State Ex Rel. Livingston v. Ayer

(dissenting) — It is elementary that a statute must be sustained and enforced unless it is in clear and irreconcilable conflict with some express provision of the constitution. On the other hand, if the constitutional provision and the legislative enactment are so clearly in conflict that they cannot both stand, the statutory provision must of course fail.

In construing a statute, every reasonable intendment will be indulged in, in favor of the construction that is in con formity with the provision of the constitution. If a reasonable doubt appears, it should be resolved in favor of the…