In Re Morris

This matter comes before us on a writ of habeas corpus. The petitioner was charged, tried, and convicted in the police court of the city of Los Angeles, was sentenced to pay a fine of $250, and, in default of payment, to suffer ninety days’ imprisonment in the city jail. He was charged with a misdemeanor under section 166, subdivision 4, of the Penal Code, which is as follows:

He was specifically charged with the willful disobedience of an order and injunction issued out of the superior court in and for the county of Sacramento in an action wherein the people of the State of California on the relation of the attorney-general was plaintiff against the Industrial Workers of the World, et ah, defendants. The petitioner disputes the constitutionality of the Penal Code section as interpreted by the prosecution, denies the jurisdiction of the police court over the proceeding here in question, and attacks the validity of the injunction which he is charged with violating. All of the questions raised by petitioner in his attack upon the validity of the injunction were raised and considered by this court and resolved against petitioner’s contentions in the case of In re Wood, ante, p. 49 […