It is agreed by counsel that the issue presented in this appeal and also the parties involved are identical with those appearing in Quinn et al. v. Dougherty et al., Commissioners of the District of Columbia, decided by this court January 7, 3929, 58 App. D. C. 339, 30 F.(2d) 749. It is only necessary now to say that, consistently with onr decision in tho former case, we affirm the decree of the lower court herein appealed from.

Affirmed.