Carse

This is an application for a writ of prohibition to restrain the superior court of the county of San Diego from proceeding to punish the applicant herein for contempt, said contempt consisting in his alleged violation of the terms of an injunction issued in a cause then pending in said court.

The action wherein the order was issued, which the applicant is charged with having violated, was entitled United States, plaintiff, v. W. C. Carse, defendant, and was brought under the provisions of the act of Congress commonly known as the Volstead Act (41 Stats. 305, Fed. Stats. Ann. (1919 Supp.), p. 197, U. S. Comp. Stats. (1919 Supp.), p. 2678). The object of the action was to have it declared that said applicant was maintaining a “public and common nuisance,” and of having such nuisance abated, and of procuring an injunction preventing said applicant from further maintaining the same. That apt declares that a place where in toxicating liquor is manufactured, sold, kept or bartered is a “common nuisance” and provides that “an action to enjoin any nuisance defined in this title may be brought in the name of the United States by the Attorney General of the United States or by any United…