Reed

Plaintiffs obtained judgment in the court below, granting a peremptory writ of mandate to compel the defendants, as members of and constituting the board of supervisors of Mariposa county, to issue to said plaintiffs a license to traffic within the limits of said county in the retail liquor business.

The defendants appeal from the judgment, upon the judgment-roll alone.

The plaintiffs made application for said license in accordance with the provisions of an ordinance, adopted by said board of supervisors on the fourth day of January, 1900, and designated and known as “Ordinance No. 73.” This ordinance is set out in full in the complaint. The part of the ordinance which is important to the consideration of the question submitted here for adjudication provides that it shall be unlawful for any person or persons to “open, establish or conduct, or caused to be opened, established or conducted, any barroom or public saloon . . . where wines, spirit- nous or malt liquors are sold by .the glass, bottle or otherwise, in less quantities than one quart, within the limits of the county of Mariposa, without first obtaining permission from the Board of Supervisors, and filing a bond as…