The case of the Midland Valley Railroad Co. et al.,Appellants, v. State *Page 832 of Oklahoma, Appellee, decided at this term of court, ante, p. 817, 104 P. 1086, is decisive of this case, both as to law and fact.
The motion to dismiss the appeal is accordingly overruled, and the case remanded, with the same instruction.
All the Justices concur.