Goytino

Appeal from a judgment denying an application for a writ of mandate.

The writ was asked to issue against the defendants, as the board of police commissioners of the city of Los Angeles, to compel them to issue to the plaintiff a permit authorizing the clerk and auditor of the city to issue to plaintiff a license to conduct a poolroom in that city, he having made an application therefor in accordance with the provisions of the ordinance of the city relating thereto.

The answer alleges, and the trial court found, that the application was considered in open session of the board and denied on the ground that the place named therein was located in a part of the city inhabited by a class of people which would render a poolroom, if established therein, a place of resort for disorderly and objectionable persons; and that a poolroom in said locality, being populated by cholos and other people of like or similar character, would, in the judgment of the board, tend to the disturbance of the public peace and to render the preservation of order in said locality difficult.

This same matter was before this court on an original application for a writ of mandate in civil case No. 326, a…