Prairie Pebble Phosphate Co. v. Silverman

Citations

• 80 Fla. 541
• 86 So. 508

Syllabus

<p>1. All contracts are subject to valid governmental regulations, and the organic law forbids a violation of the obligation of contracts that are lawful when made and that are not subject to the fair exercise of sovereign governmental power to conserve the general welfare.</p> <p>2. Ghapter 6914, Acts of 1915, as made applicable to the merchandise order given in payment for labor in this case, is not unconstitutional.</p> <p>3. The provision of Chapter 6914, Acts of 1915, relating to attorney fees, is not covered by the title of the Act as required by Section 16, Article III of the Constitution, and is, therefore, not effective as law.</p> <p>4. 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 unconstitutionally 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.</p> <p>5. An elimination of the provision as to attorney fees does not affect the other portions of Chapter 6914, Acts of 1915.</p> <p>6. A remittitur permitted as stated in the opinion.</p>