Opinion of the court by It is conceded by counsed for plaintiff in error that the questions here involved are identical with those presented in the case of McCalla v. Acker, reported in the 78 Pac., at page 223, 200 U.S. 613; and upon the authority of that case, the judgment of the court below in this case is affirmed.
Hainer, J., who presided in the court below, not sitting; all the other Justices concurring. *Page 538