State ex rel. Weeks v. Gamble

Citations

• 13 Fla. 9

Syllabus

<p>Section 7, and Article Y, of the Constitution of this State, provides that “ when any office, from any cause, shall become vacant, and no mode is provided by this Constitution, or by the laws of the Slate, for filling such vacancy, the Governor shall have power to fill such vacancy by granting a commission, which shall expire at the next election: ” Held,</p> <p>1. That the power vested in the Governor by this section is not a power to fill 1he office for the unexpired term; that this power remains with the people, and that the power here conferred is to provide an incumbent for the office between the date of the removal or death of the regular incumbent, and the filling of the office by an election by the people.</p> <p>2. That while the Constitution does not fix the precise time for the “next election,” yet it is the duty of the authorities to see that the time of this election is not indefinitely postponed at the expense of the rights of the people.</p> <p>3. Where provision is made by law for the salary of an officer, the drawing of a warrant by the Comptroller is a ministerial act, which may be enforced by mandamus, and the Court may, in such proceeding, determine whether the appointment of the officer is void, where there is no other incumbent of the office exercising its functions by color of right.</p>