Lummus v. Florida-Adirondack School, Inc., (1934)
Court: Supreme Court of Florida
Number:
Visitors: 13
Judges: BUFORD, J.
Attorneys: Cary D. Landis, Attorney General, and H.E. Carter and J.V. Keen, Assistants, for Appellants;
Filed: Jul. 31, 1934
Latest Update: Mar. 02, 2020
Summary: [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 812 In this cause Mr. Chief Justice DAVIS, Mr. Justice WHITFIELD, and Mr. Justice BUFORD are of the opinion that the decree of the Circuit Court should be reversed while Mr. Justice ELLIS, Mr. Justice TERRELL, and Mr. Justice BROWN are of the opinion that the said decree should be affirmed. When the members of the Supreme Court sitting six members in a body a
Summary: [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 812 In this cause Mr. Chief Justice DAVIS, Mr. Justice WHITFIELD, and Mr. Justice BUFORD are of the opinion that the decree of the Circuit Court should be reversed while Mr. Justice ELLIS, Mr. Justice TERRELL, and Mr. Justice BROWN are of the opinion that the said decree should be affirmed. When the members of the Supreme Court sitting six members in a body an..
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I concur fully in the opinion and judgment of affirmance, except in one particular referred to in the opinion. My view is that Section 16 of Article XVI is self-executing, and that the Legislature is without power to authorize the taxation of property of corporations held and used exclusively for religious, scientific, municipal, educational, literary or charitable purposes." Legislative definitions of these words in the Constitution, as applied to property of specific institutions or
corporations, might be entitled to great weight, if and when made, but if clearly wrong they could not be allowed to defeat the meaning and purpose of the constitutional provision as judicially construed, so long as it remains a part of our Constitution.
Source: CourtListener