Van Pelt v. Hilliard

75 Fla. 792
CourtSupreme Court of Florida
DecidedMarch 8, 1918
StatusPublished
Cited by126 cases

This text of 75 Fla. 792 (Van Pelt v. Hilliard) 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
Van Pelt v. Hilliard, 75 Fla. 792 (Fla. 1918).

Opinion

Wills, Circuit Judge,

(after stating the facts.) Where a word used in a statute has a definite meaning and the sense in .which it is used is clear the courts must give to such word its popular meaning as the Legislature is assumed to have said what they intended by the use of such word and there is nothing for the courts to construe. But, if a Avord has no definite or generally accepted popular meaning or in the connection in which it is used is ambiguous then the court must construe such word and give to it such meaning as is reasonable and Avill carry out the Legislative intent.

“The Legislature must be understood to mean what it has plainly expressed and this excludes construction. The Legislative intent being plainly expressed, so that the act read by itself or in connection with other statutes pertaining to the same subject is clear, certain and unambiguous, the courts have only the simple and obvious duty to enforce the laAv according to its terms. Oases cannot be included or excluded merely because there is intrinsically no reason, against it. Even where a court is convinced that the Legislature really meant and intended sorrething not expressed in the phraseology ’ of the act, it will not deem itself authorized to depart from the plain meaning of the language which is free from amibgity. If a Legislative enactment violates no constitutional provision or principle it must be deemed its own sufficient and conclusive evidence of the justice, propriety and policy of its passage. Courts have then no power to set it aside or eimde its operation by forced and unreasonable construction. If it has been passed improvidently the responsibility is Avith the Legislature and not the courts. Whether the laAv be expressed in general or limited terms, the Legislature [799]*799should he held to mean what they have plainty expressed, and consequently no room is left for construction, but if from a view of the whole law, or from other laws m pari materia the evident intent is different from the literal import of the terms employed to express it in a particular part of the law, that intent should prevail, for that, in fact is the will of the Legislature.” 2 Sutherland’s Statutory Construction, Sec. 366, p. 701. See Fine v. Moran, 74 Fla. 417, 77 South. Rep. 533.

“The sole authority of the Legislature to make laws is the foundation of the principle that Courts of Justice are bound to give effect to its intention. When that is plain and palpable they must follow it implicitly. The rules of construction with which the books abound apply only where the words used are of doubtful import; they are only so many lights to assist the courts in arriving with more accuracy at the true interpretation of the intention. This is true whether the statute be public or private, general or special, remedial or penal. These rules are a part of the law equally with the statutes themselves and not much less important. The function of such interpretation unrestricted by settled rules would introduce great uncertainty, and would involve a power virtually legislative. When a doubt arises upon the construction of the words it is the duty of the court to- remove the doubt by deciding it; and when the court has given its decision the point can no-longer be considered doubtful.” Sutherland Statutory Construction, Sec. 363.

The contention of the appellant is that the acts ana doings of the appellee are violative of Chapter 7287, Acts of 1917, Laws of Florida, which Act prohibits any member, employee or agent of any “Club or other asso[800]*800ciation of persons whether incorporated or not incorporated” from selling, serving or otherwise dispensing intoxicating liquors, wines or beer except under Chapter 6860, Acts of 1915.

This contention necessarily involves a construction in Chapter 7287, Acts of 1917, of the words “Club or other association of persons.”

“The word ‘Club’ has no very definite meaning. Clubs are formed for all sorts of purposes and there is no uniformity in their constitutions.” Commonwealth v. Pomphret, 137 Mass. 564, text 567.

Black’s Law Dictionary defines the word “Club” as, “A voluntary association of persons for purposes of a social, literary or political nature, or the like”’

A Club is not a partnership. Flemyng v. Hector, 2 Meeson & W. 172.

“The term 'association’ is a word of vague meaning used to indicate a collection of .persons who have joined together for a certain object.” People v. Brander, 244 Ill. 26, 91 N. E. Rep. 59, 135 Am. St. Rep. 301.

“There are various kinds of clubs. An unincorporated members club is a society of persons each of whom contributes to the fund out of which the expenses of conducting the society are paid. An unincorporated proprietary club is one whose property and funds belong to a proprietor who usually conducts it with a view to profit. The members in consideration of the payment of an entrance fee and subscriptions are entitled to make such use of the premises and property and to exercise such other rights and privileges as the contract between them and the proprietor justified.

“A proprietary club may be conducted by either an [801]*801individual, a partnership, a voluntary association or a corporation.” Corpus Juris. Vol. II, p. 922.

We have failed to find, nor have counsel for either party furnished us with an authority which gives to the word “Club” a popular and definite meaning. Therefore the duty devolves upon this court to give the word a meaning that will harmonize with and effectuate the Legislative intent.

“The cardinal rule for the guidance of courts is to find the Legislative intention; in ascertaining the intention they must not only consider the occasion and necessity for the law’s enactment, but also have reference to the object intended to be accomplished. Courts will never if avoidable adopt a construction of a statute which will lead to an absurdity or make it ineffective.” 36 Cyc. 1110; Black’s Interpretation of Law, 132 and 461; 37 Ann. Cas. 1138.

“To arrive at the real meaning, it is always necessary to take a broad general view of the act so as to get an exact conception of its aim, scope and object. It is necessary, according to Lord Coke, to consider: What was the law before the Act was passed? What was the mischief or defect for which the law had not provided? What remedy the Legislature has provided. The reason of the remedy.”

Prior to the enactment of Chapter 6516, Laws of Florida, approved June 5th, 1913, the State had recognized and .permitted the open saloon — where persons were allowed to congregate, purchase and consume on the premises where bought intoxicating liquors — settees, chairs, tables, musical vaudeville and other attractions were allowed in such resorts, and restaurants paying a liquor dealers license were permitted to serve liquors at meals.

[802]*802Under this statute “Persons associating themselves together as a club, whether incorporated or not incorporated,” by the payment of a tax were permitted to serve and distribute intoxicating liquors, wines and beers to members and non-resident guests but such distribution or serivce of liquor under the statute was declared not to be deemed sales.

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Bluebook (online)
75 Fla. 792, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-pelt-v-hilliard-fla-1918.