In Re Gundelfinger

Petitioner was arrested for violating the provisions of a municipal ordinance, and seeks to be discharged from custody on a writ of habeas corpas.

The city and county of San Francisco maintains an ordinance imposing a license tax upon various classes of business conducted within its boundaries. Section 83 thereof reads as follows: “Every person, firm, or corporation engaged in the business of buying or selling mining stocks, bonds, state, county or municipal stocks or bonds, or stocks of incorporated companies or evidences of indebtedness of private persons or of incorporated companies, directly or on margin, shall pay a license . . . ,” the amount of which varies from twelve to fifty-two dollars a quarter, according to the amount of commissions or gross profits earned by the business. Section 90 declares a violation of any of the provisions of said ordinance to be a misdemeanor. The complaint herein charged that petitioner did wilfully and unlawfully “engage in the business of buying and selling bonds, stocks, and evidences of indebtedness, of private persons and of incorporated companies without having obtained the municipal license so to do,” in violation of the provisions of…