Fort v. Dekle

• Decision Date: 30 May 1939
• Citation: 138 Fla. 871,190 So. 542
• Parties: FORT v. DEKLE, Supervisor of Registration, et al.
• Court: Florida Supreme Court

190 So. 542

138 Fla. 871

FORT v. DEKLE, Supervisor of Registration, et al.

Florida Supreme Court

May 30, 1939

Suit by A. M. Fort against John C. Dekle, as Supervisor of Registration, and others to enjoin compliance with statute relating to the registration of voters. From a decree for the defendant, plaintiff appeals.

Reversed.

TERRELL C.J., dissenting. Appeal from Circuit Court Hillsborough County; L. L. Parks, judge.

COUNSEL

Mabry Reaves, Carlton & White, of Tampa, for appellant.

John W Cone, Henry C. Tillman, and John J. Twoney, all of Tampa, for appellees.

OPINION

BUFORD Justice.

By Chapter 19128, Acts of the Legislature of 1937, re-registration of voters is required for all elections to be held in 1938 and subsequent years in the counties having a population of 150,000 or over according to the State census of 1935.

The appellant here was complainant in the court below and sought to enjoin compliance with this Act by the appellees.

The Bill of Complaint was dismissed and he prosecuted appeal from that decree.

It is the contention of the appellant here and it was in the lower court that chapter 18128, was enacted in violation of Section 21, Article III of Constitution of Florida as amended in 1928, and for that reason is void and non-enforceable. Section 21, Article III of the Constitution is, inter alia, as follows:

'In all cases enumerated in the preceding section all laws shall be general and of uniform operation throughout the State, but in all cases not enumerated or excepted in that section, the Legislature may pass special or local laws except as now or hereafter otherwise provided in the Constitution; Provided, that no local or special bill shall be passed, unless notice of the intention to apply therefor shall have been published in the locality where the matter or thing to be affected may be situated, which notice shall state the substance of the contemplated law, and shall be published at least thirty days prior to the introduction, into the Legislature of such bill, and in the manner to be provided by law. The evidence that such notice has been published shall be established in the Legislature before such bill shall be passed by having affidavit of proof of publication attached to the proposed bill when the same is introduced in either branch of the legislature, and which such affidavit constituting proof of publication shall be entered in full upon the journals of the Senate and the House of Representatives, which entries shall immediately follow the journal entry showing the introduction of the bill.' * * *

Section 1 of Chapter 18128, supra, provides as follows:

'In all Counties of the State of Florida having a population of 150,000 or over, according to the State Census A. D. 1935, the County Commissioners shall provide for a complete re-registration in the Year A. D. 1938, and each General Election Year thereafter, of all Voters who intend to qualify and vote in any Primary, General or Special

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