In Re Lindley

Petitioner, Lester Thomas Lindley, in his amended petition for a writ of habeas corpus, sets forth that during the month of February, 1929, the California Vehicle Act as amended in 1927 was in full force and effect; that upon February 16, 1929, the petitioner was unfortunate in having an accident with his automobile resulting in one Julia Chavez filing an action in the Superior Court of the State of California, in and for Los Angeles County, against said petitioner for damages, which judgment became final on November 26, 1929; that said judg ment has not been satisfied and still remains unsatisfied; that upon April 11, 1930, the division of motor vehicles of the state of California, by reason of the provision of section 73, paragraph (g) of the California Vehicle Act (Deering’s General Laws, 1929, Act 5128, p. 3451), suspended petitioner’s license to operate a motor vehicle in this state, which order of suspension or revocation of petitioner’s license was based solely upon the alleged violation of said paragraph (g) and not upon any other ground; that upon the thirtieth day of April, 1930, after said license had been revoked, petitioner drove an automobile upon a public highway in…

I concur.

In contending for the constitutionality of paragraph (g) of section 73 of the California Vehicle Act respondent places his principal reliance upon Opinion of the Justices, 251 Mass. 569 [ 147 N. E. 681 ], or it may be said, at least, that the other cases cited by him do not aid his contention. The Massachusetts case, strictly speaking, does not touch the question here involved, although it does announce certain general principles which the court has Said, in another opinion filed on the same day, lead to the conclusion that such a statute as we have here is constitutional. The ease to which we have last referred is Opinion of the Justices, 251 Mass. 617 [ 147 N. E. 680 ], and it does undoubtedly uphold the constitutionality of a statute similar, at least, to the one now before us. This case, although mentioned by me after the one relied on by respondent, will be referred to in this opinion as the first Massachusetts case.

Subdivision (g) of section 73 of our statute provides that the licenses and registration certificates of any person, “in the event of his failure to satisfy every judgment within fifteen days from the time it shall have become final, . . . for damages…