Ex parte Mason

Citations

• 102 Cal. 171
• 36 P. 401
• 1894 Cal. LEXIS 612

Syllabus

<p>License Tax—Sale oe Liquors—Unauthorized Arrest—Habeas Corpus.—A county is not authorized to impose a license tax for the mere act of selling intoxicating liquors, and when its ordinance does not purport to impose a license tax upon the business of selling such liquors, but merely upon the act of selling it, one who refuses or fails to take out a license for such act cannot be lawfully arrested upon a penal charge of carrying on the business without a license, and should be discharged upon habeas corpus.</p>