Ex parte Kuback

This is an application for a writ of habeas corpus. The petitioner was tried and convicted *275 of a misdemeanor under the following ordinance of the city of Los Angeles: —

“ The mayor and the council of the city of Los Angeles do ordain as follows: —

“ Sec. 1. Eight hours’ labor constitutes a legal day’s work in all cases where the same is performed under the authority of any ordinance, resolution, or contract of the city, or under the direction, control, or by the authority of any officer of the city, acting in his official capacity; and a stipulation to that effect must be made a part of all contracts to which the city as a municipal corporation is a party.

“ Sec. 2. It shall be unlawful for any contractor, by himself or through another, when having labor performed under any contract with the city, to demand, receive, or contract for more than eight hours’ labor in. one day from any person in his employ or under his control, with the promise or understanding that such person so laboring over eight hours shall receive a sum for said day’s work more than that paid for a legal day’s work.

“ Sec. 3. It shall be unlawful for any contractor, by himself or through another, when…