Pruett v. Delony

This case was originally assigned to me. The majority agreed with my proposed opinion covering the periods from August 16, 1965 to December 4, 1968 and January 18, 1971 to December 31, 1971, and adopted it as the opinion of the Court. Therefore, I concur with the majority as to these periods. However, I must respectfully disagree with the majority as to the other period, December 4, 1968 to January 18, 1971.

I have read the Constitutional debates on the Judiciary article of the 1901 Constitution in order to try to get a better understanding of the meaning of the Constitutional provisions which…