Rose

Union Ice Co. v. Rose

Good Law
11 Cal. App. 357·1909 Cal. App. LEXIS 143·104 P. 1006
Court of Appeal of CaliforniaSeptember 22, 1909Civ. No. 640.California2,307 words

Opinion

Lead Opinion

Shaw, J.

This is an application for a writ of prohibition to prevent the police court of the city of Los Angeles and H. H. Rose, a judge thereof, from proceeding further in the prosecution of an action of the people of the state of Cali forma against the petitioners upon a criminal charge of violating the provisions of an act of the legislature of the state of California, approved March 23, 1907 (Stats. 1907, p. 984), ■commonly known and designated as the “Cartwright Law.” Petitioners hase their application upon two grounds: First, that the act in question fails to designate the offense described therein as a misdemeanor, and likewise fails to specify the place of confinement on conviction. Second, conceding the violation of the provisions of said act to constitute a misdemeanor only, the act of 1901 establishing the police court of Los Angeles, approved March 5, 1901, in so far as it attempts to confer jurisdiction upon said court, is unconstitutional.

Section 1 of the Cartwright act defines a trust and declares every such trust to be unlawful, against public policy, and void. There is no express designation of the offense, and whether such violation of the acts prohibited constitutes a…

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