The Palatka news and advertiser., 1915-07-16
SUPREME COURT HOLDS
CIRCUIT COURT ACT
Uncostitutional-Hon. S. j.
Hilburn is Therefore
OuSted.
Two Justices Hand Down a Dissent
ing Opinion Regarding Part of
Act Relating to this Circuit.

The opinion of the supreme court II
the quo warranto proceedings tc
oust J. Turner Butler and S. j. Hill
burn from their appointments as
Judges of the Twelfth and Fourth ju-
dicial circuits was field at late houl
last Friday. The opinion for the
court was prepared by Judge Whit
field and concurred in by Judges Tay-
lor and Shackleford. Judge Ellis is
Joined in a dissenting opinion by
Judge Cockrell
Opinion of Court.
The opinion of the court in part is
as follows:
at is contended that this statute
is invalid because the bill having been
vetoed by the governor, one house of
the legislature voted to sustain the
veto and then waived its rules by a
two-t thirds vote and reconsidered the
vote sustaining the veto. After which
under the waiver of the rules of the
house by two-thirds vote, the bill
was passed by the requisite vote, not
withstanding the governors objec-
tions thereto.
"The argument is that as the first
vote sustained the veto, there was no
power, in the body to reconsider such
vote and to pass the bill over the gov
ernor's veto. No provision of the
constitution appears to have been vio-
lated in reconsidering the vote by
(which the governors veto was sus-
tanned and in subsequently passing
the bill over the governors veto by
the requisite two-thirds vote under
the circumstances alleged in this case.
Primary Question Presented.
"The primary question presented is
whether under the constitution the
legislature has the power to provide
for more than one circuit judge to be
appointed for one judicial circuit OF
the state.
"The constitution was intended to
be exact in it's limitations of power,
not to be changed except in such par
ticular and deliberate way as to rend-
er as certain as practicable that the
electors desired, evidenced by an ex-
preston of judgment after ample
time and facility for investigation
and maturity of thought on the sub
iect. In so far as the quoted statute
provides for two circuit judges for
one judicial circuit, it is in direct
conflict with the still potential pro.
vision and limitation of section of
article V, that one judge shall be as
signed to each circuit, consequently
such provision of the statute is in op-
erative, and the appointment of the
respondent as circuit judge for a cir
cult in which there is already one
circuit Judge is without authority of
law under the constitution of this
state. Let a judgement of custer be
entered"
Opinion Is Lengthy.
The opinion of the court is quite
lengthy, containing twenty-one legal
typewriter pages. The dissenting
opinion of Justice Ellis is even long
er, containing thirty-four pages.
The dissenting opinion in part says:
"If it is true that section 8 of ar
ticle V mandatorily requires one
Judge to each circuit, and the legis-
lature has the power to create addl-
tional judicial circuits, then the crea-
ton of an additional judicial circuit
| by implication creates circuit court
thereof and if no judge is provided
for such court the governor by i'm
plication has the power to appoint a
circuit Judge and assign him to the
circuit which is without one. This
proposition is conceded by the rela-
tors counsel"
Naturally there has been some ap-
prehension on the part of litigants
and their. friends lest orders signed
by Judge Hilburn, or matters brought
before him in chambers during his
brief administration of the affairs of
the now obliterated district, should
also be voided and require their re-
newed argument before the circuit
court of the Fourth or Eighth cir
cults. When seen concerning this
matter, Judge Hilburn said:
"All orders made by me as Judge
will hold good against al collateral
attacks. There was an Office de jure,
and | was a de facto juGge. The
rule of law without exception is that
the acts of de facto officials shall not
be attacked in a collateral way where
there is an office de jure.' This is a
wise provision of the law to protect
the people in just such cases as this. "