Matter of Application of Anixter

HENSHAW, J.

Petitioner was convicted in the recorder’s court of the town of Winters, county of Yolo, state of California, of violating the provisions of a penal ordinance of that town. Section one of the ordinance is as follows:

“It shall be, and is hereby made unlawful for any person, corporation, firm, company, association, or club, as principal, agent, employee, or otherwise, within the corporate limits of the said town of Winters, to solicit orders, take orders, or make agreements for the sale or delivery of any intoxicating liquors or liquor of any kind whatever, or in any quantity or quantities.’’

The complaint charged the offense in the language of this section.

The contentions of petitioner against the validity of this ordinance, as being in conflict with the provisions of the Wyllie Act (Stats. 1911, p. 599), are disposed of by the opinion and decision of this court in

Ex parte Ellsworth,

165 Cal. 677, [133 Pac. 272].

It is, of course, well settled that a state and its subordinate municipal agencies may pass laws, even laws penal in their character, regulating and indeed prohibiting the sale of intoxicating liquors, or the soliciting of orders, or the making of contracts for the sale of such liquors.

(Ex parte Christensen,

85 Cal. 203, [24 Pac. 747];

Mugler

v.

Kansas,

123

[764]

U. S. 623, [31 L. Ed. 205, 8 Sup. Ct. Rep. 273] ;

Delamater

v.

South Dakota,

205 U. S. 93, [10 Ann. Cas. 733, 51 L. Ed. 724, 27 Sup. Ct. Rep. 447]

; State