King Lumber & Manufacturing Co. v. Atlantic Coast Line Railroad

Citations

• 58 Fla. 292

Syllabus

<p>1. Tbe constitutional right of “acquiring, possessing and protecting property,” is not infringed by valid governmental regulations of tbe use of property employed in rendering a public service. Nor are tbe burdens of valid regulations tbat effect sucb property a taking or depriving of property without due process of law, or a denial of tbe equal protection of tbe laws.</p> <p>2. Tbe legislature has full power to pass laws regulating tbe intrastate business of common carriers, and when statutes providing such regulations do not violate some provision or principle of constitutional law governing tbe subject, the legislative will as expressed in a duly enacted statute should be enforced.</p> <p>3. The rule requiring classifications made by statutes to be reasonable bas reference to those who are affected by a regulation and not merely to the subject regulated.</p> <p>4. Where a regulation affects alike all similarly situated with reference to the subject regulated a wide discretion is accorded to the legislature in selecting subjects for regulation. A subject of legislative regulation may be comprehensive or restrictive where constitutional provisions are not violated.</p> <p>5. Sections 2864, 2865, 2866 General Statutes of 1906 regulating the transportation by a carrier of lumber or timber on “cars belonging to such carrier,” do not deny to the carrier the constitutional right of “acquiring, possessing and protecting property,” nor do they amount to a taking or a deprivation of property without due process of law, do not appear to be unreasonable and arbitrary in the classification of persons affected by the regulation so as to deny to the carrier the equal protection of the laws and do not constitute a burden upon interstate commerce.</p>