The opinion
McKinstry, J., concurring.
— I concur with Justice Temple. I am of opinion, also, that the statute in question violates sections 31 and 32 of article 4, and section 6 of article 11, of the constitution; further, that the statute did not authorize, nor does it purport to authorize, the commencement and prosecution of the present action, and that the action is not authorized by any other law.
McFabland, J., and Seabls, O. J., dissented.