Kennington-Saenger Theatres, Inc. v. State Ex Rel. Dist. Atty.

Alexander, J.,

delivered a dissenting opinion.

I concur in the views expressed by the Chief Justice. We are not dealing with an ambiguous statute. Its language is clear, it covers the situation here presented and is consistent with a practical procedure. Its stark language can be evaded only by an attack which assaults its provisions by one or both of the following maneuvers; (1) The legislature did not intend that its language be taken literally, or (2) it had no authority to say what it said.

As to the first device, any possible doubt is removed by its studied attempt to illustrate its purpose…