Kelly

This is an appeal from a judgment holding a daily tax, levied by the city of San Diego on house trailers, to be paid by the occupants, unconstitutional and void and enjoining its collection.

The trial court held the tax void because of discrimination between members of the same class, part of which were required to pay the tax while others of that class were exempt from it. Other questions are argued by counsel but we find it unnecessary to consider them because the one question of discrimination is decisive of the case.

Plaintiffs were workers in war industries in San Diego, or were wives of men in the armed services. They lived in trailers which were located in trailer camps duly licensed by the city of San Diego.

Ordinances of the city of San Diego prohibited persons from living in trailers not located in licensed trailer camps, except for an initial period of fifteen days where no trailer camp space was available.

Other ordinances of San Diego provided a rather elaborate procedure for the establishment, maintenance and operation of trailer camps in that city. Health and sanitation facilities were required and frequent inspections were to be made. These measures clearly…