State ex rel. Arpen v. Brown

Citations

• 19 Fla. 563

Syllabus

<p>1. The act of March 3, 1883, relating to granting licenses for the sale of intoxicating liquor’s, so far as it requires that an applicant for a license shall produce to the Board of County Commissioners an application signed by a majority of the registered voters in the election district in which he desires the privilege to sell, and otherwise comply with the terms prescribed, is a valid act, not repugnant to the Constitution of this State or of the United States.</p> <p>2. The fifth and sixth sections of the act, which seek to invest the Board of County Commissioners with judicial power .to hear, try and determine a complaint against the holder of a license, and to impose a penalty by revoking the license, are void, as they create a court not authorized by the Constitution.</p> <p>3. An act may be void in part without affecting other parts of it, if that which remains is capable of being executed in accordance with the purposes of the Legislature wholly independent of that which is rejected.</p>