As amended at general CONSTITUTION OF FLORIDA The power of the Governor to simply suspend an officer exists only between the sessions of the Senate. While the Senate is in session he can not during such session suspend an officer, but can then only recommend to the Senate then in session a permanent removal of such officer. Ib. The Governor has no power to postpone to a future date the effectiveness of an order of suspension. Ib. Our Constitution makes no provision for any action by the Senate whatsoever upon a report by the Governor of a simple suspension by him of an officer without any recommendation for removal. Ib. In every case of suspension the Governor has the power eo instanti upon such suspension to appoint someone to perform the duties of the office until such time as the Governor may reinstate the suspended officer, or until the adjournment of the Senate sitting next thereafter. Ib. Section 16. The Governor shall appoint all commiselection 1914. sioned officers of the State Militia, including an adjutant general for the State, with rank of brigadier general, who shall be chief of staff. The duties and compensation of all officers so appointed shall be as fixed by law. The terms of office of all commissioned officers of the organized militia shall be continuous during the pleasure of the Governor; subject to such laws as may be enacted by the Legislature providing for their retirement for age or other causes. Section 17. The Governor and the administrative officers of the executive department shall constitute a board of commissioners of State institutions, which board shall have supervision of all matters connected with such institutions in such manner as shall be prescribed by law. The provisions of chapter 5384 of the laws of 1905 relating to the institute for the blind, deaf and dumb, are not violative of section 17 of Article 4 of the Constitution, and such institute is properly classed in a system with "schools of higher grade" and is "subject to such regulations as may be prescribed by law." State v Bryan, 50 Fla. 293, 39 So. 929. Section 18. The Governor shall have power to disapprove of any item or items of any bills making appropriations of money embracing distinct items, and the part or parts of the bill approved shall be the law, and the item or items of appropriations disapproved shall be void, unless repassed according to the rules and limitations prescribed for the passage of other bills over the executive veto. Section 19. In case of the impeachment of the Governor, his removal from office, death, resignation or inability to discharge his official duties, the powers and duties of Governor shall devolve upon the President of the Senate for the residue of the term, or until the disability shall cease; and in case of the impeachment, removal from office, death, resignation or inability of the President of the Senate, the powers and duties of the office shall devolve upon the Speaker of the House of Representatives. But should there be a general election for members of the legislature during such vacancy, an election for Governor to fill the same shall be had at the same time. CONSTITUTION OF FLORIDA Section 20. The Governor shall be assisted by administrative officers as follows: A Secretary of State, AttorneyGeneral, Comptroller, Treasurer, Superintendent of Public Instruction, and Commissioner of Agriculture, who shall be elected at the same time as the Governor, and shall hold their offices for the same term; Provided, That the first election of such officers shall be had at the time of voting for Governor A. D. 1888. Section 21. The Secretary of State shall keep the records of official acts of the legislature and executive departments of the government, and shall, when required, lay the same, and all matters relative thereto, before either branch of the legislature; and shall be the custodian of the great seal of the State. He shall also have charge of the capitol building and grounds, and perform such other duties as shall be prescribed by law. The burden of showing that an act of the legislature which has been duly signed by the officers of the legislature and has become a law with or without the approval of the Governor as shown by the records of official acts of the legislative department as the same are kept by the Secretary of State as required by section 21 of Article 4 of the Constitution, is upon the person who asserts that the act did not pass in the manner prescribed by the constitution. Amos v Mosley, 74 Fla. 555, 77 So. 619. Section 22. The Attorney-General shall be the legal adviser of the Governor, and of each of the officers of the executive department, and shall perform such other legal duties as may be prescribed by law. He shall be reporter for the supreme court. Section 23. The Comptroller shall examine, audit, adjust and settle the accounts of all officers of the State and perform such other duties as may be prescribed by law. Where the Constitution prescribes the amount of an officer's salary, and the legislature has appropriated a sum more than sufficient to pay it and other salaries of the same class, the Comptroller neither errs in his judgment nor transcends his authority in refusing to allow such officer a different amount than that prescribed by the Constitution. State v Barnes, 25 Fla. 75, 5 So. 698. Section 24. The Treasurer shall receive and keep all funds, bonds, and other securities, in such manner as may be prescribed by law, and shall disburse no funds, nor issue bonds, or other securities, except upon the order of the Comptroller countersigned by the Governor, in such manner as shall be prescribed by law. When a requisition is made by a clerk on the Comptroller for the money to pay jurors and witnesses to be paid by the State, as provided in chapter 4221, laws of 1893, and the amount deemed by him necessary is endorsed on said requisition, and this endorsement is countersigned by the Governor, such requisition so endorsed and countersigned becomes an order on the Treasurer, within the meaning of the word "order" as used in this section of the Constitution. State v Croom, 48 Fla. 176, 37 So. 303. Section 25. The Superintendent of Public Instruction shall have supervision of all matters pertaining to public instruction; the supervision of State buildings devoted to educational purposes, and perform such other duties as the legislature may provide by law. Section 26. The Commissioner of Agriculture shall perform such duties in relation to agriculture as may be prescribed by law; shall have supervision of all matters pertaining to the public lands under regulations prescribed by law, and shall keep the bureau of immigration. He shall also have supervision of the State prison, and shall perform such other duties as may be prescribed by law. Section 27. Each officer of this department shall make a full report of his offcial acts, of the receipts and expenditures of his office, and of the requirements of the same, to the Governor at the begining of each regular session of the legislature, or whenever the Governor shall require it. Such reports shall be laid before the legislature by the Governor at the beginning of each regular session thereof. Either house of the legislature may at any time call upon any officer of this department for information required by it. Section 28. The administrative officers of the executive department shall be installed on the same day as the Gov ernor. Section 29. The salary of the Governor of the State shall be thirty-five hundred dollars a year, of the comptroller two thousand dollars, of the State Treasurer two thousand dollars, of the Secretary of State fifteen hundred dollars, of the Attorney-General fifteen hundred dollars, of the Commissioner of Agriculture fifteen hundred dollars, of the Superintendent of Public Instruction fifteen hundred dollars, a vear: Provided, That no administrative officer of the executive department shall receive any additional compensation beyond his salary for any service or services rendered the State in connection with the internal improvement fund or other interests belonging to the State of Florida; Provided, further, That the legislature may after eight years from the adoption of this Constitution increase or decrease any or all of said salaries. (The part of Section 29 fixing salaries is superseded by Sections 87 and 206 of the Revised General Statutes.) When the Constitution prescribes the salary of an officer, and the legislature enacts a law appropriating an amount large enough to permit his being paid more, the statute is not legal authority for paying more than the salary prescribed. State v Bloxham, 26 Fla. 407, 7 So. 873. CONSTITUTION OF FLORIDA ARTICLE V. JUDICIARY DEPARTMENT. As amended Section 1. The judicial power of the State shall be at general vested in a Supreme Court, Circuit Courts, Court of Record election 1914. of Escambia County, Criminal Courts, County Courts. County Judges and Justices of the of the Peace Peace and such other Courts or Commissions as the Legislature may from time to time ordain and establish. The Legislature may prescribe the compensation of the Justices and judges of the several courts, but no court heretofore established under the Constitution and laws of Florida shall be hereby abolished. The courts of this State derive their jurisdiction from the State Constitution. They can not assume jurisdiction not granted or which is denied, although the effect may be that the obligation of a contract can not be enforced. McNealy v Gregory, 13 Fla. 417. The act of March 3, 1883, relating to granting license for the sale of liquor, which seeks to invest the board of county commissioners with judicial powers to hear, try and determine a complaint against the holder of a license, is unconstitutional, as attempting to create courts not authorized. State v Brown, 19 Fla. 563. As between courts of co-ordinate power, the one first acquiring jurisdiction of the subject-matter should as a general rule be permitted to retain it to the end. Ray v Williams Phosphate Co., 59 Fla. 598, 52 So. 589. The jurisdiction of courts is regulated by the Constitution or by statutes enacted pursuant to the Constitution. Sumner Lbr. Co. v Mills, 64 Fla. 513, 60 So. 757. The provisions of an act purporting to authorize two circuit judges for one judicial circuit, is in conflict with the Constitution and inoperative. State v Butler, 70 Fla. 102, 69 So. 771. Section 2. The Supreme Court shall consist of three Justices, except as hereinafter provided, who shall be elected by the qualified electors of the State at the time and places of voting for members of the Legislature, and shall hold their office for the term of six years, except those first elected, one of whom, to be designated by lot in such manner as they may determine, shall hold his office for two years; another, to be designated in like manner, for four years, and the third for six years, so that one shall be elected every two years after the first election. The Chief Justice shall be designated by lot by said Justices, and shall be such during his term of office. The first election for said Justices shall take place at the first election for members of the Legislature after the ratification of this Constitution, and their term of office shall begin on the first Tuesday after the first Monday after their election. Upon ratification of this Amendment to the Constitution, the Governor, by and with the consent of the Senate, shall appoint three more Justices of the Supreme Court, each of As amended election 1902. at general CONSTITUTION OF FLORIDA As amended at general election 1902. whom shall have the same powers and shall receive the same compensation as each of the other Justices of the Supreme Court, and each of the Justices so appointed shall hold office until the first Tuesday after the first Monday of June in the year 1905, and may further hold office until his successor shall be elected and qualified, if it shall be so provided by law. For the year 1905 and for the subsequent years the Legislature may provide by law for the election of such number of Justices of the Supreme Court as it may determine, and prescribe their terms of office, not to exceed six years: Provided, That the number of Justices of the Supreme Cour holding office at the same time shall not be less than three, and shall not be greater than six, and provided that no Justice of the Supreme Court can by such an act of the Legislature be deprived of his office during the term for which he was elected. (Note. The legislature of 1911 reduced the number of justices to five, see Ch. 2, Title 2, Second Division, Revised General Statutes.) Section 3. No person shall ever be appointed or elected. as a justice of the Supreme Court, or judge of a circuit court, or criminal court, that is not twenty-five years of age and an attorney at law. Section 4. The majority of the Justices of the Supreme Court shall constitute a quorum for the transaction of all business. But when there shall be six Justices of the Supreme Court, the Court may hear and determine cases and exercise any of its powers when sitting either in a body or in two divisions, under such regulations as may be prescribed by law or by the rules of said Court not inconsistent therewith. The concurrence of a majority of the members of the Court sitting in any cause wherein the Court shall sit as one body shall be necessary to a decision; and when any member of a division of the Court shall dissent from the majority of such division on any question, such question shall be submitted to the Court sitting in a body. The number of terms of the Supreme Court and the time of holding the same shall be regulated by law. All terms shall be held at the Capital of the State. Under section 4, Article 5, of the Constitution, as amended, the concurrence of a majority of the members of the Supreme Court when sitting as a body is necessary to a decision. State v McClung, 47 Fla. 224, 37 So. 51. Where the members of the Supreme Court sitting six members in a body are equally divided in opinion as to whether or not a judgment should be reversed, it becomes the duty of those who favor reversal to vote with those who favor affirmance and thereby affirm the judgment of the lower court. In such a case while the judgment is a bar to another action for the same cause, yet, as no matters of law are decided so far as the questions |