Golden & Co. v. Justice's Court
Opinion
lead Opinion
Hart, J.
This is an application for a writ of prohibition td restrain the respondents from taking further steps in a certain proceeding, now pending before them, and which is based upon a complaint whereby the petitioner is charged with the violation of the provisions of section 4 of ordinance No. 72 of the county of Yolo, passed by the board of supervisors of said county on the fifth day of Se otember, 1911.
The purpose of said ordinance is the regulation of the business of selling intoxicating liquors in the said county of Yolo. Section 2a provides that ten licenses and no more shall be issued in Yolo County to carry on and conduct the liquor traffic, and then follows a designation of the towns and places wherein the right to carry on said business under the licenses mentioned, when the same are duly issued, may be exercised. No part of the territory in said county known as Guinda township, of which the respondents are the justice’s court and the justice of the peace, is included among those in which licenses to conduct the liquor traffic may be issued under said ordinance.
Section 4 of said ordinance provides: “ ... It shall be unlawful for any person, company, association or club, as…