Judges: CHAPMAN, J.:
Attorneys: Robert J. Boone, David B. Newsom, Boone, Boone Newsom, for appellant.
John J. Lindsey, for appellee.
Filed: May 12, 1944
Latest Update: Mar. 02, 2020
Summary: The relator, Russell F. Hand, was elected a member of the Board of Public Instruction from District No. 2 of Dade County, Florida, at the regular November election held during *Page 457 the year 1938, and the term of office was for a period of four years, beginning on Tuesday after the first Monday in January, 1939, and ending on a corresponding date in January, 1943. The relator gave the necessary bond, took the prescribed oath of office, was commissioned by the Governor, and entered upon and p
Summary: The relator, Russell F. Hand, was elected a member of the Board of Public Instruction from District No. 2 of Dade County, Florida, at the regular November election held during *Page 457 the year 1938, and the term of office was for a period of four years, beginning on Tuesday after the first Monday in January, 1939, and ending on a corresponding date in January, 1943. The relator gave the necessary bond, took the prescribed oath of office, was commissioned by the Governor, and entered upon and pe..
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I concur in the judgment of affirmance in this cause for the reason that I think the Court is without jurisdiction to review the action of the Governor and the Senate as taken in the removal of an officer except to determine whether or not jurisdictional grounds for removal were charged against the officer. See Hardie v. Coleman, 115 Fla. 119, 155 So. 129.
In this case the record shows that the jurisdictional ground of drunkenness was charged, the record showing that the Governor during the session of the Legislature recommended
to the Senate that Hand be removed from office upon the ground that he had been guilty of drunkenness during his then term of office; that the Senate acted upon the recommenation of the Governor and consented to the removal of Hand on the ground stated, satisfied the Constitution in this regard, drunkenness being a ground for removal under Section 15 of Article IV of the Constitution. See also State v. Ledwith, 14 Fla. 220, and State v. Johnson, 30 Fla. 499, 11 So. 855.
The appeal is from order sustaining demurrer to alternative writ. It therefore follows that the judgment should be affirmed.
TERRELL, CHAPMAN, ADAMS and SEBRING, JJ., concur.
