The application of relator for writ of mandamus was set for hearing on July 29, 1940, but both relator and respondents failed to appear except by said application and by answer of respondents, and' by briefs filed herein. The Hon. William M. Holland has filed by way of answer a full statement of facts which is not disputed, which, in our opinion, requires, as a matter of law, that the application for the writ of mandamus be refused, and it is hereby refused.

Refused.