yick wo hopkins argued decided may two cases argued one depend upon precisely state facts first coming upon writ error state california second appeal circuit district plaintiff error yick wo august petitioned california writ habeas corpus alleging illegally deprived personal liberty defendant sheriff city county san francisco sheriff made return writ held petitioner custody virtue sentence police judge city county san francisco whereby found guilty violation certain ordinances board supervisors county adjudged pay fine default payment imprisoned county jail rate one day dollar fine said fine satisfied commitment consequence said fine ordinances violation found guilty set follows order passed may prescribing kind buildings laundries may located people city county san francisco ordain follows shall unlawful passage order person persons establish maintain carry laundry within corporate limits city county san francisco without first obtained consent board supervisors except located building constructed either brick stone shall unlawful person erect build maintain cause erected built maintained upon roof building erected may hereafter erected within limits said city county scaffolding without first obtaining written permission board supervisors permit shall state fully purpose said scaffolding erected used scaffolding shall used purpose designated permit person shall violate provisions order shall deemed guilty misdemeanor upon conviction thereof shall punished fine one thousand dollars imprisonment county jail six months fine imprisonment order passed july following section shall unlawful passage order person persons establish maintain carry laundry within corporate limits city county san francisco without first obtained consent board supervisors except located building constructed either brick following facts also admitted record petitioner native china came california still subject emperor china engaged laundry business premises building years last past license board dated march appeared premises inspected board upon inspection said board found proper arrangements carrying business stoves washing drying apparatus appliances heating irons good condition use dangerous surrounding property fire proper precautions taken comply provisions order defining fire limits city county san francisco making regulations concerning erection use buildings said city county order kindling maintenance use open fires houses certificate health officer premises inspected found properly sufficiently drained proper arrangements carrying business laundry without injury sanitary condition neighborhood complied city license petitioner force expired october petitioner applied board supervisors june consent said board maintain carry laundry said board july refused said consent also admitted true alleged petition february laundries city county san francisco owned conducted subjects china whole number constructed wood material constitutes ninetenths houses city san francisco capital thus invested subjects china less two hundred thousand dollars paid annually rent license taxes gas water one hundred eighty thousand dollars alleged petition petitioner one hundred fifty countrymen arrested upon charge carrying business without special consent subjects china ar conducting eighty odd laundries similar conditions left unmolested free enjoy enhanced trade profits arising hurtful unfair discrimination business petitioners countrymen similarly situated greatly impaired many cases practically ruined system oppression one kind men favoritism others statement therein contained arrest admitted true qualification laundries referred wooden buildings without scaffolds roofs also admitted petitioner countrymen similarly situated petitioned board supervisors permission continue business various houses occupying using laundries twenty years petitions denied petitions chinese one exception mary meagles granted section article constitution california provided county city town township may make enforce within limits local police sanitary regulations conflict general laws section act april usually known act board supervisors empowered among things provide regulation prevention summary removal nuisances public health prevention contagious diseases prohibit erection wooden buildings within fixed limits streets shall established graded regulate sale storage use gunpowder explosive combustible materials substances make needful regulations protection fire make regulations concerning erection use buildings may necessary safety inhabitants california opinion pronouncing judgment case said board supervisors several statutes conferring authority upon power prohibit regulate occupations good morals contrary public order decency dangerous public safety certainly opposed good morals subversive public order decency conducted given localities may highly dangerous public safety fact supervisors made judges taken action premises find prohibited establishment laundries well might regulated places established character buildings maintained etc process washing prohibited thus regulating places surroundings must exercised order section order contravention common right unjust unequal partial oppressive sense authorizes us proceeding pronounce invalid answering position taken behalf petitioner ordinances question repealed adds deemed necessary discuss question light supposed infringement petitioner rights constitution reason think principles upon contention head based effect set rest cases barbier connolly sup soon hing crowley sup rep writ accordingly discharged prisoner remanded case appellant wo lee petitioned discharge alleged illegal imprisonment upon state facts shown upon record precisely similar case yick wo disposing application learned circuit judge sawyer opinion fed quoting ordinance question proceeded length follows territory ten miles wide fifteen miles long much still occupied mere farming pasturage lands much unoccupied sand banks many places without building within quarter half mile including isolated almost wholly unoccupied goat island right carry properly guarded harmless necessary occupation wooden building made depend upon prescribed conditions giving right anybody complying upon consent arbitrary board supervisors territory covered ordinance need prohibiting regulating laundries located portion farming regions state hitherto regulation laundries limited portions city unnecessary extension limits affected designed prevent establishment laundries compulsory removal present locations within practicable reach customers proprietors uncontradicted petition shows chinese applications fact denied caucasians granted thus fact making discriminations administration ordinance terms permit fact right give consent reserved ordinance shows carrying laundry business wooden buildings deemed necessarily dangerous must apparent every mind fire properly guarded laundry purposes wooden building necessary dangerous fire cooking purposes warming house ordinance consideration valid board supervisors pass valid ordinance preventing maintenance wooden building heating apparatus restaurant within boundaries city county san francisco without consent body arbitrarily given withheld prejudices motives may dictate competent board supervisors pass valid ordinance prohibiting inhabitants san francisco following ordinary proper necessary calling within limits city county except arbitrary unregulated discretion special consent ordinance valid seems us wide departure principles heretofore supposed guard protect rights property liberties american people ordinance general terms form like one question reserving arbitrary discretion enacting body grant deny permission engage proper necessary calling discrimination class made execution thereby evading effect nullifying provisions national constitution insertion provisions guard rights every class person instrument vain futile act effect execution ordinance manner indicated record seem necessarily close many chinese laundries existing compel owners pull present buildings reconstruct brick stone drive outside city county san francisco adjoining counties beyond convenient reach customers either results little short absolute confiscation large amount property shown long time invested occupations depriving parties property without due process law difficult say effect prohibited result necessary tendency specific purpose ordinance enforcing manner indicated record drive business numerous small laundries especially owned chinese give monopoly business large institutions established carried means large associated caucasian capital facts appearing face ordinance petition return admitted case shown notorious public municipal history times indicate purpose drive chinese laundrymen merely regulate business public safety disclose case violation provisions fourteenth amendment national constitution treaty china one particular means prohibition occupation destruction business property chinese laundrymen san francisco seems us must effect executing ordinance merely proper regulation business discrimination violation highly important rights secured fourteenth amendment treaty mean prohibition chinese seems us must apparent every citizen san francisco long enough familiar course active aggressive branch public opinion public notorious events blind must necessarily known every intelligent person state see ah kow nunan sawy sparrow strong wall brown piper deference decision california case yick wo contrary opinion thus expressed circuit judge discharged writ remanded prisoner smoot hall mcallister plaintiff error appellant sieberst hopkins sheriff etc matthews case petitioner brought writ error california jurisdiction limited question whether plaintiff error denied right violation constitution laws treaties question whether imprisonment illegal constitution laws state open us although question might sidered circuit application made appeal order yet judicial propriety best consulted accepting judgment state upon points involved inquiry however preclude putting upon ordinances supervisors county city san francisco independent construction determination question whether proceedings ordinances enforcement conflict constitution laws necessarily involves meaning ordinances purpose required ascertain adjudge consequently constrained outset differ california upon real meaning ordinances question considered ordinances vesting board supervisors unusual discretion granting withholding assent use wooden buildings laundries exercised reference circumstances case view protection public dangers fire able concur interpretation power conferred upon supervisors nothing ordinances points regulation business keeping conducting laundries seem intended confer actually confer discretion exercised upon consideration circumstances case naked arbitrary power give withhold consent places persons applicant consent every way competent qualified person complied every reasonable condition demanded public interest failing obtain requisite consent supervisors prosecution business apply redress judicial process mandamus require supervisors consider act upon case sufficient answer say law conferred upon authority withhold assent without reason without responsibility power given confided discretion legal sense term granted mere purely arbitrary acknowledges neither guidance restraint erroneous view ordinances question led california error holding justified decisions cases barbier connelly sup soon hing crowley sup cases ordinance involved simply prohibition carry washing ironing clothes public laundries wash houses within certain prescribed limits city county san francisco night morning following day provision held purely police regulation within competency municipality possessed ordinary powers belonging bodies necessary measure precaution city composed largely wooden buildings like san francisco application invidious discrimination one within prescribed limits persons engaged business treated alike subject restrictions entitled privileges similar conditions reasons ordinance adjudged within prohibitions fourteenth amendment constitution said first case cited intended arbitrary deprivation life liberty arbitrary spoliation property equal protection security given like circumstances enjoyment personal civil rights persons equally entitled pursue happiness acquire enjoy property like access courts country protection persons property prevention redress wrongs enforcement contracts impediment interposed pursuits one except applied pursuits others like circumstances greater burdens laid upon one laid upon others calling condition administration criminal justice different higher punishment imposed upon one prescribed like offenses class legislation discriminating favoring others prohibited legislation carrying public purpose limited application within sphere operation affects alike persons similarly situated within amendment ordinance drawn question present case different character prescribe rule conditions regulation use property laundry purposes similarly situated may conform allows without restriction use purposes buildings brick stone wooden buildings constituting nearly previous use divides owners occupiers two classes respect personal character qualifications business situation nature adaptation buildings merely arbitrary line one side permitted pursue industry mere consent supervisors consent withheld mere pleasure classes alike tenants supervisors means living ordinance therefore also differs unusual case discretion lodged law public officers bodies grant withhold licenses keep taverns places sale spirituous liquors like one conditions applicant shall fit person exercise privilege cases fact fitness submitted judgment officer calls exercise discretion judicial nature rights petitioners affected proceedings complain less aliens subjects emperor china third article treaty government china concluded november stipulated chinese laborers chinese class either permanently temporarily residing territory meet ill treatment hands sons government exert powers devise measures protection secure rights privileges immunities exemptions may enjoyed citizens subjects favored nation entitled treaty fourteenth amendment constitution confined protection citizens says shall state deprive person life liberty property without due process law deny person within jurisdiction equal protection laws provisions universal application persons within territorial jurisdiction without regard differences race color nationality equal protection laws pledge protection equal laws accordingly enacted section revised statutes persons within jurisdiction shall right every state territory make enforce contracts sue parties give evidence full equal benefit laws proceedings security persons property enjoyed white citizens shall subject like punishment pains penalties taxes licenses exactions every kind questions consider decide cases therefore treated involving rights every citizen equally strangers aliens invoke jurisdiction contended part petitioners ordinances violations severally sentenced imprisonment void face within prohibitions fourteenth amendment alternative void reason administration operating unequally punish present petitioners permitted others lawful without distinction circumstances unjust illegal discrimination claimed though made expressly ordinances made possible consider nature theory institutions government principles upon posed rest review history development constrained conclude mean leave room play action purely personal arbitrary power sovereignty course subject law author source law system sovereign powers delegated agencies government sovereignty remains people government exists acts law definition limitation power indeed quite true must always lodged somewhere person body authority final decision many cases mere administration responsibility purely political appeal lying except ultimate tribunal public judgment exercised either pressure opinion means suffrage fundamental rights life liberty pursuit happiness considered individual possessions secured maxims constitutional law monuments showing victorious progress race securing men blessings civilization reign equal laws famous language massachusetts bill rights government commonwealth government laws men idea one man may compelled hold life means living material right essential enjoyment life mere another seems intolerable country freedom prevails essence slavery many illustrations might given truth make manifest light system jurisprudence case political franchise voting one though regarded strictly natural right privilege merely conceded society according certain conditions nevertheless regarded fundamental political right preservative rights reference right declared judicial massachusetts capen foster pick words chief justice shaw cases constitution conferred political right privilege constitution particularly designated manner right exercised clearly within constitutional limits legislative power adopt reasonable uniform regulations regard time mode exercising right designed secure facilitate exercise right prompt orderly convenient manner nevertheless construction afford warrant exercise legislative power pretense color regulating subvert injuriously restrain right accordingly held generally whether particular provisions act legislation establishing means ascertaining qualifications entitled vote making previous registration lists condition precedent exercise right reasonable regulations accordingly valid void always open inquiry judicial question see daggett hudson decided ohio many cases collected monroe collins ohio principle freely extended quasi legislative acts inferior municipal bodies respect ancient jurisdiction judicial tribunals pronounce upon reasonableness consequent validity respect doctrine every must reasonable inconsistent charter corporation statute parliament general principles common law land particularly relation liberty subject rights private property dill mun ed cases cited notes accordingly case state cincinnati coke ohio ordinance city council purporting fix price charged gas authority law giving discretionary power held bad passed bad faith fixing unreasonable price fraudulent purpose pelling gas company submit unfair appraisement works similar question pertinent one present cases decided appeals maryland case city baltimore radecke md case defendant erected used prosecution business carpenter city baltimore permit mayor city council contained condition engine removed six months notice effect mayor notice refusal conform suit instituted recover penalty provided ordinance restrain prosecution bill equity filed holding opinion may case ordinance passed grants power like cited clearly unreasonable arbitrary oppressive partial raise presumption legislature never intended confer power pass justify courts interfering setting aside plain abuse authority proceeds speak regard ordinance question relation use follows profess prescribe regulations construction location use require precautions safeguards provided use best calculated render less dangerous life property restrain use box factories similar establishments within certain defined limits way attempt promote safety security without destroying usefulness commits unrestrained single public officer power notify every person employs prosecution business city baltimore cease providing compulsory fines every day disobedience notice order removal renders power use steam city practically absolute may prohibit use altogether choose act particular cases nothing ordinance guide control action lays rules impartial execution secured partiality oppression prevented clear giving enforcing notices may quite likely bring ruin business directed others withheld may actually benefited thus done neighbors remember action may proceed enmity prejudice partisan zeal animosity favoritism improper influences motives easy concealment difficult detected exposed becomes unnecessary suggest comment upon injustice capable wrought cover power becomes apparent every one gives subject moment consideration fact ordinance clothes single individual power hardly falls within domain law constrained pronounce inoperative void conclusion reasoning based deductions face ordinance necessary pendency ultimate actual operation present cases obliged reason probable actual pass upon validity ordinances complained tried merely opportunities terms afford unequal unjust discrimination administration cases present ordinances actual operation facts shown establish administration directed exclusively particular class persons warrant require conclusion whatever may intent ordinances adopted applied public authorities charged administration thus representing state mind unequal oppressive amount practical denial state equal protection laws secured petitioners persons broad benign provisions fourteenth amendment constitution though law fair face impartial appearance yet applied administered public authority evil eye unequal hand practically make unjust illegal discriminations persons similar circumstances material rights denial equal justice still within prohibition constitution principle interpretation sanctioned henderson mayor new york chy luny freeman ex parte virginia neal delaware soon hing crowley sup present cases shown facts disclosed record within class appears petitioners complied every requisite deemed law public officers charged administration necessary protection neighboring property fire precaution injury public health reason whatever except supervisors assigned permitted carry accustomed manner harmless useful occupation depend livelihood consent supervisors withheld others also petitioned happen chinese subjects others chinese subjects permitted carry business similar conditions fact discrimination admitted reason shown conclusion resisted reason exists except hostility race nationality petitioners belong eye law justified discrimination therefore illegal public administration enforces denial equal protection laws violation fourteenth amendment constitution imprisonment petitioners therefore illegal must discharged end judgment california case yick wo circuit district california case wo lee severally reversed cases remanded proper directions discharge petitioners custody imprisonment footnotes pac