State ex rel. Turner v. Hocker

Citations

• 36 Fla. 358

Syllabus

<p>Constitutional law — jouiinals of legislature as evidence-mandamus TO COMPEL EXERCISE OF JURISDICTION — TITLE OF LEGISLATIVE ACT — AMENDI:- G ACT BY TITLE — PASSAGE OF BILLS BY LEGISLATURE .</p> <p>1. Mandamus is the proper remedy to compel the exercise by a court of jurisdiction that it clearly possesses where it refuses to act.</p> <p>2. Where an alternative writ of mandamus is granted against a Circuit Judge to compel the exercise of jurisdiction over causeépending in two counties recently annexed by legislative act to the judicial circuit presided over by him, and he bases his refusal to exercise such jurisdiction upon the unconstitutionality of the legislative act bringing said territory within his jurisdiction, alleging it to be unconstitutional because of the manner in which it was enacted by the Legislature, such issues can properly be raised and presented by demurrer to the alternative writ of mandamus.</p> <p>3. The Journals kept by the iwo Houses of the Legislature of their proceedings 'are public records of which the courts of the State will take judicial notice.</p> <p>4. Acts of the Legislature duly enrolled and signed by the officers of the two houses and filed in the office of the Secretary of State with the approval of lhe Governor thereon, are prima facie valid and authoritative laws, but the journals of the two houses that enacted them may be resorted to -to ascertain whether the mandatory requirements of the Gonstitution have been complied with by the Legislature in their enactment, and if such journals show explicitly, clearly and affirmatiyely that any essential constitutional requirement has not been complied with, or if they fail to show any essential step in the process of enactment that the Constitution expressly requires them to show, such for example, as the entry of the ayes and noes upon the final passage of any bill in either house, then such journals would prevail as evidence, and the enrolled bill, as evidence of law, would have t