Rea v. City of Reno

I dissent.

It is my opinion that the presumption of constitutionality has not been overcome. Of the many cases approving such presumption, no case in this state seems to have expressed it more strongly than Hess v. Pegg, 7 Nev. 23 (5-6-7 Nev. 715, 721). This court there said:

“For this court to oppose its judgment to that of the legislature, excepting in a case admitting of no reasonable doubt, would not only be contrary to all well considered precedent, but would be an usurpation of legislative functions. It cannot be denied that the tendency in some states of this union is that way,…