Arfsten

The application is to prohibit the superior court from proceeding to try petitioner on an information in which it is charged that on a certain date he did “willfully and unlawfully sell intoxicating liquors, to wit, whiskey, to one Dow Chilson.” The prosecution is sought to be upheld by reason of two certain ordinances passed by the board of supervisors of the county of Mendocino. The first is known as ordinance No. 161 and, as far as necessary to quote, is as follows: “It shall be and hereby is made unlawful for any person to sell any alcoholic, spirituous, vinous, malt or other intoxicating liquor within the county of Mendocino, state of California, Provided, that this ordinance shall not apply to sales made at his regular place of business under authority of a license by any person holding a regularly issued city or county retail or wholesale liquor license, ’ ’ etc. The penalty provided for the violation of said ordinance was a fine .of not less than one hundred dollars nor more than five hundred dollars or imprisonment in the county jail not less than thirty days nor more than six months. On February 7, 1912, ordinance No. 189 was passed by said board, providing that “Section…