Ex parte Collins

DE HAVEN, District Judge.

This is an application made to me, as judge of the above-entitled court, by George D. Collins for the issuance of a writ of habeas corpus. Section 755 of the Revised Statutes [U. S. Comp. St. 1901, p. 593] provides:

*359"The court, or justice, or judge to whom such application is made shall forthwith award a writ of habeas corpus, unless it appears from the petition itself that the party is not entitled thereto. The writ shall be directed to the person in whose custody the party is detained.”

And the rule is that the writ need not be issued, “if it appear upon the showing…