Ex Parte Overby

This is an original proceeding in habeas corpus. Petitioner alleges that he is unlawfully restrained of his liberty in the city jail of Oklahoma City by the chief of police; that petitioner was arrested charged with a violation of a city ordinance in the operating, and being in the control, of the operation of a slot machine in a public place. Petitioner alleges that said ordinance is unconstitutional, and its enactment not within the valid exercise of the police power. The chief of police has filed his response, admitting the restraint of petitioner upon a complaint charging a violation of a…