In Re Johnston

The petitioner was arrested for the violation of an ordinance of the city of Pasadena, passed December 17, 1901, and seeks his discharge under a writ of habeas corpus, on the ground that the ordinance itself is in violation of the constitution and invalid.

Section 2 of the ordinance is as follows: “It shall be unlawful for any person, firm, or corporation to lay down any pipe, conduit, or connection therewith in any public street or thoroughfare in the city of Pasadena, for the purpose of supplying the said city or its inhabitants with fresh water, or with gas used exclusively for illumination, or with other illuminating light, without first obtaining, in the manner hereinafter prescribed, a permit from the superintendent of streets of said city, to make the necessary excavations therefor. Any person, firm, or corporation desiring to obtain such a permit shall file with the superintendent of streets of said city an application therefor in writing, setting forth the public streets or thoroughfares, and the particular portions thereof, which it is desired to excavate, the size and character of the excavation to be made, and specifically the purposes for which the pipe, conduit, or…