I concur in the result of this opinion only. An unconstitutional act never gets too hoary or gray-haired, that its invalidity cannot be questioned in the courts. Lapse of time does not make an unconstitutional act constitutional. Nor does the failure of the Legislature to act do more than give a legislative construction of the validity of the law, which while persuasive is not binding upon the courts. The last paragraph of the opinion suffices for my limited concurrence. *Page 158