The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1885-03-19
supreme Court Of Florida. Ianunrx
Term, 1855.
Elk parte Geo. s. Wels-Habeas Cornns
HEAD-NoTE.

nA parte Geo. S. Wells-Habeas Corpus.
RANEY,J.: Noih
l; An act to dissolve municpal cor,oro,;ons
unuer circumstances therein stated and to nro.
~ PROVISIONAL governments for the same !" an.
proved january 28th, 1885, las amended hv the
act approved February 18th, 1885, an dproyidinr
- ,o no HIst secuon that whenever any citv or
cornn. i.Corporateo under the general municipal
co!pOratlon act, approved February 4tb. 1850
tnueoteo to the amount of 5000 900 and has
ueiauted, and still defaults in the payment of ito
.nteiesi account, the charter of such city or
own snail be, and is hereby declared to be re-
peaeo ana 'he incorporation thereof dissolved"
Sec,;" speclai law within the prohibition of
sections II and 18, of Article 4, of the Constitn.
'lon, Out is general law for the establishment
oi UNIFORM system of municipal governments
within the meaning of Section 81 of the same
Arucle, such act itself creating a new class of
municipal corporations and imposing like dulles
| of the class panty
g. 1he lact that there may be at the time of
'ne approval OF statute only one municipality
Oh a class does not OF itself render tue statute
creating this class special and unconstitutional
O. The above statute applies as well to munich
paities which may hereafter have such ind.bt-
euness and default in paying its interest account
rs 10 those which, at its approval, had such in-
ueo'edness and have since been in default
T. lhe second section of the act making it the
uuty oil The Governor to ascertain and declare
oy proclamation TO what corporations the frs,
section applies does not confer judicial or lers
latlve powers on the Governor within the pro-
hlolton OF the article of Constitution dividing the
government into legislative, executive and Judi
CHI departments and providing that no person
properly belonging to one shall exercise any
junction properly appertaining To the others.
y. w here "A Of an oct ic al
the other portions Of the act will not be affected
oy 1t II they are capable of being executed with
out II In accordance with tie purpose of the
Legislature
.. When statute imposes n duty on the
Governor 1t is net necessary for it to prescribe
the manner of its performance
T. provision making ii felony for officer
OF preceding municipality to refuse to deliver
public property to an officer OF the succeeding
government, and Furnishing the offence by ine
and imprisonment, is matter properly connected
with the dissolution of The former aud institution
OF succeeding municipality, and the title of
the act being " an act TO dissolve municipal cor
poratlons under certain circumstances and pro-
vide provisional governments for the same" is
sufficient to cover such criminal provision under
Section IA, of Article A. Of the Constitution
8. Where the Legislature provides for the
government of class of municipalities, Com
missoners to be appointed by the Governor, and
that the Commissioners shall elect one of their
number as President, and that such President
shall be vested with all the powers and charged
with all the duties belonging TO Mayor under the
general municipal incorporation act and such
general municipal incorporation act is, with
special exceptions, made applicable to the
class of municipalities, such President can exer-
else the judicial powers Of the Mayor under such
latter act, and such legislation does not violate
Section 16, OF Article 6, OF the Constitution, pro-
vding that " the Legislature may establish courts
tar nP1lx ut..y
towns and Cities and that all laws Tor the
government of municipal courts shall be general
in their provisions and equally applicable to the
municipal courts of all incorporated cities and
towns; = nor does it violate Section IS, OF the
same Article, providing that "n no other courts
than herein specified shall be organized in this
State"
Petitioner remanded and writ dismissed.
j. p. Jones and D. L. McKinnon, for Pcti
TONER; VIM A. Blount, for The State
STATEMENT OF CASE.
This case involves the consttutionality of the
statute entitled An act TO dissolve municipal
corporations under circumstances therein stated
and to provide provisional governments for the
same" approved January %, 1885, and the act
amendatory thereof approved February 10, 1885.
The first section OF the former act provides that
whenever any city or town incorporated under
the act for the Incorporation Of cities and towns,
approved February 4, 1869" is indebted 10 the
amount Of 100000, and has defaulted and still
defaults in the payment of its interest account,
the charter of such city or town shall be, and
the same is hereby declared 10 be repealed, and
the incorporation thereof dissolved. The sec
ond section makes it the duty of the Governor,
Immediately upon the passage OF the act, TO
issue his proclamation Of such fact and trans
NIT the same, together with a certified copy
of the act to the Mayor OF each city and
town in the State, and also makes it the
Governors duty Immediately after the expi-
ration of fifteen days from the date of the
issuance of such proclamation to ascertain,
and declare by proclamation, TO what corpora
ton the foregoing section applies, and said proc
lamation shall be conclusive evidence of its
truth, and shall be made so soon after The expi
ration Of the said fifteen days as the facts men
toned in the first section shall become known to
HIM" The third section provides that the Off
GERS OF such dissolved corporations shall con-
tinue to be custodans OF its property OF every
description, land shall continue to exercise the
functions OF their respective offices so far may
be necessary to preserve the peace and good or
der OF such city or town until the establishment
OF another government, and the appointment
and qualification of officers under it, and makes
if the duty OF such former officers 10 transfer
and deliver to the officers on demand all
such property. The fourth section makes a re-
fusal TO deliver any such property felony, pun
ishable by fine or imprisonment or both. The
fifth section makes it the duty Of the Governor
appoint a Board OF seven commissioners VINO
shall elect from their number President, and a
President pro tem to act in the formers absence.
| The Commissioners to hold office for four
| wears Vacancies are TO be filled by the Cover.
| ernor, and such President shall be vested with
all the powers, and charged with all the duties
| belonging to the Mayor under the act Of Febru-
ary 1869 and the amendments thereto, except
| AS hereinafter provided" BY section six all
| such cities and towns for which Commissioners
| shall be appointed as provided for in section
s are declared TO be provisional municipalities,
the boundaries of which shall be coextensve
| with the boundaries OF such detunct cities and
| towns. and the said Commissioners, and such
| officers as may be appointed and the inhabitants
within the limits thereof, shall be vested with all
| the pow ers and authority, rights and privileges
and charged with all the duties which are con-
| feYred on the Aldermen and other officers and
| the inhabitants under and by virtue OF the ac'
approved February 4, 1859, and the amendments
| and other acts, except as hereinafter provided
| and as may be Inconsistent with this act and
| all ordinances in force in such defunct corpora
tions shall remain in force until altered or re
peaied by said Commissioners" Section sever
provides that the Com missioners shall take tht
oath prescribed by section OF the act OF Febru
ary a, 1859, and for filing a copy OF the same ant
| of the Governors proclamation in the Office o
| the Clerk of the Circuit Court of the county
The eighth section was repealed by the act o
February 18th. The ninth section as amended
by the latter act provides tor the assessment ant
| collection annually by the County Assessors ant
| Collectors of such taxes may be ordered bl
| the Commissioners, and for the payment of tn
same 10 the County Treasurer. who is mad