Noble v. State

Citations

• 68 Fla. 1
• 66 So. 153

Syllabus

<p>1. The organic declaration that “all men are equal before the law” may be regarded as a guarantee that all persons shall have equal consideration and protection of the law for the maintenance and security of the rights to which they are legally entitled.</p> <p>2. The exercise of the police power of the State necessarily involves appropriate discriminations; and the fundamental law only requires that such discriminations shall not be arbitrarily unjust or oppressive as they affect the rights of persons.</p> <p>3. The Legislature may regulate some occupations and not regulate others, when private rights secured by the Constitution are not thereby invaded and the regulations that are provided operate with substantial fairness upon practically all persons similarly situated, so that the governmental authority be not arbitrarily exercised to injure the substantial rights of or to oppress any person.</p> <p>4. Legislative authority to regulate intrastate occupations is 'continuous and is subject to unlimited division when organic provisions are not violated.</p> <p>5. Classifications of persons in legislative regulations may be on any practical substantial basis that has relation to the subject regulated and that is not purely arbitrary and essentially unjust in its operation upon the rights of persons.</p> <p>6. If the organic declaration that “all men are equal before the law” is given the force of a guarantee of equal protection of the laws, it is not violated when a legislative regulation within the police power of the State is made applicable to all persons as a class who are similarly situated and conditioned with reference to the regulation and the classification is not purely arbitrary.</p> <p>7. Chapter 6192, Acts of 1911, does not impose unusual or unreasonable restrictions upon the lawful occupation of practicing dentistry or dental surgery or prescribe arbitrarily unreasonable conditions upon the right 'to engage in such occupation so as to invade private