Friedlander

This is a proceeding commenced in the superior court asking a review of the action of the Corporation Commissioner in denying plaintiff’s application for a permit to issue securities within the state of California. The court below issued its order directing that the proceedings be brought before it for review, and, after a hearing, the said court made and entered its judgment dismissing the writ of review and affirming the action of defendant Corporation Commissioner. Plaintiff prosecutes the appeal. The record before the court below and the record before us consists of the petition for review, the application' for a permit and the order of the Corporation Commissioner denying the said application and refusing the permit sought. The proceeding is novel. The petitioner contends at the outset that it does not issue, nor does it intend to issue, securities within the meaning of the Corporate Securities Act. That, although its business does not fall within the scope of the Corporate Securities Act, plaintiff filed an application for a permit to issue securities. If this is true, then .the Corporation Commissioner was not authorized to issue the permit sought. The plaintiff argues in…