In Re Advisory Opinion To the Governor, in Re

• Decision Date: 26 September 1912
• Citation: 64 Fla. 16,59 So. 782
• Parties: In re ADVISORY OPINION TO THE GOVERNOR.
• Court: Florida Supreme Court

59 So. 782

64 Fla. 16

In re ADVISORY OPINION TO THE GOVERNOR.

Florida Supreme Court

September 26, 1912

In the matter of the advisory opinion of the Justices, in answer to request of the Governor to determine whether appointments by him of a circuit court judge, a state attorney, and judge of the criminal court should be submitted for confirmation for special session of the Legislature.

Additional Syllabus by Editorial Staff

Under F.S.A. Const. art. 4, § 8, providing that the Legislature in extra session shall transact no "legislative business" but that for which it is especially convened or which is called to its attention by the Governor, except by a two-thirds vote of each house, the confirmation by the Senate of executive appointments to office cannot be regarded as "legislative business," since such confirmation is not essentially legislative in its nature, and does not require the co-operation of the House of Representatives.

Syllabus by the Court

SYLLABUS

When the Legislature is convened in extra session by executive proclamation, it is the duty of the Governor under the Constitution to transmit to the Senate, for its action thereon, appointments to the offices of circuit judge, state attorney, and judge of the criminal court of record that have been made since the adjournment of the last session of the Senate.

OPINION

State of Florida, Executive Department.

Tallahassee September 25, 1912.

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

On June 10, 1911, Hon. Ira J. Carter, having been nominated and confirmed by the Senate to be judge of the Third judicial circuit of Florida, was commissioned for a term of six years. On July 13, 1912, Judge Carter tendered his resignation of such judgeship, effective August 1, 1912. On August 5, 1912 Hon. Mallory F. Horne was commissioned to be circuit judge of the Third judicial circuit of Florida until the end of the next ensuing session of the Senate.

On October 30, 1911, Hon. George W. Walker resigned as state attorney for the Second judicial circuit of Florida to take effect December 15, 1911. On December 15, 1911, Hon. John W. Henderson was commissioned to be state attorney for the Second judicial circuit of Florida until the end of the next ensuing session of the Senate.

On June 9, 1911, Hon. Charles O. Andrews, having been duly nominated and confirmed by the Senate to be judge of the criminal court of record for Walton county, was commissioned to be such judge for a term of four years. On August 31, 1911, Judge Andrews tendered his resignation of such judgeship, effective October 1, 1911. On October 3, 1911, Hon. H. L. Grace was commissioned to be judge of the criminal court of record for Walton county until the end of the next ensuing session of the Senate.

In pursuance of the provisions of section 8 of article 4 of the state Constitution, a special session of the Legislature has been called to convene at the capital on October 1, 1912, for the consideration of certain special matters embodied in the Governor's call for such special session.

Under the provisions of section 13 of article 4 of the state Constitution, I have the honor to request an opinion from the Justices of the Supreme Court as to whether the appointments of Messrs. Horne, Henderson, and Grace, as above stated, should be submitted by me to the Senate for confirmation or rejection at the said special session of the Legislature, or whether the commissions held by such officers run until the end of the next regular session of the Senate.

Very respectfully,

Albert W. Gilchrist, Governor. To His Excellency, Albert W. Gilchrist, Governor of Florida--Sir:

Your letter has been received requesting an opinion upon the question whether under the Constitution executive appointments to fill vacancies that have occurred since the adjournment of the last session of the Senate in the offices of circuit judge, state attorney, and judge of the criminal court of record should be sent to the Senate for confirmation at an 'extra' session of the Legislature called by your excellency to convene on October 1st next, or whether appointments to fill such vacancies should be transmitted to the Senate for its action thereon at the next regular session, to convene in April, 1913.

The Constitution ordains that 'the regular...