Ex parte Long

Petitioner asks to be discharged on habeas corpus from restraint under a judgment convicting him of a misdemeanor in selling beer without a license, in violation of section 1 of' ordinance No. 1093 of the city of Oakland, regulating the traffic in intoxicating liquors within the limits of that city.

No question is made as to the jurisdiction of the court, or the sufficiency of the complaint in charging an offense under the ordinance; nor is the judgment in any way attacked as void for any reason or defect appearing upon its face. The contention of petitioner upon which he bases his right to discharge is, in substance: That the acts proven against him to sustain the charge made did not constitute an offense within the meaning or intent of the ordinance; but that, if the ordinance must be construed so as to make the acts of petitioner an offense, then it is unreasonable, unjust, and oppressive,* and an improper restraint upon petitioner's constitutional right to pursue a lawful business. What purports to'be the evidence upon which petitioner was convicted is set forth in the petition, and we are asked by petitioner to look into this evidence and determine as to its legal…