The issues in this case are identical with those involved in the case of Re Peschel froni a Decision of the Board of County Commissioners in and for Richland County, North Dakota, decided in'this term. Ante, 4 NW 2d 194. This case is therefore controlled by that decision and for reasons set forth in the opinion therein the judgment of the district court herein is affirmed.

(dissenting). I dissent on grounds stated in the Peschel Case.