Legal Opinion · Dissent

Bemis Bro. Bag Company v. Wallace

Supreme Court of Minnesota

Decided April 24, 1936No. Nos. 30,842, 30,843Published

1DissentDevaney, Chief Justice

I cannot agree with the majority opinion. The action of the court here is a usurpation of the function of the legislature by the judiciary and is a manifestation of the fast-growing' evil of judicial autocracy. The constitutional separation of authority forbids judicial interference with the exercise of legislative duties and functions. Thus we find our court saying:

“* * under constitutions, similar to that of this state, where all power and authority of government are vested in three distinct, co-ordinate and independent departments — the legislative, the executive and the judicial — the…

2Cases cited6 opinions

  1. Sinking-Fund CasesSupreme Court of the United States · 1879
  2. Adams Express Co. v. Ohio State AuditorSupreme Court of the United States · 1897
  3. Frost v. WenieSupreme Court of the United States · 1895
  4. State ex rel. O'Hearn v. EricksonSupreme Court of Minnesota · 1922
  5. State Ex Rel. Decker v. MontagueSupreme Court of Minnesota · 1935

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