I concur in the conclusion of Mr. Justice -O’QUINN that the matters complained of under the first proposition do not constitute error, but I do not agree that under the provisions of chapter 45, p. 6S, Acts of Regular Session of the 42d Legislature (1931) (Vernon’s Ann. Oiv. St. arts. 1757, 1846), this proposition should be overruled because of its form and manner of presentation. In all other respects I concur in the holdings discussed. .