STATE JUDICIARY

The judicial power of the State shall be vested in a supreme court, circuit courts, court of record of Escambia County, criminal courts, county courts, county judges and justices of the peace, and such other courts or commissioners as the legislature may from time to time ordain and establish. (Fla. Const., Art. V, sec. 1.)

SUPREME COURT

The above body, consisting of one chief and five associate justices, elected for 6-year terms, has appellate jurisdiction in all cases at law and equity originating in circuit courts, and of appeals from the latter tribunals in cases arising before judges of the county courts in matters pertaining to their probate jurisdiction and in case of conviction for felony in criminal courts, as well as in all criminal matters originating in the circuit courts. (Sec. 5.)

CIRCUIT COURTS

Florida is divided into 28 judicial circuits, each of which has at least one circuit court, and some of which have from two to four of the same. There are 40 judges now functioning in such bodies throughout the State, the State designating the appointee, with advice and consent of the senate. The tenure of office therefor is six

years. (Sec. 8.)

Above courts have exclusive jurisdiction in all equity matters, in alt cases at law not cognizable by inferior courts, in all cases involving the legality of any tax assessment or toll, and in all criminal cases not cognizable by inferior courts. They have final appellate jurisdiction in all civil and criminal cases arising in the county court, or before the county judge, of all misdemeanors tried in criminal courts of judgments or sentences in the mayor's court, and of all cases arising before justices of the peace in counties in which there is no county court. (Sec. 11.)

Provision is also found in the constitution for establishment of a criminal court of record in Escambia County and " upon application of a majority of the registered voters in such other counties as the legislature may deem expedient," to exercise jurisdiction over all criminal cases, not capital, arising in such county or counties. (Secs. 24, 25.)

Such courts are at present established in Miami, Jacksonville, Pensacola, Tampa, Key West, Orlando, West Palm Beach, and Bartow. They function with one judge and one prosecutor.

The State constitution also provides for installation of-in such counties as the legislature may deem proper-county courts, which have jurisdiction of all cases at law in which the demand or value of the property involved is not in excess of $500; of proceedings relating to forceable entry or unlawful detention of lands, and of misdemeanors; and final appellate jurisdiction over civil cases arising before justices of the peace. (Sec. 18.)

County courts are located in De Soto. Gadsden, Glades, Indian River, Jefferson, Lee, Manatee, Martin, Okeechobee, Osceola, Pasco, Pinellas, Sarasota, Seminole, and St. Lucio.

Provision is also made for the election for a 4-year term of a county judge for each county in the State. There are at present 67 of such officers now established in various counties of the State. They have original jurisdiction in all cases at law in which the demand or value of property involved is not in excess of $100, as well as such criminal matters as the legislature may prescribe. A county judge also exercises the power of a committing magistrate. (Arts. 16, 17.)

Courts of crimes are also established at Miami and at Tampa, with a judge and prosecutor to function in each of the same. Seven juvenile courts are also installed throughout the State.

JUSTICES OF THE PEACE

The State constitution provides that county commissioners shall divide each county into as many justice districts as may be deemed necessary; that one of such officers shall be elected to function in each of the same for 4-year terms; and that they shall be jurisdiction in cases at law in which the demand or value of the property involved is not in excess of $100 and in such criminal cases, except felonies, as may be prescribed by law; and to issue processes for the arrest of all persons charged with felonies and misdemeanors not within their jurisdiction to try. (Secs. 21, 22.) Two hundred and fourteen of such officers now function throughout Florida.

The following is a comparative table of felony convictions in Florida for a 28-year period:

ATTORNEY GENERAL

The above officer, elected for a 4-year term, functions with one. assistant. He acts as legal advisor to the governor and other officers of the executive department. (Art. IV, sec. 20.)

STATE ATTORNEY

The governor, by and with the advice and consent of the senate, appoints one of the above officers to serve, for 4-year tenures, as prosecutor in each judicial circuit.

PROSECUTING ATTORNEYS

Above prosecutors are elected for 4-year terms to function in county courts throughout the State. Similar officers are appointed by the governor to serve in criminal courts of record above described.

PARDON BOARD

The writer heard criticism of the above body from numerous quarters throughout Florida. There seems to be a conviction among many law-enforcement officials that misuse of the pardon power, in the form of excessive leniency, is a factor that his contributed to crime increase in the State. The following figures indicate the numbers of pardons granted for the years 1927 and 1928, in cases involving violent crimes: Murder, 42; manslaughter, 7; breaking and entering, 26; assault to murder, 16; highway robbery, 17; grand larceny, 3; robbery, 15; rape, 3.

In addition, 26 of 46 murderers sentenced to death had their sentences commuted to life imprisonment.

Crimes for which sentences were being served in State penitentiary in 1927–28

Statistics prepared by the prison division of the Florida Department of Agriculture indicate that of the prisoners received at the State penitentiary during 1928 those whose ages ranged from 16 to 21 years were in the majority. The following is a table of ages prepared by such division:

Florida is divided into two Federal judicial districts-the northern, embracing 22 counties in the northwestern and gulf portion of the State, and the southern, comprising 45 counties in the northeastern and southern part thereof. Terms of court are held in the former at Pensacola, Marianna, Tallahassee, and Gainesville; in the lat er at Jacksonville, Miami, Key West, Tampa, and Ocala. One judge, one United States attorney, and one assistant United States attorney function in the northern section, while three judges, located at Jacksonville, Miami, and Tampa, preside over court in the southern area. One United States attorney, with three assistants, is assigned to the latter district.

Rulings of Judges Jones and Ritter, occupants of the Federal bench at Jacksonville and Miami, respectively, are the source of some criticism from both prohibition and customs authorities in Florida. Both of the above justices, and more especially the former, are inclined, according to prohibition authorities, to resolve doubts in favor of violators. Both are universally disliked by prohibition officers, who seem to harbor the view that they go out of their way to embarrass and obstruct prohibition enforcement efforts. Contrary opinions are held of Judge Akerman and Sheppard, who hold court at Tampa and Pensacola, respectively.

Prohibition and customs authorities regard the latter officers highly and apparently experience no difficulty in their courts.

United States attorneys in both districts, able and vigorous prosecutors, cooperate fully with other governmental agencies and appear to have the entire confidence of such organizations. The Government prosecutor at Jacksonville functions with three assistants, two of whom are stationed at Miami and Tampa. The United States attorney for the northern district, with offices at Pensacola, is assigned one assistant.

Prohibition cases disposed of in both districts for the past fiscal year are as follows:

Length of sentences: Northern, 57 years 11 months 24 days; southern, 37 years 8 months 2 days.

Length of probations: Northern, 2 years and 3 months; southern, 3 years and 5 months.

ENFORCEMENT PERSONNEL

PROHIBITION

Federal prohibition enforcement activities in Florida are divided among two agencies, that functioning in the northern district under supervision of the administrator at New Orleans, La., and that operating in the southern district under the direction of the administrator at Savannah, Ga. Deputy administrators located at Jacksonville, in the southern area, and Pensacola in the northern, are directly in charge of enforcement operations. Both of such divisions follow the same geographical lines as those of the two Federal judicial districts in the State. Personnel in the northern territory is distributed as follows: Pensacola, 4 agents; Marianna, 2 agents.

Officers in the southern district are assigned to posts of duty in the following places: Jacksonville, 7 agents; West Palm Beach, 7 agents, 1 investigator; Miami, 7 agents, 1 inspector; Tampa, 6 agents, 1 inspector; Orlando, 3 agents.

The general run of violations throughout the southern district involve the sale and transportation of foreign liquor, though some illicit distilling is carried on in counties like Broward, Baker, Dade, Duval, Hillsborough, Lake, and Marion. Dade, Duval, Hillsborough, and Palm Beach are regarded by prohibition authorities as presenting the most serious problems from the standpoint of violations. Sheriffs in Dade and Duval Counties are at present engaged in a most vigorous offensive against all law violators. The general run of sheriffs in the State appear interested in prohibition enforcement and extend cooperation when so requested, but prefer to have the actual work done by Federal men, so as to avoid incurring political animosities.

Most violations in the northern district run to moonshine liquor. Prohibition forces there, wholly inadequate numerically, depend entirely upon cooperation from local authorities. The majority of sheriffs in the counties embraced by this territory are reliable and assist materially. Local courts, however, are otherwise, and as a result practically all cases made by Federal officers are taken to the Federal court. The Jackson County court is an exception, however, and cases made in that jurisdiction are satisfactorily disposed of there.

Violations in the northern districts run mainly to moonshine liquor. Prohibition forces there, numerically inadequate, depend entirely upon cooperation from local enforcement authorities, which in many counties is not always forthcoming. Sheriffs in Escambia, Santa Rosa, Holmes, Washington, Jackson, Liberty, Gadsden, Leon, Lafayette, Alachua, and Dixie Counties are regarded as reliable by