In Re Bruce

Petitioner was convicted in the police court in the city of San Diego of the offense of having conducted the business of an auctioneer without having first procured a license from said city entitling him so to do. He seeks to be discharged from custody of the chief of police on the ground that the ordinance, under the terms of which his conviction resulted, is unconstitutional and void. The particular contention made is that the ordinance in question, as its terms affect the business of auctioneering, is discriminatory. A copy of the ordinance is attached to the petition and in section 29 thereof we find the following provisions: “Class A. For every person who sells or offers for sale at public auction any real estate, live stock, or second hand goods, wares or merchandise, the sum of fifty dollars ($50.00) per year. Class B. For every person who sells or offers for sale at public auction any other property than real estate, live stock or second hand goods, wares or merchandise, or who sells or offers for sale at public auction any real estate, live stock or second hand goods, wares or merchandise, together with other property, the sum of ten dollars ($10.00) per day.” The charge…