41 Fla. 363 | Fla. | 1899
The Railroad Commissioners of Florida, under the provisions of Chapter 4700 laws, approved June 3rd, 1899, made an order requiring- the Jacksonville Terminal Company, a corporation, to admit the Atlantic, Valdosta and Western Railway Company, with its engines, cars and trains, to the use and benefit of its terminal facilities and union depot in the city of Jacksonville to-
The defendant in error now moves this court to quash the writ of error upon the following grounds: 1st. Because the writ of error was issued and made returnable during a term of this court, and without warrant of law, and shows on its face that it is made returnable within a less period of time than thirty days.
2nd.' Because there is no provision in Chapter 4700 for suing out a writ of error, nor authority under said Chapter 4700, under which said writ of error is sued out,
3rd. Because there is no method provided in Chapter 4700, under which said writ of error is sued out, for a return to be made either where the writ of error is sued out, or where appeal is taken.
4th. Because there is no law authorizing writs of error or appeals to be returned to a day in a term that has already commenced at the entry of the appeal or the issuance of the writ of error.
5th. Because this is not such an action or suit as is contemplated by Chapter 4700, laws of Florida, neither the Railroad Commissioners nor the State of Florida being the real party in interest; but said litigation is between two private corporations without obligation from one to the other.
6th. Because the writ of error, as it has been issued, served and returned, is not “due process of law.”
7th. Because it denies the defendant in error “the equal protection of the laws” guaranteed by the fourteenth amendment to the constitution of the United States.
8th. Because the provision of Chapter 4700, laws of Florida, under which the writ was issued, is inoperative and void, as it is a distinct subject not connected with, related or germane to the subject expressed in the title of the act.
9th. Because the act embraces more than one subject and matter properly connected therewith.
The first, second, third and fourth grounds of this motion will be discussed together, as they all involve a construction of that part of section twenty-three of Chapter 4700 laws, approved June 3rd, 1899, which is as follows: “Appeals by either party shall be from
The contention of the defendant in error is that the word is to be given its narrowest meaning, -and as used in the statute, signifies an appeal in the strictest technical sense, as in an equity suit, as contradistinguished from a writ of error at law. If this contention can properly be sustained, then the motion should prevail, as the statute itself does not in express terms mention writs of error. But it is clear to our minds that the contention of the defendant in error is unsound, and that the word “appeals” in the quoted section is therein used in its popular, broadest and most comprehensive sense, and signifies any and all appropriate appellate proceedings provided by law for reviewing judgments at law, orders and decrees in equity, and other reviewable orders, judgments or decrees, whether by writ of error, or by an appeal proper in its strictest technical sense. The popular and most comprehensive meaning of the word “ap
It is again contended that there is no authority of law for making a writ of error returnable to a day within
It is also contended that this section violates section 20 of Article III of our State constitution, that prohibits the legislature from passing special or local laws regulating the practice in courts of justice. This contention is also untenable. In Ex Parte Wells, 21 Fla. 280, this court, after reviewing many authorities therein cited, decided, in effect, that the constitutional limitation invoked did not prohibit the reasonable classification of persons and things, and that such classification does not depend,' for its propriety, upon numbers, and that a law that affected all persons or things of a class was a general and not a special law. The quoted section of the act, under which this writ of error was issued and made returnable, out of the usual time prescribed for the return of similar writs in ordinary cases, groups together, as a class, all cases brought under the provisions of the act of which it forms a part, and makes the appeals (used in its generic sense) in all of them, returnable within thirty days, irrespective of the kind, or nature of the case. The distinguishing feature of the class of cases thus provided for is that they must have been “brought under the provisions of said act” — Chapter 4700. The act does not attempt to alter or modify any of the established forms of procedure by which any of the various kinds of cases that may arise under the act are carried through the trial courts; nor does it attempt to alter or modify any of the established forms of procedure for transferring any of such cases to the appellate courts for review, but
It is next contended for the movers that this suit is not such an action or suit as is contemplated by said Chapter 4700, laws of Florida, neither the Railroad Commissioners nor the State of Florida ..being the real party in interest, but said litigation is between two private corporations without obligation from the one to the other, and that, therefore, the case is not entitled to the speedy return and hearing before this court that is provided for in the quoted section of the act. As before seen, the only distinguishing feature of the class of cases, the 'appellate proceedings in which are to be returned within thirty days, and that are to be heard and determined in advance of other cases before the appellate courts, is that it shall be “brought under the provisions” of that particular act, and not that the State of Florida or the Railroad Commission is, or is not, a real party in interest. Section 6 of the act expressly purports to give to the Railroad Commissioners the power to regulate, supervise and control all passenger, terminal or union depot companies, and to require the admission into such union depot or terminal, by the owner, lessee or operator thereof, of any railroad company or companies that may desire to enter such terminal or union depot, or that may be required to do so by order of said Commission
It is next contended that the writ of error as it has been issued, served and returned, is not “due process of law.” The writ was issued on the nth day of October, 1899, returnable to the 6th day of November following, allowing twenty-six days between its issuance and return. It is not claimed that defendant in error has not had ample time in which to fully present its case in this court. In fact, after the case was set down for hearing the defendant in error applied for and obtained a postponement of the hearing for seven days, making in all twenty-two days after the return day of the writ when this motion to dismiss was made. The writ of error was duly recorded as provided by Chapter 4529, laws of 1897, and under the decision in the case of State ex rel. Andreu v. Canfield, 40 Fla. -, 23 South. Rep. 591, this was sufficient notice to the defendant of the suing out of the writ; and besides, the motion made by the defend
It is next contended that the hastening of the return day of all appellate proceedings under said Chapter 4700, and the advancement given thereby to the hearing and determination of such cases in the appellate courts, denies to the defendant in error “the equal protection of the laws” guaranteed by the fourteenth amendment to the Federal Constitution. It is difficult for us to discover how any party to a cause that has been advanced for hearing and determination on the dockets of a court, when he has had reasonably, ample time for preparation and presentation of such case, can complain of such advancement as a denial of the equal protection of the law. Such a complaint would 'come with more semblance of force from some outside litigant before the court, the hearing and determination of whose case has been postponed by the preferred class of cases. But does the law in question deny to anyone the guaranteed equal protection of the laws? That it does not abundantly sustained by the numerous cases in which this much invoked clause of the Federal Constitution has been passed upon by the Supreme Court of the United States. In Magoun v. Illinois Trust and Savings Bank, 170 U. S. 283, 18 Sup. Ct. Rep. 594, in which numerous precedent cases from the same court are cited and discussed, it is held that this clause of the Federal Constitution does not preclude legislation reasonably classifying persons and things, and that generally it “only requires the same means and methods to be applied impartially to all the constituents of a class so that the law shall operate equally and uniformly upon all persons in
It is, lastly, contended that the provision of said act relating to the taking of appellate proceedings in the form of writs of error is a distinct subject not connected with, related or germane to the subject expressed in the title of the act; and that the act embraces more than one subject and matter properly connected therewith. As to
The motion to dismiss the writ of error is denied.