Legal Opinion · Concurrence

Clark v. Boyce

Arizona Supreme Court

Decided November 4, 1919No. Civil No. 1740Published

APPEAL from a judgment of the Superior Court of the County of7 Maricopa. S. L. Pattee, Judge.

1ConcurrenceBaker, J.

(Concurring) . — I concur in the opinion stated by Judge ROSS-, although it must-be confessed that the question is not free from doubt, and much can be said in favor of the view taken by the Attorney General; yet, upon the whole, I think the provisions of subdivision 3, section 1, part 1, of article 4, and section 7, of article 5, of the Constitution, may be reconciled upon the application of the familiar rule that courts always strive to harmonize apparently conflicting provisions of a Constitution or statute upon the same subject matter in order that each provision may survive and neither…

2Cases cited11 opinions

  1. Biggs v. McBrideOregon Supreme Court · 1889
  2. Evers v. HudsonMontana Supreme Court · 1907
  3. Graves v. . DeterlingNew York Court of Appeals · 1890
  4. State ex rel. Dawson v. SessionsSupreme Court of Kansas · 1911
  5. Bennett Trust Co. v. SengstackenOregon Supreme Court · 1911

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