dissenting.
I could concur in the opinion prepared by the Chief *198Justice but for the fact that I have an abiding conviction that Section 3147 of the General Statutes of 1906, under which the action is brought, is clearly unconstitutional for the reason set forth in my dissenting opinion in Pensacola Electric Co. v. Soderlind, filed this day. It is true that such question is not raised in the instant case, but it is presented in that case and directly called to our attention.