In Re Contest of the Election for the Offices of Governor

JUSTICES WARD, GOLDENHERSH, and CLARK,

dissenting:

There is probably no proposition more firmly established in the decisions of this court than that the court will consider the constitutionality of the statute only when it is essential to the disposition of the case. The majority seriously understates the unwillingness of this court to nullify enactments by the General Assembly. It is obvious from the opinion that the majority could dispose of this matter by allowing the motion to strike for the statutory reasons it offers. Hlustrations that this court will not seek out constitutional issues…