Erro

These appeals were argued and submitted together. ■ They involve identical questions, and the evidence is substantially the same in each case. They may, therefore, be considered and disposed of together.

The appeals are from the judgments and from the orders denying the defendants new trials.

The questions involved are: 1. The validity of an ordinance of Inyo county requiring the procurement of a license by “every person engaged in the business of raising, grazing, herding, or pasturing sheep in the county”; and 2. The applicability of this ordinance under the evidence to the defendants.

It is first insisted that the ordinance is void on its face. Herein it is argued that, under subdivision 37 of section 25 of the County Government Act of 3893 (Stats. 1893, p. 358), boards of supervisors are authorized “to license, for purposes of regulation and revenue, all and every kind of business not prohibited by law, and transacted and carried on in such county,.....to fix the rates of license tax upon the same, and to provide for the *121 collection of the same by suit or otherwise.” The power to license is thus limited to lawful businesses “transacted and carried on” in the county, and…