watson buck argued decided may thomas haight jersey city frank wideman washington louis frohlich herman finkelstein new york city manley caldwell west palm beach buck others tom watson atty florida lucien boggs jacksonville tyrus norwood asst atty florida andrew bennett washington george gibbs jacksonville fla watson others justice black delivered opinion broad outline cases involve constitutionality florida statutes regulating business persons hol ing music copyrights declaring combinations composers publishers owners copyrights illegal restraint trade american society composers authors publishers ascap one appellants one appellees combination controls performance rights major part available supply copyrighted popular music appellants appellees individual composers authors publishers music controlled ascap appellees appellants attorney general state prosecuting attorneys florida charged duty enforcing certain parts statutes question cases originally single action ascap sought enjoin state officials enforcing florida statute federal district composed three judges judicial code granted temporary injunction affirmed without passing upon merits constitutional questions involved gibbs buck supplemental bill complaint filed asking three judge enjoin florida statute relating subject final hearing three judge enjoined state officials enforcing part statute granted injunction certain sections act buck gibbs supp appeal ascap refusal enjoin state officials enforcing remainder act appeal state officials order granting injunction act certain sections act without passing upon validity thirteen sections subsections act held remaining eight sections deprived copyright owners rights granted federal copyright laws statute must fall entirety upon premise sections held invalid parts bill intended florida legislature form harmonious whole fall together ultimate questions involved must first determine whether ruling correct hold following reasons florida legislature expressed purpose directly contrary district finding legislature intended regard spelled section act clear emphatic language legislature section reads section sentence clause part act reason held declared unconstitutional imperative sic void holding invalidity shall affect remaining portions act shall construed legislative intent pass act without unconstitutional inoperative invalid part therein remainder act exclusion part parts shall held deemed valid excluded parts included herein flat statement florida legislature intended act stand enforced exclusion part parts might held invalid unless controlling decision florida courts compels different course federal courts justified speculating state legislature meant exactly opposite declared legislative intent florida recognizes seeks carry legislative intent thus expressed speaking similar severabi ity clause another statute said act whole evinces purpose part legislature impose license tax chain stores section provides section provision clause thereof act applied circumstances shall declared invalid unconstitutional invalidity shall affect portions act held valid shall extend circumstances held invalid liberal terms section may reasonably discerned legislature intended act review held good eventuality produce unreasonable unconstitutional absurd result test determine severance whether remainder act upheld rests fact whether invalid portion import valid part incomplete cause results contemplated ture louis liggett lee measured test error doubt section sections upon failed pass complete consistent statute purpose reality heart act comprising distinct legislative plan suppression combinations declared unlawful pointed sections passed outlaw combinations fix fees prescribe means whereby legislative proscription made effective since therefore phase act aimed unlawful combinations complete capable standing alone must consider separable phase statute determining whether injunction properly issued state officials matter fact record stands right ascap injunction depends upon phase statute determined validity invalidity particular sections thought inconsistent federal constitution copyright laws passed pursuant ultimate determinative question therefore whether florida power exercised outlaw activities within state price fixing combinations composed copyright owners considering question necessary explain discuss injunction rest upon phase florida statutory plan defendants injunction proceedings state attorney general charged responsibility enforcing state criminal laws state prosecuting attorneys subject attorney general authority performance official duties statutes us made duty state prosecuting attorneys acting attorney general direction institute state courts criminal civil proceedings original bill alleged defendants threatened unless statute terms hole thereof particularly complainants others similarly situated consequence complainants suffer irreparable injury damages supplemental bill contained similar allegations act bills drawn upon premise complainants entitled injunction restraining state prosecuting officers ing single part either lengthy statutes circumstances arise respect every one multitudinous regulations prohibitions contained laws answers state representatives specifically denied made threats whatever enforce acts complainants one else answer supplemental bill however said perform duties imposed upon act findings subject general effect threatened enforce state statutes complainants others similarly situated event complainants others similarly situated refuse comply said state statutes acts made unlawful said state statutes noted find threat enforce specific provision either law complete lack record evidence information sort show threat prosecute complainants one else connection specific clause paragraph numerous prohibitions acts subject possible exception discussed later possibly gathered meager record references vital allegation complainants bill though suits threatened criminal civil proceedings instituted particular proceedings contemplated state officials stood ready perform duties oath office acquire knowledge violations act state attorney general took position beginning construction earlier act duties kind imposed upon subordinates except relationship prohibited combinations type defined section federal injunctions state criminal statutes either entirety respect separate distinct prohibitions granted matter course even statutes unconstitutional citizen member community immune prosecution good faith alleged criminal acts imminence prosecution even though alleged unauthorized hence unlawful alone ground relief equity exerts extraordinary powers prevent irreparable injury plaintiff seeks aid beal missouri pacific railroad general statement officer stands ready perform duty falls far short threat warrant intervention equity especially true complete absence showin definite expressed intent enforce particular clauses broad comprehensive provisioned statute general statement equivalent threat prosecutions gegun immediately numbers manner indicate virtual certainty extraordinary injury alone justifies equitable suspension proceedings criminal courts imminence immediacy proposed enforcement nature threats actually made exceptional irreparable injury complainants sustain threats carried among vital allegations must shown exist restraint criminal proceedings justified yet lack consideration accorded aspect complaint complainants presenting case reaching decision clearly apparent failure give proper weight eyes essential prerequisite exercise equitable power clear import record thought federal finds state criminal statute unconstitutional mere statement prosecuting officer intends perform duty sufficient justification warrant federal enjoining state prosecuting officers way enforcing statute question however rule general rule equity interfere prevent enforcement criminal statute even though unconstitutional justify interference must exceptional circumstances clear showing injunction necessary order afford adequate protection constitutional rights said must appear danger irreparable loss great immediate otherwise accused first set defense state even though validity statute challenged ample opportunity ultimate review federal questions spielman motor sales dodge circumstances immediate danger irreparable loss shown tested rule therefore possible exception phase statute outlawing florida activities combinations declared unlawful section act shall later consider separately neither findings record based justified injunction state prosecuting officers addition fact situation meet tests laid decided cases scope two statutes illustrates wisdom policy judicial self restraint part federal courts suspending state statutes entirety upon ground complainant might eventually prosecuted violating part florida dual system government last word construction meaning statutes state never yet passed upon statutes us highly desirable opportunity separate sections two acts sections repetitious sections unimportant present purposes embraced within two acts many separate distinct regulations commands prohibitions one foresee varying applications separate provisions conceivably might made law constitutional applied one manner may still contravene constitution applied another since contingencies attempted enforcement envisioned advance applications courts main found wiser delay passing upon constitutionality separate phases comprehensive statute faced cases involving particular provisions specifically applied persons claim injured passing upon possible significance manifold provisions broad statute advance efforts apply separate provisions analogous rendering advisory opinion upon statute declaratory judgment upon hypothetical case course conceivable statute might flagrantly patently violative express constitutional prohibitions every clause sentence paragraph whatever manner whomever effort might made apply sufficient say statutes us type cases separate sections paragraphs acts tried state courts federal questions properly presented brought time record justify passing upon part statute except possibly phase prohibits activities florida combinations declared unlawful proof findings regard clear specific might nevertheless circumstances case proceed ultimate decisive question consideration case much confusion brought discussing statutes though power state prohibit regulate combinations restraint trade identical went power exercised congress sherman act note argument rests upon mistaken premise within province determining whether phase state statute comes collision federal constitution laws passed pursuant thereto scrutinize act order determine whether believe fair unfair conducive good evil people florida capable protecting defeating public interest state questions legislature florida decided unless constitutionally valid federal legislation granted individual copyright owners right combine state power validly prohibit proscribed combinations held merely individuals serve property rights better combination individuals find nothing copyright laws purports grant copyright owners privilege combining violation otherwise valid state federal laws fact determined contrary relation copyright privileges complainants urge distinction previous holdings question contention based idea congress granted copyright privilege relation public performances music reference protection particular privilege combination essential therefore asked conclude asserted necessities situation congress intended grant extraordinary privilege combination pointed nothing either language copyright laws history enactment indicate congressional purpose deprive either whole part power regulate combinations restraint trade compare pierce oil texas findings fact ascap comes squarely within definition combinations prohibited section act section defines unlawful combination aggregation authors composers publishers owners copyrighted vocal instrumental musical compositions form society association like members constitute substantial number persons firms corporations within control musical compositions one objects combination determination ation license fees exactions required combination members interested parties section act makes offense combinations act within state violation terms act found composers authors members ascap principal music publishers country members society controls right performance members similar societies foreign countries board directors ascap control fixing prices charged performance licenses since record findings ascap association within meaning section act called upon instance pass upon validity provisions contained numerous clauses sentences phases act might cover combinations us enough us say case phase florida law prohibiting activities unlawful combinations described section act contravene copyright laws federal constitution particular attacks upon specified provisions statutes involved appropriate determination proceeding erred granting injunction bill dismissed questions remain open consideration disposition appropriate proceedings reasons given judgment reversed cause remanded lower instructions dismiss bill judgment affirmed ordered reversed remanded part affirmed part justice murphy took part consideration decision case footnotes ch ch said remain sections effect declaring ascap similar societies illegal associations outlawing arrangements license fees proscribing making offense attempts collect section making persons acting combination agents liable penalties act section fixing penalties section giving state courts jurisdiction enforce act civilly criminally sections prescribing procedure possible exception section nowhere course opinion sections held invalid secretary state state comptroller added parties defendant supplemental bill complaint filed october ground given compolainants adding parties certain duties imposed officials act duties however required certain fees collected actions brought enforce law course litigation florida three attorneys general present attorney general took office january parties joined motion substitute defendant place predecessor office objection substitution motion granted arkansas corporation commission thompson railroad commission texas pullman co railroad commission texas rowan nichols oil thompson magnolia petroleum ex parte baldwin gilchrist interborough rapid transit referred recent consent decree ascap federal district southern district new york theory decree might bearing upon state power pass legislation attack matters relating purely intrastate transactions state might pass valid regulations prohibit restraint trade even federal government law whatever reference similar matters involving interstate transactions concluded matter law said statute necessary protect serve public interest state florida interstate circuit cf fashion originators guild america federal trade commission ethyl 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