Ex Parte John

Petitioner was held in custody by the sheriff of the county of San Mateo, under a judgment rendered upon his conviction of having violated the provisions of an ordinance, number 176, relating to the disinterment and removal of remains of deceased persons, interred within the limits of San Mateo county, and adopted by the board of supervisors of said county in the month of July, 1901.

In this proceeding the petitioner attacks the validity of the ordinance itself, and makes no point as to the sufficiency of the complaint as stating an offense under the ordinance, if the ordinance be valid.

It is substantially charged in the complaint upon which petitioner was convicted that he disinterred a dead body without first making application for, and obtaining a permit so to do, from the health officer of San Mateo county, as required by said ordinance.

We also understand that the district attorney of San Mateo county, who appeared in opposition to the writ, concedes that the only offense charged against petitioner is that of violating said ordinance. The only question presented to this court for decision is thus the question as to the validity of the ordinance.

The first and principal…