State ex rel. Parker v. Frick

• Decision Date: 24 March 1942
• Citation: State ex rel. Parker v. Frick, 150 Fla. 148, 7 So.2d 152 (Fla. 1942)
• Parties: STATE ex rel. PARKER v. FRICK, Sheriff.
• Court: Florida Supreme Court

7 So.2d 152

150 Fla. 148

STATE ex rel. PARKER v. FRICK, Sheriff.

Florida Supreme Court

March 24, 1942

John D. Shepard, of Cocoa, for petitioner.

J. Tom Watson, Atty. Gen., and Joseph E. Gillen, Asst. Atty. Gen for respondent.

BUFORD, Justice.

At the regular session of the Legislature of Florida of 1941 there was enacted Chapter 21308, Sp.Acts, having been House Bill No 1539, which provided as follows:

'An Act to fix establish and limit the weight of loads or cargoes which may be transported upon, over and across the respective bridges traversing the Indian River in Indian River County, Florida and making it unlawful to transport loads or cargoes in excess of such weight limit upon, over and across such bridges and providing penalties for the violation of this Act.

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

'Section 1. The weight of loads or cargoes which may be transported upon, over and across the respective bridges traversing the Indian River in Indian River County, Florida, is herewith fixed, established and limited at the maximum weight of five tons for such loads or cargoes drawn, propelled or transported by means of a single power unit and which limit shall be exclusive of the vehicle by means of which such loads or cargoes are transported.

'Section 2. Any person transporting or causing to be transported or assisting in transporting or causing to be transported any load or cargo upon, over and across any bridge traversing the Indian River in Indian River County, Florida, and which load or cargo drawn, propelled or transported by a single power unit is of a weight in excess of five tons, shall be guilty of a misdemeanor and shall be punished upon conviction, as provided in his Act.

'Section 3. Any person who, as a master, principal or employer, causes his servant, agent or employee to violate the provisions of this Act shall likewise be deemed guilty of violating this Act and such master, principal or employer may be tried, convicted and sentenced for such violation prior to the trial, conviction and sentence of the servant, agent or employee.

'Section 4. Any person who may find it necessary to transport across any of the bridges described in this Act any machinery or equipment of a weight in excess of the limit fixed in this Act may make application to the Board of County Commissioners of Indian River County for a permit to transport over such bridge such machinery, equipment or load and said Board, in its discretion, is authorized to grant such permit in the event of such emergency and, thereupon, the transporting of such load or cargo, as provided under such permit, shall not be deemed a violation hereof.

'Section 5. If any section or portion of this Act shall be declared to be unconstitutional or void, the remaining sections or portions of this Act shall remain in full force and effect.

'Section 6. Any person violating any provision of this Act, as herein provided, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $500.00 or by imprisonment in the county jail for a period of not exceeding six months or by both such fine and imprisonment, in the discretion of the Court trying the offender.

'Section 7. All laws or parts of laws in conflict herewith be, and the same are, hereby repealed.

'Section 8. This Act shall be effective immediately upon its becoming a law.

'Approved by the Governor, June 10, 1941.'

On January 10th 1942 information was filed against petitioner in the County Court of Indian River County, Florida, wherein it was charged:

'That Joel W. Parker late of the County of Indian River and State of Florida, on the 29th day of December in the year of our Lord One Thousand Nine Hundred and Forty-one in the County and State aforesaid, did then and there unlawfully transport a cargo across the Wabasso bridge, which said bridge traverses the Indian River, and which cargo was transported by a single power unit, and which cargo was in excess of five tons, by operating a Mack truck across said bridge which traverses the Indian River, which said Mack truck did draw an 8-wheel utility trailer, a better description of said truck and trailer being to the Prosecuting Attorney unknown, the cargo of said truck consisting of one hundred and four filed boxes of grapefruit aggregating five tons, and the cargo of said trailer consisting of one hundred and four field boxes of grapefruit aggregating five tonds, and which total load and cargo drawn and transported by such power unit was then and there of an aggregate in excess of five tons.'

Motion to quash having been denied, the accused was tried and convicted and sentenced to pay a fine of $25 and costs and in default of the payment of such fine and costs to serve thirty days in the county jail of Indian River County. Whereupon petitioner applied here for writ of habeas corpus which was granted.

In this proceeding Petitioner challenges the validity of the statute, supra.

In the brief and argument several points are presented upon which petitioner rests his conclusion that the Act is invalid. We deem it necessary to consider only two points presented. The first is whether or not the Act contravenes Section 1 of the Declaration of Rights of our Constitution and the Fourteenth Amendment to the Federal Constitution. See 25 American Jurisprudence, page 469 Sec. 174.

The record shows that the bridge upon which petitioner is alleged to have violated the statute is a constituent part of the State Highway System of the State of Florida. The State of Florida, having established its highway system in 1933, through its legislature enacted Chapter 16085 whereby it fixed load limits which could be lawfully transported over the State highway system of Florida and by Chapter 20210, Acts of 1941, increased the weight limit allowed for motor trucks and trailers on the State highways. Section 1 of the latter Act provides as follows:

'Section 1. No motor vehicle, or combination of vehicles shall be operated on a public highway in this State with a gross weight per vehicle, including the weight of such vehicle, in excess of 16,000 pounds; except that the weight of any vehicle may exceed such amount (but may not...