(concurring).—I concur in the result, but I do not wish to be understood as indorsing in any decree the doctrine announced in Guley v. Northwestern Coal, etc., Co., 7 Wash. 491 (35 Pac. 372). That opinion is in conflict with the rule announced in all the states with constitutions like ours and in *476indirect conflict with all the other decisions of this court both prior and subsequent to its rendering.