Perkins v. Scales

A question as to1 the constitutionality of the act of March 6, IS'? 5 [ch. 19], is presented in this case, which we dispose of as preliminary to any review of the opinion formerly announced, or rather decree rendered in this case.

This act provides substantially, “that in all cases now pending- in the supreme court, or hereafter brought thereto, in which the judges shall be equally divided, the judgment shall be determined as follows: Tf the case depend upon the constitutionality of any act of the general assembly, then such judgment or decree shall be in favor of the validity of such act. In…