dissenting.
I dissent for the reason, among others, that this case is controlled by the rule announced and followed in Smyth v. Ames, 169 U. S. 466; Century Oil Co. v. Department of Agriculture, 112 Neb. 73. The law in question does not contravene the Constitution, but simply became inoperative because of a condition then existing. On removal of the condition, the law automatically became operative.
Evans, J., concurs in this dissent.