Judgment is reversed and the case remanded to the Supreme Court. This reversal involves only the decision that the act *241of 1890 is unconstitutional. If the act of 1896 is to be pleaded it must be upon application for that purpose to the Supreme Court.

For affirmance—The Chief Justice, Collins, Depue, Dixon, Garrison, Gummere, Ludlow, Bogert, Dayton, Hendrickson, Krueger, Nixon. 12.

For reversal—None.