Opinion

State Ex Rel. Landis v. Williams

  • 112 Fla. 734
  • 151 So. 284
Court
Supreme Court of Florida
Filed
Nov 15, 1933
Status
Published
Author
Davis
On the bench
Whitfield, Davis, Ellis, Terrell, Brown, Buford
Cited by
3 cases
Authority
More cited than 37.6%

The opinion

Davis, C. J.

(concurring). — While I have some considerable doubt as to the validity of the Palm Beach County Budget Commission Act involved in this case, the rule of constitutional law is that, in case of doubt, the doubt must be resolved in favor of upholding the validity of the legislative Act. Courts have no power

per se

to declare Acts of the Legislature invalid merely because they may be considered unreasonable, absurd, unworkable, unpopular or nonsensical in their operation. On the contrary a State statute must be upheld unless it is shown

beyond every reasonable doubt

to be contrary to some express, or necessarily implied constitutional provision, and that to enforce it results in some direct injury suffered or threatened, presenting a justiciable issue that is made to rest upon the challenged Act. Williams v. Riley, 280 U. S. 78 , 74 L. Ed. 175 , 50 Sup. Ct. Rep. 63.

I therefore give the benefit of the doubt to the Act in question, and concur in Justice Whitfield’s opinion holding that it -has not been sufficiently shown to be unconstitutional upon the grounds presented in the attack upon it in this case.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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