Legal Opinion · Dissent

State ex rel. Bess v. Black

West Virginia Supreme Court

Decided October 23, 1964No. 12383Published

1DissentCalhoun, Judge

Very respectfully, but quite earnestly I dissent. With deference to my four associates, I believe that the majority opinion in relation to the basic questions decided has asserted propositions which are utterly at variance with legal principles which I have conceived to be both fundamental and clear.

My paramount disagreement is based on my confident belief that the majority opinion, in authorizing this second local option election, has read into the statute a provision which the legislature, in its wisdom and discretion, might have inserted, one which so easily could have been inserted, but…

2Cases cited11 opinions

  1. State v. OlcottOregon Supreme Court · 1912
  2. Dwight v. HazlettWest Virginia Supreme Court · 1929
  3. State v. DoddsWest Virginia Supreme Court · 1903
  4. Jenkins v. SpitlerWest Virginia Supreme Court · 1938
  5. Deutsch v. Mortgage Securities Co.West Virginia Supreme Court · 1924

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