The opinion
WELCH, Justice
(dissenting).
I respectfully dissent to the Supplemental Opinion on Rehearing. I think it presents or refers to a new and different issue from any issue presented in the original application for approval of a proposed bond issue in the sum of $1,450,000, to be retired as set out in the majority opinion.
I think we have no jurisdiction in this proceeding except to approve or disapprove the proposed bond issue of $1,450,000. It seems to me that our jurisdiction is so limited by Section 20 of the Act which provides as follows:
“The Authority is authorized in its discretion to file an application with the Supreme Court of Oklahoma for the approval of any bonds to be issued thereunder, and exclusive original jurisdiction is hereby conferred upon the Supreme Court to hear and determine each such application. It shall be the duty of the court to give such applications precedence over the other business of the court and to consider and pass upon the applications and any protests which may be filed thereto as speedily as possible. Notice of the hearing on each application shall be given by a notice published in a newspaper of general circulation in the State that on a day named the Authority will ask the Court to hear its application and approve the bonds. Such notice shall inform all persons interested that they may file protests against the issuance of the bonds and be present at the hearing and contest the legality thereof. Such notice shall be published one (1) time not less than ten (10) days prior to the date named for the hearing and the hearing may be adjourned from time to time in the discretion of the Court. If the Court shall be satisfied that the bonds have been properly authorized in accordance with this Act and that when issued* they will constitute valid obligations in accordance with their terms, the Court shall render its written opinion approving the bonds and shall fix the time within which a petition for rehearing may be filed. The decision of the Court shall be a judicial determination of the validity of the bonds, shall be conclusive as to the Authority, its officers and agents, and thereafter the bonds so approved and the revenues pledged to their payment shall be incontestable in any court in the State of Oklahoma.” 70 O.S.1953 Supp. § 2160.
This issue was in no way presented in the application filed March 25th, 1954, nor in any way mentioned in the notice issued March 25, 1954.
*1036 If the Authority desires to aslc the court to approve its power to issue bonds in any different sum payable only from the Public Building Fund moneys now on hand or collected into such fund prior to June 30th, 1955, we should have such application formally before us, stating the amount and details of such bond issue; otherwise I think we should not adopt this supplemental opinion deciding or referring to that which I deem to be a new issue from the issues which were before us when we adopted the majority opinion.
If the Authority does not desire, in its discretion, to ask the court to approve or pass upon such other and different bond issue from its pending formal application, and upon which we gave notice, then I think it improper by supplemental opinion to make any reference to the power or authority in reference to any such other bond issue.