Snowden v. Brown

• Decision Date: 05 November 1910
• Citation: 60 Fla. 212,53 So. 548
• Parties: SNOWDEN v. BROWN, Sheriff.
• Court: Florida Supreme Court

53 So. 548

60 Fla. 212

SNOWDEN v. BROWN, Sheriff.

Florida Supreme Court

November 5, 1910

In Banc. Error to Circuit Court, Brevard County; Minor S. Jones Judge.

Petition of J. S. Snowden for writ of habeas corpus to J. P. Brown Sheriff. From an order denying the writ, plaintiff brings error. Reversed.

Syllabus by the Court

SYLLABUS

Section 3 of chapter 5973 of the Laws of 1909 is in conflict with the provision of section 20 of article 3 of the state Constitution, that 'the Legislature shall not pass special or local laws * * * for the punishment of crime or misdemeanor,' and is not authorized by any other provision of the organic law. Such section 3 is inoperative and a sentence imposed under it is void.

The Legislature may enact special or local laws within its discretion for the protection of fish or game in this state and by valid general laws may prescribe punishments and penalties for violations of the special or local laws.

In construing and applying a statute, the main object is to effectuate the valid legislative intent. The language and purpose of a statute should be considered, in ascertaining the legislative intent as to the subject-matter upon which the law is to operate.

Statutes prescribing punishments and penalties should not be extended further than their terms reasonably justify.

The terms of Laws 1909, c. 5920, do not justify its extension to Laws 1909, c. 5973.

COUNSEL Frank W. Pope, for plaintiff in error.

Park Trammell, Atty. Gen., for the State.

OPINION

WHITFIELD C.J.

The plaintiff in error presented to the circuit court a petition, alleging his illegal detention by the sheriff of Brevard county, Fla., under a commitment issued by the county judge of Brevard county, upon a conviction of petitioner for a violation of chapter 5973, Laws of Florida, by fishing with a haul seine or drag net in the waters of Indian river, less than 20 miles west of the Atlantic Ocean; the sentence being a fine of $50 or one month's imprisonment.

The illegality alleged is that the statute under which the sentence was imposed is unconstitutional. Petitioner was remanded, and a writ of error allowed him by the circuit judge.

The statute is as follows:

'Chapter 5973.

'An act to prohibit the catching and taking of fish with haul seines or drag nets, and to prohibit the use of haul seines or drag nets in all of the salt and fresh waters of the counties of Brevard, St. Lucie, Palm Beach and Dade, situated within twenty miles west of the Atlantic coast, and north of the waters of Biscayne Bay, and to fix the penalty for the violation thereof, and to provide for the seizure and destruction of all haul seines and drag nets used in violation of this act.

'Be it enacted by the Legislature of the state of Florida:

'Section 1. It shall be unlawful for any person, firm or corporation to take or catch any fish with haul seines or drag nets in any or all of the salt or fresh waters of the counties of Brevard, St. Lucie, Palm Beach and Dade, situated within twenty miles west of the Atlantic coast and north of Biscayne Bay, in Dade county.

'Sec. 2. It shall be unlawful for any person, firm or corporation to use, set, put, float, drag or maintain any haul seine or drag net in any of the waters described in section 1 of this act.

'Sec. 3. Any person, firm or corporation violating any of the provisions of sections 1 and 2 of this act shall be punished by a fine of not less than fifty dollars and not to exceed five hundred dollars, or by imprisonment in the county jail for not less than one month and not to exceed six months, or by both such fine and imprisonment.

'Sec. 4. Any haul seine or drag net, set, put, floated, had, found or maintained in or upon any of the waters described in section 1 of this act is hereby declared to be and is a public nuisance, and may be abated and summarily destroyed by any person, and it is hereby made the duty of each and every sheriff and game warden of Brevard, St. Lucie, Palm Beach and Dade counties to seize, and remove, and forthwith destroy the same; and no action for damages shall lie or be maintained against any person for or on account of any such seizure and destruction.

'Sec. 5. This act shall go into effect immediately upon its passage and approval by the Governor.

'Approved May 17, 1909.'

The insistence is that section 3 of this quoted act should be regarded as eliminated, because it is in conflict with the provision of section 20 of article 3 of the Constitution, that 'the Legislature shall not pass special or local laws * * * for the punishment of crime or misdemeanor,' and that, there being no applicable penalty provided by statute, the fine and alternative imprisonment imposed by the trial court is not authorized by law, and is illegal and void.

If the sentence is not authorized by a valid statute, the petitioner should be discharged.

Section 3 of chapter 5973 is a local or special law, and provides a punishment for the unlawful acts or offenses defined in sections 1 and 2 of the act, which offenses, if punished by fines and imprisonment in the county jail, or both, are crimes and misdemeanors. Section 3, being a local law providing a punishment for such crimes and misdemeanors, conflicts with the quoted provision of the Constitution, and will not be enforced by the courts, unless it is authorized by some other provision of the Constitution.

Section 24 of article 3 of the Constitution provides that 'the Legislature shall establish a uniform system of county and municipal government, which shall be applicable, except in cases where local or special laws are provided by the Legislature that may be inconsistent therewith.' This section of the organic law relates to county government, and the protection of fish or game is not so essentially a feature of county government as to make section 24 applicable to chapter 5973, which is designed to protect fish in the waters of the whole of or such parts of four counties as are located within 20 miles of the Atlantic Ocean, even if section 24 of the Constitution, above quoted, was intended to authorize the passage of special or local laws to punish crimes or misdemeanors defined and designated to make effective provisions relating to county government, where such special or local laws are expressly forbidden by section 20 of article 3 of the Constitution. Being expressly forbidden by section 20 of article 3, local or special laws for the punishment of crimes or misdemeanors are not authorized by any other provision of the Constitution.

Regarding section 3 of chapter 5973 as being unconstitutional and eliminated, the other sections of the statute may not be thereby rendered inoperative, if there is a statutory penalty that is applicable to the acts specified in sections 1 and 2.

The Legislature may enact special or local laws within its discretion for the protection of fish or game in this state, and by valid general laws may prescribe punishments and penalties for violations of the special or local laws. Harper v. Galloway, ...