Schomig

The defendant A. Schomig was convicted by a jury of violating an act of the legislature relating to real estate brokers and salesmen (Stats. 1919, p. 1252), to wit, engaging in the business of a real estate broker and salesman without first procuring a license therefor, as required by said act. He was sentenced to pay a fine of $200 or suffer a jail sentence, and he has appealed from the judgment.

The constitutionality - of the act is attacked upon the ground that its provisions are discriminatory (subds. 2 and 33, sec. 25, art. IV, and sec. 21, art. I, Cal. Const., amendment XIV, U. S. Const.), it being contended that while said act purports to deal 'with individuals, copartnerships and corporations as a class, it prescribes a different penalty for an individual than it does for a corporation and exempts a copartnership from punishment altogether.

Section 1 of said act provides: “It shall be unlawful for any person, copartnership or corporation to engage in the business, or act in the capacity of a real estate broker, or a real estate salesman within this state without first obtaining a license therefor.”

-Section 2 of said act, so far as it is material here, reads: “A real…