Henderson v. State ex rel. Stout

Dissenting Opinion.

McCabe, J.

I heartily concur in the foregoing opinion in so far as it holds the act not unconstitutional because of there being a plurality of subjects of legislation embraced therein. ■ I also concur in the prevailing opinion as to the duty of the courts to solve doubts as to the constitutionality of a statute in favor of its constitutionality because of the extraordinary power exerted in overthrowing the deliberate act of a co-ordinate branch of the State government. But in the balance of the opinion I can not concur. When there is no doubt as to the unconstitutionality of…