Bailey v. Van Pelt

Citations

• 78 Fla. 337

Syllabus

<p>I. When authority is given by statute to laccomplish a stated governmental ipurpose, there is also given by implication authority to ¡do everything (ofecessary accomplish the purpose that is n'ot a violation of law or public policy.</p> <p>2. The authority given to the counties severally to have local option • elections to determine whether there shall be compulsory systematic tick eradication work or compulsory dipping of cattle in the counties may be accomplished by holding elections called by the county commissioners under any system prescribed for holding elections of th|at nature, in which all the “qualified electors” of the county are authorized to vote.</p> <p>S'. In order to justify the courts in declaring invalid as a delegation of legislative power a- statute conferring particular duties or authority upon administrative officers it must clearly appeiar beyond a reasonable doubt that the duty or authority so conferred is a power that appertains exclusively to the legislative department, and the conferring of it is not warranted by the provisions of the constitution.</p> <p>4. The legislature may not delegate the power t'o enact a law, or to declare what the lp.w shall be, or to exercise an unrestricted discretion in applying a law; but it may enact a law complete in itself designed to accomplish a general public purpose, and may expressly authorize designated officials within definite valid limitations „ to provide rules and regulations for the complete operation and enforcement of the law within its expressed general purpose. This principle of the law is peculiarly applicable to regulations under the police power, since the complex and ever-changing conditions that attend and affect such matters m,ake it impracticable for the legislature to prescribe all necessary rules and regulations.</p> <p>5. Authority to make rules and regulations to carry out an expressed legislative' purpose, or for the complete operation ¡and enforcement of a law within designat