Henry

Respondent in the trial court secured a judgment of mandate against Barton and others, trustees of the city of San Bernardino, requiring them, as such trustees, to issue to him a retail liquor license. This is an appeal prosecuted from such judgment. It is provided by ordinance of that city that “ for every saloon, bar, or place where spirituous, vinous, etc., liquors are sold or given away in less quantities than one quart, a license tax of fifty dollars a month is imposed.” It is further provided that any person desirous of engaging in such business must make written application to the board of trustees for a license therefor, and such application must be accompanied with a bond with two sureties in the sum of two thousand dollars, conditioned that the applicant shall keep a quiet and orderly house, etc. The application contemplated by the ordinance was made, accompanied by a good and sufficient bond. This is conceded by the trustees, but they denied the application, upon the ground “ that in the exercise of their best judgment and discretion in *536 said matter, and under and in pursuance of an honest belief on the part of the members of said board that the welfare and good…