The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1881-07-05

the ehazscsR u TIE eoseynne6t 'Ihe LeRisla-
- lnsf a - = n ~ taglsilaA 6At. Nn-
- - municipal government; s1d second, TIE
syeMm mase bsA uaIzbsa syslem. The lCoassi-
- -. iAReET . vellssAxes jasfaU n
10 Nspert N plain and nnmistakAhIe terma
Mssss = usesu1gy ~ slabsslzg sAessfrsp-
my spplicztion % tAe qu(sticds dezirihsd here,
s1s14lh WisADat eHoePeien sAes ogBe9msDn -
smeh, and ne asa Witheut ihe lsast deuhH in The
he oeiy othssr mater which xe u. deem il nee
essasy 70 consider, 10 tAs pEoposition that while
3 6 6. ss .s.Rs e 3 R9s: g. .ssss ss ss;
tn1isna1s - paE9Whieh anlhneiess aAe dissola-
tioa may be elective This question We must
cDn1i4ess becahse 'upbu ~ solaliOd depends the
right of the party claiming saikle nndef TIE go
eEal act for the incppoEatiqn of cities and under
he oct regulating proceedings In gao nsrTsnto.
q ~ aaozaiDa0t he1e, md - ester 51&gmankssssi
.KAa Wla % s1nounced hy Judge Coaley, and
q esl66Iisked By the authorities, Is: II stat
ute xtfemf8 10 acctmpIhh ywo Or more 6tjecs,
ana b Ssia - 10 ons b my still - n EVERY ves
epaet, ,enmplste and valid a 70 lie .csher. But
ps[Pess |. g 2 {: ssss.pl'se sleEls 5: ohisss e:
whots musf fhil unle@ sullcienf rsmains 10 e.
fect ths objess without the aid Of the invalid
portion And II they are 50 mutually connected
with and dependent on each other as conditions,
considerations o. compensafions for each other,
% to warrant the belief that the Legislature M
tended than as . whole, and if all could NOT be
carried into effect the Legislature would not pass
the residue independently; then, II some parts
ere uncewtitutiaaA4 I'll abe provisions which
are thus dependent must fall with ,them-n-
Can We give this act effect as an act 70
dissolve municipal corporations Is such o
coucIusion consstens with the legislative inseutf
rzf NJ ifn R>af
dissolve and TO re-incoFporate., a general stat
ute, Chapter 3S17, Laws1 passed at the same
session Of the legislature with this act provides
q general method by which municipal curpova-
tons may surrender their franchises. That
method isby favorable vote of thirds of the
voters voting at an election called 10 determine
that question. The dissolution provided for
here in the statute being considered is bat q
condition precedent, and means By which q
reorganization was 10 be rendered necessary.
The legislative intent here was to give to cities
indebted in the manner stated in the act, new
form of municipal government with peculiar
and special powers, By which they might COM
promise and settle their debts The dissolution
was provided for simply as . method by which
to reach that end II was not the purpose to
dissolve if the reorganization was not TO be had
The power to dissolve was given simply as an
initiatory step 70 the contemplated reUFganiza-
ti0u, and if the reorganization in the manner
PROVIDED CANNOT De had, then those prOvelonS OF
the law, which are in the statute simply as
means and method to accomplish this primary
purpose of the act. must fall alse. The whsle
Of this act must fall unless the portion not op-
posed to the Constitution can stand by ITSELF"
and 1t is evident that, in the legislative intent
il was not to be controlled or modified in its
construction and effect by the part which is
void"
Our conclusion is that the entire act must tall.
In what we have said it must be understood
that we do not decide or hold that the Legislar
tnre can, under the Constitution; aathogize the
holders Of one-half Of the bouds Of an indebted
corporation, to dissolve such corporation; nor do
we mean to say that the act, stripped Of The dis
cretion vested in the bondholders would be
constitutional We decide the precise case be-
fore us-nothing more. We say that even il
such power exists it Is here 30 exercised that it
cannot Be given effect and operation
Judgment Of custer against the respondent.