State ex rel. Boyd v. Deal

Citations

• 24 Fla. 293

Syllabus

<p>1. The Governor acts as a part of the law making power of the State in approving a bill passed by the Legislature. The function is not of an executive but of a legislative character.</p> <p>2. The bill as presented to the Governor for his action should be the same in its legal effect as to the same matter as it was when it passed the two houses of the Legislature. If subsequent to its passage by such houses, and before its approval by the Govern- or, provisions have been inserted in it which change the legal effect of it as to a matter regulated by it before such insertion, the entire approved bill will be void. If, however, the genuine provisions are distinct from and independent of the spurious, it seems that they will not be affected by the latter.</p> <p>3. A bill to revoke and abolish the existing municipal government of Palatka and to reorganize itsgovermnent, (chapter 5780, Laws of 1887,) and containing thirty one sections, passed the Senate. In the House of Representatives it was amended by striking out everything after the enacting clause and inserting in lieu thereof eight new sections. This amendment was concurred in by the Senate. Sections 9 to 31, inclusive, of the original bill, were enrolled with the eight amendatory sections, and numbered in the enrollment as they were-originally, and the amendatory sections were numbered from 1 to 8, consecutively. In this condition the bill was signed by the officers of the Senate and House of Representatives, and then presented to the Governor, who approved it. The provisions of the spurious sections as to some matters covered by the genuine sections are different in their legal effect from those of the genuine sections ; Held, The entire bill is of no effect as a law.</p>