State ex rel. Simpson v. Sperry & Hutchinson Co. ( 1910 )

Jaggard, J.

(dissenting).

I respectfully dissent. The presumption in favor of the constitutionality of legislative action is strong. A statute should not be avoided, unless clearly necessary. The authorities do not impress me as compelling the decision that the law here in issue is unconstitutional, although not all of them can be so substantially distinguished as to show that they do not hold it invalid.

Moreover, I am unable to perceive why the statute should not be upheld, because it excludes an illegitimate business. In effect it regards the defendant as a commercial parasite and prohibits existence. The facts justify that definition and prohibition.