Stokes v. Galloway

• Citation: 54 So. 799,61 Fla. 437
• Parties: STOKES et al. v. GALLOWAY, Sheriff.
• Decision Date: 14 March 1911
• Court: United States State Supreme Court of Florida

54 So. 799

61 Fla. 437

STOKES et al. v. GALLOWAY, Sheriff.

Florida Supreme Court, Division A.

March 14, 1911

Error to Circuit Court, Marion County; W. S. Bullock, Judge.

Habeas corpus by H. D. Stokes and others against John P. Galloway as sheriff. There was judgment remanding petitioners to custody, and they bring error. Affirmed.

Syllabus by the Court

SYLLABUS

Where the title of an amending statute correctly gives the number of the section of a law designed to be amended, and also briefly expresses the subject of the section to be amended the title is sufficient, even though the title also contains matter germane to the subject, but not included in the subject of the section amended. Such a title is not false or misleading, if, in addition to the number and the subject of the section amended, it contains other cognate matter that is within one general subject briefly expressed in the title of the amending law.

The title to chapter 5692, Acts of 1907, is not misleading or deceptive, and does not violate constitutional requirements.

COUNSEL R. L. Anderson, Carlos L. Sistrunk, and H. M Hampton, for plaintiffs in error.

Park Trammell, Atty. Gen., for defendant in error.

OPINION

WHITFIELD C.J.

This writ of error was allowed and taken to a judgment in habeas corpus proceedings remanding to the custody of the sheriff the petitioners, who were held on a capias issued by authority of indictments found under chapter 5692, Acts of 1907, amending section 3470 of the General Statutes of 1906 which amending statute is alleged to have been enacted in violation of section 16 of article 3 of the Constitution, thereby making the indictments and the detention in custody of the petitioners unlawful.

The constitutional provision, the section amended, and the amending statute are as follows:

'Sec. 16. Each law enacted in the Legislature shall embrace but one subject and matter properly connected therewith, which subject shall be briefly expressed in the title; and no law shall be amended or revised by reference to its title only; but in such case the act, as revised, or section, as amended, shall be re-enacted and published at length.' Article 3, Constitution of 1885.

'Sec. 3470. Board Not to Purchase Supplies from Members of Board.--No state or county board shall purchase supplies, goods or materials for public use from any firm or corporation in which any member is interested, nor shall any such board pay for such supplies, goods or materials so purchased. Any person violating the provisions of this section shall be punished, upon conviction, by fine not exceeding five hundred dollars or imprisonment not exceeding one year: Provided, that no member of any board aforesaid who shall have recorded his vote against such illegal purchase, or who shall have been absent at the taking of the vote thereon, shall be convicted of a violation of this section.' General Statutes of 1906.

'Chapter 5692--(No. 97).

'An act to amend section 3470 of the General Statute of the state of Florida, relative to the purchase of supplies by state, county and municipal boards or councils.

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

'Section 1. That section 3470 of the General Statutes of the state of Florida be and the same is hereby amended so as to read as follows:

"Section 3470. Boards Not to Purchase Supplies from Members of Boards.--No state or county board or municipal board or council shall purchase supplies, goods or materials for public use from any firm or corporation in which any member of such board is either directly or indirectly interested, nor shall any such board pay for such supplies, goods or materials so purchased. Any person violating the provisions of this section shall be punished, upon conviction, by fine not exceeding five hundred dollars or imprisonment not exceeding one year: Provided, that no member of any board aforesaid who shall have recorded his vote against such illegal purchase, or who shall have been absent at the taking of the vote thereon, shall be convicted of a violation of this section.'

'Sec. 2. That this act shall go into effect as soon as passed and approved by the Governor.

'Approved June 3, 1907.'

The Constitution provides that...