Young

Young v. State Athletic Commission

Good Law
111 Cal. App. 33·1931 Cal. App. LEXIS 1072·295 P. 61
Court of Appeal of CaliforniaJanuary 6, 1931Docket No. 7568.California1,186 words

Opinion

Lead Opinion

Houser, J.

Section 3 of the State Athletic Act (Stats. 1925, pp. lxxxix, xc), includes the provision that the Commission created by such act be given “discretion” to issue licenses to conduct wrestling contests “to any club, corporation, organization or association which holds a lease of a term of at least one year of the premises” in which such contests are proposed to be held. Other rules governing the issuance of a license for the exhibition of athletic contests are either directly provided for by the statute, or, under the powers granted to the Commission, are prescribed by such Commission.

Acting under assumed compliance with the provisions of the statute, as well as with such regulations as theretofore had been adopted by the Commission, the appellant in this proceeding presented his application to said Commission for a license by which he would be given the privilege of conducting wrestling bouts at the “Shrine Auditorium” in the city of Los Angeles. The application was denied.' Thereupon, through the medium of a writ of mandate issued by the superior court, he sought to compel the Commission to issue to him such license. On return of the alternative writ and on hearing of the order…

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