In Re Application of Flesher

This is an application for the writ of habeas corpus and from the petition and return thereto it appears that the petitioner was charged with violating the Corporate Securities Act. The complaint shows that on the fifth day of October, 1926, petitioner knowingly, wilfully, and unlawfully sold ten shares of the capital stock of the Julian Merger Mines, Incorporated, which corporation did not at the time have a permit from the commissioner of corporations of the state of California authorizing it to sell or issue any of its securities. It also shows that the Julian Merger Mines, Incorporated, is organized and existing under and by virtue of the Code of Law for the District of Columbia created by “An Act to establish a Code of Law for the District of Columbia.” (31 U. S. Stats, at Large, p. 1189 et seq., approved March 3, 1901.)

The petitioner bases his argument upon section 2 of the Corporate Securities Act (Stats. 1917, p. 673), particularly upon subdivision 3 (a) of that section. Subdivision 3 of section 2 reads as follows: “The word ‘company’ includes all domestic and foreign private corporations, associations, joint stock companies, and partnerships, of every kind, trustees, as…