Gunter v. Blanton

(dissenting) :

Being unconvinced of the unconstitutionality of the statutory provision here under attack, I am compelled to dissent. It is of course elementary that no act of the General Assembly should be declared unconstitutional unless it is clearly violative of the Constitution. The provision here involved simply designates and constitutes the local legislative delegation as one of the “corporate authorities” within the purview of Article X, Sec. 5 of the Constitution, and gives it limited voice in the matter of imposition of school taxes pursuant thereto. “Corporate authorities” within…