Ralston v. Cox

(specially concurring).

I concur in and regard as well put, all that is said in the opinion in distinguishing Ex parte Bain from the case at bar. In the interest however, of laying the Bain case bogey, and particularly of allaying the ritualistic fervor of its worshipers as in the Garrett case,1 I should like to point out a little more clearly why the Bain case was without application there, and in most of the cases in which it has been cited and purportedly followed, and particularly why it is without application here. As Mr. Justice Miller took pains to carefully set out in his opinion in…