In Re Santos

The petitioner was tried and convicted of unlawfully transporting garbage through the streets of the city of Sacramento in violation of Ordinance No. 146, fourth series, of said city, and filed his application herein for a writ of habeas corpus, and as a reason for his discharge alleges that section one of said ordinance is unconstitutional in that it deprives a private person of his property without due process of law.

The ordinance in question provides for the disposal of garbage and its transportation through the streets of the city of Sacramento only by duly authorized persons. The different provisions of the ordinance specify the' containers in which garbage shall be kept and also the manner of its transportation through the streets of the city of Sacramento to insure against the escape of noxious odors or fumes.

We need consider only section 1 of the act in question, as all the other provisions are merely regulatory. That section reads:

While not in the exact language of the ordinance under consideration in the ease of In re Zhizhuzza, 147 Cal. 328 [ 81 Pac. 955 ], the section just quoted is in substance the same as the definition of “garbage” there set forth. For the…