Judges: TERRELL, J.:
Attorneys: James T. Smith, for plaintiff.
Lewis T. Wray, and Harry I. Young, for City of St. Petersburg, and Allen C. Grazier, for St. Petersburg Port Authority, defendants.
Filed: Mar. 02, 1945
Latest Update: Mar. 02, 2020
Summary: R.J. Cantwell, as complainant, filed his bill of complaint in the circuit court to restrain the City of St. Petersburg and the St. Petersburg Port Authority, as defendants, from purchasing the ferry franchise and assets of Bee Line Ferry, Inc., a Florida corporation. The theory of the blll of complaint is that the ferry franchise is a nullity because the Act under which it was granted, Chapter 13884, Acts of 1929, Chapter 347.11 and 347.25 , Florida Statutes, 1941, is a special or local law in v
Summary: R.J. Cantwell, as complainant, filed his bill of complaint in the circuit court to restrain the City of St. Petersburg and the St. Petersburg Port Authority, as defendants, from purchasing the ferry franchise and assets of Bee Line Ferry, Inc., a Florida corporation. The theory of the blll of complaint is that the ferry franchise is a nullity because the Act under which it was granted, Chapter 13884, Acts of 1929, Chapter 347.11 and 347.25 , Florida Statutes, 1941, is a special or local law in vi..
More
Certainly the Legislature has the power to grant and prescribe powers to a State agency, such as the Railroad Commission, so long as no constitutional provision is violated. The Legislature may have had good reasons for confining the exercise by the Commission of the powers here in question to bays, inlets, etc., along the Gulf coast. A glance at the map shows that there are marked geographical differences between the Gulf coast and the Atlantic coast of Florida. It appears to me that we are here dealing with a general law. See State v. Stoutamire, 131 Fla. 698, 179 So. 730, 16th head note.
