High School District No. 137 v. Lancaster County
Nebraska Supreme Court
Error, to the district court for Lancaster county. Tried below before Cornish, J. It was said in Pleuler v. State, 11 Nebr., 547: “To justify a court in pronouncing an act of the legislature unconstitutional, it must be clear and free from reasonable doubt that it is so — not a doubtful and argumentative implication. Or, in other words, a statute should not be held invalid unless it is clearly forbidden by the paramount law.
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Error, to the district court for Lancaster county. Tried below before Cornish, J. It was said in Pleuler v. State, 11 Nebr., 547: “To justify a court in pronouncing an act of the legislature unconstitutional, it must be clear and free from reasonable doubt that it is so — not a doubtful and argumentative implication. Or, in other words, a statute should not be held invalid unless it is clearly forbidden by the paramount law. Such substantially has been the holding of all courts speaking upon this subject. Cooper v. Telfair, 4 Dallas [U. S.], 14; Sharpless v. The Mayor, 21 Pa., 147; Adams v.…
1Opinion of the Court
Noryal, O. J.
Tbis suit was brought in tbe district court of Lancaster county to test tbe constitutionality of sections 1 and 3, chapter 62, of an act of tbe legislature approved April 1, 1899, entitled, “An act to provide free attendance at public high schools of non-resident pupils; to provide for tbe expense thereof, and to amend section 3 of subdivision 6, sections 2 and 7 of subdivision 14, and 2 of subdivision 17, chapter 79, Compiled Statutes of Nebraska for 1897, and to repeal said original sections now existing,” Session Laws 1899, cb. 62; Compiled Statutes, cb. 79, subdivision 6. Tbe…
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