In Re Application of Ruppe

The petitioners, by this proceeding in habeas corpus, seek their discharge from the custody of the chief of police of the city of Los Angeles, by whom they are alleged to have been detained under a commitment issued out of the police court of said city upon conviction of having violated Ordinance No. 31,746 (New Series) of said municipality, and particularly that provision thereof regulating .districts within which undertaking establishments may be maintained. A referee was appointed by this court to take testimony and make findings upon certain issues of fact.

It is contended that the ordinance under which the petitioners were prosecuted and convicted is class legislation, discriminatory, oppressive, and against public policy; that it is ancient, and insufficient in its territorial limitation to meet the present reasonable necessities of a growing metropolis, and for these reasons we are asked to declare it unconstitutional and void.

It is conceded that the petitioners established, conducted, and maintained a chapel and undertaking establishment outside of any district created by the municipal legislative body of the city. The essence of the petitioners’ complaint is that no…