State ex rel. Turner v. Hocker
State ex rel. Turner v. Hocker
Opinion of the Court
This is an original proceeding in mandamus brought in this court on the relation of W. A. Turner and H. I). Mason, against Hon. W. A. Hooker, Judge of the Fifth Judicial Circuit of Florida, to require him to entertain, hear and determine a cause pending in the Circuit Court of Citrus county, Florida, by bill in equity brought by the said Turner and Mason for the removal of cloud on title, in which J. R. Blakiston and Willie A. Blakiston, his wife, are defendants.
The alternative writ alleges, in effect, that Chapter 4227, Laws of Florida, approved J une 1st, 1893, transferred the said county of Citrus to, and made it a part of, the Fifth Judicial Circuit of Florida, and that the defendant, Hon. W. A. Hooker, being the J udge of said Fifth Judicial Circuit, has jurisdiction of matters ' pending in said Circuit Court of Citrus county, but that he declines and refuses to hear and determine the matters submitted to him in and by said cause in equity, alleging as his only reason that he has no jurisdiction as such Judge of the Fifth Judicial Circuit of Florida over causes pending in the Circuit Court of Citrus county. That said cause in equity is still pending in said Circuit Court of Citrus county, and that the relators are entitled to have the same heard and determined.
The defendant demurs to the alternative writ, and, as ground of demurrer, contends that said Chapter 4227 of the laws, approved June 1st, 1893, is unconstitutional and void: 1st. Because the act embraces more than one subject and matter properly connected therewith. 2d. Because if it contains but one subject, that subject is not expressed in its title. 3d. Because it amends section 10 of Article V of the Constitution,
It is well settled that the journals kept by the two-houses of the Legislature of their proceedings are public records of which the courts will take judicial notice. People vs. Mahaney, 13 Mich. 481; Oooley’s Const. Lim. (5th ed.) p. 163 and cases cited. The assaults made upon the constitutionality of the act in question being predicated upon the manner in which it was enacted, as exhibited by the journals, the issues raised thereby can properly be presented, as they have-been here, by demurrer to the alternative writ. Acts of the Legislature duly enrolled and signed by the officers of the two houses and filed in the office of the Secretary of State with the approval of the Governor
The previsions of our Constitution alleged to have been violated in the enactment- of this statute, are as follows-: Section 16 of Article III: “Each law enacted in the Legislatxxre shall embrace but one subject and matter property connected therewith, which subject shall be bxiefly expressed in the title; and no law shall be amended or revised by reference to its title only;, but in such case the act, as revised, or section, as amended, shall be re-enacted and published at length.” Section 17 of Article III: “Every bill shall be read by sections on three several days in each house, unless, in case of emergency, two-thii’ds of the hoxxse where sxxch bill may be pending shall, deem it expedient to dispense witli this rule; but the reading of a bill by sections on its final passage shall in no case be dispensed with, and the vote on the final passage of every bill or joint resolution shall be taken by yeas and nays, to be entered on the joxxrnal of each house.”
In passing upon the constitutionality of statutes generally, no matter from what standpoint the attack
The first objection raised by the respondent’s demurrer is, that the act embraces more than one subject and matter properly connected therewith. The contention in support of this objection is, that the act •deals with two separate, independent and distinct subjects, in that it undertakes to change the fixed boundaries of two judicial circuits, instead of one only— the contention being that each of the seven judicial circuits into which the State has long since been divided comprise a distinct and independent subject that •can not be dealt with in the same act that deals with any other of said circuits. We can not agree with this contention. Geographically che judicial circuits into which the State is divided are separate and distinct, each of them presided over by different judges; but, from the standpoint of the constitutional inhibition
The second ground of the demurrer is, that this title does not express the subject of the act; that the real purpose of the act is to transfer the two counties of Citrus and Hernando from the Sixth to the Fifth Cir - cuit, and that this purpose is not even intimated in the title. There is no merit in this contention. The act, in carrying out the expressed purpose of its title, to define the Fifth and Sixth Judicial Circuits, does transfer the two counties as stated, but such transfer is entirely incident to the accomplishment of the object of the act as declared in its title. The Fifth and Sixth Judicial Circuits at the time of the introduction of this act in the Legislature, were both well and perfectly de
The third ground of the demurrer is, that the act amends section 10 of Article Y of the Constitution, and that said section is not re-enacted and published at length in the said act. The section of the Constitution referred to provides that “until otherwise defined by the Legislature the several judicial circuits of the State shall be as follows:” (then follows the enumeration of the various counties that shall belong to each of the seven circuits). The commissioners, in compiling our Revised Statutes, have carried this constitutional definition of the judicial circuits forward, making it, with
The fourth ground of the demurrer contends that the act is unconstitutional because it was introduced and passed through three readings in the Senate by one title and so certified to the House, and that it was there amended by striking out all after the enacting clause, and was passed in the House by the same title, and after its passage a new title was given to it not germane to the original title; and because the act, as passed, was never considered in the Senate at all, except simply to concur in the amendment made in the House, and was not read in the Senate at all. The journals of the two houses do not bear out the assertions of fact in this ground of the demurrer with that affirmative clearness and explicitness that is necessary to authorize judicial annulment of a legislative act. The journals of the Senate do show that the bill was there introduced and passed under the title: “A bill
The fifth and last ground of the demurrer is, that the journals do not express the fact, as they should, that the bill was read by sections on its final passage in either house, and that it was not so read on its final passage. This contention is untenable. Our Constitution does not require that the journals should show ■affirmatively that a bill was read by sections on its final passage, and if they do not so show, the presumption, in the absence of affirmative evidence to the contrary, would be that it was read by sections as required. Supervisors of Schuyler County vs. People, 25 Ill. 181; English vs. Oliver, 28 Ark. 317; State ex rel. vs. City of Hastings, 24 Minn. 78; Walker vs. Griffith, 60 Ala. 361; Worton vs. Badgett, 32 Ark. 496.
Reference
- Full Case Name
- The State of Florida ex rel. W. A. Turner and H. D. Mason v. W. A. Hocker, Circuit Judge
- Cited By
- 52 cases
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- Published
- Syllabus
- Constitutional law — jouiinals of legislature as evidence-mandamus TO COMPEL EXERCISE OF JURISDICTION — TITLE OF LEGISLATIVE ACT — AMENDI:- G ACT BY TITLE — PASSAGE OF BILLS BY LEGISLATURE . 1. Mandamus is the proper remedy to compel the exercise by a court of jurisdiction that it clearly possesses where it refuses to act. 2. Where an alternative writ of mandamus is granted against a Circuit Judge to compel the exercise of jurisdiction over causeépending in two counties recently annexed by legislative act to the judicial circuit presided over by him, and he bases his refusal to exercise such jurisdiction upon the unconstitutionality of the legislative act bringing said territory within his jurisdiction, alleging it to be unconstitutional because of the manner in which it was enacted by the Legislature, such issues can properly be raised and presented by demurrer to the alternative writ of mandamus. 3. The Journals kept by the iwo Houses of the Legislature of their proceedings 'are public records of which the courts of the State will take judicial notice. 4. Acts of the Legislature duly enrolled and signed by the officers of the two houses and filed in the office of the Secretary of State with the approval of lhe Governor thereon, are prima facie valid and authoritative laws, but the journals of the two houses that enacted them may be resorted to -to ascertain whether the mandatory requirements of the Gonstitution have been complied with by the Legislature in their enactment, and if such journals show explicitly, clearly and affirmatiyely that any essential constitutional requirement has not been complied with, or if they fail to show any essential step in the process of enactment that the Constitution expressly requires them to show, such for example, as the entry of the ayes and noes upon the final passage of any bill in either house, then such journals would prevail as evidence, and the enrolled bill, as evidence of law, would have to fall. 5. In passing upon the constitutionality of statutes generally, no matter from what standpoint the assault thereon may be made, it is a well-settled and cardinal rule that nothing but a clear violation of the Constitution will justify the courts in overruling the legislative wiil; and where there is a reasonable doubt as to the constitutionality of an act it must be resolved in favor of the act, and it should be upheld. 6. Constitutional provisions prescribing what shall be the contents of titles to acts, and requiring each house of the Legislature to read each bill on three several days, unless such reading be properly dispensed with by a two-thirds vote, and requiring the reading of bills and the entry on the journals of the ayes and noes on the final passage of every bill, are mandatory; and it is the duty of the courts to adjudge the law invalid and void in cases where it is clear, beyond reasonable doubt, that these provisions have been violated or ignored; but these provisions should receive, not a technical construction, but a reasonable -one; and, looking to the evils intended thereby to be remedied, only such legislative acts should be overthrown as are clearly and obviously offensive to their spirit and meaning. 7. Chapter 4227 laws, approved June 1st, 1893, entitled: “An Act to amend sections 1363 and 1364 of Chapter three of Title three of the Revised Statutes of the State of Florida, defining the fifth and sixth judicial circuits of Florida,” is not unconstitutional and void. Its title does not embrace more than one ¡subjectand matter properly connected therewith; and its subject is sufficiently expressed in its title. í8. The constitutional inhibition against the revision or amendment of statutes or sections of statutes by their titles only, does not apply to amendments that are effected by implication. Our Constitution does not prohibit the repeal of a statute or part of a statute by implication. S. Where one house of the Legislature originates and passes a bill through its three constitutional readings and reports it to the other house, and the latter passes the bill with amendments that it has adopted that are germane to its general subject) either to the body of the bill or to its title, it is not necessary that the house where the bill originated shall do anything •more than to concur by vote in the amendments made. It is unnecessary in such a case to re-read the bill three times again in the house of its origin. 10. Our Constitution does not require that the journals should show affirmatively that a bill was read “by sections” on its final passage, and if they do not so show, the presumption, in the absence of affirmative evidence to the contrary, would be that it was read by sections as required.