Dutton Phosphate Co. v. Priest

Citations

• 67 Fla. 370
• 65 So. 282

Syllabus

<p>1. The word “company” as used in Secs. 3152, 3153 Gen. Stats, includes “corporations.”</p> <p>2. The guaranties of due process of law and of equal protection of the laws contained in the Fourteenth Amendment are expressly applicable to the States, and protect corporations as well as individual persons.</p> <p>3. A corporation is not a citizen within the protection of the “privileges and immunities” provisions of the Federal Constitution.</p> <p>4. The provisions of the organic law that no person shall b< deprived of life, liberty or property without due process of law, nor denied the equal protection of the laws, are not intended to hamper the States in the discretionary exercise of any of their appropriate sovereign governmental powers, unless substantial private rights are arbitrarily invaded by illegal or palpably unjust, hostile and oppressive exactions, burdens, discriminations or deprivations.</p> <p>5. Where a statute may be so construed as to render it unconstitutional, a construction in accord with organic law should be adopted when it can fairly be done; and when by a just and reasonable construction of a statute with reference to-the object designed, its operation and effect will not violate the constitution, a party attacking the statute on the ground that it may be so construed as to invade private rights secured by the constitution, must show that in the case he presents, the effect of applying the statute is to deprive him of a constitutional right.</p> <p>6. The application of a statute in a particular case may violate organic law, but the statute as framed may not be unconstitutional when properly applied.</p> <p>7. All property rights are held and enjoyed subject to the fair exercise of the State’s police power to establish regulations that are reasonably necessary to secure the general welfare of the State.</p> <p>S. The wisdom and necessity, as well as the policy, of a statute are authoritatively determined by the legislature.</p> <p>Í). Court