Board of County Commissioners v. Savage

Citations

• 63 Fla. 337

Syllabus

<p>1. In tb exercise of the police power of the State it is competent for the legislature by valid statutes to provide for the correction, care, custody, protection aud maintenance of children who have no. sufficient parental control or maintenance to keep them from being a menace to the public or an injury to themselves.</p> <p>2. • The legislature has authority to use all means consistent with organic law to effectuate the exercise of a police power, and a broad discretion as to the means to be used should be accorded, to the law-making power, the only practical limitations being those contained in the provisions and principles of the constitution.</p> <p>3. .The authority conferred upon the county judge by Chapter 6216, xVets of 1911, is judicial in its nature aud may be regarded as being fairly within the constitutional power to issue letters of guardianship, and within the authority contemplated by the constitution in giving to the Circuit Courts supervision and appellate jurisdiction of matters arising before the county judges pertaining to the estates and interests of minors.</p> <p>4. The purpose of Chapter 621G, Acts of 1911, is not to create a judicial tribunal unknown to the constitution, or to confer authority in violation of the constitution. The authority conferred should be construed and exercised with reference to applicable provisions of the organic law.</p> <p>5. The provision of Chapter 6216, Acts of 1911, that the compensation of the Probation Officers provided for by the chapter shall be fixed by the county commissioners violates Section 27 of Article III, of the constitution and is inoperative.</p> <p>6. If a duly enacted statute contains provisions that are invalid because in conflict with organic law, and such invalid portions may be severed, and the remainder of the statute may then be made effective for the purpose designed, and will not cause results not intended by the legislature, and it does not appear that the statute would not have be