Boswell v. State

I dissent from the majority opinion. I concur in the dissenting opinion of Mr. Justice Riley, and in addition thereto, desire to make this statement.

I think the matters in controversy here more exactly relate to the state policy or the “public policy” of the state, as that expression is customarily used. That is, I think the method to be followed in selecting and prosecuting a chosen highway construction program is a question of “public policy” of the state.

Our Constitution, in section 1, article 16, in effect, directs the Legislature to establish a department of highways and to provide for…