McCLENDON, C.J.
This is a companion case to that of cause No. 6880, State v. Gulf Refining Company, 279 S.W. 526. The pleadings and evidence are not in any material respects different in the two cases, and the questions involved are in principle the same. The decision in that case controls in this, and for the reasons set out in the opinion in that cash the judgment of the trial court is affirmed.