State ex rel. Chess & Wymond Co. of Louisiana v. Grace
Decision Date | 21 June 1937 |
Docket Number | 34388,34389 |
Parties | STATE ex rel. CHESS & WYMOND CO. OF LOUISIANA v. GRACE. STATE ex rel. LAZARUS v. SAME |
Court | Louisiana Supreme Court |
Rehearing Denied July 8, 1937
Appeal from Nineteenth Judicial District Court, Parish of East Baton Rouge; Charles A. Holcombe, Judge.
Proceedings by the State, on the relation of the Chess & Wymond Company of Louisiana and Eldon S. Lazarus, respectively, for a writ of mandamus to Lucille May Grace, register of the state land office. From a judgment of dismissal, relators appeal.
Affirmed.
George Wesley Smith, of Monroe, S.W. Plauche and N. F. Anderson both of Lake Charles, and Thompson L. Clarke, of Monroe, for appellant Chess & Wymond Co.
Lazarus Weil & Lazarus, of New Orleans, for appellant Eldon S. Lazarus.
Gaston L. Porterie, Atty. Gen., Lessley P. Gardiner, Asst. Atty. Gen., and Henry B. Curtis, Sp. Asst. to Atty. Gen., for appellee Lucille May Grace.
Harry P. Gamble, of New Orleans, Rownd & Tucker, of Hammond, and William W. Ogden and Rodney P. Woods, Jr., both of New Orleans, amicus curiae.
Emmet Alpha, of New Orleans, amicus curiae, for Property Owners Ass'n of New Orleans and others.
O'NIELL, C. J.
OPINION
This is an appeal from a judgment holding that Act No. 183 of the Legislature of 1936, amending and re-enacting Act No. 161 of 1934 and Act No. 14 of the Fourth Extra Session of 1935, is unconstitutional, being violative of the provisions of article 4, section 13, of the Constitution of 1921. The crux of the case is whether or not the provisions of the statute are separable, for one part of the act is so obviously unconstitutional, its invalidity is conceded. However, relators contend that the provisions of the act are separable, i. e., that the unconstitutional part does not affect the valid part, and therefore the legal expression of legislative will should be enforced. Respondents argue that the purposes of the statute, as expressly declared therein to be the intention of the members of the Legislature, are so interwoven that the unconstitutional part, which is an important feature and integral part of the act, taints the entire statute and makes it void in toto.
The learned trial judge, in a well-written opinion, so clearly states the issues, analyzes them and supports his conclusions with pertinent authorities, we quote it in full with our approval:
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