In Interest of Prisbrey

ELLETT, Chief Justice:

The appellant, Prisbrey, drove an automobile in excess of 55 miles per hour on the highways of this state and was arrested and charged with the violation of a proclamation of the Governor. On appeal he raises the constitutionality of the proclamation and claims that it is no longer in effect.

In the case of State v. Foukas1 we held that the proclamation was a valid exercise of authority granted to the Governor and that those who drove in excess of 55 miles per hour could be prosecuted for the violation thereof. Aside from the proclamation of the Governor, the maximum…