People ex rel. Hall v. Supervisors of San Francisco
California Supreme Court
Appeal from the Fourth Judicial District. Application for mandamus to compel the Board of Supervisors of the City and County of San Francisco to issue a license to the relator to keep an intelligence office in San Francisco. The first section of the “ Act to authorize the Board of Supervisors of the City and County of San Francisco to regulate and license Intelligence Offices in said City and County,” approved May 17th, 1861, is as follows.
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Appeal from the Fourth Judicial District. Application for mandamus to compel the Board of Supervisors of the City and County of San Francisco to issue a license to the relator to keep an intelligence office in San Francisco. The first section of the “ Act to authorize the Board of Supervisors of the City and County of San Francisco to regulate and license Intelligence Offices in said City and County,” approved May 17th, 1861, is as follows. “ Sec. 1. The Board of Supervisors of the City and County of San Francisco are hereby authorized to direct the Auditor of said city and county to issue…
1Opinion of the CourtNorton, J.
The question whether the first section of the law of 1861, authorizing the Board of Supervisors of San Francisco County to license intelligence offices is unconstitutional, cannot be raised by the appellant in this proceeding. That section clearly does not require the Board of Supervisors to order a license to issue to any other person than such as they deem properly qualified to keep an intelligence office. If the discretion given by this section to withhold a license from any particular person who may apply for one is an unconstitutional limitation upon the right of the citizen to follow a…
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