Rescue Army v. Municipal Court

SCHAUER, J.

I concur in the conclusion reached by Mr. Justice Carter and in the discussion supporting his conclusion insofar as it relates to the constitutionality of the ordinance involved herein.

EDMONDS, J.

For the reasons stated by me in the Gospel Army case [27 Cal.2d 232, 276 (163 P.2d 7b4)] I am of the opinion that section 44.09 of the Los Angeles ordinance, as well as the provisions which were considered in the prior proceeding, are unconstitutional. Accordingly, I join in the conclusion that the writ of prohibition should issue.

Petitioners ’ application for a rehearing was denied July 24, 1946. Edmonds, J., Carter, J., and Schauer, J., voted for a rehearing.