Ex Parte Meyers

THE COURT.

Petition for writ of

habeas corpus.

Petitioner is the proprietor of a billiard and pool room in the city of Los Angeles, and was arrested by the chief of police of that city upon a charge of violating section 2 of ordinance 9671, entitled, an “Ordinance prohibiting minors from visiting gambling-houses, public billiard and pool rooms, houses of ill-fame, or retail liquor establishments.” As disclosed by the petition, the complaint, upon which the warrant of arrest was based, charges the applicant with suffering and permitting K. C. Oliver, a person of the age of twenty years (under the age of twenty-one years) to be in, remain in, enter and visit the billiard and pool room conducted by him.

The petition sets out that K. C. Oliver was a law clerk in the office of H. C. Millsap, an attorney at law. That said Millsap desired the petitioner to sign a document which had been prepared for his signature and sent Oliver as a messenger to take the paper to Meyers, and that the latter suffered and permitted Oliver to remain in his said place of business while he read and signed the said document.

The ordinance is claimed to be illegal and void because (1) in conflict with the provisions of sections 273f and 397b of the Penal Code, and (2) that it is unconstitutional so far as it attempts to prohibit a minor under the age of twenty-one from visiting a billiard or pool room.

An examination of the ordinance and sections of the code cited discloses that the last-named section of the code (397b) relates to the selling of liquor to minors under the age of eighteen years and permitting them to

visit

saloons or public houses

where liquors are sold;

hence, does not in any manner affect the question of frequenting billiard-rooms. Section 273f is directed at employers or parents

sending

minors under the age of eighteen years to saloons, gambling-houses,

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