State ex rel. Jackson v. Prather

(dissenting) : I agree fully with the foregoing construction of the statutes involved, but do not believe the alternative writ should be allowed.

From the affidavit attached to the motion and from the reply brief it is apparent that the main purpose sought to be accomplished by the motion is the securing of an opinion concerning the validity of certain statutes, in time for possible new legislation before the adjournment of the present legislature. As said by Lord Chief Justice Denman, in The Queen v. The Directors of the Blachwall Railway, 9 Dowling’s Rep. (Eng.) 558:

“When there is a doubt as…