Ex Parte Murphy

Application for a writ of habeas corpus.

Ordinance No. 262, duly adopted by the city of South Pasadena, and entitled, “An Ordinance for police regulation, relating to billiard halls, pool rooms, and places where billiard and pool tables are kept for hire or public use in the city of South Pasadena,’’ provides:

On January 18, 1908, petitioner was arrested upon a complaint which charged “that on the 17th day of January, 1908, at said City of South Pasadena, in the county of Los Angeles, State of California, the crime of violating Ordinance No. 262 of said City of South Pasadena was committed by J. L. Murphy, who at the time and place last aforesaid, did willfully and unlawfully engage in, establish, open, keep, carry on and assist in carrying on, maintain and assist in maintaining, a billiard hall and pool room and place, by then and there keeping billiard, pool, and combination billiard and pool tables for hire and for public use.” An answer was filed controverting certain allegations of the petition regarding the manner in which the business was conducted by petitioner, the character of those who frequent the place, and the fact that the conduct of the business was disassociated…