For similar reasons as assigned in Boone v. Kingsbury, Surveyor-General of the State of California, etc., S. F. No. 12707, ante, p. 148 [273 Pac. 797], this day filed, the surveyor-general of the state is commanded to issue to petitioner, H. E. Shudde, a permit to prospect for oil and gas upon the tide and submerged lands described in his petition. The writ will therefore issue.

Rehearing denied.

Shenk, J., and Curtis, J., voted for a rehearing.