Matter of Application of Throop

SULLIVAN, C. J.

The petitioner was taken into custody by virtue of process issued out of the recorder’s court of the city of South Pasadena for alleged violation of ordinance oE that city number 264, adopted in 1908, and certain ordinances amendatory thereof. He seeks discharge on the ground, among others, that the ordinances which he is

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charged with violating are unreasonable and void. The ordinance divides the city into three districts, numbered 1, 2, and 3. The entire area of South Pasadena comprises approximately two thousand two hundred acres of land. District No. 1 contains 25.25 acres; district No. 2 contains 11.65 acres, and in district No. 3 there are 2163 acres. District No. 1 embraces the retail business section; district No. 2, known as the “Industrial District,” is situate in a populous part of the city. As stated in the petition for the writ, it is “densely surrounded by residences and other buildings on all sides for a distance of many blocks in every direction, and is itself very largely built up.” District No. 3 is known as the “Residence District,” and, as stipulated in this proceeding by the respective parties, “the greater part of the district is sparsely settled, one area containing 500 acres being unimproved, undeveloped and practically uninhabited.”

Section 51b of the ordinance, as amended, reads as follows:

“It shall be unlawful and is hereby declared to be unlawful for any person, persons, firm or corporation to erect or cause to be erected, maintain or cause to be maintained, occupy or cause to be occupied any factory, warehouse, storehouse, blacksmith shop or horse shoeing shop, livery stable, lumber yard, planing mill, coal yard, hay and feed yard, machine shop, bottling works, brick yard, canning works, carpet cleaning works, railroad shop, power house, feed or flour mill, feed or sales stables, foundry, packing house, ice factory, laundry, oil tank, piano or organ factory, pattern works,

stone crusher,

rolling mill, fire works factory, gas works, moving picture development works, moving picture photographic works or camp, or a place where persons congregate or assemble for the purpose of making and producing moving picture views and scenes, or any manufacturing establishment, or any storage or warehouse business of any kind or character in district No. 3 of said general fire limits.”