Ritz

This is an appeal from the judgment of the trial court denying the application of appellant for a writ of mandate against the defendant as treasurer of the city of San Jose.

It is conceded that the defendant was, at all the times set forth in the verified petition, the treasurer of the city of San Jose, and that it was his duty, by virtue of his said office as such treasurer, to issue licenses to all persons conducting a legal business within the corporate limits of said city, where such business is authorized under the ordinances of said city, and where persons conducting the same are required to take out a license for the purpose of conducting such business.

The petitioner, on and prior to the sixteenth day of December, 1907, had been engaged in the business of conducting and maintaining a saloon and bar upon his premises within the corporate limits of said city, and continued in such business until the first day of July, 1908, when the defendant as treasurer refused to issue to him any further license or permit him to carry on the said saloon and bar. The defendant based his refusal upon an ordinance, duly passed by the mayor and common council of the city of San Jose, on the…