Buczkowski

Buczkowski v. Davis

Good Law
32 F.2d 891·1929 U.S. App. LEXIS 3907
United States Court of Appeals for the Ninth CircuitMay 20, 1929No. 5759California717 words

Opinion

Lead Opinion

Dietrich, J.

By this proceeding in habeas corpus appellant seeks to be discharged from the custody of the chief of police of Los Angeles city. He was convicted in the municipal court of that city, and in the superior court of the county his conviction was affirmed, for the violation of an ordinance requiring solicitors for the sale of merchandise on the installment plan first to obtain a permit from the board of police commissioners. Without obtaining such permit he prosecuted the business of securing orders for enlarging photographs, including the painting work to be done on the same and frames for the finished product. He does not question the validity of the ordinance in so far as it is applicable to intrastate business', but contended, and contends, only that be is not amenable to it for the reason that his business is of a purely interstate character. Real Silk Mills v. Portland, 268 U. S. 325 , 45 S. Ct. 525 , 69 L. Ed. 982 . The appellee conceded and concedes that the ordinance is inoperative as to interstate commerce, and manifestly, therefore, the issue in the state courts was largely one of fact clearly within their jurisdiction to determine. Whether or not the burden was upon…

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