Newbert

This is a petition for a writ of mandate to be directed to the respondents in their capacity as the Fish and Game Commission of the State of California, commanding them to make “a determination and order determining that the capacity of the packing plant of petitioner for canning sardines is 18,000 tons per month, and allowing petitioner 4500 tons of sardines per month to be used in its reduction plant, being twenty-five per cent of the said capacity of the packing plant of petitioner, without condition or qualification.”

From the petition it appears that for several years last past petitioner has been actually engaged in the business of packing sardines; that at the time of filing the petition herein petitioner had installed in its packing plant thirty can-closing machines for one-pound oval cans of sardines and other equipment necessary for canning sardines to the capacity of said closing machines; that some time prior to the filing of the petition herein, to wit, on the twenty-ninth day of August, 1925, petitioner filed with respondents as members of the Fish and Game Commission of the State of California an application under the provisions of subdivision (a) of section 5 of…