Harley

*481 The opinion of the Court was delivered bj

This case comes up under the act passed at the last session of the legislature, entitled “ an act to provide for the erection of a powder magazine in San Francisco.” The first section provides, that B. F. Harley is authorized to erect, at his own expense, a powder magazine in the city of San Francisco, under the direction of the mayor.

Under the second section he claims the exclusive privilege of storing all powder within the limits of said city, except such limited quantities as it otherwise provides, may be kept by other houses. That section is in the following words. “That after notice of twenty days in the newspapers of said city, having been given by the superintendent of the magazine of the erection thereof, as provided for by this act, no person shall keep in any one house, or place, within said limits more than five pounds of gunpowder at any one time, under a penalty of §100 for each offence.” The third section extends the right of keeping powder to the amount of twenty-five pounds.

It is insisted under these provisions, that B. F. Harley possesses the exclusive privilege of storing all powder in the city held by any…