Ex Parte Yung

Habeas corpus. Petitioner is under arrest and in the custody of a constable of Orange township, county of Orange, charged with violating the provisions of Ordinance No. 49 of said county, entitled: “An Ordinance Prohibiting the Business of Selling . . . Intoxicating Liquors, within the County of Orange, ’ ’ etc.

The illegality of his imprisonment is claimed to be because ordinance No. 49 was passed and enacted in accordance with the provisions of section 13 of the County Government Act of 1897 which was declared to be unconstitutional by the supreme court of the state in Ex parte Anderson, 134 Cal. 69 , [ 86 Am. St. Rep. 236 , 66 Pac. 194 ].

The return to the writ, which is not controverted, shows that ordinance No. 49 was not only passed by vote of the electors of Orange county as provided by section 13 of the County Government Act, but was regularly passed and adopted by the board of supervisors of the county and duly published in the manner required by law for county ordinances.

The ordinance, as adopted by the board of supervisors, shows the enacting clause in the form provided by section 26 of the Act of 1897 followed by its number and title of the ordinance and the…