In Re Milstead

Habeas corpus. Petitioners herein prosecute this writ for the purpose of being relieved from imprisonment in the city jail of Los Angeles city, the petition setting forth that they were therein held without process or warrant of law. It is alleged in the petition that at 1 o’clock A. M. on a certain Sunday morning of August, petitioners were arrested by police officers in Los Angeles city; that such officers had no warrant for the arrest of petitioners and that upon being arrested petitioners were held in the city jail until the hour of 8 o’clock P. M. of the same day, without having been taken before a magistrate or being permitted to give bail. At the last-named hour a writ of habeas corpus was secured from a judge of the superior court and hearing thereafter had thereon. It is alleged, further, that the arrest was made by the officers under the claim that petitioners were violating an ordinance of the city of Los Angeles, commonly called the “Rooming-house Ordinance”; that, in fact, petitioners had not violated the provisions of said ordinance. The return made by the chief of police admits that the arrest was made as charged, except that it is set forth that petitioners were at…