(concurring specially) : There is no doubt about the correctness of this decision. But I wish to make the observation that in the summary dispatch of this cause, argued and submitted only two days ago, the unauthorized use of the name of the state as plaintiff was overlooked. (State of *347Kansas v. Anderson, 5 Kan. 90; The State, ex rel. Wells, v. Marston, 6 Kan. 524; Bobbett v. The State, ex rel. Dresher, 10 Kan. 9 ; A. T. & S. F. Rld. Co. v. The State, 22 Kan. 1.)