Borges

This is an appeal from an order refusing an application for a temporary injunction and dismissing the bill in equity filed by appellants to enjoin enforcement of County Ordinance No. 158 of Kings County, Cal., enacted to control bovine tuberculosis. The ordinance requires that cattle shall be subjected to a test for tuberculosis and that such cattle as, by the-reaction to the test, are shown to have tuberculosis, shall be slaughtered.

The appellants alleged in their bill that their cattle were free from disease, that they had not yet been tested, but that a notice had been served upon them that the inspecting authorities contemplated making a test. Without awaiting the result of the test, they brought this action to enjoin the officers in attempting to enforce the county ordinance in question.

It is clear that the action is premature. The appellants base their action upon allegations which they claim justify their apprehension that some of their cattle, although free from disease, will be shown by the test *735 to be diseased. Their complaint is that, after the determination by the officials of the county and state that the cattle are tubercular, no opportunity is afforded to…