State ex rel. Hammond v. Hager

MR. JUSTICES HASWELL and DALY,

(specially concurring) :

We concur in the result reached by the majority, but on procedural rather than constitutional grounds. In our opinion, no constitutional issue is properly before the Court in this proceeding.

In our view, this Court should exercise judicial restraint in reaching and deciding the constitutionality of legislative acts, particularly where, as here, no brief or oral argument has been presented by any public official or agency but only by private individuals. Under such circumstances where a ease can be decided on noneonstitutional grounds, this…