Legal Opinion · Dissent

State Ex Rel. Swan v. Jones

Washington Supreme Court

Decided November 10, 1955No. 32831Published

1DissentDonworth, J.

(dissenting)—For the reasons hereinafter stated, I am of the opinion that the majority, in interpreting *742Art. XI, § 10, of the constitution, has gone far beyond the bounds of judicial interpretation and has, in effect, amended it. This is a power which the people have reserved exclusively to themselves.

Furthermore, even if the majority opinion be considered as an interpretation of § 10, it is directly contrary to our decision in Wade v. Tacoma, 4 Wash. 85, 29 Pac. 983, which is discussed below.

Because of the importance of the question involved not only to the people of Vancouver but also, in a…

2Cases cited34 opinions

  1. Ogden v. SaundersSupreme Court of the United States · 1827
  2. Oakley v. . AspinwallNew York Court of Appeals · 1850
  3. Oakland Paving Co. v. HiltonCalifornia Supreme Court · 1886
  4. State Ex Rel. Lemon v. LanglieWashington Supreme Court · 1954
  5. Koehler & Lange v. HillSupreme Court of Iowa · 1883

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