In Re Porterfield

By means of habeas corpus the defendant seeks to obtain his release from custody after having been convicted of violating an initiative ordinance of the city of Redding prohibiting soliciting, for compensation, without a license, memberships in organizations requiring the payment of dues.

It is contended the ordinance is void for the reason that it violates the right of freedom of speech guaranteed by the federal and state Constitutions, and because it discriminates against labor organizations. It is also asserted the petitioner did not engage in the business of soliciting memberships, and that the ordinance therefore has no application to his activity in that regard.

A complaint was filed in the City Court of Redding March 10,1942, charging petitioner with violating sections 2, 4 and 7 of said ordinance, by wilfully and unlawfully engaging in soliciting, for compensation, without procuring a license therefor, in said city on the last mentioned date memberships in Construction and General Laborers Union, Local 961, which organization requires the payment of dues from all members.

Upon trial he was convicted of that offense, and sentenced *522 to pay a fine of twenty-five…

At the outset I cannot agree with the majority opinion that the activities of petitioner were such as to constitute him a solicitor of memberships “for compensation” under the provisions of said act.

The only evidence in this regard is that of the tax collector of the city of Redding, who testified that petitioner stated to him that his salary would be the same whether he obtained any members or not; that part of his duties were to solicit members but that nothing was said about petitioner being paid for such solicitation. Counsel for respondent testified that petitioner informed him he received a salary for all the services he performed; that a part of his duties was to solicit memberships for his organization; that he made no mention of being paid a fee or special compensation for such solicitation, and that his salary included all of his activities. The trial court in summation of such testimony stated it understood that the salary paid to petitioner would go on whether he obtained members or not. Section VI of the by-laws of the organization relating to the duties of the business manager thereof, and quoted by petitioner in his brief, makes no mention of the solicitation of…

By means of habeas corpus the defendant seeks to obtain his release from custody after having been convicted of violating an initiative ordinance of the city of Redding prohibiting soliciting, for compensation, without a license, memberships in organizations requiring the payment of dues.

It is contended the ordinance is void for the reason that it violates the right of freedom of speech guaranteed by the federal and state Constitutions, and because it discriminates against labor organizations. It is also asserted the petitioner did not engage in the business of soliciting memberships, and that the ordinance therefore has no application to his activity in that regard.

A complaint was filed in the City Court of Redding March 10, 1942, charging petitioner with violating sections 2, 4 and 7 of said ordinance, by wilfully and unlawfully engaging in soliciting, for compensation, without procuring a license therefor, in said city on the last mentioned date memberships in Construction and General Laborers Union, Local 961, which organization requires the payment of dues from all members.

Upon trial he was convicted of that offense, and sentenced to pay a fine of…