The opinion
Mr. Justice Garwood
concurring.
Like Judge Griffin I think the exception portion of the statute quite extraordinary in its consequences, if we apply the construction given by the court to various other fact situations readily imaginable. Nor, in my opinion, does proper judicial technique exclude this method of testing the soundness of a particular construction merely because we may thus think about situations not themselves before the court. On the other hand, I am unable to give the exception any meaning at all unless by adopting the construction chosen by the court; and it is almost too much to accuse the legislature of saying nothing at all, despite its use of a considerable number of serious sounding words. Under these circumstances it would seem justifiable to rely on the implication from Culberson v. Ashford, cited by the court, even though one does not know by what process the implied conclusion in question was reached. I therefore concur in the opinion of the court to the extent that it rests on the decision mentioned.
Opinion delivered January 27, 1954.