Legal Opinion · Concurrence

Ex parte France

Indiana Supreme Court

Decided June 21, 1911No. 21,832Published

Original petition by J. Fred Prance, as Clerk of the Supreme Court, for directions as to his duty under the act of 1911 (Acts 1911 p. 201).

1Concurrence

Concurring Opinion.

Myers, J.

If the members of the court were free to consult their individual dispositions in this case, I should be disposed to lodge the responsibility with the legislature, ignoring the results, but we are not thus free, and cannot escape the responsibility imposed upon us.

This court is charged under the Constitution with the duty of upholding its constitutional integrity, and I am unable to bring myself to see it in any other light than that the act in question is the entering wedge to the ultimate destruction of the supremacy of the court. For, if its jurisdiction to…

2Cases cited21 opinions

  1. Wiscart v. DauchySupreme Court of the United States · 1796
  2. Baum v. ThomsIndiana Supreme Court · 1898
  3. Haines v. PeopleIllinois Supreme Court · 1880
  4. Donaldson v. State ex rel. TaylorIndiana Supreme Court · 1906
  5. Martin v. SimpkinsSupreme Court of Colorado · 1894

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