PUBLIC UTILITIES - PRIVATE CARRIER CANNOT BE MADE A COMMON CARRIER BY LEGISLATIVE FIAT

Authors

Abstract

The appellant, a private carrier for hire, was arrested for operation of motor vehicles upon the state highways without having obtained a certificate of public convenience and necessity from the state railroad commission and without having paid the mileage tax required by the state statute. This statute also gave the commission power to fix and approve rates and schedules, and otherwise regulate carriers. It further stated that, if any of its provisions were held to be unconstitutional, the validity of the remaining portions should be unaffected. Laws of Florida, 1929, c. 13700. In view of this latter provision, the state supreme court held that the statute was constitutional as applied to appellant in that provisions of the statute, which were "legally applicable" only to common carriers, were not applicable to private carriers. It did not attempt to designate which these were other than to say that a private carrier must procure the certificate and pay the tax. Cahoon v. Smith, 99 Fla. 1174, 128 So. 632 (1930). Upon appeal to the United States Supreme Court, held, since no line of severance of provisions was indicated on its face, the statute applies in toto to all within its scope and, accordingly, violates the "due process clause" of the Fourteenth Amendment to the Constitution. Smith v. Cahoon, 283 U. S. 553, 51 Sup. Ct. 582, 75 L. ed. 812 (1931).

Recommended Citation

PUBLIC UTILITIES - PRIVATE CARRIER CANNOT BE MADE A COMMON CARRIER BY LEGISLATIVE FIAT, 30 Mich. L. Rev. 629 (1932).
Available at: https://repository.law.umich.edu/mlr/vol30/iss4/23