Helmer

The petitioner is charged in said superior court with the crime of driving a motor vehicle upon a public highway within the city of Sacramento while under the influence of intoxicating liquors. Said of fense is made a felony or, in the discretion of the court, a high-grade misdemeanor, by section 17 of the Motor Vehicle Act. Section 20 of Ordinance No. 282 of said city prohibits the same act but makes of it only a misdemeanor. Said city is governed by a charter adopted'in the year 1911. Petitioner insists that the provisions of said ordinance prevail over the Motor Vehicle Act and that, if he is prosecuted at all, it should be under the provisions of the ordinance. Said respondent has overruled his several objections to the proceedings in said superior court and proposes and intends, unless restrained by this court, to proceed with the trial of the charge against him.

This constitutes the only question to be determined in the case.

[1] (1) The respondent concedes that the constitution has granted to chartered cities the power to enact ordinances relating to “municipal affairs,” which ordinances prevail over acts of the legislature inconsistent therewith. There are many…