Gavagan v. Marshall

I think the statute as framed is calculated to coerce the exercise of judicial opinion. The question of whether to hold an inquest frequently requires the exercise of judicial discretion and is just as important as actually holding the inquest. The Constitution vests that discretion in the Justice of the Peace. Article V, Section 22, Florida Constitution. To say that this constitutional officer cannot receive his usual and lawful fees, unless and except in cases where he first procures the approval of a person who in no sense shares the judicial responsibility, can have no other effect than…