26 Fla. 407 | Fla. | 1890
The relator was at the ratification of the present Constitution in 1886, Commissioner of Lands and Immigration under the Constitution of 1868, as amended in 1871, and claims that he continued to be such officer till the first Tuesday after the first Monday in January, 1889, and that he was entitled to be paid a salary at the rate of $2,000 per annum. The defendant’s contention is that the relator ceased to be Commissioner of Lands and Immigration, and became Commissioner of Agriculture under the new'Constitution upon its ratification in November 1886, or its becoming operative in January 1887, and that $1,500 per annum was his salary from the latter date.
The present Constitution was framed in 1885, ratified by the people at the election held in November, 1886, and under a provision of the ordinance directing its submission to a popular vote, went into effect the first day of January, 1887.
The 20th section of the Executive Article is : The Governor shall be assisted by administrative officers as follows: A Secretary of State, Attorney-General, Comptroller, Treas
The 26th section of the sáme article is as follows : The Commissioner of Agriculture shall perform such duties in relation to agriculture ds may be prescribed by law | shall hdve supervision of all matters pertaining to thephblic lands under regulations prescribed by law, and shall keep the Bureau of Immigration. He shall also have supervision oí the State Prison, and shall perform such, other duties as may be prescribed by law.
The 1st section of the schedule, or 18th article, of the Constitution reads thus : “The Constitution adopted A. D. 1868, with amendments thereto, is declared to be superseded by this Constitution. But all rights, actions, claims and contracts, both as respects individuals and bodies corporate, shall continue to be as valid as if this Constitution had not been adopted. And all fines, taxes, penalties and forfeitures due and owing to the State of Florida, under the Constitution of 1868, shall enure to the use of the State under this Constitution.”
The 3d section of this article is : All persons holding any office or appointment at the ratification of this Constitution, shall continue in the exercise of the duties thereof according to their respective commissions or appointments or until their successors are duly qualified, unless by this Constitution otherwise provided.
The 4th section is: Nothing contained in this Constitution shall operate to vacate the office of Lieutenant-Governor until the expiration of his present term.
The Constitution of 1885 is a revision of that of 1868, (State ex. rel. vs. George, 23 Fla., 585,) and both as a revision, and by virtue of the 1st section of the schedule, supra, the former organic law was entirely done away with by the latter upon its going into effect January 1, 1887, except such parts of the old as were expressly retained by the new.
We held in State ex rel. vs. County Commissioners of Duval county, 23 Fla., 483, that the office of Lieutenant-Governor under the former instrument would have expired upon the election of a President of the Senate in 1887, under the 6th section of the Legislative Article of the new organic law had it not been for the fourth section of the schedule, supra, but that the effect of this section was to continue the office of Lieutenant-Governor, with its functions, as it was constituted by the former Constitution, Section 14, Article 5, as amended in 1875, until the expiration of the term for which the incumbent holding at the ratification of the new instrument, was elected, and that that part of Section 6 of the new Constitution providing that the Senate at the convening of each regular session should choose a permanent President, did not go into effect until the session of 1889, as the functions of the office of Lieutenant-Governor, continued by the 4th section of the schedule, included the presidency of the Senate, and it must have been the purpose of the framers of the Constitution and of the people, in adopting it, that the provisions of the new instrument as to a President of the Senate should stand inoperative until the jneeting of the Legislature of 1889. The Legislature of
The 8th section of the schedule, in providing that the Commissioner of Lands and Immigration should, upon the ratification of the new Constitution, assume the duties of Commissioner of Agriculture, affords an instance in which that instrument did not intend that a person holding office should continue after the new instrument became operative in the exercise of the duties of the sama office, according to his commission, until his successor was duly qualified. The person holding the office' of Commissioner of Lands and Immigration was to assume the office of Commissioner of Agriculture, The purpose of the third section was to continue the occupants of office in office where the office itself was continued. It was not to continue an office which other parts of the Constitution showed a clear intent to abolish upon the ratification or the taking effect of that instrument. The office which the person holding the office of Commissioner of Lands and Immigration was to assume under section eight was that of Commissioner of Agriculture under the new instrument. The duties of this office as shown above, Section 26 of the Executive Article, were such duties in relation to agriculture as might be prescribed by law, supervision of all matters pertaining to the public lands under regulations prescribed by law, to keep the Bureau of Immigration, and have supervision of the State Prison, and such other duties as might be prescribed by law. An amendment of 1871 to the Constitution of 1868 consolidated the office of Surveyor-General and that of Commissioner of Immigration under the name of Commissioner of Lands and Immigration. The duties of the former office as prescribed by that Constitution were the supervision of all matters pertaining to the public lands, and of the other
It is clear that the person holding the office of Commissioner of Lands and Immigration was to assume under the new Constitution an office whose duties included all those which had devolved upon him as such Commissioner, and also other duties of another character. The provision of Section 8 of the schedule embodied in the language, “and his duties as such shall be prescribed by the first Legislature assembled under this Constitution,” is not a limitation upon the functions which he was to assume, but it was a direction to the Legislature to do at its first session whatever was necessary to be done by it under the 26th section of the Executive Article, whose provisions are given above. His duties, not with reference to agriculture, but as Commissioner of Agricuiture, or as to any and all matters within the provisions of the 26th section just mentioned, in so far as legislation might be necessary were to be prescribed at that session. The only purpose these particular words of the 8th section of the schedule subserve is, in view of what is said in the section of the Executive Article, a direction to the Legislature as to the time of its action or for prompt action ; everything else -is implied by provisions of the Executive Section as to duties that may be “prescribed by law.”
To say that it was intended by the Constitution that the person holding the office of Commissioner of Lands and Immigration should continue to hold such office, involves
Not only is it thus clear that the person holding the office of Commissioner of Lands and Immigration at the ratification of the present Constitution was not to continue in the exercise of the duties of such office, but was to assume a new office upon which were devolved the same and additional duties, but it is also clear from other parts of the Constitution that the office of Commissioner of Lands and Immigration, as a distinct administrative office, was to expire with the old instrument. The 20th section of the Executive Article mentioned at the outset of this opinion, takes the place of the 17th section of the 5th or Executive Article and the 1st section of the 7th or Administrative Article of the former Constitution. The officers named by the latter section were, giving effect to the consolidation referred to above as made by the amendment of 1871, those mentioned in the 20th section of the Executive Article of the new Constitution, an Adjutant-General and the Commissioner of Lands and Immigration. There is not to be found anywhere in the new Constitution, except in the 8th section of the schedule, any mention of the office of Commissioner
The 29th section of the Executive Article provides that’ the salary of the Commissioner of Agriculture shall be fifteen hundred dollars. The meaning of this is that the person holding the office of Commissioner of Agriculture at any time should be paid at the rate of fifteen hundred dollars per annum, and it was as applicable to the person who assumed that office in January, 1887, on the Constitution becoming operative as to anyone subsequently elected to it. That the duties of the office would be less before the Legislature should act, or before the term of the then Adjutant-General should expire, affected neither the requirement of the Constitution that the office should be assumed by the person specified in Section 8 of the schedule, nor the amount of his pay. A provision in .a Constitution for the pay of an officer must be intended for the occupant of the office of the same name, and which the Constitution expressly provides shall be assumed or occupied at a period which cannot be postponed beyond the time the instrument first became operative.
That no duties “in relation to agriculture” could be prescribed by law for the office until the Legislature should meet, must be assumed to have been as well known to the framers of the Constitution and the people who ratified it as
When the Constitution says, as it does, in the 17th section of the Executive Article, that the Governor and the administrative officers of the Executive Department shall constitute a Board of Commissioners of State Institutions, which Board shall have supervision of all matters connected with such institutions in such manner as may be prescribed by law, it means, and also meant upon going into effect, by “administrative officers of the Executive Department,” the officers named in the 20th section of the same article, supra. Among these was the Commissioner of Agriculture, which officer the former Commissioner of Lands and Immigration was to become by assuming that “office,” whatever its duties might be, and the Commissioner of Agriculture was one of the officers meant by the tenth section of the 16th article, when it said the “administrative officers of the Executive Department shall keep their offices at the seat of government.”
It is true that the Legislature of 1887 appropriated for that year and for the year 1888 enough moneys for salaries for the “Administrative Department” to permit the payment to relator of a salary of $2,000 per annum, if he is entitled to it, but not only is it not true that the act making the appropriation does not recognize or speak of the officer as Commissioner of Lands and Immigration, but on the other hand it is true that another statute, the Railroad Commission Act, passed at the same session, does mention and recognize thq “Cqn}m.is§ÍQi;er of Agriculture” as an officer qf
The judgment of the Court will be that the respondent go without day and recover his costs to be taxed by the Clerk. Tucker vs. Justices, 1 Jones 451; High on Extraordinary Remedies, 526; State ex rel. vs. Edwards, 22 Fla., 364, 370.
Judge Walker not concurring. He filed no opinion.
