The opinion
OWEN, C. J.
The question presented in this ease is identical with that presented in Smartt v. Board of County Commissioners (No. 7737) 67 Oklahoma, 169 Pac. 1101 , L. R. A. 1918C, 313. On authority of that ease, the petition for rehearing will be granted, the opinion filed May 16, 1916 (published in 158 Pac. 601 , L. R. A. 1916F, 892), withdrawn, and the judgment of the lower court affirmed.
RAINEY, PITCHFORD, MeNEILL, and HIGGINS. JJ., concur. SHARP, J., dissents.