Patterson v. Taylor
Supreme Court of Florida
This case was decided by the Court En Banc. Writ of Error to the Circuit Court for Duval County. STATEMENT. On October 23rd, 1905, the City Council of the City of Jacksonville adopted the following ordinance: “An Ordinance Regulating, Requiring and Providing for the Furnishing of Separate Accommodations for and the Separation of White and Colored Passengers on Street Cars.
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This case was decided by the Court En Banc. Writ of Error to the Circuit Court for Duval County. STATEMENT. On October 23rd, 1905, the City Council of the City of Jacksonville adopted the following ordinance: “An Ordinance Regulating, Requiring and Providing for the Furnishing of Separate Accommodations for and the Separation of White and Colored Passengers on Street Cars. Be it Ordained by the Mayor and City Council of the City of Jacksonville: Section 1. That all companies, persons, firms and associations operating street cans in the City of Jacksonville are hereby required to fumiislb…
1Opinion of the Court
Taxlor, J.,
(after stating the facts.) The first contention of the plaintiff in error is, that the legislative charter of the City of Jacksonville does not give it the authority to enact the quoted ordinance, and that said city, therefore, has no power to adopt or enforce such ordinance.
The charter of the City of Jacksonville, Chapter 3775 Laws of Florida, approved May 31st, 1887, does not in express terms authorize the city council to enact the ordinance in question, but the “general welfare clause,” contained in section 1 of Article 3 of said Chapter, empowers the City Council, after…
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