This section contains the nature of the case and procedural background.

P has alleged the following: Ds, comprising the said board of health, adopted and passed a resolution authorizing, directing, and requiring the inoculation of all the Chinese residents of said city and county with the said Haffkine Prophylactic; that the requirements of said resolution are now being enforced by Ds, and the said Chinese residents are being restrained and imprisoned within the territorial limits of said city and county unless they submit to said inoculation. It is alleged that the Haffkine Prophylactic is a poisonous substance, made and compounded from living bacteria of the bubonic plague; that it is administered to human beings by hypodermic injection into the tissues of the body, and when so injected produces a severe reaction, and causes great pain and distress generally, a sudden and great rise of temperature, and great depression, which sometimes continues, increasing in severity, until it causes death; that the sole and only purpose for which such inoculation is claimed to be effective or useful is to prevent persons from contracting the bubonic plague if exposed thereto after having been so inoculated. P also alleged that there is not now, and never has been, any case of bubonic plague in the city and county, or in the state of California. P avers that he has never had or contracted the bubonic plague, and has never been exposed to the danger of contracting it, and complains that the action of Ds in confining and imprisoning the Chinese residents is a wrongful and oppressive interference with their personal liberty and their right to the pursuit of their lawful business. P claims the resolution adopted by Ds is wholly invalid, void, and contrary to the constitution and laws of the United States and of the laws of the state of California; that said resolution and order are not enforced against other residents of said city and county than those of the Mongolian race, and its enforcement deprives the said Chinese residents of said city and county of the equal protection of the laws, and of their rights and liberties under the constitution of the United States, and the laws and treaties passed and adopted pursuant thereto. P seeks an injunction to be granted restraining Ds from enforcement. The court issued an order to Ds to show cause why an injunction should not be issued, restraining Ds from committing the acts and carrying into execution the threats set forth in the bill of complaint.

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