In Re West

The petitioner, Sam West, was arrested by the chief of police of the city of Oakland under a warrant issued in a criminal action wherein petitioner was charged with having violated the provisions of an ordinance of said city relating to the holding of auction sales of jewelry, and he now seeks to be discharged from custody on habeas corpus upon the ground that said ordinance is unconstitutional.

The ordinance in question purports to regulate the re- . tail selling of jewelry at public auction. It provides that “it shall be unlawful for any person, firm, corporation or association to sell, dispose of, or offer for sale, in the City of Oakland, at public auction, or to cause or permit to be sold, disposed of, or offered for sale in the City of Oakland, at public auction, any platinum, gold, silver, or plated ware, precious stones or semi-precious stones, watches or other jewelry, whether the same shall be their own property or whether they shall sell the same as agents or employees of others, ’ ’ but it expressly exempts from its operation judicial sales, those made by executors or administrators, or licensed pawnbrokers, and also sales made “at public auction of the stock on hand…