In Re Robinson

The petitioner in this cause was arrested for having failed to take out a license, pursuant to the provisions of section 74 of Ordinance 159, 4th series, of the city of Sacramento, and seeks his discharge herein on the ground that the provisions of said ordinance, under and by virtue of which he was arrested, are unconstitutional and void.

Section 74 of said ordinance, among other things, provides as follows: “A solicitor within the meaning of this ordinance is defined to be any person who goes from house to house, or from place to place in the City of Sacramento, selling or taking orders for, or offering to sell or take orders for goods, wares, or merchandise or any article for future delivery, other than newspapers, or for services to be performed in the future, or for the malting, manufacturing or repairing of any article or thing whatsoever for future delivery, provided, however, that this section shall apply only to solicitors who demand, accept or receive payment or deposit of money in advance of final delivery.

“Provided, further, that under no circumstances shall this ordinance or any section thereof be construed to require that a license be obtained where any regularly…