Neisel v. Moran
Decision Date | 21 August 1919 |
Parties | NEISEL v. MORAN, Sheriff. |
Court | Florida Supreme Court |
On Rehearing, June 28, 1920.
Error to Circuit Court, Dade County; H. Pierre Branning, Judge.
Habeas corpus by W. H. Neisel against D. W. Moran, as sheriff of Dade county. From an order remanding petitioner to the custody of the sheriff, petitioner brings error. Affirmed.
Syllabus by the Court
The state Constitution does not require that proposed amendments thereto shall contain express provisions for their submission to the electors of the state for approval or rejection.
Those who assert the unconstitutionality of a statute have the burden of showing that beyond all reasonable doubt the statute inevitably conflicts with some designated provision of the Constitution.
A statute cannot be judicially declared beyond the power of the Legislature to enact unless some provision of the Constitution which is in conflict with it can be specifically pointed to.
The state Legislature has plenary lawmaking power, subject only to the limitations imposed by the state and federal Constitutions, and may enact any anticipatory statutes that are not forbidden by such Constitutions.
Conflict between a statute and organic law do not arise until the statute becomes operative.
Constitutional provisions are designed to effectuate practical government regulated by law, and they should be so interpreted as to accomplish and not to defeat their purpose or to lessen their efficiency.
Original article 19 of the state Constitution was superseded January 1, 1919, by amended article 19, which had been adopted by the electors of the state at the general election held November 5, 1918, to 'go into effect on the first day of January A. D. 1919'; and original article 19 did not forbid the enactment of the statute designated as chapter 7736, entitled 'An act to make effective the nineteenth article of the Constitution of this state, as amended at the general election held November fifth, nineteen hundred and eighteen,' etc., enacted at the special session held in November and December of 1918, and approved December 7, 1918 which statute by virtue of section 18 of article 3 of the state Constitution 'specifically provided in such law,' that it should 'go into effect on the first day of January, A. D. 1919,' the day amended article 19 became effective as organic law.
R. B. Gautier and Bart A. Riley, both of Miami, for plaintiff in error.
Van C. Swearingen, Atty. Gen., and D. Stuart Gillis, Asst. Atty. Gen., for defendant in error.
Neisel was convicted in the criminal court of record of Dade county upon an information charging, in one count, that on March 21, 1919, he had 'in his possession custody, and control in Dade county, state of Fla., certain alcoholic and intoxicating liquors and beverages, to wit, ninety-seven (97) quarts of whisky,' and, in another count, that on March 21, 1919, in Dade county, Fla., he 'did then and there transport, cause to be transported, and was then and there concerned in the transportation from a point in the state of Florida, to wit, some point located on the Florida East Coast Railroad, running from Jacksonville, Fla., to Miami, Fla., certain alcoholic and intoxicating liquors and beverages, to wit, ninety-seven (97) quarts of spirituous liquor, commonly called whisky,' etc., contrary to the statute. He sought unsuccessfully a discharge from custody by habeas corpus proceedings in the circuit court, upon the ground that the statute on which the conviction is predicated, is unconstitutional and void. The statute is chapter 7736, approved December 7, 1918, acts of an extra session of the Legislature, convened by the Governor, and held beginning November 25, 1918. A writ of error was duly allowed and taken to the order remanding the petitioner to the custody of the sheriff by virtue of the conviction above stated.
The provisions of the Constitution and of the statute to be considered are as follows:
Amendments to the Constitution.
Section 1, art. 17, Constitution of 1885.
Original article 19 of the Constitution is as follows:
The Amendment to article 19 is:
'Senate Joint Resolution No. 4.
'A joint resolution proposed amendment to the Constitution of Florida.
'Be it resolved by the Legislature of the state of Florida:
'That article 19 of the Constitution of the state of Florida, be and the same is hereby amended so as to read as follows:
'Approved April 18, 1917.'
See Laws 1917, p. 323.
The above amendment to the Constitution was adopted by the electors of the state at the general election held November 5, 1918.
'Chapter 7736, Acts of 1918.
'An act to make effective the nineteenth article of the Constitution of this state, as amended at the general election held November fifth, nineteen hundred and eighteen, and to prohibit the manufacture, sale, barter or exchange, the transportation into this state, or from one point to another point within the state, and the possession of alcoholic or other intoxicating liquors or beverages,' etc.
'Be it enacted by the Legislature of the state of Florida:
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...110 Fla. 29, 148 So. 578; Spencer v. Hunt, 109 Fla. 248, 147 So. 282; State ex rel. Davis v. Rose, 97 Fla. 710, 122 So. 225; Neisel v. Moran, 80 Fla. 98, 85 So. 346; one will not be heard to question the constitutionality of a legislative enactment except insofar as he may be able to show t......
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