Davis v. Florida Power Co.

Citations

• 64 Fla. 246

Syllabus

<p>1. Where it is apparent that substantive portions of a statute have been omitted and repealed by the process of revision and re-enactment, courts have no express or implied authority t® supply the omissions that are material and substantive and not merely clerical and inconsequential, for that would in effect he the enactment of substantive law. The statute in such a case should he effectuated as the language actually contained in the latest enactment warrants; and words that were a part of the omitted substantive provisions, but are useless as re-enacted may be disregarded as mere surplusage, and appropriate effect should be given to the connected and complete terms and provisions as they appear in the re-enacted statute, when it can be done without violating the organic law or the legislative intent.</p> <p>2. In determining the legality and effect of a statutory regulation, the court should ascertain the legislative intent; and if the ascertained intent will-permit, the enactment should be construed and effectuated so as to make it conform to rather than violate applicable provisions and principles of the State and Federal Constitutions, since it must be assumed that the legislature intended the enactment to comport with the fundamental law.</p> <p>3 The discretion of the legislature when exercised for the public welfare in selecting the subjects of police regulations and in determining the nature and extent of such regulations, is limited only by the requirements of the fundamental law that the regulations shall not invade private rights secured by the constitution, and shall not be merely arbitrary in applying to some persons and not to others similarly conditioned.</p> <p>4. Where a statute does not violate the Federal or State constitution, the legislative will is supreme, and its policy is not subject to review by the courts, whose province is not to regulate, but to effectuate the policy of the law as expressed in valid statutes.</p> <p>5. The right to e