
    ST. LOUIS-S. F. RY. CO. v. DEWEESE County Assessor, et al.
    No. 17898
    — Opinion Filed Dec. 7, 1926.
    Error from District Court, Blame County C. C. Smith, Judge.
    Action by St. Louis-San Francisco Railwa Company against 0. O. Deweese, County A sessor, and Ray P. Boyce, County Treasure: of Blaine County. Judgment for defendant: and plaintiff brings error.
    Reversed an| remanded.
    Stuart, Cruce & Franklin, J. P. Wisharj and E. T. Miller, for plaintiff in error.
    Allen Falkenstine, Co. Atty., for defenfl ants in error.
   PHELPS, J.

This action was filed hy til

St. Louis-San Francisco Railway Companl in the district court of Blaine county, again| O. O. Deweese., county assessor, and Ray Boyce, county treasurer, under the provisiol ■of State Question No. 141, Initiative Petition No. 92, adopted by a vote of tbe people at the regular primary election held August 3, 1926. Answer was filed and the cause called for trial. Whereupon, the plaintiff filed its motion and affidavits for a continuance in which it pleaded its inability to go to trial at that time. This motion was overruled by the court upon the grounds that under the provision of the act the case must be tried within ten days after answer is filed, and the action dismissed because of the failure of plaintiff to prosecute the same, from which ruling and judgment the plaintiff appeals.

The questions presented here are the same as presented in cause No. 17907, Atchison, Topeka & Santa Fe Railway Co. v. Ora Long, County Assessor, et al., in which cause opinion is this day filed. 122 Okla. 86, 251 Pac. 480, and upon the authorities cited in cause No. 17907, Atchison. Topeka & Santa Fe Railway Co. v. Ora Long, County Assessor, 1 et al., the judgment of the district court lis reversed, with instructions to dismiss the (action.

BRANSON. V. C. ,T.. anl MASON, HAR-JRTSON, and CLARK, JJ., concur. NIÜHOL-loLSOX. C. J.. and LBSTER. J.. concur in ¡conclusion. HUNT and RILEY. JJ., dissent.  