Concurring in Part and Dissenting in Part. I adhere to the views expressed in the majority opinion in *761this case heretofore handed dotvn by this court and filed on December 2, 1916, and concur in the opinion of Justice Rice in so far as the views expressed by him are in harmony with the majority of the court in that opinion, and expressly dissent from the views expressed therein that are not in harmony therewith.