State Ex Rel. MacKey v. Hyde

WALKER, J.,

(concurring).- — I concur in all that my learned brother has said in the denial of the peremptory writ herein, but have not deemed it inappropriate to add my views thereto.

I. To sustain the application for a peremptory -writ it is contended that Section 6317, Revised Statutes 1919, is burdened with a delegation of legislative power and is hence invalid. To render the section subject to this criticism it must appear that it is not complete in all of its terms and provisions, and that its operative effect is delegated to some one, usually a public official, charged by its terms with…