Ex Parte Fedderwitz

Citations

• 6 Cal. Unrep. 562
• 62 P. 935
• 1900 Cal. LEXIS 1114

Syllabus

<p>Justices of Peace.—Code of Civil Procedure, Section 103, as amended by Statutes of 1899, page 88, provides that in every city or town of the fourth class there shall be one justice of the peace. Statutes of 1883, page 24, as amended by Statutes of 1899, page 141, provides that all municipal corporations having a population of 10,000 and not exceeding 15,000 constitute the fourth class, and that there may be a special enumeration to determine the population of a city, which when made shall be deemed the number of inhabitants of such city for the purpose of legislation- affecting municipalities. Statutes of 1895, page 409, in the preamble to a resolution ratifying the freeholders’ charter of a town, recited that such town had a population of more than 10,000. Held, that the office of justice of the peace for such town had a legal existence, and could be legally filled.1</p> <p>Municipal Corporation—Freeholders’ Charter.—Where the Legislature, in the preamble to a resolution ratifying a freeholders^ charter for a city, recited that such city contained a population of more than 10,006, -such resolution, with the charter it establishes, being a law of the state, is conclusive as to the fact recited in the preamble.</p> <p>Justice of Peace—Attack upon in Habeas Corpus.-—-Where the office of justice of the peace in a city has a legal existence, the title of the incumbent cannot be attacked in habeas corpus proceedings by a party convicted before such justice of violation of a municipal ordinance.2</p> <p>Intoxicating Liquors.—A City Ordinance Providing That It shall be a misdemeanor for any person to sell or give away any spirituous liquors within the city, except a licensed druggist selling on the prescription of a regularly licensed physician, which does not conflict with any general law of the state, is valid, though it prohibits a single act of selling or giving away malt and spirituous liquors by one not engaged in the liquor traffic.</p> <p>Intoxicating Liquors.—W