The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1892-03-26

meaning OF the provisions of Section 5.
Art. IA OF the constitution, that the legisla-
ture shall authorize the several counties to
assess ana impose taxes for county pur-
poses, altnough the river is a navigable
stream ana public highway and may run,
llom ,ts NOUN III the county, and hundreds
Oh mlles beyond the limits Of the county and
tnrougn other counties, and commerce is
carrieo on as an entirety upon it from its
mouth towards its source for the distance
stateu'ano thence back, and large portion
OF us commerce Is to or from other states
and foreign countries, and the commerce and
business OF the river confined within the
llmlts OF the county are very small and of no
importance. The statute is not in conflict
win the constitutional provision desig-
| mated.
2. Commerce with foreign nations and
among tne states embraces not only sub
Jects which are national in their character
and require, in order to preclude discrimi.
| mating regulations by the states, Uniformity
OF regulation affecting all the 8 ates. but
also .such matters within the purview OF
| such commerce, as are local in their nature
or operation, and can be properly regulated
| by provisions adapted to their particular
circumstances. The power of congress
to regulate commerce with foreign
nations and among the states is ex-
elusive only in 80 far as it relates to
| those subjects Of such commerce that fall
within the former or national class AS to
this class the states have no power to act
even In the absence of congressional regula-
ton but as to any subject within the other
or local class, the states have plenary
power of control 80 long as congress does
not act as 10 it. The Improvement of a
navigable river connecting with the ocean
and constituting navigable water of the
United States, but lying entirely within a
| state, is subject falling within the second
| or local class, and such improvement may
be made by or under the authority of the
state 80 long as the free navigation of the
the river as 1t may be permitted by the
laws of the United States, is not impaired,
or any system for its improvement provided
by the general government lie not inter-
fered with or defeated.
8. The act of June II, 1891, (Chapter
4O77 of the statutes,) authorizing the county
OF Duval to improve the navigation of ST.
Johns river and remove distractions there
from is not in conflict with the provision
of the constitution of the Unred States
| which gives congress power to regulate
| commerce with foreign nations and among
the several states.
A. If it be that the act of June II, 1891,
authorizing the county of Duval to i'm
prove the navigation of the st. Johns
river, and to issue bonds, the proceeds of
which are to be applied to such purpose,
does not provide any means or method for
paying the principle and interest on the
bonds, such fact is not good objection to
the vllitity of the act or to the issue of the
bonds Hereunder, nor is the fact that such
provision may not be otherwise made.
5. The courts have no power to inquire
whether the notice OF application to
the legislature for local or special
Legislation, required by Section 81 Of
! 4 fi~le III sc ti." csses,'.sstias "a
BY the legislation hereunder defining
the method of publishing and proving the
publication OF such notice (act of May 81.
1887, Chapter 3708 of the statutes) has been
given. To ascertain and decide whether
the required notice has been given, is ex-
clusively legislative function and duty,
and the passage of special or local act is
a legislative judgment that proper notice
has been duly published and that the legal
evidence thereof was "established in the
legislature" before the bill was passed, and
the courts are concluded by such judgment.
6. A recital in the records of special
meeting of board of county commissioners,
that the meeting was "called by the chair
man for the purpose of ordering an cleo
ton" as to issuing bonds OF the county
under the provisions Of a designated statute,
is, in the absence Of allegation ald proof to
the contrary, sufficient evidence that notice
of the time and purpose OF such special
meeting was given to each member of the
board.
7. A special meeting of board OF county
commissioners, of which each commiss-
ioner has been duly notified, may be ad
journed to a subsequent day by the mem
| bers present, majority of the entire board;
and, it seems, that less than majority may
do so. The members present at such
meeting haYe actual notice OF the adjourn
ment, and those not present are charged in
law with notice thereof and the adjourned
meeting is but continuation Of the origi-
nal one, and anything done at the ad
journed meeting concerning the matter for
which the meeting was originally called is
as legal as if it had been done before the
adjournment.
s. Where a regular meeting of board
of county commissioners adjourns to SUBJ
sequent day, all the members being present,
each member is charged with the official
duty of attending, and with notice OF any
lawful action to be taken at such adjourned
meeting, and anything done at such meet