Legal Opinion · Dissent

Hanley v. STATE, DEPT. OF CONSERVATION

Indiana Supreme Court

Decided December 21, 1954No. 29,170Published

1Dissent

Dissenting Opinion

Emmert, J.

The majority opinion and its reasoning open up a Pandora’s box of constitutional doubts as to the validity of many statutes in Indiana which were enacted by the General Assembly in appreciation of the *339patriotic sacrifices made by the men and women in the armed forces during a time of national peril. It applies a rule of strict construction in a matter affecting veterans when, as stated by this court in State v. Dudley (1910), 173 Ind. 633, 635, 91 N. E. 228, to invoke such a rule “is unpatriotic and impolitic.” Under the reasoning of the majority opinion of the…

2Cases cited10 opinions

  1. United States v. HallSupreme Court of the United States · 1879
  2. State ex rel. Atwood v. JohnsonWisconsin Supreme Court · 1919
  3. State ex rel. State Reclamation Board v. ClausenWashington Supreme Court · 1920
  4. Brown v. BuzanIndiana Supreme Court · 1865
  5. Marallis v. City of ChicagoIllinois Supreme Court · 1932

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