Ex Parte Snowden

Habeas corpus. Petitioner is in the custody of the chief of police of the city of Los Angeles charged with violating section 26 of ordinance No. 15,775 of that city, known as the “traffic ordinance,” as the same was amended by ordinance No. 18,435, by driving an automobile upon and along one of the streets of Los Angeles at a rate of speed greater than thirty (30) miles per hour.

In support of his contention that he is illegally detained, the petitioner urges that the ordinance is void for the following reasons: (1) It is in conflict with the state “motor vehicle act,” as amended March 23, 1907, because it attempts to enact regulations at variance with the provisions of that act, and prescribes a different penalty for an act made a crime and punishable under a general law; (2) That the ordinance discriminates against owners and drivers of motor vehicles; and (3) That the ordinance is unreasonable and the punishment imposed thereby excessive and out of harmony with the laws of the state prescribing penalties for misdemeanors.

The motor vehicle act as approved March 22, 1905, and amended in 1907 (Stats. 1907, p. 915), provides for the registration of motor vehicles and the…