Hayes v. Walker

Citations

• 54 Fla. 163

Syllabus

<p>1. Where provisions contained in an act violate some requirement of the organic law, or are not a part of, or properly connected with, the subject expressed in the title of the act, and such part so unconstitutional or so illegally embraced in the act can be eliminated or disregarded without destroying the effectiveness of the act for the purpose intended, the illegal part should be so eliminated or disregarded, and the valid portion held to be operative; but if the illegal part be of such import that the other portions of the statute, without it. would cause results not contemplated or desired by the legislature, then the effectiveness of the act for the purpose intended is impaired, and the entire statute must be held to be inoperative.</p> <p>2. The title of Chapter 5857, acts of 1907, entitled “An Act to Extend the Corporate Limits of the City of Tampa,” clearly expresses one general subject, and a provision in said act that the added territory shall not be liable for nor taxed to ' pay any existing bonded indebtedness of the city' of Tampa is germane to and properly connected with the subject expressed in the title. Only the subject and not matter properly connected therewith is required by the constitution to be expressed in the title of the act.</p> <p>3. The constitutional provisions requiring a uniform and equal rate of taxation, and a just valuation of all property, and that incorporated cities or towns shall impose taxes for municipal purposes and for no other purposes, and that all property shall be taxed for municipal purposes upon the principles established for State taxation, do not prohibit the legislature from making proper and reasonable classifications of property for purposes of municipal taxation, so long as such classifications are not arbitrary, unreasonable and unjustly discriminating, and apply similarly to all under like conditions and do not violate any other provision of the organic law. Hocker and Parkhill, JJ., not concurring.</p> <p