Keck

A verified complaint having been filed with the Division of Motor Vehicles, department of public works, charging the petitioner herein with having driven an automobile in a careless and reckless manner, and with being an habitual reckless driver, his license was suspended after a hearing thereon. He thereafter applied to the superior court for a trial and determination of the question as to his right to a license, to which application a demurrer was sustained without leave to amend. He now petitions for a writ of mandamus requiring the overruling of the demurrer and requiring said court to set the cause for trial.

The grounds of the application to the superior court were that the chief of the Division of Motor Vehicles acted in excess of his authority in suspending petitioner’s license, that the evidence was not sufficient to warrant such action, and that petitioner was thereby deprived of his “free exer^ cise and enjoyment of his liberty and property”. The California Vehicle Act is attacked as being unconstitutional in that it attempts to confer upon executive officers excessive judicial authority. It is provided by section 73 thereof that certain specified officers, upon…