delivered the opinion of the Court.
Plaintiff in error, a regularly licensed pharmacist, was convicted of violating, September 8, 1921, an ordinance of Los Angeles construed to forbid the filling of a prescription which called for more than eight ounces of alcoholic liquor.
After sentence, under permitted practice, he challenged the validity of the ordinance by a habeas corpus proceeding commenced in the District Court of Appeal upon the ground that it “ is unconstitutional and void because it is in violation of the terms of the Eighteenth Amendment to the Constitution of the United States, and in violation of the terms of the National Prohibition Act,” c. 85, 41 Stat. 305.
Having declared, “the single question presented for decision is whether the ordinance, insofar as it relates to the filling of prescriptions by licensed pharmacists, is valid and enforceable since the adoption of the Eighteenth Amendment and the enactment of the National Prohibition Law, commonly known as the Volstead Act,” *256 the District Court of Appeal affirmed the validity of the ordinance and remanded plaintiff in error. Thereupon he sued out this writ of error. The assigment of errors alleges a conflict between the ordinance and the Fourteenth as well as the Eighteenth Amendment.
The petition for habeas corpus did not mention the Fourteenth Amendment. The opinion of the court below indicates it was there maintained that Congress by the Volstead Act granted some right or privilege which is protected by the Fourteenth Amendment and may not be abridged by State or municipality.
We do not stop to decide whether, considering plaintiff in error’s clear right through a new petition to secure from the Supreme Court of California an unembarrassed determination of the question presented below
(Matter of Zany,
We go no further than to consider the points definitely raised upon the record and dispose of the present writ.
Dismissed.