Casner v. Meriwether

On Rehearing.

RILEY, J.

The fact that the opinion herein holds an act of the Legislature unconstitutional, and the confidence with which petitioner herein, and a number of attorneys who file a brief amici curiae, assert that the opinion is in error, have impelled us to give careful consideration to the petition for rehearing filed herein.

We are not to be unmindful of the many decisions of this court which hold that an act of the Legislature will not be declared unconstitutional unless it clearly appears that such act violates some provision of the Constitution. This rule is a salutary one. The…