Hayes v. Abney

Ethridge, J.,

delivered a dissenting opinion.

I think the Court is without jurisdiction to overturn the decision of the tribunal below, and to enter upon a separate finding of facts from the evidence, contrary to the decision of the court below. In order to test the constitutionality of an act, we must consider not only what has been done under the act, but what may be done under it.

Under paragraph (d) of section 15, chapter 19, Laws of 1935, Ex. Sess., known as the Corrupt Practices Act, it is contemplated that this Court will, if there is not unanimous concurrence on the facts in the special…