Ex parte Buczkowski

Petitioner seeks to be discharged from the custody of the chief of police of Los Angeles city. He was convicted of a misdemeanor under an ordinance of said city, which' requires solicitors for the sale of merchandise upon the installment or deferred payment plan, before engaging in such business, to obtain a permit from the board of police commissioners. He was tried in the municipal court of the city, and his conviction was affirmed on appeal to the superior court of the county.

Petitioner contends that his conviction is illegal because he was engaged in soliciting business which was a part of interstate commerce, and that the ordinance, as to him, was in conflict with the commerce clause of the United States Constitution. The case of Real Silk Mills v. Portland, 268 U. S. 325 , 45 S. Ct. 525 , 69 L. Ed. 982 , is cited as an authority applicable to the facts. Respondent at the hearing offered in evidence a duly authenticated transcript of the testimony heard in the municipal court, to which petitioner objected. The objection was overruled. Petitioner was then allowed, over the objection of respondent, to introduce several witnesses for-the purpose, as asserted by him, of showing…