107 Fla. 850 | Fla. | 1933
No purpose was expressed in our opinion filed Dec. 12, 1931 (reported in
Assuming that it is true that the Governor's communication to the Senate, when liberally construed, does not contain a sufficient recommendation for removal from office to comply with the requirements of Section 15 of Article IV of the Constitution, as it was construed by this Court in Advisory Opinion to the Governor,
The power conferred upon the Governor and the Senate by Section 15 of Article IV of the Constitution to bring about the removal of certain officers for specific causes, implies authority to judge of the existence of the cause, and orders made in the exercise of that power are presumptively valid and based upon sufficient procedural steps to warrant the same, unless the contrary is clearly made to appear. Courts have no power, per se, to annul or set aside the irregular acts of the Governor or other officials or departments of the government, and where the record shows that the Senate has affirmatively given its "consent" to the permanent removal of a county officer, under Section 15 of Article IV of the Constitution, the Courts may indulge the presumption that the "consent" of the Senate was based upon a proper recommendation of the Governor, unless that presumption be clearly and affirmatively overthrown by the party upon whom the burden rests to maintain that contention, and in every case, all reasonable intendments will be indulged in to support the sufficiency of the challenged acts of the Governor and the Senate.
The petition for a rehearing should be denied and it is so ordered.
BUFORD, C.J., AND WHITFIELD, TERRELL AND DAVIS, J.J., concur.
BROWN, J., dissents. *853