Habeas Corpus—Supreme Court cannot Transper Proceeding Apter Decision op District Court op Appeal.—The supreme court, after the decision of the district court of appeal in a habeas corpus proceeding, has no power to transfer such proceeding to the supreme court for a hearing therein.

Id.—Concurrent Powers op Superior and Supreme Courts in Habeas Corpus.—Prior to the establishment of the district court of appeal it had always been, and it now is, the law in this state that the decision of any court in a habeas corpus proceeding, provided the court has jurisdiction, cannot be reviewed by any other court in any way. The right of appeal has never been given, and no other method for such review has ever been provided. With reference to such proceedings, the supreme and superior courts, to each of which was given the power to issue writs of habeas corpus, stood upon the same plane, neither being inferior to the other in any other sense than that a superior court in determining any such matter would naturally follow a precedent established by the highest court in the state, if any such precedent had been established. It, however, had the power to disregard it, and its determination, whether in accord with the law as laid down by the supreme court or not, was an end of the particular proceeding, and in case of the discharge of the petitioner from custody was final and conclusive.

Id.—Constitutional Grant of Power to District Courts of Appeal. The power given by the constitution to the district courts of appeal to issue writs of habeas corpus is conferred in practically the same language as is used with reference to superior courts and the supreme court, and the language used must be taken as indicating the intention to confer the same power that had already been given to the superior and the supreme courts, with all the incidents thereof.

Id.—Construction of Constitution—Provision Giving Supreme Court the Appellate Jurisdiction of District Court of Appeal. The provision of the constitution that the supreme court “shall also have appellate jurisdiction in all cases, matters and proceedings pending before a district court of appeal which shall be ordered by the supreme court to be transferred to itself for hearing and decision as hereinafter provided,” was not designed to create a right of appeal in any matter, or to give appellate jurisdiction to the supreme court in any matter where no right of appeal was given by some other provision of law. Its whole design was to give to the supreme court the appellate jurisdiction of the district court of appeal in any case, matter or proceeding, which might be legally transferred from such district court of appeal to the supreme court.

Id.—Power to Transfer Pending Cause.—The provision of the constitution, that “the supreme court shall have power ... to order any cause pending before a district court of appeal to be heard and determined by the supreme court. The order last mentioned may be made before judgment has been pronounced by a district court of appeal, or within thirty days after such judgment shall have become final therein. The judgments of the district courts of appeal shall become final therein upon the expiration of thirty days after the same shall have been pronounced,” ■ is inapplicable to habeas corpus proceedings.

Id.—Meaning of Phrase “Ant Cause Pending.”—The words “any cause pending” used in that provision may reasonably be construed, in the connection in which they are used, as not intending to include and as not including any matter, such as a habeas corpus proceeding, as to which the well settled law excludes the idea of any right of review, except where there is a lack, of jurisdiction. At any rate, the power of the supreme court to order a transfer is expressly limited to “any cause pending before a district court of appeal.” A habeas corpus proceeding cannot fairly be said to be so “pending” at any time after judgment by such court. Such a proceeding is finally and definitely ended by the judgment, and if the petitioner be ordered discharged thereby, he is at once restored to liberty.