Depauli

This is an appeal from a judgment in favor of the defendants in an action brought by the county of Mono, to recover the sum of five hundred and fifty ($550.00) dollars, alleged to be due under a county ordinance numbered 90, which regulates the business of raising, grazing, herding, and pasturing sheep in Mono county and fixes as a license tax therefor the sum of five cents per head. In the court below,: as stated by appellant, the ordinance was attacked on various, grounds, to wit, that the county had no authority to regulate, or to attempt to regulate, such business, that the ordinance is unconstitutional and therefore void, that the license tax demanded is unwarranted, unreasonable and excessive, and that the ordinance never became effective because not published as required by the statute.

The trial court, relying upon the decision of the supreme-court in County of Plumas v. Wheeler, 149 Cal. 758 , [ 87 Pac. 909 ], and in County of Sierra v. Flanigan. 149 Cal. 769 , [ 87 Pac. 913 .], held with plaintiff as to all these propositions except the last, but in that respect it adopted the view of defendants, basing the conclusion upon the following finding: “That the-names of all…