State ex rel. Haley v. Stark

Citations

• 18 Fla. 255

Syllabus

<p>1. An act vesting discretion in the owners of one-lialf of the bonds of a city and twenty of its residents, by which they- can dissolve the existing corporation having an elective system of government organized under an act creating a uniform system of municipal government, and re-incorporate the municipality with another and different form of government, under which the principal officers are appointed by the Governor, is unconstitutional. The power and duty o£ the Legislature under the Constitution is limited to the establishment of a uniform system.</p> <p>2. Where the legislative intent is that the whole of a statute shall operate to accomplish an evident end and purpose, if that portion of the act providing for the accomplishment of the final purpose ' is unconstitutional, the dependent and initiatory provisions of the act must fall also. Where an act provides for the dissolution and re-incorporatiou of a municipality, and it is clear that the dissolution is authorized only as a step looking to and a foundation for the re-incorporation, if that portion which provides for'the re-incorporation is unconstitutional, the whole act must fail.</p>