Matter of the Application of Barmore

SLOSS, J.

The petitioner is held in custody on a charge of violating an ordinance of the city of Los Angeles, and seeks his release by means of a writ of

habeas corpus.

The ordinance is one “regulating the business of soliciting custom or patronage upon the public streets, boats, railway trains and depots, and providing for the issuance of permits therefor.” The provision here in question is contained in section 9 of the ordinance, which, so far as it need be quoted, declares that-“it shall be unlawful for any person to solicit

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custom or patronage upon any boat, . . . or in any depot, ... for any hotel, ... or for the transportation of persons or baggage, goods, wares, or merchandise for hire; . . . ” The petitioner, E. H. Barmore, is the president of the líos Angeles Transfer Company, a corporation, which has a contract with the Southern Pacific Railroad Company, under which said transfer company and its agents are authorized to enter the cars and the depot of said railroad company to solicit custom and patronage. The complaint under which Barmore is held charges that he solicited custom and patronage for the transportation of persons and baggage, in the Southern Pacific depot in the city of Los Angeles.

The petitioner contends that section 9 of the ordinance is unreasonable and void, and this is the only question presented for decision. Under the direct grant of article XI, section 11, of the constitution, the city of Los Angeles has authority to “make and enforce within its limits all such local, police, sanitary, and other regulations as are not in conflict with general laws.” The nature, extent, and limitations of the police power have been so frequently and so exhaustively discussed by this court and others that a mere statement of a few well-settled principles will suffice. It is familiar law that under this power the legislative authority may restrict the use of property, or the conduct of business, to such extent as may reasonably be thought necessary to promote the public health, safety, or comfort. Arbitrary or oppressive restrictions, having no reasonable adaptations to these ends, will be condemned by the courts as in conflict with fundamental constitutional rights. But the legislative determination that a given regulation of the use of property or of the conduct of a business is necessary in the public interest will be given great weight in any judicial inquiry into the validity of the enactment, and the courts will not interfere with the discretion of the law-making body “except where the ease be plain that needless" oppression is worked and constitutional rights invaded.”