The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1905-08-01
SUPREME COURT
|. DECISION ON
|. JIM CROW LAW
Al Judges COncuring in Holding
Law as Passed UnCOn-
stitHtiOnaI.
DISSEMINATION
In Granting Rights to One Class
Denied to Another.
DISSEMINATION
GROUND UPON WHICH TIE DEcl-
SION WAS RENDERED-wHoLE
ACT DECLARED VOID AND I'm.
CONSTITUTIONAL BECAUSE OF
PROVISIONS IN SECTION SEVEN.
Special to The journal.


Tallahassee. July 31.-The decision
Q. the florida Supreme Court in the
avery Jim Crow law appealed from
Duval county, after reciting the law
a. passed by the legislature and the
iscts in the case under consideration
State Of Floriaa VS.. Andrew Patter-
SON is as follows:
The order of the Circuit judge dis
charging the petitioner from further
custody is the only error assigned.
We are entirely clear that section
seven CO of the questioned act is VIC
latye Of section / of the Fourteenth
Attachment to the Constitution of the
United States, in that It discrimina-
uyely bridges the privileges and i'm
uuznes Of one class of citizens Of the
United states By giving to another
class OF such citizens privileges thai
are withheld from the class discrimt
mated against K gives 20 the cauca'
San mistress the right 10 have he
child attended in the caucasian oe'
partment of the car by its African
nurse, and withholds the right from
The African mistress the equal right
10 the African department of the
car BY its caucasian nurse. 1t also
6iscriminates between the races in
thar ii gives 10 the invalid adult eau
fasian. man or woman. the right to be
fUended in their department of the
tar by his or her colored nurse, and
Fithholds from the African invalid the
corresponding right to be attended in
heir department of the car by his or
Der white nurse. II also gives TO the
A1rican nurse the right TO space in
fiher department of the car and with
lo-ds from the caucasian nurse the
sme privilege. thereby discriminating
ts'ween the races in favor of the
african nurse as against the caucasian
t1rse belonging 70 the same occupa.
t0lal class Of persons.
Finding that the seventh CD section
q NE act Is unconstitutional and void,
ne question arises does its faint nee
sssarily riuate the entire act? We
are likewise clear that 1t does. The
agslature in the enactment of the
Sld section seven Of the act have ia
tApress terms recorded its intent that
african nurses in charge Of caucasian
children or adult invalids should not
subject to the pains and penalties
lae other provisions of the act when
IN such caussian children or inva-
q hey invaded the caucasian de-
arment Of car, TO strike said sec
ln seven from the act and to main
%h me remaining provisions thereof
VAC inevitably subject to the pains
- penalties Of the act a class q
lsons to-wit: cOlored nurses. in
lace Of the expressed intention OF
- iegislature that they should not be
subject. The settled rule is that II
obnoxious section or part is OF
- import that the other sections of
- without il would cause results
- .eoniemplated or desired BY the
,s1Ature. then the entire statute
G. Dc held imperative. l Lewis
- .'s7'.and Statutory Constitution
- ca Sec. 2S7; Connolly VS.. Union
= Pipe Co, 1S4 II. S. $40. % Sup.
Hel. 81 For these reasons we
49,, -. .eoladge the whole act to be un-
-. ]. ulonal and voio. Il follows
ne Judgment of the Circuit Court
- cause must be affirmed and il
Tn Oreered al the cost Of the county
session by Taylor J., all concurring.