The King v. Testa

Concurring Opinion of

Preston, J.

I concur in the opinion delivered by the Chief Justice, and in the declaration that the Act in question is unconstitutional and therefore void, and have but little to add.

It was argued by the Attorney-General that as the offices of Third and Fourth Associate Justices were created by an Act of the Legislature, therefore the offices might be abolished by another Legislature repealing such law; and he also contended that such offices were held by virtue of such law only. But he conceded that if the offices were held by virtue of the law and under the Constitution,…