State Ex Rel. Hughes v. Board of Education

Browning, President,

dissenting:

I dissent. I do not disagree with the first point of the syllabus of the opinion of the Court, it having been quoted many times in other opinions of this Court. Actually, it is not a rule of this Court but a reiteration of the constitutional commandment as to the separation of powers of the three branches of government of this State:

Where the language of a statute is plain and unambiguous, there is no basis for application of rules of statutory construction; but courts must apply the statute according to the legislative intent plainly expressed therein.…