Van Pelt v. Hilliard

Citations

• 75 Fla. 792

Syllabus

<p>1. The legislature must be assumed to understand the meaning of words and to have expressed by use of the words employed their intent and where words employed in a statute have a well defined meaning, there is no place for construction as to the meaning of the words, but the Courts must give to such words the popular or generally accepted meaning.</p> <p>2. Where words used in a statute have no definite meaning or the connection in which they are used is ambiguous, it is the duty of the Courts to give to such words a meaning, if it can reasonably be done, that will best harmonize with the object of the enactment, and give effect to the legislative intent.</p> <p>3. The words “club or other association of persons” has no definite or popularly accepted meaning and the courts must ascertain and declare wh|at was the meaning of the words as intended by the Legislature and in doing this must ascertain what was the object of the statute, the law as it existed on the subject and the defect in the existing law and give to such words a meaning that will hjarmonize with and not defeat the evident purpose of the statute.</p> <p>4. The policy of the State in the regulation of the sales of intoxicating liquors in non prohibited territory had been to prevent the assesmbling of persons in the open saloon and there drinking intoxicating liquors, wines and beer, but such prohibition did not apply to clubs or other associations of persons and the Object of Chapter 7287, Laws of Florida 1917, was to include such clubs and associations. The purpose of this statute Chapter 7287 is to discourage the habit of social drinking, to prevent the assembling of persons at a certain place and there drinking intoxicating liquors, although each should have served to him his own liquors in consideration of pay for such scervice.</p> <p>5. A person who furnishes such a place and holds himself out to receive, keep and store, and does keep and store large quantities of intoxicating liquors brought t