Ex parte Westerfield

Myrick, J.:

The petitioner is in the custody of the Chief of Police of the City and County of San Francisco, under a warrant charging a misdemeanor under an act entitled “An Act to regulate and provide for a day of rest in certain cases,” approved April IGtli, 1880. (Stat. 1880, p. 80.)

The act provides that “ it shall be unlawful for any person engaged in the business of baking to engage, or pérmit others in his employ to engage, in the labor of baking, for the purpose of sale, between the hours of 6 o’clock p. Sr. on Saturday and 6 o’clock P. M. on Sunday, except in the setting of sponge…