Mountain States Telephone & Telegraph Co. v. People

This case was submitted and argued en banc.

The constitution provides that the court shall consist of seven judges. By the term “Court en banc” is meant the whole court as constituted. The decision purporting to reverse the judgment is but by three members of the court-in agreement with it. It is therefore by a minority of the court as constituted.

The proposition is so unexampled, so shocking, and to my mind, so wholly opposed to the letter and spirit of the constitution and statutes, that I am compelled to regard it as a repudiation of the organic law and the statutes enacted under it, and…