State commission

“ Commission promulgation of orders is regulated by § 372.021 of 14 Fla.Stat.Ann., a legislative enactment. It provides that no regulation or amendment to a regulation is effective until 30 days after the filing of a certified copy of such provisions with the secretary of state. The statute also directs that any change in the type of regulation involved here is to be filed in the office of each county judge and that changes must be published in each county in a newspaper of general circulation. ”

“ As you know, the President’s Commission is trying to bring its work to a close and the Chief Justice promised a polygraph test and that was 6 weeks ago tomorrow. There have been a lot of things we have had to work out, and I think it all ought to be on the record. I would want to give everyone an opportunity to put any request right on the record in any way you want; and, of course, I think that all your objections and comments about this proceeding should go on the record. After you have so stated, I will state responsively the Commission’s position on these proceedings. ”

“ A commission member shall not have been an elected official and shall not have been an elected legislative district, county, or state political party officer within two years of his or her appointment to the commission. The provisions of this subsection do not apply to the office of precinct committee person. (4) The legislature shall enact laws providing for the implementation of this section, to include additional qualifications for commissioners and additional standards to govern the commission. The legislature shall appropriate funds to enable the commission to carry out its duties. ”

“ It then becomes the duty of the state board of equalization to examine the abstracts of assessment submitted by the commission, and certify to the county assessor of each county a record of its action thereon. Section 7354. The commission is required to be in session every day except Sundays, and may hold sessions anywhere in the state. ”

“ The commission is entitled, with the assent of the parties, to move temporarily to any place where is considers it may be useful to have recourse to this means of inquiry or to send one or more of its members. Permission must be obtained from the state on whose territory it is proposed to hold the inquiry.
Article 21
Every investigation, and every examination of a locality, must be made in the presence of the agents and counsel of the parties or after they have been duly summoned. ”

“ In the second place, Honorable Judges, the permanent adoption of a commission form must necessarily mean a sacrifice of legislation and the ultimate destruction of local self-government. Even though the city may be subordinate to the state, nevertheless, it has a broad field of independent action. Otherwise, why give it a separate personality and a separate organization? Cities are permitted to exercise vast powers of police and of taxation. It is idle to say that a few commissioners can give satisfactory legislation. They cannot represent community interests. ”

“ Mr. Specter. Mr. Ruby, we have conferred with all parties here on the substance of the questions to be asked. Naturally, we have limitations in time and we can only ask them in a short series. We have conferred with Mr. Fowler, we have conferred with Mr. Wade and with Mr. Alexander here, and naturally also, the interest of the Commission is paramount, and we are doing our very best not to interfere with the State criminal proceedings. ”

“ I. We perceive no error in the limitation which the Commission made on the territorial scope of appellant's operations.
Appellant argues that if it may be authorized to serve all points in one state, say Georgia, without showing that every point in Georgia had been previously served by it, then it must be granted like authority as respects the 100 mile radius around Birmingham. That is a non sequitur. Prior operations to several points in a region may or may not justify the Commission in authorizing service throughout the whole region. ”

“ The testimony of a witness, taken under a commission, directed to five persons, or any one of them, cannot be read in evidence if another person than the commissioner, and who was not named in the commission, assisted in taking the examinations of the witnesses. Willings v. Consequa, Peters’ C. C. R. 301.
A commission directed to A. to be executed in one county, cannot be executed by him in another. The commissioner ought to state when and where the commission was executed. He acts under a special authority. The depositions were rejected, being obnoxious to this principle. ”

“ The parties are entitled to appoint special agents to attend the commission of inquiry, whose duty it is to represent them and to act as intermediaries between them and the commission.
They are further authorized to engage counsel or advocates, appointed by themselves, to state their case and uphold their interests before the commission. ”

“ After the initial adoption of a law by the legislature creating the independent commission, no amendment to such act which alters the composition of the commission shall be valid unless the amendment is enacted by a favorable vote of two-thirds of the members elected to each house of the legislature and is subject to referendum petition. The provisions of section 14 of Article IV, sections 14, 16, 17, 19, 20, 21, and 22 of Article III, and section 23 of Article II, insofar as they are inconsistent herewith, are hereby superseded. ”

“ Hubert. Do you know of any acquaintenance or friends that Jack had who had been convicted of crimes?
Mrs. Grant. Name them—I’ll admit to it if I know—yes—let me say this, we knew undesirable characters that grew up in our neighborhood.
Mr. Hubert. You remember some of their names?
Mrs. Grant. Yes.
Mr. Hubert. Would you state them, please?
Mrs. Grant. I don’t want it to be in the public library. These fellows are such nice fellows today, I heard. You know, if these things get out, they think we are degrading them. We were raised with a lot of people that become undesirables. ”

“ The settlements in the new Territories are generally made on Indian lands before the extinguishment of the Indian title. If difficulties ensue between the whites and Indians, the governor too frequently neglects the rights of the red man, and yields to the demand of those who have votes to promote his political aspirations in the organization of the forthcoming State. Lest any acting governor may suppose himself alluded to, we take occasion to disclaim such intention. ”

“ A commission for the administration of executive business, like the Civil Service Commission, is a very different thing from a committee endowed with discretion to pass upon the interests of free and equal citizens, not being itself either executive, legislative, or judicial. Such a body will inevitably become the engine of either one interest or another against the rest, or sink into nonentity. Such a commission lacks all the guarantees of justice and of correct civil action which we have established around our legislative, judicial, and executive institutions. ”

“ By this act the government established by the act of 1871 was abolished and the President by and with the advice and consent of the Senate was authorized to appoint a commission, consisting of three persons, to exercise the power and authority vested in the governor and the board of public works, except as afterwards limited by the act. ”

“ The necessity of a living, central, permanent authority had been rendered obvious by the disastrous working of the old system, arising partly from the absence of such control—an authority accumulating experience in itself, independent of local control, uninterested in favour of local abuse, and responsible to the Government. A Board of three Commissioners was therefore appointed under the Act, themselves appointing assistant Commissioners, capable of receiving the powers of the Commission by delegation. ”

“ Honorable Judges, if we are ever to arrive at a solution of our municipal problem, we must concentrate municipal authority; we must co-ordinate departments, eliminate useless boards and committees and fix absolutely and completely individual responsibility. This, we propose to do by establishing a commission form of government, where all governmental authority is vested in one small body of men, who individually act as the heads of administrative departments, but who collectively pass the needed legislation. ”

“ The appointment is the sole act of the President; the transmission of the commission is the sole act of the officer to whom that duty is assigned, and may be accelerated or retarded by circumstances which can have no influence on the appointment. A commission is transmitted to a person already appointed, not to a person to be appointed or not, as the letter enclosing the commission should happen to get into the post office and reach him in safety, or to miscarry. ”

“ The Congress may not delegate its purely legislative power to a commission, but, having laid down the general rules of action under which a commission shall proceed, it may require of that commission the application of such rules to particular situations and the investigation of facts, with a view to making orders in a particular matter within the rules laid down by the Congress. ”

“ Is the act of delivering or withholding a commission to be considered as a mere political act belonging to the Executive department alone, for the performance of which entire confidence is placed by our Constitution in the Supreme Executive, and for any misconduct respecting which the injured individual has no remedy? ”

“ No person while employed by, or holding any office in relation to, any transportation or transmission company, or while in any wise financially interested therein, or while engaged in practicing law, shall hold office as a member of said commission, or perform any of the duties thereof. At least one of the commissioners shall have the qualifications prescribed for judges of the Supreme Court of Appeals, and any commissioner may be impeached or removed in the manner provided for the impeachment or removal of a judge of said court. ”

“ Various powers in relation to charities have also by Act of Parliament been given to Charity Commissioners, whose records are also under the charge and superintendence of the Master of the Rolls.
The idea of a Commission as old as Domesday Book. The original idea of a commission, however, is as old as the oldest of the public records. A commission was, in principle, the delegation of an authority to certain persons for the performance of some particular duty, usually within a limited time. From the idea of a temporary Commission was developed the idea of a renewable or permanent Commission. ”

“ The welfare work of the District of Columbia is administered by several different boards dealing with charities and various correctional efforts. It would be an improvement if this work were consolidated and placed under the direction of a single commission. ”

“ After the reports of these officers are filed with the Commissioner of the General Land-Office, they are to be subject to the examination of that officer, who is to report thereon directly to Congress. In all cases where he and the local commissioner concur in the rejection of the claim, that action is to be final; but where he concurs with these commissioners in holding a claim valid, he shall report the same to Congress for its action. And in cases where he disapproves the report of the commissioners, he shall in like manner report the whole matter to Congress for final action. ”

“ The commissioners have been confirmed in the propriety of their ideas by a reflection that, if it shall for any reasons seem expedient to the legislature to repeal or suspend the limitation of these or any of those statutes, the avenues to redress will at once be open through the ordinary officers of the state, without farther legislative interposition ”

“ The assistant directors of bureaus and offices, the assistant attorneys of the Bureau of Justice, the judges and auxiliary judges of municipal courts, the justices and auxiliary justices of the peace, the provincial and city treasurers, fiscals, sheriffs, and board or council members, the registers of deeds, and all other highly technical and primarily confidential officials and employees shall be appointed by the Chairman of the Executive Commission upon the recommendation of the Commissioner concerned. ”

“ The commissioners should be instructed as to the manner of the hearing and the method of conducting it, of the right to view the property, and of the limited purpose of viewing. They should be instructed on the kind of evidence that is inadmissible and the manner of ruling on it.
The commissioners should also be instructed as to the kind of report to be filed. Since by Rule 71A (h) the report has the effect of a master's findings of fact under Rule 53 (e) (2) , the commission should be instructed as to what kind of findings should be included. ”

“ Let me make it clear that I have no objection to the method of control through a public service commission. It is the proper way for the people themselves to protect their interests. In practice, however, it has in many instances departed from its proper sphere of action and also from its theory of responsibility. It is an undeniable fact that in our modern American practice the public service commissions of many states have often failed to live up to the high purpose for which they were created. In many instances their selection has been obtained by the public utility corporations themselves. ”