State Ex Rel. Ricco v. Biggs

I regret my inability to agree with the opinion of the court. I think that the alternative writ was improvidently granted, and that it should be dismissed for this reason, if for no other. Judge Biggs has not refused to exercise his judicial function. He has merely (according to the court’s decision) determined erroneously a question of the validity of a statute, following the precedent established by this court in State v. Swanson, 119 Or 522, 250 P 216. In its discussion of the substantive question presented the court relies in part upon the opinion written by Judge Rugg in Crocker v.…