Stinson v. State

Citations

• 63 Fla. 42

Syllabus

<p>1. The legislature may enact special or local laws within its discretion for the protection of fish or game in this State, and by valid general laws may prescribe punishment and penalties for violations of the special or local laws.</p> <p>2. After an adjudication that Section 3 of Chapter 5973, Acts of 1909, is invalid, sections 1 and 2 of the Chapter, remained in force declaring certain acts to be unlawful.</p> <p>3. Sections 1 and 2 of Chapter 5973, Acts of 1909, do not unlawfully discriminate against persons or deny to any person the equal protection of the laws.</p> <p>4. Sections 1 and 2 of Chapter 5973, Acts of 1909, are not void for uncertainty in the description of the territory covered by the regulation.</p> <p>5. The constitutionality of a provision of a statute cannot be tested by a party whose rights or duties are not affected by it, unless the provision is of such a nature that it renders invalid a provision of the statute that does affect the party’s rights or duties.</p> <p>6. Where a person is charged with taking fish “in Indian River,” in violation of a statute regulating the taking of fish “in any or all of the salt or fresh waters of the counties of” B., S. &e., such charge is not the basis for a contention that the statute is invalid because it conflicts with the right to fish in one’s own fresh water pond.</p> <p>7. Sections 1 and 2 of Chapter 5973, Acts of 1909, being existing valid laws, the enactment of Chapter 6222, Acts of 1911, a general law, provides a valid punishment for violation of the first named sections, without referring to them, di- specifically to Chapter 5973.</p>