Ervin v. Collins

85 So. 2d 852, 59 A.L.R. 2d 706
Supreme Court of Florida·Decided March 5, 1956·Published·Cited by 71 cases

Opinion

85 So.2d 852 (1956)

Richard W. ERVIN, as Attorney General of the State of Florida, Appellant,
v.
LeRoy COLLINS, Individually, R.A. Gray, as Secretary of State of the State of Florida, and Peaslee Streets, Appellees.

Supreme Court of Florida. En Banc.

March 5, 1956.

*853 Richard W. Ervin, Atty. Gen., and Howard S. Bailey, Asst. Atty. Gen., for appellant.

R.A. Gray, Secretary of State, Tallahassee, in pro. per.

Chas. S. Ausley, D. Fred McMullen, Ben C. Willis, Tallahassee, and William A. McRae, Jr., Bartow, for appellee LeRoy Collins, individually.

Damon Yerkes, Jacksonville, for appellee Peaslee Streets.

TERRELL, Justice.

This is a suit for declaratory decree instituted by Peaslee Streets against LeRoy Collins, individually, and as Governor, R.A. Gray, as Secretary of State, and Richard W. Ervin, as Attorney General. The complaint prays the court to take jurisdiction of the subject matter and the parties and determine whether or not Honorable LeRoy Collins having been elected Governor in 1954 for the unexpired term of Honorable Dan McCarty, deceased, is eligible to reelection for the four-year term beginning on the first Tuesday after the first Monday in January, 1957. A rash of pleadings and orders followed the complaint but we refrain from detailing them as this would serve no useful purpose. At final hearing the chancellor found and decreed that the election of Honorable LeRoy Collins in 1954 to complete the unexpired term of Honorable Dan McCarty, deceased, did *854 not render him ineligible to run for and be elected Governor of Florida for the four-year term commencing in January, 1957. The Attorney General has appealed from the declaratory decree which was entered January 11, 1956.

The primaries for which all state and county candidates are required to qualify will be held May 8 and 29. Candidates for Governor and other state officers must qualify during the period from noon, February 21, to noon, March 6, 1956. The authority of the Attorney General to prosecute this appeal is not challenged. It is admitted that the question of eligibility of Collins to run for Governor at this time is of vital concern to the electorate of Florida and is of such public interest that it should be settled without delay. Section 12 of the complaint so alleges and the same section of the answer admits this allegation to be true. It is also admitted, or not questioned, that the Attorney General, being the legal representative of the people, should bring this question to the attention of the court for final adjudication. Section 16.01, Florida Statutes, F.S.A., State ex rel. Moodie v. Bryan, 50 Fla. 293, 39 So. 929, and State ex rel. Landis v. S.H. Kress & Co., 115 Fla. 189, 155 So. 823, recognize the Attorney General as the chief law officer of the state and absent express legislative restriction to the contrary, may exercise his power and authority in the premises as the public interest may require. When the public interest is involved a more liberal rule governs who may appropriately bring an action of this kind and prosecute it to this court, if need be. Chapter 87, Florida Statutes 1953, Declaratory Judgments, F.S.A., and other extraordinary remedies govern the procedure. We think the case is properly here. Watson v. Claughton, 160 Fla. 217, 34 So.2d 243; Holland v. Watson, 153 Fla. 178, 14 So.2d 200; Reiter v. Wallgren, 28 Wash.2d 872, 184 P.2d 571; Capital Stages, Inc., v. State, 157 Miss. 576, 128 So. 759.

This is the first time we have been confronted with the main question presented by the appeal. It is our view that the answer to it is found in the interpretation of Sections 2, 3 and 19, Article IV of the Constitution, F.S.A., the said provisions being as follow:

"Sec. 2. The Governor shall be elected by the qualified electors of the State at the time and places of voting for members of the Legislature, and shall hold his office for four years from the time of his installation, but shall not be eligible for re-election to said office the next succeeding term; Provided, That the first election for Governor under this Constitution shall be had at the time and places of voting for members of the Legislature and State officers, A.D. 1888, and the term of office of the Governor then elected shall begin on the first Tuesday after the first Monday in January after his election.
"Sec. 3. No person shall be eligible to the office of Governor who is not a qualified elector, and who has not been ten years a citizen of the United States, and five years a citizen and resident of the State of Florida, next preceding the time of his election; Provided, that these limitations of time shall not apply to the President of the Senate or Speaker of the House of Representatives when, under this Constitution, the powers and duties of Governor shall devolve upon them.
* * * * * *
"Sec. 19. In case of the impeachment of the Governor, his removal from office, death, resignation or inability to discharge his official duties, the powers and duties of Governor shall devolve upon the President of the Senate for the residue of the term, or until the disability shall cease; and in case of the impeachment, removal from office, death, resignation or inability of the President of the Senate, the powers and duties of the office shall devolve upon the Speaker of the House of Representatives. But should there be a general election for members of the Legislature during such vacancy, *855 an election for Governor to fill the same shall be had at the same time."

We are called on to construe the terms of the Constitution, an instrument from the people, and we are to effectuate their purpose from the words employed in the document. We are not permitted to color it by the addition of words or the engrafting of our views as to how it should have been written. The point of our concern at this time has to do solely with the eligibility, election and term of Governor. As pointed out by the chancellor, it must be presumed that those who drafted the Constitution had a clear conception of the principles they intended to express, that they knew the English language and that they knew how to use it, that they gave careful consideration to the practical application of the Constitution and arranged its provisions in the order that would most accurately express their intention.

Guided by the principles stated in the preceding paragraph, let us examine the quoted provisions of the Constitution. Section 2 has to do with the election and term of Governor, fixes the beginning and length of his term and inhibits his election to "said office the next succeeding term". Section 19 has to do with succession to the office of Governor in case of impeachment, death, resignation or inability of the Governor to discharge the duties of the office. It provides for filling the vacancy caused by death of the incumbent by election in event there should be an election for members of the legislature during the vacancy.

Sections 2 and 19 are complementary in that Section 2 provides a four-year term and Section 19 provides for filling the office in the event of a vacancy from one of the extraordinary means enumerated therein. It is pertinent to point out that the makers of the Constitution imposed ineligibility for reelection only on those elected under Section 2, Article IV, and did not impose such a restriction on those who succeeded to the office for the unexpired term as provided by Section 19, Artic

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Ervin v. Collins, 85 So. 2d 852, 59 A.L.R. 2d 706 (Fla. 1956).

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