State ex rel. Wolyn v. Apalachicola Northern Railroad

Citations

• 81 Fla. 394

Syllabus

<p>1. After answer by respondents, in moving for a peremptory writ, relator admits all well-pleaded- averments, of respondents’ a-nswer.</p> <p>2. Courts will not anticipate constitutional questions in advance of the necessity of deciding them, and where a case can be properly and effectually disposed of by a court without passing upon the constitutionality of a statute, it is the court’s duty to do so.</p> <p>' 3. Where the constitutional validity of a statute is challenged and there are two possible constructions, by one of which the statute would be unconstitutional, and by the other it would be valid; it is the duty of the court to adopt that interpretation that brings the statute into harmony with the Constitution, if the language employed will permit.</p> <p>■4. Rules and orders made by administrative boards must accord with the authority conferred upon, the board by law. An administrative board can not legally confer upon its employees authority that under the law may be exercised only by the board or by other, officers or tribunals..</p> <p>,5. .By Section 6 of Chapter 6885, Acts'of 1915, Laws'of Florida, authority is given the State Plant Board to make rules and. regulations necessary for carrying into effect the provisions of the Act, and Section 12 of the statute provides that “whenever the Board, shall find there exists in this State, or any part thereof, any insect pest or disease, and that its dissemination should be controlled or prevented, the Board shall give public notice thereof, specifying the plants andi plant products infested or infected, or likely to become infested or infected therewith, and the movement, planting or other use of any such plant or plant product * * shall be prohibited * * until the Board shall find that the danger of the dissemination of such insect pest or disease has ceased to exist, of which the Board shall give public notice.” Held, That the statute does not give the Board power to confer upon employees authority to make