In Re Shaw

This is a petition for writ of habeas corpus on behalf of the two applicants, who were convicted of a violation of the provisions of section 113 of the Penal Code of this state. This petition is based upon the claim that the freeholders’ charter of the city of Los Angeles has super seeled such section 113 of the Penal Code, in that section 118 of article IX of said charter (Stats. 1925, p. 1068) provides as follows:

However, section 6, of article XI of the Constitution, as amended November 3, 1914, provides, among other things, as follows: “Cities and towns hereafter organized under charters framed and adopted by authority of this Constitution are hereby empowered, and cities and towns heretofore organized by authority of this Constitution may amend their charters in the manner authorized by this Constitution so as to become likewise empowered hereunder, to make and enforce all laws and regulations in respect to municipal affairs, subject only to the restrictions and limitations provided in their several charters, and in respect to other matters they shall be subject to and controlled by general laws.” (Emphasis added.)

Section 8, of article XI of the Constitution, as amended…