Legal Opinion

In re the Executive Communication of October 5, 1875

Supreme Court of Florida

Decided October 28, 1875PublishedCited by 5 opinions

October 5, 1875. To the Honorable Justices of the Supreme Court: Gentlemen : Section 15 of Article VI of the Constitution of this State originally read as follows, viz : “ The Governor shall appoint as many Justices of the Peace as he may deem necessary. Justices of the Peace shall hold their offices during good behavior, subject to removal by the Governor at his own discretion.”

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October 5, 1875. To the Honorable Justices of the Supreme Court: Gentlemen : Section 15 of Article VI of the Constitution of this State originally read as follows, viz : “ The Governor shall appoint as many Justices of the Peace as he may deem necessary. Justices of the Peace shall hold their offices during good behavior, subject to removal by the Governor at his own discretion.” By the ninth amendment to the Constitution, adopted by the Legislature and ratified by the people during the current year, the latter part of this section was amended so as to read as follows, viz: “ They may hold…

1Opinion of the Court

His Excellency M. L. Stearns, Governor of Florida, Tallahassee, Florida:

Sir : I have the honor to submit the following reply to your communication of the 5th of October:

Section 15, Article VI, of the Constitution of 1868, was as follows: “ The Governor shall appoint as many Justices of the Peace as he may deem necessary. Justices of the Peace shall have criminal jurisdiction and civil jurisdiction not to exceed fifty dollars; but this shall not extend to the trial of any person for misdemeanor or crime. The duties of Justices of the Peace shall be fixed by law. Justices of the Peace shall…

2Cases cited4 opinions

  1. United States v. Le BaronSupreme Court of the United States · 1856
  2. Fullerton v. SpringWisconsin Supreme Court · 1854
  3. Resch v. SennWisconsin Supreme Court · 1872
  4. McCorkle v. EarleTexas Supreme Court · 1857

3Cited by5 opinions

  1. City of Jacksonville v. LedwithSupreme Court of Florida · 1890
  2. Neisel v. MoranSupreme Court of Florida · 1919
  3. State ex rel. Fleming v. CrawfordSupreme Court of Florida · 1891
  4. Carton v. Secretary of StateMichigan Supreme Court · 1908
  5. Correlis v. StateSupreme Court of Florida · 1919

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