Ex Parte Hadacheck

A writ of habeas corpus was issued by this court on the petition of J. C. Hadaeheck, who alleged that he was held in custody under a complaint charging him with the violation of an ordinance of the city of Los Angeles, adopted in April, 1910, and designated No. 19,989, new series. The validity of the ordinance presents the sole question to be here determined.

By the terms of the enactment, it was declared to be unlawful for any person, firm, or corporation to establish, conduct, operate, or maintain, or to cause or permit to be established, operated or maintained, any brickyard or brick kiln, or any establishment, factory or place for the manufacture or burning of brick, whether established prior or subsequent to the passage of the ordinance, within a described district or portion of the city of Los Angeles. A violation of any of the provisions of the ordinance was declared to be a misdemeanor. The district to which the prohibition was applied contains about three square miles. The petitioner is the owner of a tract of land containing eight acres, more or less, within the district described in the ordinance. He acquired his land in 1902, before the territory to which the…