In Re Makings

This is an application for a writ of habeas corpus. The petitioner is held by the constable of Sausalito township, county of Marin, under a warrant of arrest issued out of the justice’s court of said township by virtue of a complaint filed in said court which charges that on the twelfth day of March, 1926, the petitioner “ . . . did then and there wilfully and unlawfully transport and carry crabs from the Pish and Game District No. 1% to the County of Marin, State of California. ...” The petitioner asserts the complaint is based on section 628 of the Penal Code, subdivision “c” (Stats. 1925, p. 456) thereof, and that such portion of the-statute is unconstitutional because it is discriminatory. In this connection the petitioner earnestly contends that “if crabs are caught in any one of said districts then any of the other six districts has and enjoys the right and privilege of having said crabs shipped into it, sold to, purchased by, and consumed by the residents of such district. . . . Each of these particular seven districts enjoys privileges in regard to crabs caught in any one of this group of seven which are not enjoyed or possessed by the other fifty-three (53) fish and game…