Richter

This action is for mandate against the treasurer of the city of San Jose to compel him to issue a quarterly license to maintain a saloon for the sale of intoxicating liquors on plaintiffs premises. Judgment passed for defendant and plaintiff appeals.

Plaintiff had been conducting the business of a saloon-keeper under a quarterly license issued by the city of San Jose. In December, 1907, the city passed an ordinance “establishing the limits within which retail and wholesale liquor licenses and transfers thereof will be granted.” This license ordinance fixed the district and streets within which and upon which such licenses could be issued and forbade the issuance of licenses without this territory and provided “that nothing herein contained shall prevent the renewal of any license to conduct a bar in any bona fide hotel at present existing within said limits.” This license ordinance by its terms was to take effect after the first day of July, 1908.

Plaintiff pleaded and the court found that on the fourteenth day of July, 1908, plaintiff procured from the treasurer of the city of San Jose a license to conduct a hotel upon the premises of plaintiff for the six months beginning July…