Henley

By the act of March 21, 1911, (Stats. 1911, p. 396), a new section—numbered 2185c—was added to the Political Code, providing that “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 inebrity he must issue and deliver to some peace officer a warrant directing that such person be arrested and taken before a judge of the superior court for a hearing ánd examination on such charge. Such officer must thereupon arrest and detain such person until a hearing and examination can be had . . . Such affidavit and warrant of arrest must be substantially in the form provided by section 2168 of the Political Code for the arrest of a person charged with insanity.”

The petitioner herein was arrested under a warrant issued upon the filing of an affidavit worded as follows:

The petitioner was arrested; his objection to the jurisdiction of the respondent to proceed with his examination was overruled, and he asked this court for a writ of prohibition which was allowed upon the grounds here…