Pounds v. Darling

Citations

• 75 Fla. 125

Syllabus

<p>1. The validity of a statute or city ordinance may be tested upor a writ of habeas corpas.</p> <p>2. Habeas corpus will not lie to test the guilt 'or innocence of 'one charged with an offfense'under 'a' valid act' or ordinance, but the court will' enquire into the ■ facts to ■ ascertain whether under the circumstances the- act or ordinance is a valid exercise of legislative power;</p> <p>3. To be valid a city ordinance must be reasonable and not in conflict with any controlling provision or principle of Ijaw, should he within the powers expressly or impliedly conferred and if any doubt as to the extent of a power attempted to be exercised by a municipality out 'of the Usual range or which may affect the Common law rights of a citizen it is to be resolved against the municipality.</p> <p>4 Non-navigable bodies of water may be the subject of private ownership.</p> <p>5. A city ordinance which forbids any one to bathe in a'lake lying wholly within the city-limits from-which the city’s water supply is drawn, bu.t which lake is the private property of persons whose lands border thereon and the city has acquired no rights t'o the water of the lake by purchase or eminent domain is invalid as being equivalent to depriving persons who 'own the lake of their property without just compensation or due process of law.</p>