Ex parte Shen

The petitioner was convicted in the police court of the city and county of San Francisco of selling opium without a physician’s prescription under order No. 2085 of the board of supervisors, approved July 18, 1889. Section 1 of the ordinance provides that “It shall be unlawful for any apothecary .... or any person whatever to sell .... to any person in the city and county of San Francisco any opium .... except upon written prescription or written order of a practicing physician, as provided in this order, and- except upon the day of the date of said prescription or order.” Section 2 of the…