In re Stuart

Citations

• 61 Cal. 374
• 1882 Cal. LEXIS 625

Syllabus

<p>Ordinance—Misdemeanor—Constitutional Law—Liquor License.—The petitioner was convicted in the Police Judge’s Court of misdemeanor in violating Section 39 of Order No. 1,589, of the City and Comity of San Francisco, which was passed July 28,1880, and prohibits the sale of spirituous liquors, etc., without a license.</p> <p>Held: The power to pass this ordinance was ample under the fourth subdivision of the first section of the Act of April 25, 1863 (Stats. 1863, page 540), and the third section of the Act of March 30, 1872 (Stats. 1871-2, page 737). Conceding that these Acts were repealed by the Act of 1878 (Stats. 1877-8, page 444), the power existed, under the section of the Constitution which per se confers the power on the Board of Supervisors of the City and County of San Francisco, to pass the section of the Order above mentioned.</p> <p>Id.—Id.—Id.—Id.—Police Regulation.—The Order in question is a police regulation and is not in conflict with any general law.</p>