Wheeler v. Meggs

Citations

• 75 Fla. 687
• 78 So. 685

Syllabus

<p>1. Under the provision of the constitution that the Supreme Court shall have the power to issue “all writs necessary or proper to the complete exercise of its jurisdiction,” the Supreme Court should not, assuming that it has the power to do so, in a case on appeal, enjoin' the holding Of a local option election when an injunction hp.s been refused by a circuit judge, unless it clearly appears that the election has been called in violation of law and that no other adequate remedy is afforded by law.</p> <p>2. The provisions of the constitution should be interpreted with reference to their relation to each other unless a different intent is clearly manifest.</p> <p>3. A “primary election” by qualified electors who' are members of a political party, to elect party candidates and committeemen and delegates under the statute, is not a “State election” to choose officers by any or all electors qualified under the constitution.</p> <p>4. It is not cleiar that the organic provision that no local option election shall “take place within sixty days” before “any State or National election,” has reference to a statutory “primary election” to nominate p¡arty candidates for office, &e., as well as to a “State election” to choose officers.</p> <p>5. It does not clearly appear that the irregularities and illegalities complained of in the proceedings for calling the local option election will render the election invalid.</p>