Ex Parte Pricha

• Decision Date: 04 November 1915
• Citation: 70 So. 406,70 Fla. 265
• Parties: Ex parte PRICHA.
• Court: Florida Supreme Court

70 So. 406

70 Fla. 265

Ex parte PRICHA.

Florida Supreme Court

November 4, 1915

Rehearing Denied Dec. 15, 1915.

Original proceedings in habeas corpus by Adolph Pricha. Writ discharged, and petitioner remanded.

Taylor C.J., and Ellis, J., dissenting.

Additional Syllabus by Editorial Staff.

Syllabus by the Court

SYLLABUS

While the provision in section 16 of article 3 of the Constitution is mandatory and of as much binding force upon the Legislature and upon the courts as any other provision in that instrument, and while it is the duty of the courts to declare legislative enactments void, when questioned, that are clearly noncompliant with its requirements, still the courts in construing the acts of the legislative branch of the government should always apply a liberal rule, and refuse to declare its action void, except in clear cases that are free from every reasonable doubt.

It is a sufficient compliance with section 16 of article 3 of the Constitution if the subject is expressed in the title to the act, the matters properly connected with such subject not being required to be expressed in the title.

If the title to the act fairly gives notice of the subject of the act, so as reasonably to lead to an inquiry into the body of the bill, it is all that is necessary. The title need not be an index to the contents of the bill or act.

Under the title of 'An act to regulate the sale or furnishing of intoxicating liquors, wines or beer, and prescribing a penalty for the violation of certain of its provisions, and repealing laws in conflict herewith' (Acts 1915, c 6860), the Legislature may prohibit the sale of such liquors wines, or beer, in counties where the sale of the same is allowed by law, in less quantities than one-half of a pint and may further prohibit such sale, unless such liquors, wines, or beer are contained in securely sealed receptacles.

Under the title of an 'Act to regulate the sale or furnishing of intoxicating liquors, wines, or beer, and prescribing a penalty for the violation of certain of its provisions, and repealing laws in conflict herewith,' the Legislature may make the following section a portion of such act, without violating the provisions of section 16 of article 3 of the state Constitution: 'Sec. 7. That no dealer in intoxicating liquors, wines or beer shall himself drink, consume or give away any intoxicating liquor, wine or beer in any quantity on the premises where such liquor, wine or beer is sold, nor shall he permit or suffer any assistant, servant, employé, purchaser or any person whomsoever to drink, consume or give away any intoxicating liquor, wine or beer on such premises, nor shall he provide any other premises with the intent to defeat the policy of this act.' Acts 1915, c. 6860.

Sections 1 and 7 of chapter 6860 of the Laws of the state of Florida of 1915, being entitled 'An act to regulate the sale or furnishing of intoxicating liquors, wines or beer, and prescribing a penalty for the violation of certain of its provisions, and repealing laws in conflict herewith,' are not violative of any of the provisions of section 1 and 12 of the Declaration of Rights of the Constitution of the state of Florida or of article 19 of such Constitution.

Article 19 of the Constitution of the state of Florida is to be construed in connection with all the other provisions of such Constitution.

Article 19 of the Constitution of the state of Florida does not undertake to deal with regulating the sale of intoxicating liquors, under the police power which the Legislature has the authority to exercise, but only to give the qualified voters in any county the right to determine, at an election called for that purpose, whether or not the sale of such liquors shall be absolutely prohibited in such county. Where the sale of intoxicating liquors is permitted or authorized in a county, it is still subject to such regulations under the police power as the Legislature may prescribe, short of actual or practical prohibition.

The reasonableness or justice of a deliberate act of the Legislature, the wisdom or folly thereof, the policy or motives prompting it, so long as the act does not contravene some portion of the organic law, are all matters for legislative consideration, and are not subject to judicial control. The courts are bound to uphold a statute, unless it is clearly made to appear beyond a reasonable doubt that it is unconstitutional.

COUNSEL John E. & Julian Hartridge, of Jacksonville, for petitioner.

T. F. West, Atty. Gen., for the State.

OPINION

SHACKLEFORD J.

This is an original proceeding in this court upon a writ of habeas corpus, issued by the Chief Justice returnable to the full court. Adolph Pricha, the petitioner, is in the custody of the sheriff of Duval county, Fla., under a warrant issued by the county judge of such county, charging the petitioner with a violation of chapter 6860 of the Laws of 1915, which warrant reads as follows:

'In the Name of the State of Florida.

'To the Sheriff or any Constable of said County of Duval:

'Whereas, James C. Crawford has this day made oath before me that on the first day of October, 1915, in the county of Duval and state of Florida, a county in which liquors, wines and beer and authorized to be sold under the laws and Constitution of the state of Florida, Adolph Pricha, who was then and there a dealer in intoxicating liquors, wines and beer, did then and there operate and conduct a barroom or place of business for the selling and retailing of intoxicating liquors, wines and beer at the southeast corner of Bay and Washington streets, in the city of Jacksonville, county of Duval and state of Florida; the said Adolph Pricha did then and there in his said barroom and place of business aforesaid, sell to a certain man, to wit, Ben Jones, intoxicating liquor in a less quantity than one-half pint, and not contained in a securely sealed receptacle, to wit, one drink of whisky in an open glass receptacle not securely sealed, containing one-fourth of one-half a pint of whisky, contrary to the form of the statute in such case made and provided.

'And the said James C. Crawford on his oath aforesaid, says that on the first day of October, 1915, in the county of Duval and state of Florida, a county in which liquors, wines and beer are authorized to be sold under the laws and Constitution of the state of Florida, Adolph Pricha, who was then and there a dealer in intoxicating liquors, wines and beer, did then and there operate and conduct a barroom or place of business for the selling and retailing of intoxicating liquors, wines and beer at the southeast corner of Bay and Washington streets, in the city of Jacksonville, county of Duval and state of Florida; the said Adolph Pricha did then and there in his said barroom and place of business aforesaid, sell to a certain man, to wit, Ben Jones, intoxicating liquor in a less quantity than one-half pint, and not contained in a securely sealed receptacle, to wit, one drink of whisky in an open glass receptacle not securely sealed, containing one-fourth of one-half pint of whisky, and did permit the said Ben Jones to whom the said drink of whisky was sold, to drink the same in the barroom and on the premises of the said Adolph Pricha, said liquor being drunk by the permission of the said Adolph Pricha and on the premises on which same was sold, and did fail and neglect and refuse to see that section 7 of chapter 6860 of the Laws of Florida was then and there complied with, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the state of Florida.

'These are therefore to command you to arrest instanter, the said Adolph Pricha, and bring him before me to be dealt with according to law.

'Given under my hand and seal, this first day of October, 1915.'

Chapter 6860 of the Laws of Florida, found on page 125 of volume 1 of the Laws of 1915, is as follows:

'Chapter 6860 (No. 54).

'An act to regulate the sale or furnishing of intoxicating liquors, wines or beer, and prescribing a penalty for the violation of certain of its provisions, and repealing laws in conflict herewith.

'Be it enacted by the Legislature of the state of Florida:

'Section 1. That no intoxicating liquors, wines or beer shall be sold, in counties where the sale of the same is allowed by law, in less quantities than one-half of a pint, and no one shall sell any liquors, wines or beer that are not contained in securely sealed receptacles.

'Sec. 2. That no person who is a dealer in intoxicating liquors, wines or beer shall sell or furnish any intoxicating liquors, wines or beer in any quantity to an habitual drunkard personally known to him, of whose intemperate habits such person has been notified in writing protesting against the selling or furnishing of such intoxicating liquors, wines or beer, by the wife, father, mother, brother, or sister of such drunkard.

'Sec. 3. That no person who is a dealer in intoxicating liquors, wines or beer, by himself or another, shall sell or cause to be sold or furnished or permit any person in his employ to sell or furnish any minor, female, or any person who is at the time intoxicated or drunk, intoxicating liquor, wine, or beer, in any quantity.

'Sec. 4. That it shall be unlawful for any person keeping or carrying on, either by himself or another, a place where intoxicating liquors, wines or beer are sold by retail or wholesale to employ a minor or female in his place of business.

'Sec. 5. That it shall be unlawful for any person to sell intoxicating liquors, wines or beer, between the hours of six o'clock p. m. and seven o'clock a. m.

'Sec 6. That it shall be unlawful for any person to sell intoxicating...