McShane v. Douglas County

I want to make the inquiry of any and all the members of this court who give the majority opinion their support whether they think an act which has been declared unconstitutional by this court in a case where it had jurisdiction to determine the matter ever becomes a constitutional and valid act without being reenacted by the legislature as the •constitution of the state provides a new act shall be created? By the opinion which is presented as the majority opinion the members of this court are asked to say that this may be done. What is now section 3539 of the Revised Statutes of 1913 was, in…