64 Fla. 168 | Fla. | 1912
In the Supreme Court of Florida, June Term, A. D. 1912.
To His Excellency, Albert W. Gilchrist, Governor of Florida.
Dear Sir:—
“State of Florida, Executive Department, Tallahassee, December 13, 1912.
To the Honorable The Chief Justice and the Associate Justices of the Supreme Court of Florida.
Gentlemen:—
It has been represented to me that one of the present members of the Board of County Commissioners of one of the counties of this State, about eight years ago, while at that time serving as a member of the Board of County Commissioners under a commission prior to the commission under which he is now serving, corruptly received a bribe of a considerable sum of money to influence his action and vote as a member of such Board of County Commissioners.
The charge comes from a source entitled to respectful consideration, and upon such charge I am requested as Governor, to remove the said member of the Board of County Commissioners from office.
In pursuance of the provisions of Section 13 of Article IY of the Constitution of the State of Florida, I have the honor to request the opinion of the Justices of the Supreme Court as to whether, as Governor, I have authority under Section 15 of Article IY of the State Constitution, or under any other Section of the State Constitution, to suspend a member of the Board of County Commissioners for any act of malfeasance or misfeasance committed by him in his said office under a commission prior to the commission under which he is now serving.
Very respectfully, Albert W. Gilchrist, Governor.”
The power thus given the Governor to suspend the incumbent of an office and to fill the office by appointment, is necessarily confined to the current term of the office. See Advisory Opinion to the Governor, 31 Fla. 1, 12 South. Rep. 114. The causes for suspension are “malfeasance, or misfeasance, or neglect of duty in office, for the commission of any felony, or for drunkenness or incompetency,” and the Constitution contemplates that the causes
Yery respectfully,
J. B. Whitfield,
R. F. Taylor,
R. S. Cockrell,
T. M. Shackleford,
W. A. Hocker,
Justices of the Supreme Court.