Ex Parte Kordoulis

This is an application of the petitioner for release on habeas corpus. The proceedings show that the petitioner was arrested and charged with the violation of the provisions of section 194 of ordinance 2741 (new series), of the ordinances of the board of supervisors of the city and county of San Francisco, which reads in part as follows:

The sole question before the court is the legality of the foregoing section of the ordinance.

Practically the same question was before this court in Ex parte Dondero, 19 Cal. App. 66 , [ 124 Pac. 884 ], wherein a similar section of the same general ordinance was held by this court to be invalid because of discrimination in its operation between individuals similarly situated, in that it permitted those already in possession or ownership of buildings or premises being used for stables, to continue to put these structures to such use without a permit, while requiring all persons thereafter wishing to construct any building or premises to be used as a stable to first obtain a permit from the board of supervisors so to do. The reasoning and conclusion of this court in the Dondero ease apply to the case at bar, and impel us to hold the section of the…