The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-01-29

originally enacted ana prior 70 its De
ing incorporated in and adopted as (
part OF such general statutes
/ IA. Where one of the assignments
of error is predicated upon the over
ruling of the motion for a new trial
an appellate court vii! consider only
such grounds thereof as are argued
and, where such motion Is submitted
without argument such assignment
presents nothing for consideration.
Judgment affirmed.
Robertson & Small, for plaintif in
error; no appearance for state.
The Seaboard Air Line hallway. a
corporation, plaintiff in error, vs..
Abraham Simon and Frank l. Simon,
partners as Abe Simon < Co. de-
PENDANTS in error. Jefferson county.
Whitfield, J.
/. Where the subject embraced in
the body of an act is less comprc-
hensive than. but is included within,
the subject expressed in the title the
provision of the constitution that each
law shall embrace but one subject and
matter properly connected Herewith
which subject shall be expressed in
the title. may not be violated, when
the subject expressed in the title is
not misleading.
-. The provision of the state con-
stituJion that no person shall be de-
prived of property without due pro-
cess of law, and the provisions of the
fourteenth amendment of the cOnsti-
tuition of the United States as to
property rights, extend to the prop
erty held and used by corporations,
since the beneficial ownership of such
property is in natural persons, anu
the law forbids DE doing by indi-
rection that which is forbidden to be
directly done.
3. The legality of cIassifications
adopted for legislative regulation may
be determined with reference to the
due process of law provision of the
state constitution. but as such de-
termination invoices a federal ques-
ton the decisions of the supreme
court of the United States control
f. CIassifications adopted for Iegis-
lative regulation should have some
just relation to, IOr reasonable basis
in, essential Differences of conditions
and circumstances with reference 10
the subject regulated, and should
not be merely obituary; and all SINH
Iarly situated Or having similar legal
duties and Obligations in regard to
the subject regulated, should be in
eIuded in one class, at least where
there are no. practical differences
that are sufficient to legally~,wa. rant
a further or special classification in
the interest d the general welfare.
5. The legal duties of persons,
firms or corporations operating rail
roads may bl of a peculiar nature
and essentially different from the du-
ties of other Common carriers. and as
to such mattGs they may be seDa-
Tately CLASSIFIED for purposes OF leg
islative regulation.
6. Where he subject of Tegula-
ton as in chipter 5424, acts of 1908,
is payment pr goods lost in transit
by a commo1 carrier, a subject as to
which the legal duties of all common
carriers are similar, and there ap-
pears to be no reasonable basis for
imposing theburden of the regulation
upon railroads alone A statute max
ing such regulation applicable to rail-
roads only provides for an unreason-
able clasSSSe1SSarton that in effect de-
process of law and the eqifaI PrUr5eta
tion of the laws in violation of con-
stitutiOnal rights, and such statute is
RemittituT or reversal ordered.
Geo. P. Raney, for plaintiff in error |
T. NJ. Puleston. for defendants in 1
error. /
The State of Florida. plaintiff in
error, VS.. Atlantic Coast Line Rail
road company. defendant in error.
Orange county. Whitfield, J.
l. In order to justify the courts in
declaring invalid as a delegation OF
legislative power a statute comforting
particular duties or authority UPON
officers it must clar-
" appear beyond a reasonable dOabt
hat the duty or authority so conftr-
'ed is a power that appertains exch-
,iveIy to the legislative departmeH,
and the comforting of it is not wal-
'anted by the provisions of the cor /
;titutior. I
2 The power accorded the Iegis
ature by the constitution for the pur,i $
pose of regulating interstate transA {
lortation by common carriers is not !
confined to making rules and regular n
ions The legislature has authority il
o do or to cause to be done every a
hing in any manner and by any |
means requisite to the complete and
sffectual exercise of the power pos I
5essed that is not an undOUbted VIC /
alton of some other provision of the /
constitution.
,. The constitution should be in /
erpreted so as not to render impo- |
ent or imperative. but so as to pre- !
serve and make effective, the sOver- /
ign power of the state in regulating
transportation by common /
,arriers; and the specific provisions /
If the constitution that the IegiSla- /
ure has power to pass laws to cor
ect abuses. and to prevent unjust /
determinations and excessive charges |
~ common carriers and others en-
,aged in rendering service Of a pub /
ic nature. should be so applied as to 4
accomplish the purposes expressed /
herein.
(. The legislature may not dele
rate the power to enact law or de-
Iare what the law shall be. or to ex-
rciSe an unrestricted discretion in /
IDpiying a law. but il may enact a |
aw complete IN itself designed to &C
.aIl.L .-a-.---L --LL.-.