State Ex Rel. Mason v. Board of County Commissioners

(dissenting) — Passing all questions of procedure and the propriety and timeliness of the remedy invoked by respondents, as determined in the majority opinion, I am unable to yield my concurrence in the decision upon the construction of the statute in question.

Nor do I see any controlling effect in the provisions of the constitution that the legislature shall establish a system of county government which shall be uniform throughout the state; and that the legislature, by general and uniform laws, shall provide for the election in the several counties of boards of county commissioners.

The…