Witt

This is an original proceeding in mandamus.

The petitioners seek an order of this court compelling the Board of Health and Milk Inspection Service of the City and County of San Francisco to issue to them a permit to distribute and sell in San Francisco milk produced, pasteurized, and bottled in Colma, San Mateo County, California.

The facts are not in dispute and are briefly these: Petitioners are dealers in milk, which they produce, pasteurize and bottle at Colma, San Mateo County, California. They have applied for a permit to sell “Grade A Pasteurized Market Milk” in the city and county of San Francisco, which has been refused by the Department of Health on the ground that San Francisco ordinance No. 7025 (N. S.) requires such milk to he pasteurized within the city and county of San Francisco. The real and personal property used at Colma by petitioners in the conduct of their dairy business has a value in excess of $100,000, and includes dairy cows, a pasteurizing plant, cow barns, milking barns, etc. They produce and pasteurize not less than eight hundred gallons of “Grade A Pasteurized Market Milk” per day.

The Pure Milk Law of California (Stats. 1927, p. 1944), establishes…