Per Curiam.
Although a majority of the members of this court are of the opinion that the proviso provision of Section 1465-61, General Code, is unconstitutional, fewer than six members are of that opinion, and, under Section 2, Article IV of the Constitution, this court cannot declare the proviso unconstitutional. Therefore, the relator is not entitled to the relief prayed for.
The demurrer to the amended petition is sustained and a writ of mandamus...
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