concurring specially: The plaintiff challenges the constitutionality of RSA chapter 507-E. Because I would reach the constitutional issue in this case, I concur in the result only. See J. BISHOP, COMMENTARIES ON THE WRITTEN LAWS AND THEIR INTERPRETATION § 35, at 32 (1882) (when a cause “involving a constitutional question” is squarely presented, the court “must interpret the constitution as to it. . . .”).