Page images
PDF
EPUB

ORDINANCES

of pages

Section 2. The pay of the secretary and assistant secretary of the convention and all the clerks elected by the convention shall be six ($6.00) dollars per diem each, allowing the secretary and assistant secretary one day after adjournment to complete unfinished business; all committee clerks shall receive five ($5.00) dollars per diem for the number of days certified by the chairman of the committee; the pay of the sergeant-at-arms shall be six ($6.00) dollars per diem, and the assistant sergeant-at-arms shall be five ($5.00) dollars per diem; the pay of the messengers of the convention shall be four ($4.00) per diem each; the pay of the doorkeeper shall be five ($5.00) dollars per diem; the pay shall be three ($3.00) dollars per diem each; the pay of the janitor shall be two ($2.00) dollars per diem; the pay of the chaplain shall be one hundred dollars. The recording clerk shall complete his work after the adjournment of the convention, under the supervision of the secretary of state, and shall be paid for the same fifty dollars when his work is completed. Eighteen dollars shall be paid W. R. Carter for services as assistant secretary for three days. Messrs. Dorr and Bowen shall be paid for printing the amount approved by the committee on printing, certified by the president and secretary of the convention.

Section 3. The Comptroller is required to draw his warrant on the treasurer in favor of the officers and employees of this convention for the full amount allowed them by section two, and to each delegate of this convention for his pro rata share of the amount appropriated by the legislature, after deducting from said amount the amount due said employees and all other expenses, including mileage of members, incurred by this convention.

Section 4. The president is authorized on behalf of this convention to issue certificates signed by himself and countersigned by the secretary to each of the members, payable to himself or his order, bearing interest at the rate of eight per cent. per annum from date, for the amount remaining due on account of the deficiency of the legislative appropriation for expenses of this convention.

Section 5. The legislature shall make an appropriation at its next session to pay said certificates.

Section 6. Be it further ordained, That the secretary of this convention be and he is hereby authorized to audit the accounts of the members and all other expenses.

Done in open convention, at Tallahassee, this third day of August, A. D. eighteen hundred and eighty-five, and of the independence of the United States the one hundred and tenth year.

S. Pasco, President.
J. E. YONGE, First Vice-President.
Wm. H. REYNOLDS, Secretary Convention.

Section 2. The pay of the secretary and assistant sec-
retary of the convention and all the clerks elected by the
convention shall be six ($6.00) dollars per diem each, allow-
ing the secretary and assistant secretary one day after ad-
journment to complete unfinished business; all committee
clerks shall receive five ($5.00) dollars per diem for the num-
ber of days certified by the chairman of the committee; the
pay of the sergeant-at-arms shall be six ($6.00) dollars per
diem, and the assistant sergeant-at-arms shall be five (55.0/
dollars per diem; the pay of the messengers of the conver-
tion shall be four ($4.00) per diem each; the pay of the door-
keeper shall be five ($5.00) dollars per diem; the pay of pages
shall be three ($3.00) dollars per diem each; the pay of the

janitor shall be two ($2.00) dollars per diem; the par of the
chaplain shall be one hundred dollars. The recording clerk
shall complete his work after the adjournment of the conven-
tion, under the supervision of the secretary of state, and sha?
be paid for the same fifty dollars when his work is completed
Eighteen dollars shall be paid 11. R. Carter for services ar
assistant secretary for three days. Messrs. Dorr and Bowen
shall be paid for printing the amount approved by the coil-
mittee on printing, certified by the president and secretary
of the convention,

Section 3. The Comptroller is required to draw his war
rant on the treasurer in favor of the officers and employee
of this convention for the full amount allowed them " sera
tion two, and to each delegate of this convention for his po
rata share of the amount appropriated by the legislature
after deducting from said amount the amount due sail em
ployees and all other expenses, including mileage of me"
bers, incurred by this convention.

Section 4.
convention to issue certificates signed by himself and cream

W. M. BENNETT,
JAMES R. CHALLEN,
NORMAN T. Scott,
WM. A. BLOUNT,
A E. MAXWELL,
E. M. RANDALL,
A. L. McCASKILL,
W. H. Milton.
W. L. HUNTER,
OBADIAH EDCE.
J. G. SPEER,
R. F. TAYLOR
JOHN WESTCOTT,
L. W. BETHEL,
Joseph M. Tolbert,
John C. RICHARD,
Syd. L. CARTER,
ALEXANDER BELL,
Jas. B. STONE,
PHILLIP WALTER,
W. H. HAUSMAN,
John Neel,
WILLIAM B. RANDOLPH,
King WYLLY,
LEWIS WILSON,
Wash M. Ives,
James F. McCLELLAN.
J. E. YONGE,
George I. DAVIS,
W. T. ORMAN,
Wm. F. THOMPSON.
Hugh E. MILLER,
Wu, R. BUSH.
RoBt. F. ROGERS,
HENRY C. HICKS,
Jas. Wood DAVIDSON.
William T. WEEKS,

JEREMIAH FOGARTY,
E. C. LOVE,
JOHN Crews Pelot,
A. D. MCKINNON.
J. P. B. GOODBREAD,
B. D. WADSWORTH,
Joseph H. HUMPHRIES,
THEODORE RANDELL,
B. F. OLIVEROS,
F. B. GENOVAR,
T. F. SWEARINGEN,
S. B. CONOVER,
M. M. BLACKBURN,
WM. N. SHEATS,
Jas. P. COKER,
C. C. WILSON
HANNIBAL Rowe,
ROBERT ROBINSON,
John B. JOHNSTON,
JOHN W. MALONE,
S. J. TURNBULL,
WALLACE S. JONES,
R. C. PARKHILL,
Thos. V. GIBBS,
E. C. F. SANCHEZ,
E. L. ODOM,
H. C. BAKER,
J. P. MORGAN
W. F. GREEN,
ANGUS PATERSON,
John D. BROOME,
Henry W. CHANDLER,
J. D. Goss,
Thos. N. BELL,
CHAS. W. LEWIS,
H. L. PARKER,
PAUL HATCH,

The president is authorized on behalf of the

dersigned by the secretary to each of the members, parati

to himself or his order, bearing interest at the rate of est

per cent. per annum from date, for the amount remains

due on account of the deficiency of the legislative apps
priation for expenses of this convention.

Section 5. The legislature shall make an appropriate
at its next session to pay said certificates.

Section 6. Be it further ordained, That the secretary this convention be and he is hereby authorized to audition accounts of the members and all other expenses.

5

4

E. J. LUTTERLOH,
J. R. HERNDON,
WALLACE B. CARR,
J. M. LANDRUM,
B. J. EARLE,
IRVING GILLIS,
GEO. P. FOWLER,
JEFF ALEXIS HENDLEY,
W. H. Cook,
JOHN W. TOMPKINS,
Thos. E. CLARKE,

W. B. TEDDER,
ROBERT HENDERSON,
L. D. CARSON,
A. L. WELLMAN,
JNO. PARSONS,
A. S. MANN,
ALEX ZIPPERER,
H, H. DUNCAN,
T. L. CLARKE,
JOHN F. MARSHALL,
W. A HOCKER.

Constitution of the State of Florida ADOPTED BY THE CONVENTION OF 1885,

AS AMENDED.

PREAMBLE

We, the People of the State of Florida, grateful to Almighty

God for our constitutional liberty, in order to secure its blessings and to form a more perfect government, insuring domestic tranquility, maintaining public order, and guaranteeing equal civil and political rights to all, do ordain and establish this Constitution.

DECLARATION OF RIGHTS.

Section 1. All men are equal before the law, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing happiness and obtaining safety.

Chapter 4173, Acts 1893. authorizing the recovery of reasonahle attorneys' fees against life and fire insurance companies in suits upon policies is not in contravention of this section. Tillis V. L. & L. & G. Ins. Co., 46 Fla. 268, 35 So. 171.

A lawful governmental regulation of the service of common carriers though it may be a burden is not a violation of constitutional rights to acquire, possess and protect property. State v. F. E. C. Ry. Co., 57 Fla, 522, 49 So. 43.

The constitutional right of "acquiring, possessing and protecting property" is not infringed by valid governmental regulations of the use of property emploved in rendering a public service. King Lumber & Mfg. Co. v. A. C. L. Ry. Co., 58 Fa. 29 2, 50 So. 509.

A statute regulating the transportation by a carrier of lumber or timber on "cars belonging to such carrier.” does not deny to the carrier the constitutional right of "acquiring, possessing and protecting property." Ib.

A statute will not be said to offend against the equal protection clause of the State Constitution merely because it permits a recovery of interest and attorney's fees by the shipper if he succeeds, and secures no such right to the carrier in the event it prevails. A. C. L. R. R. Co. v. Coachman, 59 Fla. 130, 52 Şo. 377.

The burden of just and reasonable regulation is an incident to the service undertaken by the common carrier, and such burden is not a denial or deprivation of property rights secured by the State Constitution, State V. A. C. L. R. R. Co., 60 Fla, 465, 54 So. 394.

The burdens of lawful governmental regulations are assumed by common carriers in undertaking to render the public service, and such burdens are not invasions of property rights. State V. L. & N. R. R. Co., 63 Fla, 274, 57 So. 673.

of Rights.

Where action taken by State officials is unauthorized and substantially impairs private rights, in violation of the Constitution, such action will not be enforced. L. & N. R. R. Co. v. R. R. Commission, 63 Fla. 491, 58 So. 543.

To afford reasonably adequate facilities at its own stations is an absolute duty of the carrier, and the burden of furnishing such facilities does not invade the carrier's property rights when the requirements are not in fact unreasonable and arbitrary. State v. F. E. C. Ry. Co., 67 Fla. 83, 64 So. 443.

When a legislative regulation within the police power of the State is made applicable to all persons as a class who are similarly situated and conditioned with reference to the regulation and the classification is not purely arbitrary, it is not a violation of the organic declaration that "all men are equal before the law." Noble v. State, 68 Fla. 1, 66 So. 153.

Under the controlling organic provisions a person accused of crime is not entitled to have members of his race selected as jurors for his trial. Haynes v. State, 71 Fla, 585, 72 So. 180.

A statute making a direct legislative special assessment on lands embraced within the Everglades Drainage District for local benefits, and the apportionment of rates thereon is not in conflict with this section. Lainhart & Catts, 73 Fla, 735, 75 So. 47.

The inalienable rights that all men have of acquiring, possessing and protecting property under the Constitution, is subject to the implied limitation imposed by the principles of government deduced from the organic law, that human rights and obligations are reciprocal among individuals, and that by due course of law private rights yield to the requirements of the public welfare. Cason v. Florida Power Co., 74 Fla. 1, 76 So. 535.

Section 2. All political power is inherent in the people. Government is instituted for the protection, security and benefit of the citizens, and they have the right to alter or amend the same whenever the public good may require it; but the paramount allegiance of every citizen is due to the Federal Government, and the people of this State have no power to dissolve its connection therewith.

Section 3. The right of trial by jury shall be secured to all, and remain in violate forever.

The Constitutional provision “the right of trial by jury shall forever remain inviolate," does not merely imply that the right of jury trial shall not be abolished or wholly denied, but that it shall not be impaired, Flint River Steamboat Co, v. Roberts, 2 Fla. 101.

The general assembly has no power to impair, abridge, or in any degree restrict the right of trial by jury as it existed when the Constitution went into operation. Ib.

On application for mandamus to enforce the collection of taxes to satisfy the interest due on the bonds of a county the court has the power to ascertain the amount of the coupons, without the intervention of a jury. Columbia County Commissioners v. King, 13 Fla. 451.

The legislature may provide for a trial of cases by a jury of six without violating "the right of trial by jury” within the meaning of the Bill of Rights. Gibson y. State, 16 Fla. 291.

A statute providing a summary proceeding by warrant of distress for securing the rents due to and the advances made by the landlord, by which the property liable to seizure is levied upon without personal notice to the tenant is not in conflict with the constitutional provision which secures the right of trial hy jury. Blanchard & Burrus V. Raines' Executrix, 20 Fla. 467; Jones v. Fox, 23 Fla. 454, 2 So. 700.

The provision of the Constitution that "the right of trial by jury shall remain in violate" does not confer a right to a jury trial where the right did not before exist, but secures the right against abridgement in cases where it existed prior to the adoption of the Constitution. Blanchard & Burrus v. Raines' Executrix, 20 Fla. 467; Hathorne v. Panama Park Co., 44 Fla. 194, 32 So. 812.

Issues of fact in mandamus are tried by the court and not by the jury. State v. Suwanee County, 21 Fla. 1.

The right given by legislation to have a jury trial in a contested will case in the Circuit Court prior to the adoption of the Constitution of 1868 was not intended to be preserved by that constitution on a similar trial in the County Court. Lavey V. Doig, 25 Fla. 611, 6 So. 259.

The right of trial by jury on issues of fact arising in proceedings by information in the nature of quo warranto is guaranteed by the third sec

« PreviousContinue »