The same facts, with the exception that the relator at the time of his removal was deputy warden of Hudson county jail, exist in this case as were present in Sullivan v. McOsker, ante p. 380. For the reasons stated in the opinion of that case the judgment of the Supreme Court will he reversed with direction that the demurrer he overruled.

For affirmance — None.

For reversal — The Chancellor, Trenohard, Bergen, Minturn, Kalisoh, Bogert, Yredenburgh, Congdon, Treacy, JJ. 9.