State ex rel. Attorney-General v. Johnson
Supreme Court of Florida
The order of removal appears in the former opinion in this cause, {ante p. 433.) The Governor’s notification to Johnson of the cause of suspension is as follows : State of Florida, Executive Department, Tallahassee, Fla , Oct. 29, 1892. James E. Johnson, Esq., Jacksonville, Fla.: Sir — Upon my return to the capitol I find the letters,, affidavits and arguments of counsel in your behalf, all. of which have been duly considered.
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The order of removal appears in the former opinion in this cause, {ante p. 433.) The Governor’s notification to Johnson of the cause of suspension is as follows : State of Florida, Executive Department, Tallahassee, Fla , Oct. 29, 1892. James E. Johnson, Esq., Jacksonville, Fla.: Sir — Upon my return to the capitol I find the letters,, affidavits and arguments of counsel in your behalf, all. of which have been duly considered. There is no room for doubt that the Constitution places in the hands of the Executive the power to suspend all officers that have been appointed or elected who are not…
1Opinion of the Court
'Raney, C. J.:
The defendant has filed an answer which is demurred to by the State, through the Attorney-General, as insufficient in law. Upon the law of the case as it has been settled by the former opinion, there is but one inquiry which this court can now make, and that is: - whether or not the act for which the alleged suspension was made is as matter of law a ground for removal within the grant of power made to the Governor. It is admitted on all sides that the courts can not inquire into the sufficiency or insufficiency of the evidence to prove that the defendant did or did not ■do what…
2Cases cited5 opinions
- United States v. LeeSupreme Court of the United States · 1882
- Bennett v. HunterSupreme Court of the United States · 1870
- Tacey v. IrwinSupreme Court of the United States · 1873
- Atwood v. WeemsSupreme Court of the United States · 1879
- Martin v. SnowdenSupreme Court of Virginia · 1868
3Cited by5 opinions
- State ex rel. Lamar v. DillonSupreme Court of Florida · 1893
- State Ex Rel. Hardie v. ColemanSupreme Court of Florida · 1934
- State Ex Rel. Hatton, Jr. v. JoughinSupreme Court of Florida · 1931
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- State Ex Rel. Hand v. McDonaldSupreme Court of Florida · 1944