*1 Agnеw, Appellants;" for P. A. Vans G. P. Garrett and Futch, Appellees. and B. Gaines & John Sutton having Curiam. This cause -been sub- heretofore Per upon transcript mitted to Court of the record herein, argument the decree and and of counsel for briefs respective parties, having record been seen inspected, being judg- and the Court now advised of its’ given premises, ment to be in the it seems to the Court decree; there is no is, therefore, error the said it consid- ered, adjudged ordered and the Court that the said de- be, hereby cree of the Circuit Court and the same is af- firmed. J., J., P. J.
Whitfield, Buford, and Terrell concur. Error, v. Clarence
The State Florida, Plaintiff in Error. Sullivan, Defendant En Banc.
Opinion February 14, Filed 1928. *4 Davis, Fred H. Attorney General; B. Parhhill, Charles Attorney, State Himes, and W. F. for Plaintiff in Error. *5 Attorney General, Parhhill, Fred Davis, H. B. Charles Attorney, Himes, and Tampa, State W. F. of for Plaintiff Error; McMullen, Tampa,
D. G. of for in Error. Defendant Roy Riley Wood, Miami, Bart and of as amici A. S. curiae. Legislature regular J. The at its session Terrell, Chapter 11975, Florida, creating of enacted Laws
Court of in certain this Crimes counties of State. Clarence Sullivan, error, petit the defendant was convicted for larceny County, of Hillsborough in the Court Crimes of so created, days sixty county and sentenced serve in the jail, pay costs, a fine of One Hundred Dollars and and payment in default of serve an said fine to additional sixty days jail. judgment entered, Sulli- so Clarence
Subsequent to the corpus from applied procured for and a writ habeas van made to the this Court which was returnable a member of Hillsborough County. To Judge of Circuit Court of return, sheriff filed his the said of said writ petitioner virtue the convic- stating he held that The then petitioner and as above stated. tion commitment discharge, ground on sole predicated his for filed motion Hillsborough creating the Crimes for Court of act Judge County void. Circuit is unconstitutional July 7, 1927, judgment holding Chap- said entered his final Crimes, creating said Florida, Laws of Court of ter void, discharging peti- null and unconstitutional, custody. Sullivan, that final tioner, from From Clarence prosecuted to judgment of error was this Court. writ validity Chapter 11975, Laws The constitutional (1) that on Florida, grounds, on the it trenches assailed Record, (2) the the Criminal Court of jurisdiction of are in which Courts Crimes of counties classification irrational, arbitrary, (3) pro- unreasonable created is judge indirectly an for the Criminal additional vides
197 (4) Becorcl, of if Court and even it could be done under Constitution, give jurisdic- the Act does not concurrent tion of misdemeanors to Court of Crimes with that of the Criminal Court of Becord. questions
The answer to these an interpretation involves of provisions certain of those of V Article of our Constitu- tion, relating to Criminal of juris- Courts Becord and their diction. Article V of the Constitution is better known as judiciary provides article. It complete scheme for the creation, organization, jurisdiction and administration of Department the Judicial of the State Government. Sec- tion 1 enumerates what judicial courts оf the State shall be vested in. 2 7, Sections inclusive, to and Sections 43 and 44 relate organization jurisdic- to the and tion of circuit courts. 16 Sections and 17 relate to the organization and judges’ courts. 18 19 organization jurisdic- Sections and relate to the and county courts, tion of and 20 relates to referees for the trial of civil 23, inclusive, causes. Sections 21 to relate organization to the justice and peace of the 32, courts. Sections 24 inclusive, organiza- relate to the and tion of criminal courts record, and Sec- 41, inclusive, organization relate to the tions and County. the Court of Becord for Escambia appeared for criminal courts of record first Provision Constitution of 1838 1885. The Constitution Confederacy), (for period the Constitution 1868, any provision made nor the Constitution of population sparse Prior to 1885 was such courts. both rural, exception, crime was the and means for the trial amply provided for in punishment of criminals was consequеntly courts, the circuit and inferior no demand arose for criminal courts of record. When demand ‘‘ they only County in 1885 authorized in did arise were *7 majority of the of a upon application
of Escambia Legislature as the in other counties registered voters such may expedient.” deem relating to Y criminal of Article provisions
Those interpret for the on to we are called of record which courts cause raised this answering questions the purpose as 1, 25, 24 and and are follows: are Sections 1914.) general election, (As 1. at amended “Section in a Su- the shall be vested judicial power The State Court, of Record of Escambia Court, Circuit Court preme Courts, County County Judges County, Courts, Criminal Courts, and other courts or Peace such and Justice of the may time time Legislature from to commissions Legislature prescribe The ordain and establish. judges justices and of the several of the compensation under the Con- courts, no court heretofore established but hereby abol- Laws of Florida shall be stitution and the ’’ ishеd. originally 1885, Constitution of written As as follows: was be judicial power 1. of the State shall “Section Courts, Court, Circuit Criminal Supreme in a vested County Jus- Courts, County Judges Courts, and Courts, tice Courts.” of the Peace County 24. shall be established There
“Section majority upon Escambia, application of a legislature registered in such counties as the voters other Record, and expedient, Court of deem a Criminal judge courts, who each of the said there shall one appointed and confirmed shall be Governor years, Senate, shall hold for four and whose who his office year, salary counties shall be One Thousand Dollars paying the salaries.” 25. The said courts shall have
“Section all criminal capital cases not in said which shall arise ’’ respectively. counties
It first Chapter 11975, contended that Acts of creating Hillsborough County Court of Crimes for trenches on the of the Criminal Court of Rec- ord. Whether or not the was authorized create a court County in Hillsborough crimes and vest it with try all misdemeanors is its last analysis scope determined effect that should *8 given be words, to the “such other courts or commissions as legislature may the from time to time ordain and estab- lish” as used in V, judi- Section of defining Article the cial of “jurisdiction the State and words the all of criminal capital” cases not as used in Section 25 of Article V defining jurisdiction of criminal courts of record. 11975,
Chapter Florida, Laws of of creates a “Court in in Crimes each the State of Florida which alone judicial provided constitutes a circuit which there is judges lawby having popula- two or more resident and than according tion of more one hundred thousand to the jurisdic- last State census.” The Act further defines the Crimes, provides tion of judge the said Court of for a of court, compensation, said fixes his and designates term and sheriff, prosecuting who shall clerk and thereof, be officer prescribes powers and their and duties.
The authorization of “Such other courts or commissiоns legislature may as the from time to time ordain and estab- lish” was an amendment adopted to the Constitution very 1914. This many amendment had a material effect on repealed sections of V. It Article Section 9 in toto and modified Section and Section -35 as amended in so legislature as to enable the to establish additional courts and commissions, necessity locality for and of such additional courts and being commissions committed legislative discretion. In authorizing additional courts necessarily authorized
and commissions said amendment jurisdiction prescribe regulate and Y in Article limitations contained thereof within the already courts enumerated affecting the of legislature to thereby. authorizing the In so established such additional prescribe regulate establish, it ordain courts and commissions as necessarily modified those sections said amendment When pertaining of courts. Article Y to the think analyzed historically do not other studied and we 19'14 the effect of the reached as to can be conclusions Y. We under- do not 1 of Article to Section amendment cases not "jurisdiction all criminal words stand the Y Con- capital” as 25 of Article used defining jurisdiction of criminal courts stitution juris- equivalent imply or to to "exclusive” record to "all” said The word as used diction such causes. quantity limits clearly has to and Section 25 reference degree of litigation. It does not affect classification litigation. terminology
In the of the law the word *9 meaning and is applied to courts has a well defined there in its nothing inherent nature which renders it exclusive. That classifications in well there are nouns, known and understood as are the classifications adverbs, or trusts and verbs the classifications of cor- concurrent, porations. may Jurisdiction or exclusive original, appellate or final. These are fre- classifications quently in recognized the Constitution statutes our 5, 17, An inspection 11, states. of Sections 18 and 22 of dealing V with the Article of various courts system сomprising judicial our discloses that circuit courts Supreme original and Court have and concurrent jurisdiction in In certain matters. other a matters like applies courts, rule to circuit and certain inferior while
201 original jurisdiction the circuit courts have “exclusive equity, law, cognizable all cases in also all cases at courts, involving legality inferior and in all cases any assessment, toll; ejectment tax of the action of involving and of actions the title or real all boundaries of estate, cognizable by and all criminal cases not inferior courts; original jurisdiction entry of actions of forcible detainer, and unlawful and of such other matter as the legislature may (Section Y, provide.” 11, Article Con- stitution.) grant property
Jurisdiction then “is not like
which
cannot have several owners at the same time.” Two or
more courts
have concurrent
of the same
subject matter, and the rule is well settled that when the
specific
jurisdic
Constitution or the
statute
terms vеsts
qualifying
tion
tribunal without the
term “exclu
sive,”
equivalent import,
or words of
in its discretion vest the like
in another court
Hays McNealy,
or tribunal.
v.
A was considered Supreme Court Preston, of the United Bors v. 111 252, States U. S. 28 202 on to con- was called this case the court In
L. Ed. 419. III Con- 2 Article of the Federal 1 and strue Sections to discussion pertinent this stitution, of which are parts provide: judicial power of the States United 1.
“Section Court, inferior Supreme and in such in one shall be vested to ordain Congress from time time courts as the ’’ establish. affecting ambassadors, other all 2. In cases “Section State consuls, those which a public ministers original Supreme shall have Court party, shall be jurisdiction.” scope “original
Discussing and effect of the term jurisdiction” Supreme of the States of the Court United questions affecting ambassadors, min- public in all other consuls, employed quoted, isters and so Congress it in the that court held was vest concurrent of such in the cir- cases court Kansas, cuit of the United States. Ames v. U. S. 482; Ravors, 297, 28 L. v. 2 Dallas 449, Ed. U. S. 31 L. Ed. Preley Crawford, 69; Luco, 146; Gittings 76 Fed. v. No. v. 5465, v. Louisiana, Fed. Cas. U. S. U. 31 L. Ed. S. 69.
By parity reasoning, competent Congress if it is vest affecting concurrent of eases ambassa- public dors and other ministers the Circuit Courts of when United States the Federal Constitution vested “original jurisdiction” of such in the Supreme cases Court it competent Legis- United States would seem for the lature of Florida to vest in the court of crimes “concur- original jurisdiction” rent all cases misdemeanors when the Constitution Florida vested in the Criminal “jurisdiction Court of Record of all criminal cases ’’ capital.
203 as capital” not of all criminal cases “jurisdiction If is V of the Constitution in 25 of Article Section defined jurisdiction petb as equivalent to or means “exclusive” it is same rule must then exiomatic that the tioner contends jurisdiction justice of of as apply peace courts to 22 jurisdiction defined and to the of Section- jurisdiction as in Section 18 and of courts defined to the county judges’ 17, courts as defined to Section part jurisdiction of the of circuit courts not “exclu- sive” as defined in Section 11 of the same Article. If this jurisdiction rule determines the courts, these it neces- sarily jurisdiction follows that the of civil courts of record as defined 3310, Section Revised General Statutes Florida, as Chapter 8521, amended Acts 1921, and possibly juvenile courts, both of which pursuant were created Section of Article Y of Constitution as largely, amended if totally, invalidated. net The result of which is that no field is left operation for the “such other courts or commissions” as may be creatеd.
It is contended defendant error that since Section 1 of Article Y of the Constitution does not authorize prescribe such courts commissions it ordain establish, for said courts and commissions provided by cannot be vesting them part with of the of the courts already designated in the Constitution only and that the effect of the 1914 amendment to Section 1 towas remove limitations on the establishment of other additional courts as defined in of Article Y of the Constitution. It is further contended on point this that the civil court ‘‘ ’’ of record is one of the recognized inferior courts in Sec- tion 11 of Article Y Constitution.
We do not think this contention is grounded. well *12 “such, courts or commissions as other
power create to and establish” time ordain may from time to Legislature the establishment the limitation on only removes not V, Article in Section as recited additional courts clothe said courts or necessarily implies power to but it jurisdiction to may with be established commissions which may legally presented as be such' causes hear and determine jurisdiction of other courts long as the them, and so to is within the is not exclusive it in the Constitution named such courts or commissions Legislature to vest power of the jurisdiction, original or with may see fit to establish as it recognized jurisdiction of those courts with the concurrent courts as To authorize additional the Constitution. in per- demand was exigencies of the times and conditions in do, undertake to write fectly thing to but to reasonable courts jurisdiction of a court or law the the fundamental generation decade or the next in the next to be established varied developing commonwealth with all the rapidly ain impractical impossible if not to do. of Florida was resources ‘‘ ’’ courts, term, employed inferior scope of the As to the say had it is sufficient to that it V, 11 of Article in Section all those courts inferior to circuit to or reference in at the of its the Constitution time provided courts may embrace think that said term now but we adoption, originally for, but all those which only provided thоse not V, 1 Article pursuant to Section established be 1914. amended in “such conclude that the to create
We therefore Legislature as the from other courts and commissions authority establish,” ample was time to time ordain in Legislature provide a court of crimes for the Hills- County clothe it with concur- borough and to in criminal court of record all cases of mis- rent with the demeanor, of the criminal court of that in record “all criminal not capital” cases as defined in equivalent Section 25 Article V is not to or co-ordinate cases, with “exclusive” in such and that the brought question away Act not attempt does take away any power take from the criminal court record vested it the Constitution.
But it is contended defendant error even if it constitutionally, Chapter 11975, could done of 1927, Acts only completely fails to vest concurrent *13 all cases of misdemeanor in the of court and crimes the record, criminal court of but that it contradictory is so in destroys any its terms that it jurisdic- basis for concurrent tion as to said causes said courts. This contention is predicated showing on the defining jurisdic- that after the tion of the provides court of crimes Act the the that clerk of said court shall transfer the docket of the court of crimes all of pending eases misdemeanors in the criminal record, of court that county and thereafter the solicitor shall file all informations in the criminal court of record they immediately shall and be transferred to the docket of crimes, the removing jurisdiction court of thus of misde- meanors from the criminal contrary court of record to Sec- 25 of Article V tion of the Constitution. predicate for this contention is embraced in Section Chapter 12
1 and of of Acts 1927. Section of said defining Act pro- court of crimes that vides “the said court shall original have concurrent jurisdiction with the criminal of court of record said county in all cases of misdemeanors.” Section 1 further сounty provides that “the county solicitor of such shall be prosecuting officer of crimes, said court of and the prosecutions in said court shall be information filed county county; solicitor of such such information to be county filed the criminal court of record of said court to clerk of said immediately transferred kept to be separate in a docket docketed of crimes court provides the Act of purpose.” for that crimes a court of of “immediately the establishment upon record of criminal court of county clerk of the docketed to and transferred cause to be shall such pend- misdemeanors all cases of crimes court of the said court of record.” criminal ing in such original jurisdiction concurrent have The words “shall of criminal court of record in all cases misde- with the the court determines the meanors” The fact that the clerk of the criminal court crimes. the court of required is to transfer to the dоcket of record pending in said crimes all information misdemeanors the time of the creation of the court of crimes or court at brought way therein in no dis- which thereafter be criminal Its court record. turbs finally disposed retained until the cause is question, may decide that it be that of, and while we do not can judge up the criminal court of record take try in the court of crimes. The court of pending causes *14 institution, though in a separate a and distinct crimes is auxiliary arm or of crim- be said to be an sense it In the same sense the civil court record. inal court of auxiliary The an arm or of the circuit court. be of record and the criminal court court of crimes jurisdiction of the they misdemeanors, have the concurrent of record attorney, sheriff, prosecuting pro- methods of clerk, same causes, and the same of disposition of number in the cedure objections may year. go These in each court of terms creating of Act administrаtion and structure they not affect the constitutional will crimes, but of court fully reveals the entire Act validity if the substance of it administered. can be that purpose a
207
artistically
Chapter 11975 is
that
said
cannot be
It
materially lacking in the attributes
fact,
is,
It
drawn.
in-
not render it
this does
but
draughtmanship,
good
body of the
gleaned from the whole
be
if there can
valid
statutory
In
con-
legislative intent.
clear, definite
Act a
we
pole star
which
intent
is the
struction,
legislative
given
even
must be
effect
this intent
guided
must
the strict letter
may appear to contradict
though it
pri-
The
of construction.
canons
and well settled
statute
designated should determine the force
mary purpose
interpreta-
in the Act and no literal
used
effect of the words
unreasonable or
leads to an
given that
tion should be
designed by the law-
purpose
or a
conclusion
ridiculous
Co.,
246,
64 Fla.
60 So.
Power
Davis v. Florida
makers.
District,
446,
Bridge
73 Fla.
Special Road &
759; Willis v.
363,
Luning
Johnson, 71 Fla.
v.
495;
State ex rel.
So.
Payne
847,
18;
Curry
Lehman, 55 Fla.
So.
477;
v.
72 So.
Smedley
538;
v.
&
219, 89
Axtell
Payne, 82 Fla.
So.
v.
Co.,
It is irrational, are created is courts of crimes in which counties arbitrary. unreasonable county a “court of crimes each
Chapter 11975 creates judicial alone constitutes a Florida which the State of provided law two or more there is for which circuit having population a more judges and circuit resident ’’ according last State census. 100,000 to the than provision subject Act to the do not think this We it. It admitted at the bar that if made on was assault legally competent could be created it was court of crimes legislature to create such court Hillsborough for the county or in other of the State. consti- authority provided for courts of crimes as Sec- tutional *15 fully in opinion 1 of has been covered this tion Article Y known It is well discussed here. not be further and will county single two a with judicial circuits of that we have recognized is also judges. Population more circuit or cоmpe- If it is basis for classification. as a reasonable law law by general special or legislature to create for the tent then it must of the State a of crimes court compose as them in such counties competent to create judges popula- a having two or more judicial a circuit 100,000. than tion of more holding are mindful of the fact that classifica- In this we arbitrary un- cannot be adopted tions just the Act reasonable; they must bear some relation to regulated, question classi- subject but and the unimportant this case because fication becomes exclusively commissions is create additional courts or showing an legislative and there is no here of discretion abuse of this discretion. Chapter 11975 in contended that effect creates
It is last judge for the criminal court of record con- an additional trary of Article Y of the provisions to the Constitution.
- part upon is based of Section This contention authorizing the creation of the criminal courts Article Y judge provides that “there shall be one of record which clerk, courts” and the further fact that the for each of said attorney, procedure sheriff, prosecuting as to misdemeanors was the same the court of crimes court of record. What has been in the criminal said subject opinion on the of courts and their this complete question. might add, to this We is a how- answer originally ever, adopt- that Article Y of the Constitution as organization prescribed a hard and fast rule for the ed judicial government. department of the State composing department said and their courts
209 1914 specifically set out. The amendment to Section were legisla- in 1 of ArticleV and vested relaxed terms to commissions, ture to create additional courts and already the need provided those when supplement aid or a court pressing. for them cannot conceive of with- was We judge hear and determine matters out a and in jurisdiction are judge A and properly presented to it. necessary legal prerequisites to constitute other words the nonentity. The it would be court, stripped of them a necessarily implies the therefore, to create a court power, provide for the power to clothe it with juris- judge of a to exercise appointment or election diction. of the criminal court of record was
If the capital to all criminal eases Sec “exclusive” as originally incorporated had remained 1 Article Y tion of might ruled the doctrine Constitution, this ease in the 771, but Butler, 70 Fla. So. in v. announced State capital is not eases not of criminal since the and the amend record court of criminal exclusive Article V authorizes “such other ment to Section legislature may as the time courts and commissions from establish,” we do ordain and not think the rule to time Butler, supra, announced in State v. has influence on this case. given questions have careful consideration to all
We doing greatly light- this our labor has been raised and by very argument briefs and of counsel both ened able on presumptions conclusion is that the in favor of sides. Our validity assaulted have not of the Act been overcome. seeking strike down an Act of the One presumption valid, the outset confronted with the that it is constitutionality that all doubts as to its must be resolved *17 validity its and that the terms of the Act must be favor of legislative possible. if that construed to effect the intent be legislative every Act till presumptions These abide with having successfully assaulted we overcome and not been Chapter 1927, a lawful exercise think Acts of was legislature of Arti- power vested judgment cle V of the Constitution so the below is reversed petitioner and the is ordered remanded.
Reversed. J., Strum, P. J., Whitfield, J. Brown and Buford, concur. J.,C.
Ellis, dissents. (concurring) J. :
Strum, having power pre- in the manner scribed in the Act to create the Court of Crimes and invest it with concurrent with the Criminal Court of Record in all misdemeanоrs, cases of also exists legislature by in the necessary implication provide to necessary all incidents without which the court could not properly organized and without which it could not properly function. Ecthman, State v. 88 S. Rep.W. 643. If the Act mandatorily be construed as requiring every prosecution for misdemeanor to be certified to the Court Crimes, thereby of excluding the Criminal Court of Record cases, from the trial of all might such it be in respect that repugnant to If, however, the Constitution. portions those relating of the Act to the certification of misdemeanor cases from the Criminal Court of Record to the Court of Crimes be directory, construed as which is recognized proper a construction of the word “shall” in certain in- statutory construction, stances of objection that Court of Record operates deprive Act to the Criminal obviated. So part its constitutional discretionary construed, upon Act the clerk bestows authority certify cases to the Court of misdemeanor Crimes, though destroying impairing the constitu tional the Criminal Court of Record re spect to that class of cases. The activities of the clerk are, course, subject this powers behalf judge of respect the Criminal Court of Record to cases within the appreciate court. I fact *18 that such a construction the Act prac occasion the tical criticism that whether or not the Court of Crimes try receives cases to dependent primarily upon is the act of one of its ministerial officers. That situation, while perhaps anomalous, is not fatal constitutionality to the the Act. That criticism would practical op relate to the eration Act, of the not to validity. its constitutional “jurisdiction” may court’s exist notwithstanding fact the that assigned no cases are to it to be tried. “Jurisdic tion” the of a court to hear and determine a cause. The existence of that depend does upon proper assignment specific to it of cases to be tried. See Blackstad Merch. Co. v. al., Bond et 148 S. W. Rep. 262. duty
It is our legislative to sustain the will when it is positive organic not in law, conflict with even when that obscurity will presents is veiled some and a course which might perhaps produce an anomalous situation in the event such obstinately ministerial officer acts unwisely. It is presumed that the will duty, officer do his and we can not legislative strike down valid a upon act prophesy mere that it improper be subverted official a action of ministerial officer whose functions are vital to the activi- court, ties of the nor prescribe because it does not a method might more assignment which we deem for the cases premises. practical appropriate and in the here, it quite presented In situation that similar to although Supreme Georgia, was held Court express the statute there under consideration contained no under, provision assignment for the сlasses of cases of.the jurisdiction, consideration to the new court of coordinate judge (which existing correspond court would to the situation) pos- Criminal Court of Record in our authority sessed certify cases to the new court under pur- its broad Act and view of obvious terms pose. Rep. compe- State, Dismuke v. E. 561. It is S. tent, think, authority I for the to vest this clerk, subject authority to the constitutional Record, judge although of the Criminal Court of a better procedure might readily course of be conceived. expressed I concur in Mr. the views Justice Terrell and Mr. Justice Whitfield the order of reversal. J., P. Terrell, Buford, Brown
Whitfield, J., J. concur. (concurring) : J.
Whitfield, *19 Constitution, V, Article of the State as amend- power 1914, provides that the “Judicial of the State ined Supreme Court, Court, in a Circuit Court shall be vested County, County Courts, Escambia Criminal Record of Courts, County Judges and of the Justices Peace and such Legislature may as the from other Courts or Commissions time ordain and establish.” time to object legis- amendment to authorizе The of the was the courts “from as provide to additional time to time” lature judicial may required for the due exercise of “the be justice may “right be the so that adminis- State” required by sale, delay,” as tered without denial Sec- quoted Rights. Declaration of The section tion of the contemplates that of the as amended when Constitution legislature does “ordain and establish” “other courts” specified section, in such “other courts” than those judicial power of portion shall be vested with a of “the spe- in the courts State,” that had theretofore vested cifically purpose in no named the Constitution. Otherwise “or- authorizing courts” to be could be served “other Surely by legislature. dained and established” may be courts organic amendment did not intend that courts any jurisdiction, established without the other when already established could dispose of all of the eases organic jurisdiction. within their The amended section judicial specifically provides that the power of the State shall be vested in named courts and “other courts” to portion be judicial power established. of “the of the State” “to be vested in” such “other “or- courts” when dained and by established” is of course to be determined law-making power State, subject controlling provisions of the In Constitution. view of the amended organic provision “judicial power of the State” * * * vested “such other courts' as the may from time to time ordain establish,” as well in the courts section, named legislature may law establish “other courts” and confer upon them such appropriate jurisdiction as is not forbidden the Consti- organic tution. provision While an giving a named court “exclusive” might of stated classes causes in effect forbid the exercise of that exclusive court; yet another organic an provision giving a named court jurisdiction, but jurisdiction, not exclusive of all cases class, of a stated legislatore not forbid give to another court, organic pro- established under the vision, juris- concurrent with the court that has *20 jurisdiction If
diction bnt not exclusive of all such eases. legislature may that “the so, this is not “other courts” cannot be from time to time ordain and establish” vested expressly “judicial power provided with of the State” as is 1 of Article V. amended Section amended, original organic specifically like section provides judicial power that the of the State shall be vested * * * Supreme in a Court, Courts, Circuit “Criminal * * * Courts” &c. “Criminal Courts Record” are not section, they may named in the by but be established ‘‘ legislature under Section of Article V. The Courts of by Chapter Crimes” established 11975, 1927, Acts of are ‘‘ ’’ Criminal Courts as enumerated in amended 1 of Section V, Article if that is not sufficient warrant for their ‘‘ ’’ creation, they may be established as other courts author- by ized organic section. does not establish
The. Constitution the “Criminal original to in the Courts” referred amended Section V; and it does not define the of Article Courts,” though “Criminal the Constitution does define may “Criminal Courts of Record” that by legislature, be established 24, under Section Arti- cle V. specifically
As 24 of Article V authorizes the legislature to Record,” establish “Criminal Courts of specified may “Criminal Courts” in Section 1 of Article V having refer to other courts criminal legislature, though jurisdic- established even no ‘‘ ’’ tion for Criminal Constitution, Courts is defined in the while the of “Criminal Courts of Record” that Legislature be established is defined in Section 25, V, Article A the Constitution. “Court of Crimes” 11975, Chapter established given juris- Acts of diction in criminal cases and if not one of the “Criminal
215 Courts,” specifically referred to in Constitution, the is it one of the legislature “other courts” the is authorized to establish. may jurisdiction define the duly by courts that are it, created jurisdiction where such is by not defined the Constitution in such terms as to ex- legislative clude premises. action the See 13 of XVIII, Article Constitution..
Whether a “Court of by Crimes” Chapter established 11975, Acts of 1927 is a “Criminal Court” within the meaning of organic the section, or is one of the “other сourts” Legislature that the may establish, designed it is by the Constitution to exercise portion judicial of “the power State,” of the jurisdiction and the of a court so established by Legislature, defined though even jurisdiction so defined is made concurrent with that court, another having jurisdic- under the Constitution tion of all eases of a class, jurisdiction stated when the the other court is by not made exclusive the Constitution.
Under Sections 24 of Article V of the Constitu- Legislature may tion the establish and abolish a crim- record; inal court and when a criminal court of record by is Legislature, established its is defined definitely Constitution; but such is not exclusive; made and since the amendment to Section authorizing Legislature Article Y to establish other specified courts than those Constitution, in all of organic the same judicial which courts section vests “the State,” of the by necessary impli- Constitution Legislature cation authorizes the to define the of courts it, provided jurisdic- established the exclusive given by tion of courts Constitution not interfered Any jurisdiction with. already conferred bewill exercised by existing courts. pre- Where the existing Constitution, court is not made exclusive *22 may given jurisdiction such court be with
concurrent the by Legislature, order that established the the court by Legislature vested with a the shall be established court State,” of is ex- judicial power “the the portion of Legis- by gives organic section that the pressly provided the those enu- authority other courts than to establish lature merated in the Constitution. 1 Article V as amended intent of Section of
The manifest of shall be vested in” judicial power the State is that “the the “and in such other courts” as enumerated courts establish; may and that the of the Legislature judicial power the State” that shall be of “the portion by Legislature, by established shall exercised the courts any court by provided the defined statute be definitely the Constitution shall made exclusive that is necessarily the intent of the be invaded. This expressly authorize though even it does not organic section regulate fix of the Legislature to or be established statute. courts” that “other establishing a court of crimes is authorized The statute statute con- Constitution; provisions and the of'the jurisdiction with the court concurrent ferring upon such cases, in misdemeanor is within Court of Record Criminal 1 Ar- contemplation of amended Section intent and Any of Florida. the State ticle V of the Constitution inconsistency that ambiguity or or real apparent validity affect its under Consti- statute, does not in the destroy efficiency, particularly view of the its tution under Judge Court of Record of the Criminal powers of the of that cases within over the Constitution court. J., J. Buford,
Strum concur.. : (dissenting) J., C. Ellis, in the Court and convicted Sullivan was tried Clarence lar- offense Hillsborough County of Crimes in the ceny. imprisonment was sentenced to He custody of judgment jail to the and committed under imprison- county. that his He contended the sheriff in which he was con- illegal was the court ment because legis- legal had becausе the Act of the victed no existence 19'27, creating establishing Chapter 11975, lature of County is Hillsborough such a court in unconstitutional custody by discharged void. from therefore He was Hillsborough County writ of the Circuit Court of on *23 of corpus, judgment habeas to which the State took a writ error. creating the validity the Act of of question the presented. is thus
Court of Crimes Crimes Creating a of entitled “An Act Court The Act is Alone Con- County Florida Which of State of in Each the by Provided Which There is stitutes a Judicial Circuit for Judges Having a and or More Resident Circuit Law Two Accord- Hundred Thousand Population of More Than One Prescribing Census; the Jurisdiction ing to Last State Judge Appointment a Court; Providing of of said for Prescribing Court, Fixing Compensation His of said Prosecut- Office; Providing for Clerk and Term a His ’’ Duties. Court, Prescribing ing for said Their Officer provides of a Court The Act for establishment judicial a county in alone Crimes each which constitutes two more resident provides circuit where the law more judges, county population сircuit which has according last State than one hundred to the thousand census. given original jurisdiction with
The court is concurrent in in all eases Court such the Criminal of Record prosecutions provided It in of misdemeanors. is by by of Crimes shall be information filed Court County then in Record and Solicitor the Criminal Court of immediately court to by transferred clerk of that judge Court of should Crimes. If the of the latter court disqualified be then such case is retransferred case pro- judge the Criminal trial. A is Court Record for County Crimes, vided for Court of Solicitor but the and clerk of the Criminal Court of Record are officers ap- the Court of Crimes. The Circuit Court is vested with pellate jurisdiction in all cases decided the Court of Crimes.
Upon the establishment of this court all cases misde- pending meanors in the Criminal Court of Record are be transferred to the Court of Crimes.
There are some anomalies which be noted connec- tion with such courts. County,
No such court established Escambia 39, 40, reason of beсause Sections of Article V of the county may Constitution that not have a Crirminal Court of Record adopted those amendments merged Criminal Court of Record became in a Court of Record with both jurisdiction, criminal and civil and the Supreme appellate jurisdiction Court has in all causes of granted which to the Court of Record in *24 county. Criminal Courts of Record are established other upon application majority counties of a registered of the legislature may expedient. voters as the deem A may any county Court of Crimes not be established in which has less than a hundred thousand ac inhabitants cording census, to the last State which does not constitute judicial of itself one circuit which does not have two resi- judges dent circuit of the Circuit Court and has no Crimi- nal Court of Record. prosecution originate
No in the Court of Crimes.
219 County filed So- begun must be information It licitor in the Criminal Court Record. Criminal Court
No misdemeanor tried in the be disquali- judge of Crimes is Record unless the of the Court fied. con- the Act has of Crimes the terms of
The Court under jurisdiction with the Criminal Court original current Court of misdemeanors, in all but Record cases of unless Crimes must hear and determine all such cases judge disqualified. Crim- 25, Constitution, vests the Article Y of the jurisdiction of all criminal
inal of Record with Courts where there capital not which arise in eases a court of that character. power and determine a con-
Jurisdiction is the to hear par- troversy particular judgment in the render the judgment. The word to enforce the ticular case every every judicial action and hence kind of embraces jurisdic- necessarily by a the exercise of movement court is subject- adjudicate concerning right It is the tion. 1029; Rhode given 7 R. C. L. State of in a case. See matter (U. S.) 657, 12 9 Massachusetts, Pet. Island v. State of 319, Astor, (U. S.) text 1233; Grignon v. How. L. Ed. Lexington v. & 290; Applegate 338, 283, 11 L. Ed. text 892, 255, 267, 29 Ed. Co., 117 text L. Min. U. S. C. Co. 895, Sup. Rep. 742. Ct. text capi of the all criminal cases
Jurisdiction matter of juris tal, 25, Constitution, does not mean Article Y Sec. occupying particular attention case then diction cases to which court, jurisdiction of the class of but 4 v. Peo belongs. Franklin Union No. particular case S.) (N. R. Rep. 176, E. L. A. 220 Ill. 77 N. ple, 1001. only may hear and de- Crimes since the Court of Now judg- misdemeanors, and to render the termine cases of *25 Crimi- same, that court not the ment and enforce the that class of crimi- nal Court of Record has the particular where except special in cases nal cases may disqualified and then be judge Court of Crimes of the transferring the only the cause to when he makes an order 7, Chapter 11975. Criminal of Record. See Section Court the meaning language employed in Such is the the words em- significance I understand of the statute as the may ployed. hear If the Criminal Court of Record than judgment other decide and enter in misdemeanor particular judge in Court of Crimes cases where the clerk disqualified, is it must cases which the be those obey man- of the Criminal Court of Record refuses to the provision the case to the of the statute to transfer datory County has filed the Court of Crimes the Solicitor after But information in the Criminal Court of Record. the cannot de- of the Criminal Court of Record duty. If pend upon upon such a breach of official the jurisdic- other hand Record still the Criminal Court of has pro- tion under the Constitution such causes then requiring vision to is a clerk transfer such cases null- ity disregarded will, leaving be at the Court of try any whatsoever, Crimes without to cause County required as the information is drawn by him Solicitor and filed in Criminal Court of Record. say County To that the Solicitor draft an informa- tion, entitle and file it first hand Court of Crimes ignore plain language is to of the statute. provided
If had prosecutions the statute that all of mis- demeanors should be information filed jurisdic- solicitor in the court crimes which should have same, tion hear probably and determine there would legislative purpose deprive be no doubt that the was to jurisdiction criminal court of record of such class opinion cases. I am the purpose the identical *26 sought accomplished by requiring clerk of the to be immediately transfer in- criminal court of record to after it been filed formation to the court of crimes has the criminal court of record. legislature empowered argument
The that because the by proposed in 1913 and the constitutional amendment adopted in 1914 other courts or to ordain establish amendment, it commissions than those enumerated in the jurisdiction has to define the of such courts or com- missions, is of no comfort to those who contend that jurisdiction prescribed by the Constitution to be exercised the courts enumerated therein be divided between legislature’s creation, different courts or commissions of the by simply calling them courts or commissions of concurrent jurisdiction with that of some other court named in the merely fallacy Constitution, because that is a use of the old taking premises the conclusion itself as one of the of an argument. proposition proved The to be is that the court jurisdiction of crimes exercise of all cases of misde- Hillsborough county. meanors in are The facts Constitution vests that in a criminal court of empowers legislature record and to ordain and estab- ‘‘ ’’ commissions, lish other courts or provision but makes no as to the such “courts or commissions.” argument legislature is that since the has created the misdemeanors, “court of crimes” with legislature as all “courts or commissions” created jurisdiction, must have therefore the court of crimes has jurisdiction of misdemeanors. argument
If is sound it follows that if the had undertaken to vest the “court of crimes” or juris- new “court or commission” name different with injunction, quo diction writ of war- issue mandamus — extraordinary original ranto or other writs or with con- current the circuit courts of with forcible *27 entry detainer, appellate jurisdic- and unlawful or final tion court in all de- with the circuit cases of misdemeanor by appellate juris- record, cided the criminal court of or of or Supreme with the Court of all cases felonies diction or civil criminal courts of record cases decided either the legis- court, it have been a valid exercise of circuit would In of such matters are the courts which matters. none lative with “exclusive” are in the vested named Constitution jurisdiction in terms. 1913, adopted
My the amendment o'f interpretation of courts or commis- phrase that the “Such other is and time sions the from time to ordain as merely judicial of for the exercise establish,” provides policy agencies it becomes the of in matters where its citizens from exempt part certain classes of State to of law. customary processes penalties the usual or instance, juvenile As, courts where establishment for by rea- years who persons committed tender offenses ignorance may inexperience regarded and youth, son of responsible for their actions than the as less somewhat adult, particular “courts or normal other commis- necessarily judicial land courts, sions” not such courts of Massachusetts; registration as in a of mediation and court Michigan; English a arbitration as court similar qualifications persons court of faculties determine forestry a desiring married; game; a court of to be causes; matrimonial a court for the court for divorce and a investigation drug addicts. There is inebriates great opens complexities growth field which as the of social that but multiply provision, use of constitutional is expressly where the constitutional court vested with class, all begging cases of a certain .it organic more at law than a bit the leash to sustain legislative any deprives a one of the consti- creation which jurisdiction. portion tutional courts of of its I am opinion also of the that the Act is in conflict with the Constitution because under its terms it cannot be made applicablе a to Escambia of this State without words, constitutional amendment. In other one of counties of this cannot ever come within the classifi- State prescribed by county can cation the statute because that have no criminal court of record without constitutional many amendment. There are counties in the State adopted the classification cannot now come within *28 automatically estab- statute, when courts of crimes become they all within statute, potentially lished under the but are county Escambia, is except the of which excluded its terms byAct limi- alleged the benefits of the constitutional from may grow to population In all other countries tations. legislature may of each thousand, the create one hundred circuit, provide judges circuit county judicial a two record, criminal when and create a court of resident therein automatically ease a court of crimes becomes estab- such by consti- therein, Esсambia is excluded lished but participating enjoying provision from tutional legislation. this beneficent It cannot have benefits of of record. The has not the criminal court county. one to establish local, special legislation therefore and class
The Act is III, to Article of the and is obnoxious Con- stitution. idea and basis of
The fundamental all classification among political inequality, but of the State subdivisions inequalities. Act, however, can no undertakes there political upon a classification of subdivisions certain dis- possibility one of them from the tinctions which excludes by its attempts and thus provisions its of inclusion within very inequality politically can exist. terms an which judgment I should be affirmed. think Deering Deering, Howe, Marion Richard F. Charles Roger Deering Danielson, Deer McCormick, Barbara Deering ing Appellants, v. Howe, John and William Florida; W. of Ernest Martin, of State Governor Comptroller Florida; the State of J. C. Amos, State; Johnson, At B. Luning, Treasurer J. torney Mayo, State; Nathan Com General Agriculture State, as Trustees missioner Improvement Fund of State Internal Right, Ap A. O. own Florida, Henderson his pellees. February 14, 1928.
Opinion Filed