Davis

This is an action for a writ of mandate commanding the defendants to issue to plaintiff a license to conduct a retail liquor saloon business in the town of Le Grand, Merced County, pursuant to ordinance No. 107, duly made and passed by defendants. The writ was denied and plaintiff appeals from the judgment.

Section 25 of ordinance 107 is as follows:

Plaintiff filed his application with said board pursuant to said ordinance, which later came on duly to be heard and was heard. Prior to the hearing there was filed with said board and at said hearing was considered the protest in writing of a majority of the whole number of electors residing in the election precinct within one mile of the proposed place of business of plaintiff. The board of supervisors made an order, which, after certain recitals, reads as follows: “It appearing that a majority of the electors residing within one mile of the proposed place of business have signed the petition objecting to the granting of a license, it is unanimously ordered that the application of M. Davis (petitioner) be and the same is hereby denied.”

The following stipulation was entered into at the trial:

Appellant makes but two points:…