State Ex Rel. Foster v. Naftalin

I am of the opinion that our decisions in Bull v. King, supra, and Freeman v. Goff, supra, should be overruled as against the trend of modern authority and that we should adopt what has been designated as the “rule of severability.” Thereunder, an enactment of the legislature, some minor section of which contains a material variation from that signed by the Governor, would not be held invalid as to those sections to which the variance had no relation, and which therefore could be fully executed on the basis of the specific language thereof. Under this rule, if applied in the instant case, L.…