Ex parte Tuttle

The return to the writ issued herein shows that the petitioner was, at the date of its service, in the custody of the chief of police of the city and county of San Francisco, under arrest upon a charge of violating an ordinance of that city which prohibits selling pools on horse-races, or holding money or other *590 thing as a stake upon any wager as to the result of such race, “ except within the inclosure of a race-track where such trial or contest is to take place.”

The preamble to this ordinance, which gives the reason for its enactment, is as follows: “ Whereas, it has become apparent that the practice of gambling on horse-races has become alarmingly prevalent, and is the cause of debauching many of our boys and young men, rendering them unfit for the honorable occupations of life; and whereas, this discreditable occupation, with all its vicious results, is allowed in all its alluring features to occupy places in the business portion of our city, enticing our youths into habits which ultimately effect their ruin and degradation; and whereas, it is asserted that there is no legislation prohibitory of this nefarious and demoralizing pursuit being conducted and carried on, the…