Legal Opinion · Dissent

Tucker v. State

Indiana Supreme Court

Decided June 26, 1941No. 27,547Published

1Dissent

Dissenting Opinion

Richman, J.

By this dissent I express no approval of the governmental policy of the statutes in question nor of the statutes sought thereby to be repealed or amended. My only concern is the purely legal question of validity under the Constitution. In this inquiry I disagree with the other judges on basic principles which permit no compromise. My position will be first stated and then I shall discuss as briefly as possible the major premises upon which the majority take their stand.

In the years following the election of Governor Hovey the judges of this court in many cases and…

2Cases cited35 opinions

  1. Myers v. United StatesSupreme Court of the United States · 1926
  2. Humphrey's v. United StatesSupreme Court of the United States · 1935
  3. Mayor of Baltimore v. State ex rel. Board of PoliceCourt of Appeals of Maryland · 1860
  4. Hoke v. . HendersonSupreme Court of North Carolina · 1833
  5. City of Evansville v. State ex rel. BlendIndiana Supreme Court · 1889

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