The opinion
On Motion for Rehearing.
The appellants argue with much force the implied authority, under the circumstances of this .case, of the board of trustees to enter the order canceling the bonds. The grounds and situation set up and proven for canceling the bonds manifestly afford good cause for giving the redress, and the only objection that can be urged to the action of the board of trustees is that they were wholly without any authority to meet the situation. The Legislature alone can confer authority to the people of the district to revoke the bond issue. The bonds cannot be revoked or canceled by any agency unless the power to do so is conferred by legislative authority, and any doubt as to the existence of such power is, under well-established principles, resolved against its existence.
The case of Jackson v. McAllister, supra, cited and referred to in the original opinion, cannot be regarded as ruling the present suit, it is believed by this court, and the motion should be overruled.