In Re Campbell

California Court of Appeal Oct 31, 1923 No. Crim. No. 736.Published

Before: Hart

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Holding. The court held that section 4 of the Eureka city ordinance is unconstitutional and void because it improperly penalizes the possession or distribution of literature based solely on its association with a specific organization, without requiring proof of criminal intent or unlawful purpose.

Issues

Whether section 4 of Ordinance No. 813 of the City of Eureka represents a valid exercise of legislative power.
Whether the ordinance violates the constitutional guarantee of freedom of speech and constitutes discriminatory legislation.

Disposition. granted

Quotations verified verbatim against the opinion

“There can be no doubt that the section in question is violative of section 9 of article I of the constitution, guaranteeing to every citizen the right freely to speak, write, and publish his sentiments on all subjects.”

HART, J.

Petitioners, claiming that they are illegally restrained of their liberty by the sheriff of Humboldt County, ask this court for an order discharging them from such restraint through the writ of

habeas corpus.

The return of the sheriff discloses that his authority for holding and restraining the petitioners is derived from an order, made by the police judge in and for the city oif Eureka, Humboldt County, committing the petitioners to his custody pending their trial for the alleged violation of the provisions of section 4 of Ordinance No. 813 of said city, or until a bail bond in the sum of five hundred dollars each was furnished and duly filed by them.

The question presented here is whether section 4 of the ordinance, under which the petitioners are being held, represents the exercise of valid legislative power. So much of said section as is pertinent to the present consideration reads as follows:

“It shall be unlawful for any person within the City of Eureka to print, publish, edit, issue, distribute, circulate, sell or offer for sale or give away, or to have in his or her possession, any membership card in, or any book, paper, pamphlet, document, handbill, poster, or any written or printed matter in any form whatever, containing or carrying any written or printed matter advocating, advising, teaching, containing or claiming to contain, set forth, explain or narrate the

[302]

doctrines, precepts, principles, teachings, dogma, songs or sentiments, work, acts or activities of the organization, body or group of individuals known as the Industrial Workers of the World, or the I. W. W., or any branch, subdivision, section or local organization affiliated with or a part of or in any way connected with said Industrial Workers, or the I. W. W., by whatever name the same may be known or called.”

Section 8 of the ordinance makes the violation of any of its provisions a misdemeanor and the offender subject to a fine of five hundred dollars, or to imprisonment for not exceeding six months, or to both such fine and imprisonment.

The complaint filed against the petitioners in the police court and upon which they are being held in the custody of, the sheriff is substantially in the language of section 4 of said ordinance.

In Re Campbell

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HART, J.

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