(specially concurring) :
Upon the grounds stated in my specially concurring opinion in the Graham case, 125 Mont. 419, 239 Pac. (2d) 283, this day decided, I concur in affirming the judgment of the trial court.
THE HONORABLE C. B. ELWELL, District Judge sitting in place of MR. JUSTICE ANGSTMAN, disqualified:I dissent upon the same grounds set forth in my dissenting opinion in State ex rel. Graham v. Board of Examiners.