In Re Higgins

From the petition it appears that Richard Higgins was arrested and, until his release on bail when the writ of habeas corpus Avas issued, was imprisoned, on a complaint charging him with the violation of section 18 of Ordinance No. 5132, New Series, of the city and county of San Francisco. The. ordinance is the general license ordinance, and section 18 is as follows: “Every person, firm or corporation engaged in the business of selling, exchanging or buying second-hand or used automobiles or other motor vehicles for the purpose of resale or exchange of same shall pay a license of fifty dollars ($50) per quarter for each such place maintained, provided, however, that persons reselling used automobiles or other' motor vehicles taken in exchange or part payment for new automobiles or other motor vehicles, shall pay a license of twenty-five dollars ($25) per quarter.”

The record fails to show whether Higgins was dealing in new automobiles or in second-hand vehicles only. If he was in the second category of those sought to be taxed by the section in question, some of the matters on which he relies would require no consideration at this time. Since both the petitioner and the…