Ex parte Truman
Opinion
Lead Opinion
This is an application for a writ of habeas corpus by I. J. Truman, treasurer of the city and county of San Francisco.
The superior court of the city and county of San Francisco, anJ Hon. Carroll Cook, judge thereof, had made its order *388 directing the treasurer to pay certain moneys to the stenographic reporter of the judge’s court. The order was based upon section 274 of the Code of Civil Procedure as it stood before the unconstitutional amendment of 1885. It reads: “In criminal cases, when the testimony has been taken down or transcribed upon the order of the court, the fees of the reporter shall be certified by the court and paid out by the treasury of the county or city and county in which the case is tried upon the order of the court.” Upon the treasurer’s refusal to comply with the order and pay the moneys as directed therein, he was cited before the presiding judge of the court in contempt proceedings, and, after hearing, was for his refusal adjudged to be in contempt, and ordered to be imprisoned by the sheriff until he complied with the order of court. Upon being taken into custody by the sheriff he sued out this writ of habeas corpus.