Matter of Zany

It appears from the petition that petitioner, Charles Zany, is imprisoned by the authority of a warrant of arrest issued on July 11, 1912, upon a complaint filed that day in the justice's court of Modesto township, county of Stanislaus. It is alleged in the petition that said complaint is invalid, illegal, and void in that it fails to charge a public offense and conferred no authority on the said justice of the peace to issue said warrant; "that said complaint is founded upon and charges a violation of the terms and provisions of an ordinance enacted by the people of the county of Stanislaus, state of California, on the 14th day of May, 1912, which ordinance, marked exhibit 'B' is expressly referred to and made a part of this petition"; that no authority "is conferred by law upon the people of the county of Stanislaus *Page 362 to enact or adopt said ordinance and the same is invalid, illegal, null and void." The charging part of said complaint, after reciting the circumstances of the sale of certain two quarts of wine, is as follows: "Which said selling and furnishing as aforesaid was then and there in violation of 'An ordinance for police regulation relating to places where…

dissented from the order denying a hearing by the supreme court. The opinion of the supreme court rendered in this connection is reported in 164 Cal. 724 , [ 130 Pac. 710 .]

It appears from the petition that petitioner, Charles Zany, is imprisoned by the authority of a warrant of arrest issued on July 11, 1912, upon a complaint filed that day in the justice’s court of Modesto township, county of Stanislaus. It is alleged in the petition that said complaint is invalid, illegal, and void in that it fails to charge a public offense and conferred no authority on the said justice of the peace to issue said warrant; “that said complaint is founded upon and charges a violation of the terms and provisions of an ordinance enacted by the people of the county of Stanislaus, state of California, on the 14th day of May, 1912, which ordinance, marked exhibit ‘B’ is expressly referred to and made a part of this petition”; that no authority “is conferred by law upon the people of the county of Stan *362 islaus to enact or adopt said ordinance and the same is invalid* illegal, null and void. ’ ’

The charging part of said complaint, after reciting the circumstances of the sale of certain two quarts of wine, is as follows: “Which said selling and furnishing as aforesaid was then and there in violation of ‘An ordinance for police regulation relating to places where…