Ex parte Stephen

Petitioner, convicted in the superior court of the county of Orange, of a misdemeanor in carrying on a saloon and selling liquor without procuring a license therefor, as required by ordinance No. 35 of the board of supervisors of said county, asks to be discharged on habeas corpus, on the ground principally that the ordinance is void for various alleged reasons.

Several of the grounds of invalidity assigned may be passed over without further notice than to say that they relate to special features of the ordinance not here involved, and upon the sufficiency of which the validity of the particular provision under which petitioner was prosecuted and convicted in no way depends. One or more features of an ordinance may be void, and yet those parts not subject to the vice, and which are not dependent upon the provisions which are, will stand unaffected. (Ex parte Mansfield, 106 Cal. 405 ; Ex parte Haskell, 112 Cal. 412 .)

We shall, therefore, confine ourselves to a consideration of those objections only, which affect either the ordinance as a whole or section 1 thereof—for a violation of which petitioner is held — and certain objections made to the sufficiency of the judgment.

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