#### The People of the State of Illinois ex rel. John J. Lynch and A. Cochrane (Petitioners), Appellee, v. William Hale Thompson, Mayor (Respondent), Appellant.

Gen. No. 21,767.

(Not to he reported in full.)

Appeal from the Circuit Court of Cook county; the Hon. Edward M. Mangan, Judge, presiding. Heard in this court at the October term, 1915.

Reversed and remanded with directions.

Opinion filed May 29, 1916.

Statement of the Case.

Mandamus proceedings by the People of the State of Illinois ex rel. John J. Lynch and A. Cochrane, pe*486titioners, against William Hale Thompson, mayor of Chicago, respondent, to compel issuance of a dram shop license to petitioners. From an order directing the issuance of a license, the respondent appeals.

Abstract of the Decision.

1. Intoxicating liquors, § 28 * —when issuance of dramshop license within discretion of authorized officer. The issuance of dramshop licenses is a matter of discretion of the officer authorized thereto by the statute.

2. Intoxicating liquors, § 28*—when discretion of authorized officer in refusing to issue dramshop license not interfered with. In the absence of fraud or arbitrary exercise of discretion by officer authorized to issue dramshop licenses, the courts will not interfere with his exercise of discretion in refusing to issue a license.

3. Intoxicating liquors, § 30*—when order directing issuance of dramshop license reversed on appeal. Where the term for which a dramshop license has been ordered issued has expired before the hearing on appeal, such order will be reversed.

The order was entered August 16, 1915, and the term for which the license was applied for ran from May 1 to October 31, • 1915, and expired before the hearing of the appeal.

.Samuel A. Ettelson, for appellant; Boy S. GIaskill, of counsel.

William Gr. Anderson and L. A. Newby, for ap.pellee.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Baker

delivered the opinion of the court.