Wiley Blount Rutledge

“ Article 4, however, comprehends numerous interrelated sections and subdivisions. They provide a broad and general, though also highly detailed and integrated, plan for regulating solicitations in Los Angeles. The sections here in question are integral parts of that plan.
It is designed primarily, though not exclusively, to secure a maximum of information and publicity for the public. It seeks to make available to all persons solicited detailed information concerning the persons soliciting, the causes or organizations on behalf of which they act, and the uses to which the donations will be put. ”

“ On the merits this appeal presents substantial questions concerning the constitutional validity of ordinances of the City of Los Angeles governing the solicitation of contributions for charity. First and Fourteenth Amendment grounds are urged as nullifying them chiefly in the view that they impose prior restraints upon and unduly abridge appellants' rights in the free exrcise of t heir religion. Those rights, as claimed, are to engage in soliciting donations for charity as a part of their religion free from the ordinances' restrictions. ”

“ Much the same thing may be said for the state procedure in prohibition as it has been followed in this case. Indeed, in all but name the two procedures are substantially identical, for the purposes of our jurisdiction and function in review. Here relief is neiter sought nor needed beyond adjudication of the jurisdictional issue. The suit seeks only, in substance, a judicial declaration that jurisdiction does not exist in the Municipal Court. ”

“ This in turn forces reference to § 44.05, which specifies the conditions for securing the card. And fulfillment of those conditions may compel resort to still other provisions. The same process must be gone through with respect to § 44.09 (b) . For while that section differs verbally from § 44.12 in that it specifically requires only the filing of the notice of intention, not issuance or exhibition of the information card, not only is the procedure for filing the notice highly detailed and largely set forth in other sections. ”

“ And for the purposes of our jurisdiction under § 237 (a) of the Judicial Code, a distinction would seem to be wholly verbal between such an inquiry and its disposition made under the state procedure of habeas corpus and a similar one made in a state proceeding for a writ of prohibition. [28] Those procedures, of course, have their historic differences, both in availability and in specific function, at the common law. ”

“ A fee of four cents per card is charged, when issued, unless more than twenty-five are issued at one time for the same solicitation. In that event the fee becomes one cent per card.
The foregoing regulations apply, on the face of the ordinance, to charitable solicitations as requirements in the nature of conditions precedent, compliance with which is necessary before solicitation may be lawfully made. There are also other requirements which become applicable during and after the act of solicitation. ”

“ Section 44.19 thus apparently is effective to create two classes of solicitors, namely, registered and unregistered, as well as the distinction between promoters and solicitors; and establishes special and more burdensome conditions for lawful solicitation by registered solicitors, as well as by promoters, than are created for solicitors not required to be registered. ”

“ Indeed compliance with such requirements as those relating to filing the notice of intention under § 44.05 and procuring the information card under § 44.03 for use by persons acting for the charity forces organizational conformity as much as individual. And by departmental regulation, apparently, fifty per cent of all contributions received must be applied to the charitable purpose rather than to expenses of collection or promotion.↑ The subsection is one of the few not referring to other provisions of the article or the code. ”

“ The Gospel Army case we have dismissed for the technical, nevertheless important, reason that under California law the state Supreme Court's reversal, without more, contemplates further proceedings in the trial court. Consequently that judgment is not final for the purposes of our jurisdiction on appeal, within the meaning of § 237 (a) of the Judicial Code, 28 U.S.C. § 344 (a) , 28 U.S.C.A. § 344 (a) . ”

“ Machinery for executing the scheme is created through the establishment of a Department of Social Service and a Board of Social Service Commissioners, each with specified administrative powers. [10] Comprehensive and detailed definitions of activities affected and correlative prohibitions are prescribed, together with various provisions for exemption. Violation of the prohibitions, which generally require compliance with one or more other regulations, is made punishable by criminal sanctions. ”

“ Thereupon the writ of prohibition was sought to restrain the enforcement of the order, and of the Act, which was attacked under the Fourteenth Amendment on due process and equal protection grounds. The writ was denied, as was hearing by the California Supreme Court. Upon appeal here this Court sustained its jurisdiction and determined the constitutional issues presented upon the face of the statute, [26] affecting the Superior Court's jurisdiction, adversely to the appellants' contentions. ”

“ But tender of the receipt is not required if the donation is made, in money, by placing it in a locked receptacle previously approved by the board.↑ The regulations governing promoters require a license from the Board distinct from or additional to the information card which solicitors must secure, § 44.19 (1) ; the payment of an $25.00 license fee, § 44.19 (4) ; the filing of a bond in the sum of $2000 conditioned as specified in § 44.19 (3) ”

“ Because the application of the policy must be relative to the factors specifically dictating such action, a statement of our particular reasons follows.
In the first place, the constitutional issues come to us in highly abstract form. Although raised technically in the separate proceeding in prohibition, they arise substantially as upon demurrer to the charges against Murdock in the criminal proceeding. ”

“ Nevertheless, the court dealt in its opinion with the provisions governing solicitors as well as promoters, thus indicating apparently that in its view the difference was other than that solicitors are voluntary workers and promoters are paid. ”

“ Article 4, moreover, classifies persons soliciting into three groups, two of which are primary, namely, 'promoters' and 'solicitors.' 'Solicitors,' as will appear, are subdivided into two classes. The regulations bearing upon promoters are more onerous than those touching solicitors and are contained in § 44.19, which itself includes numerous subdivisions. ”

“ They are moreover substantial. As we have shown, the requirements of Article 4 concerning lawful solicitation are many and varied. Presumably, though by no means certainly, the special ones of § 44.19, relating to promoters and registered solicitors, would not become applicable under a general charge made pursuant to § 44.09 (b) . ”

“ I thereof, said Murdock solicited contributions, and in Court (sic) II thereof, that said Murdock had no permit or Information Card, and failed to show the same to a person solicited by said Murdock. * * *'↑ See note 3 supra.↑ See note 5 supra.↑ That is, independently of the entire scheme considered as a valid plan of regulation in all its parts, as the California court substantially considered it in the Gospel Army case. ”

“ Berea College v. Commonwealth of Kentucky, 211 U.S. 45, 53, 29 S.Ct. 33 (34) , 53 L.Ed. 81.' 297 U.S. at page 347, 56 S.Ct. at page 483, 80 L.Ed. 688.↑ 'If there is one doctrine more deeply rooted than any other in the process of constitutional adjudication, it is that we ought not to pass on questions of constitutionality * * * unless such adjudication is unavoidable.' Spector Motor Service v. ”

“ In re Johnson, 167 Cal. 142, 145, 138 P. 740.↑ See note 5 supra and § 44.12 as quoted above in the text, Part I.↑ See text supra Part II.↑ The receipt requirement apparently is not applicable to solicitations by receptacle under §§ 44.09 (a) and (b) . See note 17 supra.↑ The last quoted matter was followed by the statement: 'The association for whom the solicitation is made must maintain an accounting system recording the entry of all donations and disbursements. ”