Ex Parte Frank

The petitioner having been convicted of a misdemeanor for the violation of what is known as the “ Sample-Sellers’ Ordinance ” of the City and County of San Francisco, and being restrained of his liberty upon process issued upon the judgment of conviction, is before us on a writ of habeas corpus, and claims that he is entitled to be discharged from custody, on the ground that the ordinance is unconstitutional and void.

The ordinance in effect provides that any person who, in the City and County of San Francisco, shall sell, or contract to sell, or cause to be sold, or solicit for the sale or purchase of any goods, wares, merchandise, distilled liquors,' or drugs or medicines, jewelry, or wares of precious metals or stones, or any other property of any kind, except wheat, wine, wool, brandy, agricultural productions in the raw state, and imports of foreign goods, wares, and merchandise upon which duties have been paid or secured to be paid to the United States, and which have never been sold in the United States, and are still in original packages, whether on commission or otherwise, without at the time having the goods at or in the said city and county, or a bill of lading or…