Revels v. De Goyler

• Decision Date: 06 January 1948
• Citation: 159 Fla. 898,33 So.2d 719
• Parties: REVELS, Sheriff, v. DE GOYLER.
• Court: Florida Supreme Court

33 So.2d 719

159 Fla. 898

REVELS, Sheriff, v. DE GOYLER.

Florida Supreme Court

January 6, 1948

Rehearing Denied Feb. 24, 1948.

Appeal from Circuit Court, Putnam County; Herbert B. Frederick judge.

Julian C Calhoun, of Palatka, Earl D. Farr, of Punta Gorda, and Mabry Reaves, Carlton, Anderson, Fields & Ward, of Tampa, for appellant.

Walton & Waton and Dowda & Millican, all of Palatka, for appellee.

ADAMS, Justice.

This is an appeal from an order discharging the petitioner in habeas corpus. Petitioner stood charged with unlawfully taking fish from the waters of the St. Johns River, north of Volusia Bar, in Putnam County in violation of Rule No. 9 as promulgated by the Game and Fresh Water Fish Commission.

The lower court was of the opinion that the Constitutional Amendment, Article IV, Section 30, was never lawfully proposed by the Legislature and that the affirmative vote by the electorate in 1942 was a nullity. Therefore, without considering any other questions, an order was entered discharging the prisoner.

We will only consider the one question of whether the Joint Resolution was passed by the requisite three-fifths' vote of the House and Senate as provided by Article XVII, Section 1, Florida Constitution.

The Senate Journal of 1941 shows that Senate Joint Resolution No. 28 was introduced to create a Game and Fresh Water Fish Commission. Paragraph 4 reads:

'The Commission shall have the power to acquire by purchase, gift, eminent domain, or otherwise, all property necessary, useful or convenient for the use of the Commission, or for the exercise of any of its powers hereunder, and in the event the right of eminent domain is exercised, it shall be exercised in the same manner as now or hereafter may be provided for the exercise of eminent domain by the State Road Department.'

After the second reading a committee substitute was offered wherein Paragraph 4 was changed to read:

'* * * The Commission shall also have the power to acquire by purchase gift, or otherwise, all property necessary, useful, or convenient, for the use of the Commission in the exercise of its powers hereunder.'

Upon the third reading, by unanimous consent, the above quoted phrase 'or otherwise' was stricken on motion by Senator Whitaker. The Resolution as amended passed by more than a three-fifths' vote of the Senate and was referred to the Committee on Engrossed Bills.

It was then certified to the House of Representatives, however the deleted words 'or otherwise' remained. It was passed by the House retaining the words 'or otherwise' and was returned to the Senate. In other words, the Resolution,...