State Ex Rel. Gilbert v. CIRCUIT COURT, ETC.

DISSENTING OPINION

Arterburn, J.

The principal legislative purpose in the enactment of statutes licensing the operation of motor vehicles on the public highway is the safety of the *128traveler thereon. Therefore, to give one who has repeatedly violated the law against driving while intoxicated a restricted right to operate a motor vehicle on the highway because he has dependents, while another like offender without dependents is denied such a privilege, is discriminatory and violates the principle of equality before the law. Carrying the theory to its logical extent, could it be said that one who…