at this time to be heard in this court upon the petition now pending, and that petitioner must first exhaust the specific remedy prescribed by…