The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1882-06-27

The FLoRrDIAN is of opinien that defaulting
road workers can be tried by jury in Justices
Court We cannot see that it is right IN the po-
sition for the law certainly says that II in the
opinion Of the Justice &c, plainly meaning tnat
the offlcer, and not jury, shall determine me
guilt or innocence of the accused. Inc rlgnt
of an appeal lies from that decision TO the Cir-
cult Court, where q jury can be had II the ue-
PENDANT should feel aggrieved. In our opinion
the Legislature possessed the same rlght 10 con-
fer the power upon q Justice TO try such q case
as il had to empower q Mayor to impose penal
ties: yet Mayors jurisdiction extends to fne
of $500. If one is unconstitutional, the DINER Is
equally so; and If they are, then no Mayor can
legally try q case in Florida The law makes ne
provision for q jury, and jury would not be
paid by the county. Again, Justice has no
authority to decide the constitutionality OF law,
but must enforce it as it reads, until higher
court determines it If the law is wrong. the JUS
tce ia not the power that made II so. All laws
shall be enforced with view to secure uniform
ity In our opinion Justices should impose
penalties under the road law until the law is
repealed, or the Supreme Court decides it uncon-
stitutional.-LGke City Reporter.
A subscriber from Southern county calls our
attention to the above from the Lake City Re-
porter, which we had probably overlooked, and
asks what the FLoRIDIAN has to say about it
We have only to repeat what was said in the
article to which the Reporter replies. The Bill
of Rights declares: :" The right of trial by jury
i" shall be secured TO all and remain inviOlate
forever, &C."
ANY law which makes crime or misdemeanor,
and gives Justice of the Peace the right to try,
condemn, fine or imprson, unless the accused
pleads guilty, or the right to refuse a jury when
one is demanded is unconstitutional, and will so
be pronounced in our judgment should case
involving the question be carried before the
proper tribunal The only cases in which JUS
tice may fine or imprison on his own mere mo-
ton are those of contempts committed while sit
ting in judicial capacity. His criminal juris-
diction is set forth in Chapter 129, McClellan's
Digest page 661. wherein are prescribed all the
forms of proceeding in cases triable before JUS
tees of the Peace
The next point presented by the Reporter is
disposed of by Section %, Article A, of the Con-
stitution, which makes it the duty of the Legis-
lature to pass general law for the establish
ment of municipal and other corporations. In
the doing of this the powers necessary to the
proper government of these corporations are
within the discretion of the Legislature. The
right of trial by jury, in cases where punishment,
not usually required in the enabling act, being
considered as excepted cut of the Bill of Rights,
and so treated by the courts
Another person sends US the following from
Putnam county:
Editor Flortdidn Do you interpret the clause
every ablebodied man." as used in the road
law, to have the strict acceptance given to it by
the u 8. Surgeons? If So then Just think of all
the ills that flesh is heir to that would excuse
at least one-haf of the men who ought to be IL
able to road duty-the loss of one joint of the
little finger, near-sightedness, and 30 on, and
then Gny nsalfornadtiOn sohGteUer, and yet the
persons having these things, are perhaps, better
able TO work on the roads than many who are
not excused. We have several cases here; one
has one leg a little shorter than the other-he
gets a doctors certificate and is excused-and
yet that man does the most laborious work, such
as blowing, hoeing grubbing, &c, and COM
mands the highest wages. Another claims to be
| dyspeptic, &C. now, if all such are to be ex-
| empt, then it is my opinion that the wording of
the law should be changed, so as to include all
those who are able to do such work as is usually
done on the roads
Hoping il will not inconvenience you to an
| swer the above l remain, yours respectfully, w.
The Articles of War are very strict, and Sur
geons are not permitted to pass q recruit who
has any defect in body or limb, or In the sense of
sight or hearing. But these articles have no
place in civil government. An "able-bodied
man." in the sense intended in the road law, is
person, we take it, capable Of doing reasonable
labor. The loss of finger would not ordinarily
be considered as disabling, as it would not inter-
fere with handling spade, shovel or hoe. Near
sightedness is not inconsistent with physical
strength and is no excuse. Malformation, unless
it is such as to prevent the person working or
interferes with locomotion, should not be exempt
Richard the Third was humpbacked, but it took
all the strength and skill of Richmond to over
come him on Bosworth field" As to dyspep-
tics, much will depend on how dyspepsia affects
them Labor and exercise, with abstinence from
stimulants, tobacco and gluttony, will cure nine
dyspeptics out of ten. Woodworking is a good
prescription in all such cases, and they should
be made to do their part. However, the matter
of disability is not to be decided by newspaper
opinions. The supervisors have the power to
pass on that question and afterwards the Justices
SO that's the end of 1t.