¶1specially concurring :
¶2We agree that the purported appeal be dismissed. However, we desire to add that we find no constitutional or statutory authority permitting the taking of an appeal from an adverse ruling or order on an application for a writ of habeas corpus. For this reason the purported appeal herein should be dismissed for lack of jurisdiction in this court to entertain same or to pass on the merits of the proceedings. The petitioned Booth was at liberty to petition any other district court or judge of this state for a writ of habeas corpus and after the denial of the writ, he had a right to institute in this court an original proceeding asking for a writ of review or for a writ of habeas corpus.