In Re Thomas

Good Law
10 Cal. App. 375·1909 Cal. App. LEXIS 227·102 P. 19
Court of Appeal of CaliforniaApril 10, 1909Crim. No. 116.California505 words

Opinion

Lead Opinion

Habeas corpus. Petitioner prays for her discharge from custody upon the grounds that she is restrained of her liberty by reason of an arrest under a complaint charging her with a violation of Ordinance No. 17,192, enacted by the city council of Los Angeles city, her contention being,, first, that the city has no power to pass such an ordinance, and, second, that the same is unreasonable.

This ordinance in general terms makes it unlawful for any person to hold, conduct or address any assemblage, meeting- or other gathering of persons, or to make any public speech,. lecture or discourse, in any public park of the city, or upon any public street or alley within a defined district. No restrictions of any kind or character are sought to be imposed upon any person with relation to any of the streets or alleys outside of such district. The authority of the city of Los Angeles under its charter to make and enforce within its limits all such local, police and sanitary and other regulations as are not in conflict with general law is derived from the constitution of the state. “It is impossible to state in terms the extent or the limitation of what is known as the police power; and courts…

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