Olivieri

A complaint was filed in the police court of the city of Bakersfield charging that the defendant on the twenty-fourth day of December, 1922, did willfully and unlawfully have, keep, and store intoxicating liquors in a certain building situated in said city of Bakersfield, without having a valid permit so to do, contrary to the provisions of section 6 of Ordinance No. 64 of said city, and contrary to the statutes of the state of California; that pursuant to said complaint and a warrant issued thereunder, petitioner was arraigned in said court and his trial upon said charge set for February 1, 1923. This proceeding is instituted for the purpose of securing a writ of prohibition, directed to the respondent, restraining him from proceeding with the trial of said action, and comes before us on a demurrer to the petition.

Petitioner bases his right to said writ upon the ground that the said Ordinance No. 64 of the city of Bakersfield is in conflict with the general laws of the state of California, that is to say, “The Wright Act,” passed by the legislature of the state, and which became effective December 21, 1922, after its approval by the voters of the state (Stats. 1921, p. 79). In…