In Re E.L. McCapes

Petitioner was charged with and con victed of a violation of subdivision 3 of section 384 of the Penal Code. That section declares it to be a misdemeanor if any person shall willfully or negligently build “a fire on his own land for the purpose of burning brush, stumps, logs, rubbish, fallen timber, fallows, grass or any other thing whatsoever, . . . provided, that any state or district fire warden may in his reasonable discretion give a written permit to any person desiring to build fires,” etc. He earnestly contends, that the section under which" he is charged is unreasonable and…