RESCUE ARMY V. MUNICIPAL COURT
331 U.S. 549 (1947)
NATURE OF THE CASE: This was a dispute over the constitutional validity of ordinances of
the City of Los Angeles governing the solicitation of contributions for charity.
FACTS: Murdock was charged in the Municipal Court with violating three sections of the
Municipal Code. They prohibit solicitations in the specified public places or adjacent areas
'by means of any box or receptacle' except, under express written permission. The issue of
the Municipal Court's jurisdiction therefore, turns upon the validity of the ordinances
(44.09(a), 44.09(b) and 44.12), together with the other provisions necessarily incorporated
in them by reference. This suit was one for a writ of prohibition. The appeal is from the
California Supreme Court's judgment denying appellants' application for such a writ. The
writ was to test the jurisdiction of the respondent Municipal Court of Los Angeles to
proceed with a pending criminal prosecution against Murdock, who is an officer of the Rescue
Army. In that court he had been charged with violating three provisions of the city
ordinances, had been twice convicted, and twice the convictions had been reversed by the
Superior Court of Los Angeles County. While the case was pending in the Municipal Court
after the second reversal, appellants filed their petition in this cause in the District
Court of Appeal. Alleging that the Municipal Court was threatening to proceed with a third
trial on the same charges, they set forth grounds held sufficient under the state procedure
to present for adjudication the question of the Municipal Court's jurisdiction. The District
Court of Appeal denied the writ. Thereupon the state Supreme Court transferred the cause to
its own docket and issued an alternative writ of prohibition pending determination there.
The Supreme Court decided the issues on the merits against the appellants. It therefore
denied the writ, at the same time discharging the alternative writ. The ordinances were
sustained as against the constitutional and other objections raised concerning them.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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