In Re Newell

The petitioner is in custody after a conviction of a violation of section 141 of Ordinance No. 10,405, N. S., of the city of Los Angeles, which provides: “It shall be unlawful for any person, firm, or corporation to erect or maintain any tent or movable structure of any kind whatsoever in that portion of the city of Los Angeles described in section 31 hereof as the fire limits. ’ ’ He claims that such custody is unlawful, because the structure maintained by petitioner is a small tent-house in which he is, and was at the date of the passage of the ordinance, engaged in business. The authority of the council to adopt an ordinance, either under the charter or otherwise, by which the maintenance of a structure erected before the date of the passage of the ordinance may be made unlawful, is challenged.

There is nothing pleaded dehors the ordinance by virtue of which petitioner claims that the same is unreasonable, oppressive, or void as applying to his property distinguished from other property within the fire limits. The police power of a city is derived from the constitution (article XI, section 11), and not alone from the charter. The subject matter of the ordinance is referable to…