may raise by the appropriate remedy, the question whether that order is void, or whether the injunctional order was not void. If this latter order was void, and not merely irregular, then there was no contempt, and on habeas corpus appellant would be discharged. It is not a contempt to refuse to recognize a void order. Rap. Contempt., § 33, and cases cited; Ex parte Fisk, 113 U. S. 714-718, 5 Sup. Ct. Rep. 724; Lester v. People (Ill. Sup.), 23 N. E. Rep. 387-389; State v. Milligan, 3 Wash. 144, 28 Pac. Rep. 369; In re Sawyer, 124 U. S. 200, 8 Sup. Ct. Rep. 482. It appears that on the hearing on the return of the order to show cause why appellant should not be punished for contempt, the Hon. Roperick Ross, judge of the district court of the fifth judicial district, was requested by the Hon. William B. McConneell, the judge of the third judicial district, to sit in his place. Judge McConnELL was present in the court room at the time, and it is not pretended that he was in any manner disqualified from hearing the matter. The order disobeyed was an order of the district court of the third district. The contempt, if any, was a contempt of that court. That court, and that court only, could punish such contempt. No other judge had authority to act as the judge of that court, except in the manner pointed out by the constitution and the statute. It will be noticed that the act of 1890 (chapter 61) authorizes one judge to hold a term of court in another district upon proper request, whenever the judge of that district is unable for any reason to act. But it is not pretended that Judge Rose was requested to hold a term of court, nor was he actually engaged in holding such term at the time he made the contempt order appealed from. On the contrary, the request was that he act in this special matter. Now, to authorize a judge of another district to act in any case or cases specially as distinguished from his holding a term of court, the statute says the judge for whom he acts must be disqualified for some reason. Of this there appears to be no pretense. It may therefore be questionable whether the court of the third judicial district has ever made any order punishing appellant for contempt—whether the order is not a lifeless form. The point, however, we do not decide. There could be no such thing as the action of the court of the third district without the
