Legal Opinion · Dissent

Craig v. O'Rear

Court of Appeals of Kentucky

Decided May 15, 1923Published

1Dissent

Dissenting Opinion by

Judge Mookman.

I concur in the statements of the opinion that a legislative act should not be declared invalid until every doubt has- been resolved in its favor, and that the propriety, wisdom or expe'dieney of legislation is not a matter to be considered in measuring it by constitutional limitations and requirements. Nevertheless I am convinced that the act in question violates sections 27, -28 and 29 of the state Constitution, and I deem it appropriate that I state the reasons that impel that conviction.

It is undoubtedly true, and indeed seems to be conceded in the…

2Cases cited22 opinions

  1. Field v. ClarkSupreme Court of the United States · 1892
  2. Buttfield v. StranahanSupreme Court of the United States · 1904
  3. St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of the United States · 1908
  4. Montana Co. v. St. Louis Mining & Milling Co.Supreme Court of the United States · 1894
  5. Morris v. SmithTennessee Supreme Court · 1849

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