Cottrell v. Faubus

This concurrence in no way indicates that I do not agree with the reasons and reasoning contained in the majority opinion. It is however prompted by a two-fold purpose: One, to reply to certain arguments advanced in support of Act 442; and Two, to suggest an additional reason for sustaining the conclusion reached by the majority.

One. To uphold the constitutionality of Act 442 reliance is placed on two general principles of statutory construction: (a) The presumption of constitutionality, and; (b) Legislative construction.(a). Presumption of Constitutionality. It is readily conceded there is a…