City of Jacksonville v. Bowden

67 Fla. 181
CourtSupreme Court of Florida
DecidedMarch 10, 1914
StatusPublished
Cited by67 cases

This text of 67 Fla. 181 (City of Jacksonville v. Bowden) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Jacksonville v. Bowden, 67 Fla. 181 (Fla. 1914).

Opinion

Whitfield, J.

This appeal is from an order restraining the City of Jacksonville and its officers from submitting to the voters of the city for adoption or rejection at an election called for October 28, 1913, certain ordinances that had been adopted by the city council under chapter 6705 Acts of 1913, and designed upon approval by the electors of the city to supersede portions of the city charter statutes. The suit is properly maintained by Bowden, a resident, citizen and taxpayer of the city. See Crawford v. Gilchrist, 64 Fla. 41, 59 South. Rep. 963.

The statute which was in effect held by the chancellor to be inoperative is as follows:

“Chapter 6705 — (No. 285.)

AN ACT Amending the Charter Affecting the Government, Powers, Duties, Jurisdiction, Officers, Boards and Elections of the City of Jacksonville, and extending and Enlarging the Powers of the Government of Said City, and Providing a Method Whereby the Charter of Said City May Be Hereafter Amended by Ordinance, Approved by the Electors of Said City, and to Repeal All Laws Inconsistent Herewith.

Be it Enacted'by the Legislature of the State of Florida:

Section 1. That the numbers, powers, duties, terms of office and the time and manner of election or appointment of any and all boards and officers of the City of [185]*185Jacksonville, whether created by or recognized in State Legislation or City ordinance, excepting only the legislative powers and duties of the City Council, may be amended and changed, and any and all boards and officers whether created by or recornized in State Legislation or City ordinance, may be abolished and new boards and officers created, by ordinance adopted by the affirmative vote of a majority of all the members of the City Council, and approved by the Mayor or passed over his veto, and at a special municipal election approved by the affirmative vote of a majority of the qualified electors of said City who shall vote thereon in such special municipal election;

Provided, that the first such special municipal election shall be held on a date to be fixed by the City Council not less than three months and not more than six months after the passage and approval of this Act.

Provided, further, that such ordinance or ordinances shall be published in one or more newspapers published in said City not less than three times- a week for eight weeks next preceding such special municipal election;

Provided, further, that the electors of said city shall be given an opportunity at such election or elections to vote separately upon each amendment to said charter, and upon the proposed change or changes as to each office to be affected thereby;

Provided, further, that this Act shall not deprive the City Council, under existing State legislation, of the power to create or abolish any office not created by or recognized in State legislation or by ordinance approved by the vote of the electors of said city.

Sec. 2. That all laws or parts of laws inconsistent herewith are hereby repealed.

[186]*186Sec. 3. This Act shall take effect immediately upon its passage and approval by the Governor.

Approved May 23rd, 1913.”

The ordinance sought to be submitted to the electors tor adoption or rejection is designed to transfer to the City Council some of the powers and duties now exer cised by the Board of Bond Trustees of the city under legislative enactment, and to define the powers and duties of the mayor with reference to the police force of the city. It apparently follows the authority expressly given.

It is contended in support of the order appealed from thfit the statute above set out is unconstitutional because if it attempts to authorize the municipality to repeal certain statutes, and because it attempts to delegate to the municipality the legislative powers of the State in violation of Sections 1 and 24 of Article 3, and Section 8,-Article 8 of the State Constitution.

The lawmaking power of the Legislature of a State is subject only to the limitations provided in the State and Federal Constitutions; and no duly enacted statute should be judicially declared to be inoperative on the ground that it violates organic law, unless it clearly appears beyond all reasonable doubt that under any rational view that may be taken of the statute, it is in positive conflict with some identified or designated provision of constitutional law. See State v. Frear, 142 Wis. 320; 125 N. W. 961, 20 Ann. Cas. 633; Wooten v. State, 24 Fla. 335; County v. City of Jacksonville, 36 Fla. 196.

In construing a statute it must be assumed that in its passage the Legislature intended to conform to the requirements and limitations of organic law, and to provide a valid effective statute in accord with all the provisions of the Constituion affecting the subject.

[187]*187Where one construction of a statute would render it unconstitutional and another construction that is fairly warranted by ts terms and purpose, would accord with organic law. the latter construction should be adopted, since legislation is subject to applicable limitations of the Constitution, and a valid statute is presumed to have been intended by the lawmaking power in its enactment. A statute should be so construed and applied as to make it valid and effective if its language does not exclude such an interpretation. See Peninsular Industrial Ins. Co. v. State, 61 Fla. 376, 55 South. Rep. 398; the Abby Dodge, 223 U. S. 166, 32 Sup. Ct. Rep. 310; Attorney General of the United Sates v. Central R. Co. of New Jersey, 213 U. S. 366, 29 Sup. Ct. Rep. 527.

It is essentially the duty of the courts to sustain the Constitution, and to decline to enforce a statute when its enforcement would violate organic law; yet in exercising the exceedingly delicate and responsible power and duty to declare legislative enactments to be contrary to the Constitution, and therefore inoperative, the courts should, to maintain the judicial authority unsullied, be assiduous to keep entirely within their own organic limitations, and to refrain from declining to enforce statutes except in cases- of clear and unmistakable violatons of the Constitution that require judicial action to give effect to the supreme law of the land on the subject, pursuant to the oath taken by all officials to “support * ':i * the Constitution.”

In order to justify the courts in declaring inoperative as a delegation of legislative power, a statute conferring particular duties or authority upon administrative officers, it must clearly appear beyond a reasonable doubt that the duty or authority so conferred is a power that appertains exclusively to the legislative department, and [188]*188the conferring of it is not warranted under the provisions of the Constitution.

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Bluebook (online)
67 Fla. 181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-jacksonville-v-bowden-fla-1914.