In Re Montgomery

[458]

MELVIN, J.

A writ of

habeas corpus

was issued from this court directed to the chief of police of the city of Los Angeles, by whom petitioner was imprisoned by virtue of a warrant issued out of the police court, of that city. Petitioner was charged with misdemeanor in that he did “erect, establish, maintain and carry on a lumber-yard at No. 132 West Avenue 61 within the residence district of said city” of Los Angeles. The sole question presented therefore is the sufficiency .of ordinance No. 22,798 (New Series) of the city of Los Angeles in its application to petitioner. The contention is, 1. That the ordinance is in excess of the legislative powers of the mayor and city council of the city of Los Angeles under the charter of said city; and 2. That it is in violation of private rights secured by the constitution of the United States and the constitution of the state of California.

The ordinance in question was adopted instead of, and by its terms repealed, ordinance No. 19,563 (New Series). Like that ordinance it declared all of the city except certain enumerated industrial districts, to be a residence district and prohibited the conduct of certain sorts of business therein. Section 2 of the later ordinance differs in no material particular from the identically numbered section of its predecessor. By that section it is declared unlawful for any person, firm, or corporation to “erect, establish, maintain or carry on within the residence district described in said section 1” of said ordinance “. . . any stone-crusher, rolling-mill, machine-shop, planing-mill, carpet-beating establishment, hay-barn, woodyard, lumber-yard, public laundry, or wash-house.” In

Ex parte Quong Wo,

161 Cal. 220, [118 Pac. 714], we had occasion to examine ordinance No. 19,563 (New Series) and to determine that it was a legitimate and constitutional exercise of the police power. What was there said applies with equal force to the portion of the later ordinance now before us, and that case disposes of this petitioner’s second objection regarding the constitutionality of said municipal by-law. Petitioner affirms that the ordinance is discriminatory by reason of the placing of a “business center” within the lines of the “residence district.” Upon this point the evidence is conflicting. It is shown that.certain wooden buildings near petitioner’s lumber yard are occupied for business purposes, but the return seeks to show by affidavit and by photographic