In Re Hitchcock

Application for writ of habeas corpus.

The petitioner was arrested upon the charge of having violated the terms of a certain ordinance of the city of Oakland adopted by the council of said city on January 19, 1917, designated as Ordinance No. 1132, N. S., by engaging in the business of conducting, maintaining, and soliciting business for a patrol service or system without first obtaining a permit so to do from the council of said city of Oakland in conformity with the requirements of said ordinance.

The petitioner makes several assaults upon the applicability of the ordinance to him and upon its general validity, which will require a brief statement of the terms of the ordinance for their consideration.

The ordinance purports by its title to be an ordinance regulating the granting of permits to conduct or maintain any patrol service or system in the city of Oakland, fixing a license therefor, and providing a penalty for violations thereof. In the body of the ordinance the terms “patrol service” and “patrol system” are defined to be any service or system which purports to furnish to members or subscribers for a consideration or otherwise any watchman or guard, either uniformed…