City of Tampa v. Prince

Decision Date23 April 1912
PartiesCITY OF TAMPA et al. v. PRINCE.
CourtFlorida Supreme Court

Appeal from Circuit Court, Hillsborough County; F. M. Robes, Judge.

Suit by R. M. Prince against the City of Tampa and others. From a decree for complainant, defendants appeal. Reversed.

Syllabus by the Court

SYLLABUS

It is within the province of the Legislature to declare what is a municipal purpose; and a duly enacted statute designating a municipal purpose is subject only to the provisions and principles of organic law.

Where a statute expressly authorizes a city to raise by taxation funds 'necessary to maintain a public library in said city' (Acts 1911, c. 6402, s 14), the maintenance of such a library is a municipal purpose not excluded by organic law and any proper action taken by the city to effectuate the designated purpose within the prescribed limits is authorized.

The authority given the city of Tampa by section 14 of chapter 6402, Acts of 1911, to maintain a public library necessarily includes authority to establish one.

Chapter 6199, Acts of 1911, a general law authorizing cities and towns to establish and maintain free public libraries and reading rooms, does not expressly or impliedly repeal the provisions of chapter 6402, Acts of 1911, a special law authorizing the city of Tampa to raise by taxation funds to maintain a public library in said city.

COUNSEL G. E. Mabry and C. C. Whitaker, both of Tampa for appellants.

H. S. Hamption, of Tampa, for appellee.

OPINION

WHITFIELD C.J.

This appeal is from a decree enjoining the city of Tampa and its officers from contracting to purchase a lot in the city and from incurring indebtedness for plans and specifications for a library building to be erected on the lot, and from levying a tax for the maintenance of a free public library.

The Constitution provides: 'The Legislature shall establish a uniform system of * * * municipal government, which shall be applicable, except in cases where local or special laws are provided by the Legislature that may be inconsistent therewith.' Section 24, art. 3. 'The Legislature shall have power to establish and to abolish municipalities, to provide for their government, to prescribe their jurisdiction and powers, and to alter or amend the same at any time.' Section 8, art. 8. 'The Legislature shall authorize the several * * * incorporated cities or towns in the state to assess and impose taxes for * * * municipal purposes, and for no other purposes.' Section 5, art. 9.

The statute incorporates the city of Tampa, and provides that the city 'may purchase, lease, receive and hold property, real and personal, * * * for any public purpose that the mayor and city council may deem necessary and proper'; and authorizes the city 'to raise by taxation such amount as may be necessary to maintain a public library in said city not to exceed one-fourth mill on the dollar upon the taxable property of the city of Tampa.' Sections 1 and 14, chapter 6402, Acts of 1911.

It is within the province of the Legislature to declare what is a municipal purpose; and a duly enacted statute designating a municipal purpose is subject only to the provisions and principles of organic law.

As the city is expressly authorized to raise by taxation funds 'necessary to maintain a...

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