Farley

An appeal by plaintiff from a judgment in favor of defendants, in an action brought by plaintiff, as a taxpayer of Monterey County, to enjoin said county, its su pervisors, and horticultural commissioner from manufacturing and selling therein poisoned barley to be used in the extermination of ground-squirrels. Before trial the action was dismissed as to the members of the board of supervisors.

Appellant contends upon this appeal that the evidence is insufficient to support the findings and that the findings do not sustain the judgment; also that the enterprise engaged in by the county was illegal and that taxation of property for that purpose constituted a taking of the property without due process of law in violation of section 13 of article I of the state constitution and of the fourteenth amendment of the federal constitution.

The trial court found that the practice here complained of was undertaken and carried on by respondents with the sole design of speedily and effectively destroying ground-squirrels, and “as a sanitary and salutary measure conducive to and in promotion of the general health and economic well being of the people of said Monterey County”; that it was…