In Re Harder

The petitioners were arrested upon a warrant issued by the justice of the peace of Township No. 1 of the county of Amador, charging them with a misdemeanor, described as follows, to wit: “Violation of Ordinance No. 184 of the Board of Supervisors of the County of Amador, warrant dated June 5th, 1935. ’ ’

While counsel in this case have argued at length, and with considerable ability, the right of law-making bodies to prohibit peaceful picketing, and have cited a great many decisions where certain acts have been held unlawful, and certain cases wherein appears a statement that in the absence of legislation to the contrary, peaceable picketing cannot be prohibited, all of which cases we have carefully examined. Nevertheless, a consideration of Ordinance No. 184 of the board of supervisors of the county of Amador precludes our expressing any opinion as to whether what counsel has called “peaceful picketing” may or may not be prohibited.

The ordinance in question, as shown by section 1, being the prohibitive portion of the ordinance, is so indefinite and uncertain as to render it void. That section reads: “It shall be unlawful, in Amador County and outside of incorporated cities or…