Ex parte Smith

CONCURRING OPINION OF

GALBRAITH, J.

The petitioner was charged and found guilty of contempt of the Circuit Court of the First Circuit of this Territory. This court cannot in habeas corpus examine and determine whether or not the facts were sufficient in our opinion to constitute the offense or the sentence unduly severe, as might be done on appeal or writ of error if such process were available. The only question presented in this proceeding is one of jurisdiction or power of the court to impose the sentence complained of, the court’s jurisdiction over the subject matter and the person of the…