State Ex Rel. Chess & Wymond Co. v. Grace

HIGGINS, Justice.

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…