In Re McLain

This is an application for release on a writ of habeas corpus. It appears from the petition that the petitioner was convicted and ordered imprisoned for the alleged violation of the provisions of the Motor Vehicle Act.

The essential facts are that the petitioner operated and drove an automobile over and upon a certain bridge, a portion of Colorado Street, a public highway in the city of Eagle Rock, and between certain signs or limit markers erected and standing at each extremity thereof, at a rate of speed of twenty-eight miles per hour, in violation of an order of the California Highway Commission fixing the maximum rate of speed of vehicles traveling over said bridge and between the limit markers at fifteen miles per hour. For this offense he was arrested, found guilty, and sentenced to imprisonment in the county jail.

It appears that prior to the arrest and conviction of the petitioner the California Highway Commission, by virtue of authority assumed by it under the provisions of section 22a of the Motor Vehicle Act (Stats. 1919, pp. 220, 221), estab listed a speed limit of fifteen miles per hour for all vehicles traveling over this particular bridge, and caused to be erected…