In Re Advisory Opinion To the Governor, in Re

• Decision Date: 02 November 1917
• Citation: 74 Fla. 250,77 So. 102
• Court: Florida Supreme Court
• Parties: In re ADVISORY OPINION TO THE GOVERNOR.

77 So. 102

74 Fla. 250

In re ADVISORY OPINION TO THE GOVERNOR.

Florida Supreme Court

November 2, 1917

Opinion of the Justices in reply to a communication from Sidney J Catts, Governor.

Syllabus by the Court

SYLLABUS

Section 3 of article 16 of the Florida Constitution of 1885 provides that: 'The salary of each officer shall be payable quarterly upon his own requisition.' The word 'payable' as used in this section of our organic law means capable of being paid; suitable to be paid; admitting or demanding payment; justly due; legally enforceable. Under the quoted section of the organic law, the annual salary fixed for each officer is divided into four equal parts that become due and payable at the end of each quarter of the year and not before, and, as no salary or part of a salary of an officer should be paid before it becomes lawfully due and payable, it would seem to be irregular, if not unlawful, for the State Comptroller to issue a warrant and for the Governor to countersign same for the payment of any part of an official salary prior to the time when by law it falls due and becomes payable (quoting Words and Phrases, Payable).

OPINION Tallahassee, Fla., November 1, 1917.

His Excellency Sidney J. Catts, Governor of Florida, Tallahassee Florida--Sir:

We are in receipt of your communications of the 31st ult., as follows:

'State of Florida, Executive Chamber, Tallahassee.

'Sidney J. Catts, Governor. J. V. Burke, Secretary.

'October 31, 1917.

'To the Honorable Chief Justice and Justices of the Supreme Court of Florida, Tallahassee, Florida--Gentlemen:

'Under the provisions of section 13 of article IV of the Constitution of this State, I have the honor to request your written opinion affecting my powers and duties as Chief Executive under the following provisions of the Constitution:

'Section 24, Article IV. The Treasurer shall receive and keep all funds, bonds, and other securities, in such manner as may be prescribed by law, and shall disburse no funds, nor issue bonds, or [any] other securities, except upon the order of the Comptroller countersigned by the Governor, in such manner as shall be prescribed by law.'

"Section 3, Article XVI. The salary of each officer shall be payable quarterly upon his own requisition.'

'Hon W. A. McRae, Commissioner of Agriculture of the State of Florida, has made a requisition upon Hon. Ernest Amos, as Comptroller, for a warrant covering his salary as such Commissioner of Agriculture for the month of October, A. D. 1917, the said month of October being embraced in the quarter ending December 31 of the said year.

'I desire to be advised if in view of the foregoing provisions of the Constitution, I would be authorized as Governor at this time, or at any time prior to December 31, to countersign a warrant drawn on the State Treasurer covering such monthly salary or for such salary of any other constitutional officer for any period of time less than the full quarter.

'Very respectfully,

'Sidney J. Catts, Governor.'

'State of Florida, Executive Chamber, Tallahassee.

'Sidney J. Catts, Governor. J. V. Burke, Secretary.

'October 31, 1917.

'To the Honorable Chief Justice and Justices of the Supreme Court of Florida, Tallahassee, Florida--Gentlemen:

'Under the provisions of section 13 of article IV of the Constitution of this State, I have the honor to request your written opinion affecting my powers and duties as Chief Executive under the following provisions of the Constitution:

"Section 24, Article IV. The Treasurer shall receive and keep all funds, bonds, and other securities in such manner as may be prescribed by law and shall disburse no funds, nor issue bonds, or [any] other securities, except upon the order of the Comptroller countersigned by the Governor, in such manner as shall be prescribed by law.'

"Section 3, Article XVI. The salary of each officer shall be payable quarterly upon his own requisition.'

'Hon J. Frank Smith, Food, Drug and Fertilizer Inspector for the Chemical Division...