State ex rel. Atlantic Coast Line Railroad v. Board of Equalizers

Whitfield, J.,

Dissenting. — The decision in this case is, that although a statutory provision be unconstitutional and void, the highest executive officers of the State should e'xecute it until it is declared by the courts to' be invalid; and that the'Governor, Attorney General and State Treasurer cannot question the validity of an enactment in aii *604action to enforce it brought against such officers, with the result that a peremptory writ of mandamus is to command the Governor, the Attorney General and the State Treasurer to execute a provision of a statute which provision the highest executive…