Although a majority of the members of this court are of the opinion that Sections 5356 and *5941078-36, General Code, are unconstitutional, two members of the court do not concur in that view.

Section 2, Article IV of the Constitution, provides in part: “No law shall be held unconstitutional and void by the Supreme Court without the concurrence of at least all but one of the judges, except in the affirm-, anee of a judgment of the Court of Appeals declaring a law unconstitutional and void.” The instant cases do not involve a judgment of that court declaring a law unconstitutional.

Five members of this court not being a sufficient number to declare Sections 5356 and 1078-36, General Code, unconstitutional, the real property in question is exempt from taxation.

Decision affirmed.