In re Irish

The opinion of the court was delivered by

Marshall, J.:

Petitioner, by habeas corpus, seeks to be released from the custody of F, A. Ernst, city marshal of the city of Holton, who is holding petitioner under a commitment issued by the police judge of the city on a judgment convicting the petitioner of violating an ordinance which provides a license fee of $150 per year to be paid by each person, firm or corporation, not a resident of the city, who sells any bread or bakery products to any person, firm or corporation in the city, and which ordinance prescribes a penalty of not less than five…