(after stating the facts as above). The case of the Midland Valley Railroad Co. et al., Appellants, v. State *832 of Oklahoma, Appellee, decided at this term of court, ante, p. 817, 104 Pac. 1086, is decisive of this case, both as to law and fact.

■ The motion to dismiss the appeal is accordingly overruled, and the case remanded, with the same instruction.