ON REHEARING.

For names of attorneys and authorities cited see same ease, ante, p. 98.

This ease was submitted with the ease of Ada County v. Bullen Bridge Co., ante, p. 79, 47 Pac. 818, with the understanding that the decision in this case should follow the decision in that. For the reasons stated in the opinion in that case, the judgment of the court below is sustained in this case. Costs in favor of respondent.