Hamilton v. Secretary of State

I am not in accord with the conclusions reached in this case by Mr. Justice FELLOWS. He has considered at some length the question whether the proposed legislation violates the Federal Constitution. I do not think this question should be considered and passed upon by this court at this time. If the proposed provisions do not receive the sanction of the electorate it will be unnecessary to pass upon their validity.

Another reason suggests itself why we should not consider it. The same constitutional question was raised under similar circumstances on a petition heretofore filed by the same…