Bailey v. State Board of Public Affairs

GIBSON, V.C.J.

(dissenting). After an exhaustive review of the decisions of this and other state courts, and those of the Supreme Court of the United States, it is my firm conviction that the majority opinion has gone far beyond any judicial views yet expressed in an attempt to justify legislative and executive encroachment. The authorities cited in the majority opinion do not support either the conclusion or the reasoning therein.

By its express provisions Senate Bill No. 184 is clearly self-condemnatory. It says, and without restrictions: “The State Board of Public Affairs with the approval…