On Rehearing

Counsel for respondents petitioned for a rehearing. They and others appearing amici 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 question 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.

In view of neither of the parties in the former hearing having…