Legal Opinion · Dissent

Ex parte Francis

Supreme Court of Florida

Decided August 13, 1918Published

Writ of Error to Circuit Court for Dade County; H. Pierre Branning, Judge.

1Dissent

Whitfield, J.,

dissenting. — The Georgia and Illinois decisions relied on by the court as authority relate to the powers of municipalities. The others do not appear *319to be controlling in view of recent adjudicated cases in the highest State and Federal Courts.

Courts may determine whether a statute conflicts with organic law, but only questions of legislative power are considered. Questions of wisdom, policy, reasonableness, necessity or expediency are foreclosed by the legislative will constitutionally expressed. An act of the Legislature prescribing police regulations, when attacked on…

2Cases cited85 opinions

  1. Lindsley v. Natural Carbonic Gas Co.Supreme Court of the United States · 1911
  2. Mugler v. KansasSupreme Court of the United States · 1887
  3. Connolly v. Union Sewer Pipe Co.Supreme Court of the United States · 1902
  4. Hadacheck v. SebastianSupreme Court of the United States · 1915
  5. Crowley v. ChristensenSupreme Court of the United States · 1890

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