THE STATE OF FLORIDA, EX REL. HARCOURT JOHNSON, PLAINTIFF IN ERROR,
v.
H. LESLIE QUIGG, AS CHIEF OF POLICE OF THE CITY OF MIAMI, FLORIDA, DEFENDANT IN ERROR
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Florida Supreme Court held that the legislature had constitutional authority to establish a Juvenile Court in Dade County under Chapter 8663, Acts of 1921, and that a minor convicted in municipal court must be transferred to juvenile court rather than imprisoned.
The legislature has power under Section 1, Article V of the Florida Constitution to establish juvenile courts in any county and confer jurisdiction upon them, provided such jurisdiction does not conflict with other constitutional provisions. The municipal court had a duty to transfer Johnson's case to the Juvenile Court, and his imprisonment under municipal court conviction was unlawful.
“Under this organic provision the Legislature has power to establish juvenile courts in one or all of the counties of the State, and to confer upon such courts jurisdiction, powers and duties that do not conflict with other organic provisions.”
Establishes the constitutional authority for legislature to create juvenile courts in any county
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Join FLexlaw to unlock all legal intelligenceHarcourt Johnson, a minor under 17 years old, was convicted of an offense in the municipal court of Miami and sentenced to imprisonment. Johnson sough…
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Whitfield. J.
In habeas corpus proceedings instituted in the Circuit Court it appears that Harcourt Johnson, a minor under the age of seventeen years, was convicted of an offense in the municipal court of the City of Miami, and sentenced to imprisonment. He seeks release from custody on the ground that Chapter 8663, Acts of 1921, requried the municipal court to certify the charge against him to the Juvenile Court of Dade County for disposition in that court.
The Chief of Police in his return asserts the invalidity of Chapter 8663 upon the ground that the legislature had no power, to establish the Juvenile Court in Dade County. The court held Chapter 8663 to be unconstitutional, and remanded the petitioner. A writ of error was allowed and taken.
Section 1, Article V of the Constitution, as amended in 1914, is as follows: “The judicial power of the State shall be vested in a Supreme Court, Circuit Courts, Court of Record of Escambia County, Criminal Courts, County Courts, County Judges and Justices of the 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.” . • •
Under this organic provision' the Legislature has power to establish juvenile courts in one or all of the counties of the State, and to confer upon such courts jurisdiction, powers and duties that do not conflict with other organic provisions. The jurisdiction conferred upon the Juvenile Court of Dade County by Chapter 8663, Acts of. 1921, is not challenged' if the court is legally established. Whether particular provisions of Chapter 8663 not here involved are inoperative because in conflict Avith organic Mav, it is not necessary to discuss.
There is no contention that Section 7 of Chapter 8663 is not Avithin the subject expressed in the title or matter properly connected thereAvith.
, Section 35, Article V, was amended in 1910. Section 1, Article V, was amended in 1914. The former should be applied in connection with the latter. See Board of Public Instruction of Polk County v. Board of County Commissioners of Polk County, 58 Fla. 391, 50 South. Rep. 574.
On the showing here made it was the duty of the Municipal Court of Miami, under Section 7 of Chapter 8663, Acts of 1921, to transfer the charge against the petitioner to the Juvenile Court of Dade County, and imprisonment under a sentence of conviction in the Municipal Court is unlaAV-ful.- The order remanding the petitioner under the sentence of imprisonment is reversed and petitioner will be produced to the Municipal Court for appropriate proceedings. See Faison v. Vestal, 71 Fla. 562, 71 South. Rep. 759; Ex Parte Simmons, 73 Fla. 998, 75 South. Rep. 542; Douglas v. Shackelford, 73 Fla. 889, 75 South. Rep. 203; 81 Fla. 783, 89 South. Rep. 114.
It is so ordered.
Browne, C. J., and Taylor, Ellis and West, J. J., concur.
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State v. Sullivan, 95 Fla. 191 (Fla. 1928)…jurisdiction in any tribunal without the qualifying term “exclusive,” or words of equivalent import, the legislature may in its discretion vest the like jurisdiction in another court or tribunal. Hays v. McNealy, 16 Fla. 406; State ex rel. v. Quigg, 83 Fla. 1, 90 So. 695; American Railway Express Co. v. Weatherford, 86 Fla. 626, 98 So. 820; Delafield v. State, 2 Hill (N. Y.) 159; Courtwright v. Bear River etc. Co., 30 Cal. 573; Woods v. McCay, 33 L. R. A. 97; Johnson v. Happell, 4 Tex. 96; DeLeon v. Walt…
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Bass v. Ramos, 58 Fla. 161 (Fla. 1909)…subject to the rights of the public in the waters. See Bork v. United New Jersey R. & Canal Co., 70 N. J. L. 268, 57 Atl. Rep. 412, 1 A. & E. Anno. Cas. 861. See State v. Black River Phos. Co., 27 Fla. 276, 9 South. Rep. 205; Sullivan v. Richardson, 83 Fla. 1, 14 South. Rep. 692; State ex rel. Ellis Attorney General v. Gerbing, 56 Fla. 603, 47 South. Rep. 353; State v. Black River Phos. Co., 32 Fla. 82, 13 South. Rep. 640; Ferry Pass &c. v. White River &c., 57 Fla. 399, 48 South Rep. 643; Broward v. Mabr…
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Ex parte Browne, 93 Fla. 332 (Fla. 1927)…entence. Faison v. Vestal, 71 Fla. 562, 71 South. Rep. 759; Ex parte Simmons, 73 Fla. 998, 75 South. Rep. 542; Douglas v. Shackelford, 73 Fla. 889, 75 South. Rep. 203; Johnson v. State, 81 Fla. 783, 89 South Rep. 114; State ex rel. Johnson v. Quigg, 83 Fla. 1, 90 South. Rep. 695; McDonald v. Smith, 68 Fla. 77, 66 South. Rep. 430; Porter v. State, 62 Fla. 79, 56 South. Rep. 406; Blackwelder v. Morris, 89 Fla. 87, 103 South. Rep. 124. The sentence should have been death by hanging as provided by the statu…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Johnson v. State, 81 Fla. 783 (Fla. 1921)
- Bd. of Pub. Instructions of Polk Cnty. v. Bd. of Cnty. Comm'rs of Polk Cnty., 58 Fla. 391 (Fla. 1909)
- Ex parte Simmons, 75 So. 542 (Fla. 1917)
- Faison v. Vestal, 71 Fla. 562 (Fla. 1916)
- Douglass v. W. J. Shackelford as Marshal of the City of Lake City, 73 Fla. 889 (Fla. 1917)