Wood v. State Ex Rel. Gillespie

Ethridge, J.,

delivered a specialty concurring opinion.

The per curiam opinion, in which I fully concur, decides all that is necessary to dispose of this case. But, in view of the public interest, and the desirability of knowing the law pertaining to the merits of the case, and following the precedent of Marbury v. Madison, 1 Cranch, 137, 2 L. Ed. 60, I desire to submit the following views.

The basis upon which the mandamus in the case at bar is sought is that the redistricting act is void because of inequality in population in the several districts, and because it is in conflict with section 3…