This is an application for a writ of ha-

beas corpus. The real question made by the application is 'the right of a person acting as a justice of the peace to perform the duties of that office, it being claimed that the legislation under which he was chosen was unconstitutional.

We have concluded not to consider this question except in a proceeding instituted against the person assuming to •aGt as justice, so that he may be heard upon a matter so ■directly affecting him.

Writ denied.