Ex Parte Mogensen

The petitioner was convicted upon a charge of violating an ordinance of the town of Los Gatos, prohibiting the alcoholic liquor traffic. He seeks, by writ of habeas corpus, discharge from the custody of the sheriff of the county of Santa Clara.

This proceeding, among other things, involves an inquiry into the validity of that ordinance. It was passed June 28, 1906, and is called “Ordinance Number 130." The part germane to this examination is as follows:

Section 2 provides that such liquors may be sold for medicinal, chemical and mechanical purposes as provided therein.

Section 3 declares violations of the ordinance to be misdemeanors, and fixes a punishment therefor.

The power to pass such an ordinance is granted in section 11 of article XI of the state constitution. (Ex parte Campbell, 74 Cal. 20 , [ 5 Am. St. Rep. 418 , 15 Pac. 318 ]; Ex parte Noble, 96 Cal. 362 , [ 31 Pac. 224 ]; Ex parte Christensen, 85 Cal. 208 , [ 24 Pac. 747 ].) It can only be invalidated by some general law of the state with which it is in conflict.

Petitioner contends that since the cases just cited were decided, the general law has been changed by section 3366 of the Political Code, which, he…