Berry v. Gordon

Boyd Tackett, Special Justice.

In a petition for rehearing the appellant insists that we were in error in holding that the provisions of Act 399 are severable to such an extent that Sections 1 and 2 can stand even though Section 3 is held to be unconstitutional. In the brief submitted in support of the petition .for rehearing much stress is laid upon the fact that Act 399 does not have a separability clause. Hence, it is suggested, the entire act must fall.

We adhere to our original opinion. It goes almost without saying that there has never been any requirement that an act must have a…