Woodall v. Darst
Decision Date | 26 November 1912 |
Citation | 71 W.Va. 350,80 S.E. 367 |
Court | West Virginia Supreme Court |
Parties | WOODALL v. DARST, State Auditor. |
For majority opinion, see 77 S. E. 264.
ROBINSON, J. (concurring). The auditor has a personal interest entitling him to raise the question of constitutionality. Whether that question could be raised on other considerations, it is now wholly unnecessary to inquire.
There is no constitutional inhibition against such appropriation as the one in question is expressed to be on its face. With the wisdom or policy of the appropriation the courts have nothing whatever to do. It may be that as legislators we would not vote for it. But the legislature must be presumed to have acted in good faith, for the public good, and upon sound reasons. Every presumption favors the validity of the act If it is of doubtful legality, these presumptions save it. The legislative department presumably acts for the public good, or in recognition of obligations reasonably due from the public, when the fact does not palpably appear that it acts beyond the constitutional limits which alone control it A most eminent judge and author says: 1 Cooley on Taxation (3d Ed.) 182. Judge Cooley also says: ...
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... ... It is interesting to observe that the earliest case interpreting the legislative powers under Article VI, Section 39, Wooddall v. Darst, 71 W.Va. 350, 77 S.E. 264, 80 S.E. 367, 44 L.R.A.,N.S., 83, held that the powers therein granted to the legislature were 'conclusive and not subject ... ...