In Re Nicholls

Petitioner was convicted in the police court of the city and county of San Francisco of a misdemeanor, as a punishment was sentenced to pay a fine, and in default of such payment to be imprisoned. Having been committed pursuant to the judgment he has applied for a writ of habeas corpus.

The complaint in the action, which was prosecuted in the name of the People of the State of California, charged a violation of an ordinance of the city and county known as the “Plumbing Law,” making it a misdemeanor for any person to install or to alter the plumbing in any new or old building or in any premises therein without first obtaining a permit from the board of health of the city and county, the complaint alleging that petitioner installed and changed certain sewer-pipe on premises, described therein by reference to a street and number in that city and county, without first obtaining a permit as provided by the ordinance mentioned.

It is contended by petitioner that the city and county of San Francisco having adopted, under the provisions of section 8 of article XI of the constitution of the state of California, a charter for its own government, any prosecution for a violation of its…