In Re Means

By a writ of habeas corpus, E. H. Means seeks his discharge from custody under a warrant of arrest issued upon a complaint charging him with a violation of an ordinance of the city of Sacramento requiring that every person performing labor as a journeyman plumber procure a certificate of registration. The petitioner alleges in support of his application that at the time of his arrest he was a civil service employee of the State of California engaged in the work of a plumber at the California State Pair grounds in the city of Sacramento, and that, as such employee, the ordinance does not apply to him. These facts are not denied; therefore, the only question presented for decision is whether a state employee, working entirely on state property, may be punished for his failure to comply with the municipal requirement.

For many years there has been in effect “an act to provide for a general system, based upon investigation as to merit, efficiency and fitness, for appointment to and holding during good behavior of office and employment under state authority ...” (Stats. 1913, chap. 590.) Under an amendment to the Constitution approved by the people in 1934 “permanent appointments and…