This case, in all essential particulars, is similar to that of State ex rel. Davis v. Johns, ante p. 525, 248 Pac. 423. The two cases were argued together. For the reasons given in the opinion in the other ease, the writ applied for in this one will be denied.

(dissenting)—I dissent for the reasons stated in the dissenting opinion in State ex rel. Davis v. Johns, ante p. 525, 248 Pae. 423.

Bridges and Main, JJ., concur with Askren, J.