Adams v. City of Shelbyville

Dissenting Opinion.

Baker, J.

I regret my inability to agree with my brethren in their construction of the Barrett law. In stating my *496reasons, ■with all due deference, I think it proper first to determine accurately the question presented for solution. The federal Constitution is not what the citizen may read it to be, but is what the Supreme Court of the United States declares it to be. I concur in the statement that, prior to the Norwood v. Baker decision, 172 U. S. 269, 19 Sup. Ct. 187, 42 L. ed. 443, the method stated in §752 of Dillon was constitutional, that is, that the legislature in…