Laurelle

The plaintiff in the above-entitled proceeding petitioned the superior court for a writ of mandate, requiring and compelling the defendant, as the tax collector and ex officio license collector of the city and county of San Francisco, to issue to plaintiff a license to engage in the moving picture business. The petition for the writ in the main alleged that on the third day of March, 1911, the plaintiff tendered to defendant, in his official capacity as tax and license collector, the sum of $25, the amount fixed by ordinance as a license fee for opening and operating a moving picture exhibition. Thereupon plaintiff demanded of defendant a license to carry on said business at the premises known and designated as number 452 Castro street in said city and county. It was further alleged in the paintiff’s petition that said premises were not within a distance of two hundred feet from the front line of any church or school, or within one hundred feet of the property line of the sides or rear of any church or school; that the defendant refused to issue said license, and that by reason thereof plaintiff is prohibited from engaging in a lawful and useful business.

The plaintiff in his…