ON REHEARING
Mr. Justice Culverdelivered the opinion of the Court.
In petitioner’s motion for rehearing it is urged that:
“The Court erred in holding the entire Act unconstitutional as contravening the principle of Article 8, Section 3 of the Constitution, as Section 5 of the Act granting the right to Harris County to acquire, by condemnation, right of ways in the limits of incorporated cities, towns and villages, is severable from the other parts of the Act and thence stands as effective and valid legislation.”
*28This proceeding was a mandamus to require the Attorney General to approve certain bonds which the county proposed to issue under the authority of Chapter 382, Acts of the 54th Legislature, 1955. Consequently, the effect of our decision only goes SO' far as to hold that the bonds cannot be legally issued and the refusal of the Attorney General to approve these bonds was upheld. The question as to the constitutionality of Section 5 was not before us for decision nor is that question foreclosed by our opinion.
The motion for rehearing is overruled.
Opinion delivered July 11, 1956.