Parker v. Evening News Pub. Co.

• Decision Date: 10 October 1907
• Citation: 54 Fla. 482,44 So. 718
• Parties: PARKER et al. v. EVENING NEWS PUB. CO.
• Court: Florida Supreme Court

44 So. 718

54 Fla. 482

PARKER et al. v. EVENING NEWS PUB. CO.

Florida Supreme Court

October 10, 1907

In Banc. Appeal from Circuit Court, Hillsborough County.

Action between Walter L. Parker and others, county commissioners and Johns S. McFall, tax collector, of Hillsborough county and the Evening News Publishing Company. From a judgment in favor of the latter, the former appeal. On motion to dismiss. Denied.

Syllabus by the Court

SYLLABUS

Chapter 5638, p. 126, Laws 1907, containing the provision, 'This act shall take effect immediately on becoming a law,' went into effect on its approval by the Governor.

Chapter 5638, p. 126, Laws 1907, amending section 1698, Gen. St 1906, relating to procurement and effect of writs of error applies also to appeals in equity causes.

COUNSEL C. C. Whitaker and F. M. Simonton, for the motion.

Sparkman & Carter and D. C. McMullen, opposed.

OPINION

COCKRELL J.

It is moved that the appeal herein be dismissed because entered within the term and made returnable to a day within the term. The solution of the question presented depends upon the proper construction of chapter 5638, p. 126, of the Laws of 1907, entitled 'An act to amend section 1698 of the General Statutes of the state of Florida, relating to procurement and effect of writs of error,' approved June 3, 1907.

The appeal was entered on the 11th day of July, within 60 days of the final adjournment of the session of the Legislature, and a doubt has been suggested in this and other motions now pending as to the effect to be given the third section of the act, which reads: 'This act shall take effect immediately on becoming a law.' It has been argued before us that the phrase is not only unusual, perhaps unique, in legislation in this state, but is vague, uncertain, and meaningless, and does not meet the inhibition of the Constitution that 'no law shall take effect until sixty days from the final adjournment of the session of the Legislature at which it may have been enacted, unless otherwise specially provided in such law.' We see no substantial difficulties presented in these objections. To the contrary, the language employed in this legislation seems peculiarly apt to meet the various situations that may arise. That an act may be the law, though not yet effective, seems clearly recognized in the Constitution itself, and that instrument has clearly foreseen and definitely declared when an act may become a law, in the varying circumstances of the executive approval, active or passive, or the passage over his veto by the Legislature; while the more usual phrase 'upon approval by the Governor' has given rise to questions in the two last-named contingencies. We think the Legislature has 'otherwise specially provided in such law' that the act should go into immediate effect, and that chapter 5638 became operative on the 3d of June, 1907, the date of the approval.

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