American Falls Reservoir District v. Thrall

(July 23, 1924.)

ON REHEARING.

[228 Pac. 244.]

*131WILLIAM A. LEE, J.

Counsel for respondents petitioned for a rehearing. They and others appearing amid curiae suggest that, the statement in the opinion to the effect that neither of the parties having questioned the validity of the statutes considered, their validity would be assumed without further consideration, raises a questiou as to the constitutionality of the law. Where neither party challenges the validity of a statute a 'Contention that the court’s failure to do so raises a question as to its constitutionality is an unwarranted assumption.

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