THE STATE OF FLORIDA, PLAINTIFF IN ERROR,
v.
ANDREW PATTERSON, DEFENDANT IN ERROR
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The Florida Supreme Court struck down a segregation law as violating the Fourteenth Amendment because Section 7 of the act discriminated based on race in allowing some nurses but not others to accompany children and invalids across racial car compartments. Finding Section 7 unconstitutional, the court held the entire statute void because the legislature's intent relied on that provision.
Section 7 of the act is unconstitutional as it discriminates between races in violation of the Fourteenth Amendment by granting privileges to one race's nurses while withholding them from another's. The entire act must be declared void because the legislature expressly intended for colored nurses to be exempt from penalties under Section 7, making the remaining provisions unworkable without it.
“Section seven (7) of the questioned act is violative of Section 1 of the Fourteenth Amendment to the Constitution of the United States, in that it discriminately abridges the privileges and immunities of one class of citizens of the United States by giving to another class of such citizens privileges that are withheld from the class discriminated against.”
Establishes the core constitutional violation—racial discrimination in privileges and immunities under the Fourteenth Amendment.
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Join FLexlaw to unlock all legal intelligenceA statute established segregated railway cars with a provision (Section 7) that exempted African nurses attending Caucasian children or invalids from …
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Taylor, J.,
(after stating the facts.) The order of the Circuit Judge discharging the petitioner from further custody is the only error assigned.
We are entirely clear that Section seven (7) of the questioned act is violative of Section 1 of the Fourteenth Amendment to the Constitution of the United States, in that it diacriminately abridges the privileges and immunities of one class of citizens of the United States by giving to another class of such citizens privileges that are withheld from the class discriminated against. It gives to the Caucassian mistress the right to have her child attended in the Caucassian department of the car by its African nurse, and withholds the right from the African mistress the equal right to have her child attended in the African department of the car by its Caucassian nurse. It also discriminates between the races in that it gives to the invalid adult Caucassian, man or woman, the right ix. be attended in their department of the car by his or her coloi'ed nurse, and withholds from the African invalid the corresponding right to be attended in his or her department of the car by his or her white nurse. It also gives to the African nurse the right to space in either department of the car and withholds from the Caucassian nurse the same privilege, thereby discriminating between the races in favor of the African nurse as against the Caucas sian nurse belonging to the same occupational class of persons.
Finding that the seventh (7) section of the act is unconstitutional and void, the question arises does its taint necessarily vitiate the entire act? We are likewise clear that it does. The legislature in the enactment of the said section seven of the act have in express terms recorded its intent that African nurses in charge of Caucassian children or adult invalids should not be subject to the pains and penalties of the other provisions of the act when with such Caueassian children or invalids they invaded the Caueassian department of a car, to strike said section seven from the act and to maintain the remaining provisions thereof would inevitably subject to the pains and penalties of the act a class of persons, to-wit: colored nurses, in the face of the expressed intention of the legislature that they should not be so subject. The settled rule is that if the obnoxious section or part is of such import that the other sections or parts without it would cause results not contemplated or desired by the legislature, then the entire statute must be held inoperative. I Lewis Sutherland Statutory Construction (2nd ed.) Sec. 297; Connolly v. Union Sewer Pipe Co., 184 U. S. 540, 22 Sup. Ct. Rep. 431. For these reasons we must adjudge the whole act to be unconstitutional and void. It follows that the judgment of the Circuit Court in said cause must be affirmed and it is so ordered at the cost of the county of Duval.
All concur.
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Cited By (18 total)
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The State of Fla. ex rel. Edward H. Clarkson v. Philips, 70 Fla. 340 (Fla. 1915)…, 56 Fla. 545, 47 South. Rep. 1001, 20 L. R. A. (N. S.) 126; King Lumber Co. v. Atlantic Coast Line Ry., 58 Fla. , 50 South. Rep. 509; Hayes v. Walker, supra; Connolly v. Union Sewer Pipe Co., 184 U. S. 540, 22 Sup. Ct. Rep. 431; State v. Patterson, 50 Fla. 127, 39 South. Rep. 398.” “While there may be 110 absolute private property right in game in its natural condition, and while the State may by statute regulate the use of game in any manner and to any extent desired by the lawmaking power, yet the bene…
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Hayes v. Walker, 54 Fla. 163 (Fla. 1907)…f the unconstitutional portion is of such import that the other portions, without it would cause results not contemplated or desired by the legislature in enacting the law, then tire entire statute must be held to be inoperative. State v. Patterson, 50 Fla. 127, 39 South. Rep. 398; Connolly v. Union Sewer Pipe Co., 184 U. S. 540, 22 Sup. Ct. Rep. 431; I Lewis’ Southerland Statutory Construction (2nd ed.) §297. Where provisions contained in an act violate some requirement of the organic law, or are not a p…
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Harper v. Galloway, 58 Fla. 255 (Fla. 1909)…6 Fla. 545, 47 South. Rep. 1001, 20 L. R. A. (N. S.) 126; King Lumber Co. v. Atlantic Coast Line Ry., 58 Fla. ..., 50 South. Rep. 509; Hayes v. Walker, supra; Connolly v. Union Sewer Pipe Co., 184 U. S. 540, 22 Sup. Ct. Rep. 431; State v. Patterson, 50 Fla. 127, 39 South. Rep. 398. Chapter 6005, Acts of 1909, regulates tire killing or taking and use of game in Marion County, by providing between what dates and in what numbers certain game may be killed or taken in that county. By section 8 of, the Act res…
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- Connolly v. Union Sewer Pipe Co., 184 U.S. 540 (U.S. 1902)