Matter of Application of Clark

The questions involved in this case arise upon the application of Ella Clark for a writ of habeas corpus, alleging the unlawfulness of her confinement in the county jail of Fresno County. The undisputed facts of the case are set forth in the petitioner’s application for the writ, and are substantially these: The city of Sanger is a municipal corporation of the sixth class, and has been organized and exists as such under the provisions of the Municipal Incorporation Act of the state of California applicable to cities of its class. [Stats. 1883, p. 269.] Subdivision 1 of section 862 of that act empowers such cities “to pass ordinances not in conflict with the constitution and laws of this state or of the United States.” By subdivision 14 of the same section such cities are empowered “to impose fines, penalties a'nd forfeitures for ■ any and all violations of ordinances; to fix the penalty at fine or imprisonment or both; but no such fine shall exceed $300, nor the term of imprisonment exceed three months.” By section 867 of the same act it is provided that “The violation of any ordinance of such city or town shall be deemed a misdemeanor, and may be prosecuted by the authorities of…