Brecheen

This is an application for the issuance of a writ of review. The petition alleges that at all the times in it mentioned petitioner was a licensed real estate broker, doing business in the county of Alameda, -this state; that he was duly served with a complaint filed in a proceeding before the real estate commissioner of the state of California asking the revocation of his license theretofore issued to him as such broker pursuant to the provisions of an act commonly known as the “Real Estate Act” (Stats. 1919, p. 1252); that petitioner answered such complaint denying in effect the allegations thereof; that a hearing was had before the commissioner, at which the petitioner was represented by his attorneys; that, preliminary to such hearing, petitioner objected to proceeding with the same on the ground “that the main question involved . . . was the determination of a judicial fact as to whether or not . . . petitioner was guilty of the commission of acts involving embezzlement, false representations and gross moral turpitude,” which the commissioner had no right to determine because not legally vested with judicial powers, which objection the commissioner overruled, and proceeded…