I dissent. I would reverse the judgment for the reasons expressed by Mr. Presiding Justice Shoemaker in the opinion prepared by him for the District Court of Appeal *234in Franklin Life Ins. Co. v. State Board of Equalization (Cal.App.) 40 Cal.Rptr. 773.
Appellant’s petition for a rehearing was denied September 15, 1965. Mosk, J., did not participate therein.