VOL. XXV.] Entered at the Post-Office at Northport, N. Y., as second-class matter. Copyright, 1922, by Edward Thompson Co.

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[No. 12

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A Page from RULING CASE LAW

With marginal annotations illustrating its extensive use in current opinions

Entire section 87
quoted in

State v. Packard

35 N. D. 313.

Entire section 87
referred to in

6 R. C. L.

14

87. Rule Stated.--Before a law can be attacked by any person on
the ground that it is unconstitutional, he must show that he has an
interest in the question in that the enforcement of the law would be
an infringement on his rights.13 One who is not prejudiced by the
enforcement of an act of the legislature cannot question its constitu-
tionality, or obtain a decision as to its validity on the ground
that it impairs the rights of others.15 It has been said that courts
cannot pass on the question of the constitutionality of a statute ab-
McGlue V. Co. Coms. stractly, but only as it applies and is sought to be enforced in the
government of a particular case before the court, for the power to
revoke or repeal a statute is not judicial in its character.16 An ex-
ception to this rule has been recognized in some jurisdictions in the
case where the jurisdiction of the court itself depends on the validity
of a statute, and the attention of the court is brought to that fact
by persons interested in the effect to be given to the statute, al-
though not actually interested in the case before the court.1

225 Mass. 60.

Entire section 87

cited in
Land v. State,
81 So. 159
Florida.

Entire section 87

cited in

State v. Heffernan,
40 R. I. 121.

Entire section 87
cited in

Coman v. Baker,
179 S. W. 939
Texas.

Entire section 87
cited in

Gay v. Dist. Ct.,
41 Nev. 330.

Entire section 87
cited in

McCoy v. Davis,
38 N. D. 328.

88. Interest as to Discriminatory Laws.-Where the class which
includes the party complaining is in no wise prejudiced the general
rule is that it is immaterial whether a law discriminates against other
36 Utah 406, 104 Pac. 285, 140 A. S.
R. 834.

13. Brown v. Smart, 145 U. S. 454,
12 S. Ct. 958, 36 U. S. (L. ed.) 773;
Red River Valley Nat. Bank v. Craig,
181 U. S. 548, 21 S. Ct. 703, 45 U. S.
(L. ed.) 994; Hoker v. Burr, 194 U. S.
415, 24 S. Ct. 706, 48 U. S. (L. ed.)
1046; Citizens' Nat. Bank v. Common-
wealth of Kentucky, 217 U. S. 443,
30 S. Ct. 532, 54 U. S. (L. ed.) 832;
Brown-Forman Co. v. Commonwealth
of Kentucky, 217 U. S. 563, 30 S. Ct.
578, 54 U. S. (L. ed.) 883; Franklin
County v. State, 24 Fla. 55, 3 So. 471,
12 A. S. R. 183; People v. McBride,
234 Ill. 146, 84 N. E. 865, 123 A. S. R.
82, 14 Ann. Cas. 994; Fesler v. Bray-
ton, 145 Ind. 71, 44 N. E. 37, 32
L.R.A. 578; Isenhour v. State, 157 Ind.
517, 62 N. E. 40, 87 A. S. R. 228;
Sullivan v. Berry, 83 Ky. 198, 4 A. S.
R. 147; In re Wellington, 16 Pick.
(Mass.) 87, 26 Am. Dec. 631; Wiles
v. Williams, 232 Mo. 56, 133 S. W. 1,
34 L.R.A. (N.S.) 1060; State v. Blake,
241 Mo. 100, 144 S. W. 1094, Ann.
Cas. 1913C 1283; Cram v. Chicago, B.
& Q. R. Co., 84 Neb. 607, 122 N. W.
31, 21 L.R.A. (N.S.) 1022; People v.
Turner, 117 N. Y. 227, 22 N. E. 1022,
15 A. S. R. 498 and note; Pugh v.
Pugh, 25 S. D. 7, 124 N. W. 959, 32
L.R.A. (N.S.) 954; State v. Candland,

14. Walsh v. Columbus, H. V. & A.
R. Co., 176 U. S. 469, 20 S. Ct. 393,
44 U. S. (L. ed.) 548; Vought v. Co-
lumbus, H. V. & A. R. Co., 176 U. S.
481, 20 S. Ct. 398, 44 U. S. (L. ed.)
554; District of Columbia v. Brooke,
214 U. S. 138, 29 S. Ct. 560, 53 U. S.
(L. ed.) 941; New York Life Ins. Co.
2. Hardison, 199 Mass. 190, 85 N. E.
410, 127 A. S. R. 478; Cram v. Chi-
cago, B. & Q. R. Co., 84 Neb. 607, 122
N. W. 31, 26 L.R.A. (N.S.) 1022, 85
Neb. 586, 123 N. W. 1045, 19 Ann.
Cas. 170 and note; Newport v. Horton,
22 R. I. 196, 47 Atl. 312, 50 L.R.A.
330.

15. Smiley v. Kansas, 196 U. S. 447,
25 S. Ct. 289, 49 U. S. (L. ed.) 546;
Knight, etc., Co. v. Miller, 172 Ind.
27, 87 N. E. 823, 18 Ann. Cas. 1146;
Kansas City v. Union Pac. Ry. Co., 59
Kan. 427, 53 Pac. 468, 52 L.R.A. 321;
Sullivan v. Berry, 83 Ky. 198, 4 A. S.
R 147; State v. Haskell, 84 Vt. 429, 79
Atl. 852, 34 L. R. A. (N.S.) 286; Mc-
Kinney v. State, 3 Wyo. 719, 30 Pac.
293, 16 L.R.A. 710.

16. Note: 12 A. S. R. 827.

17. New York Life Ins. Co. v. Har-
dison, 199 Mass. 190, 85 N. E. 410, 127

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