Cases Adjudicated in the Supreme Court of Florida Volume 70

Cases Adjudicated in the Supreme Court of Florida Volume 70

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 edition. Excerpt: ...for the purpose designed, and will not cause results not intended by the Legislature, and it does not appear that the statute would not have been enacted without the invalid portions, the invalid portions of the Act should be disregarded and the valid portions enforced if it can be done to effectuate the legislative intent. State v. Atlantic Coast Line R. Co.. 56 Fla. 617, 47 South. Rep. 969; State v. Tampa Waterworks Co., 56 Fla. 858, 47 South. Rep. 358, 19 L. R. A. (N. S.) 183; El Paso & N. E. Ry Co. v. Gutierrez, .215 U. S. 87, 30 Sup. Ct. State ex rel. Clarkson v. Philips.--Opinion of Court. Rep. 21. It is presumed that the lawmaking power intended a valid, constitutional enactment. Only the valid legislative intent becomes the law to be enforced by the courts. The legislature is presumed to act within its powers, and its lawmaking discretion within its powers is not subject to review by the court. Harper v. Galloway. 58 Fla. 255, 51 South. Rep. 226; Dutton v. Priest, 67 Fla. 370. Section 25 of Chapter 6535 and Section 19 of Chapter 6969 differ mainly in that under the Act of 1913 the applicant is not required to state that he has been a bona fide resident "of the county for six months then last past," while under the Act of 1915 he is so required. If the statute unlawfully discriminates against citizens of the State who have not been residents of a county for six months, because of removals from one county to another or elsewhere, the relator does not show by the writ that he is one of the class so affected, but on the contrary it was admitted at the argument on the demurrer in this original proceeding in this court, that the relator had been a resident of Duval county for some years. In so far as the relator's...show more

Product details

  • Paperback | 198 pages
  • 189 x 246 x 11mm | 363g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236877357
  • 9781236877352