Rushton v. State

• Decision Date: 08 March 1918
• Citation: 78 So. 345,75 Fla. 422
• Parties: RUSHTON et al., County Com'rs v. STATE ex rel. COLLINS et al.
• Court: Florida Supreme Court

78 So. 345

75 Fla. 422

RUSHTON et al., County Com'rs v. STATE ex rel. COLLINS et al.

Florida Supreme Court

March 8, 1918

Error to Circuit Court, Manatee County; F. M. Robles, Judge.

Mandamus by the State of Florida, on the relation of V. B. Collins and others, against M. G. Rushton and others, County Commissioners of Manatee County. Judgment for relators, and peremptory writ of mandamus issued, and defendants bring error. Affirmed.

Syllabus by the Court

SYLLABUS

A wide latitude must of necessity be accorded the Legislature in its enactments of law; and it must be a plain case of violating the requirements of the organic law as to titles of acts before the courts will nullify statutes or portions thereof as not being within the purpose and scope of the subject as expressed in the title and of 'matter properly connected therewith.'

The provision for the payment of the organized militia for services rendered, contained in section 4, chapter 6946, Acts 1915, is properly connected with the subject of 'organized militia of the state' expressed in the title of the act, and consequently such provision does not violate section 16, article 3, of the Constitution.

The title of chapter 6946, Acts 1915, is not misleading, and it need not be an index to the contents of the act.

Only the subject and not 'matter properly connected therewith' that is embraced in the act shall be expressed in the title; and the title may be as brief or as lengthy as the Legislature may desire, when it does not express more than one subject, and is not misleading.

The service rendered by the organized troops of the state in aid of the civil authorities of a county in enforcing law and order in the county at the request of the county authorities is for a county purpose, and payment therefor by the county does not violate the organic provision for 'a uniform and equal rate of taxation,' or the article of the Constitution relating to 'militia.'

COUNSEL Chas. T. Curry and L. A. Morris, both of Bradentown, for plaintiffs in error.

Knight Thompson & Turner, of Tampa, for defendants in error.

OPINION

WHITFIELD, J.

The circuit judge of the Sixth judicial circuit being disqualified, the circuit judge of the Thirteenth judicial circuit issued an alternative writ of mandamus in which it is in effect alleged that the relators are members of the state militia and national guard of the state, all being citizens and residents of Hillsborough county, Fla.; that a mob had been organized and formed in Manatee county for the purpose of lynching a person accused of crime; that upon the request of the sheriff of Manatee county, the Governor directed the adjutant general to order the officer in command of the nearest body of troops to Manatee county via Duval county where the defendant charged with the crime was there incarcerated, to proceed, with the troops under him or as many thereof as might be necessary, with all possible promptness to comply with the requests made by the county officials of Manatee county; that thereupon the adjutant general did order relators to proceed with all possible promptness to protect the said accused criminal from attack and to proceed to Manatee county, and to remain in Manatee county to protect the said accused, and to preserve the peace in Manatee county, and to preserve order there, and to remain during the trial of the said accused, so that there should be no riot nor any resistance to the execution of the laws nor any breach of the peace; that in pursuance of said orders the relators did proceed to the county of Manatee, and did remain in said county during the trial of said accused and until after his conviction and execution, and afterwards by order returned to Hillsborough county; that afterwards regular--

'pay rolls upon regular forms, and regular accounts for subsistence and transportation of said relators to Manatee county and return and during their stay there were regularly made up in accordance with paragraph A of section 4 of chapter 6946 of the Laws of Florida, and such pay rolls and accounts, after having been duly audited and duly certified as correct by the commanding officer of the troops, to wit, V. B. Collins, one of the relators herein were transmitted by the relators herein to the adjutant general of the state of Florida, and the adjutant general of the state of Florida thereafter certified all of said pay rolls and accounts for payment to the clerk of Manatee county, Fla., where the troops served, to be by said clerk laid before the board of county commissioners for Manatee county, and that the clerk of Manatee county did submit said bills, the same being as follows, to wit:

Pay of troops as shown on certified and approved pay rolls $2,750.37

Amounts due various creditors for transportation, subsistence, etc., while coming to Manatee county, remaining there, and going therefrom, amounting to 2,354.18

'And that the county commissioners of Manatee county, under the advice of the county attorney of Manatee county, to the effect that such bills should be paid by the state authorities and not by the county of Manatee, declined and refused, and still decline and refuse, to pay the same.'

The alternative writ commanded--

'the board of county commissioners of Manatee county, state of Florida, do audit and approve the said bills for the pay of troops, as shown and certified and approved on the pay rolls, amounting to twenty-seven hundred and fifty dollars and thirty-seven cents ($2,750.37), and all bills for moneys due other creditors for transportation, subsistence, etc., amounting to twenty-three hundred and fifty-four dollars and eighteen cents ($2,354.18), as shown by the bills approved and certified by the adjutant general of the state of Florida to the county commissioners of Manatee county; and that you, the said county commissioners, do provide for the immediate payment of such bills and claims, or * * * show cause why you should refuse so to do.'

A demurrer to the alternative writ was filed, the grounds being:

'First. That the facts stated in the alternative writ are not sufficient to entitle relators to the relief sought.

'Second. That under the provisions of section 6 of chapter 6946 of the Laws of Florida of 1915, it is among other things provided that the transportation and subsistence of the National Guard of Florida when called out to preserve the public peace or to execute the laws of the state shall be paid by the state out of the state treasury on a warrant drawn by the comptroller upon the requisition of the adjutant general, approved by the Governor.

'Third. That the National Guard of Florida is a state organization and not a county organization, and that the expenses incurred by the National Guard of Florida for transportation and subsistence as set forth in the alternative writ is not for a county purpose, but for a state purpose, and that section 4 of chapter 6946 of the Laws of Florida of 1915, under authority of which this proceeding is brought, is unconstitutional and void and in conflict with section 5 of article 9 of the Constitution of the state of Florida, and in conflict with article 14 of the Constitution of the state of Florida, and in contravention of and in conflict with section 16 of article 3 of the Constitution of the state of Florida.

'Fourth. That there is no lawful provision made for the payment of the expenses incurred by the National Guard of Florida for transportation and subsistence incurred as set forth in the alternative writ, except the provision therefor made in section 6 of chapter 6946 of the Laws of Florida of 1915.

'Fifth. That subdivision (a) of section 4 of chapter 6946, Acts 1915, amending section 716 of the General Statutes of Florida, is unconstitutional and void in that it violates that section of the Constitution of Florida which requires and provides that all acts passed by the Legislature shall contain one subject and matter properly connected therewith, which subject shall be briefly expressed in the title, and the title of said act in question does not express the matter contained in subdivision (a); and also said subdivision of said section is in conflict with article 1, section 9, of the Constitution of the state of Florida, relating to uniform and equal rate of taxation.'

This demurrer was overruled, and no further pleadings being filed, a peremptory writ was issued. A writ of error was taken; the errors assigned being the overruling of the demurrer to the alternative writ, and the issuing of the peremptory writ of mandamus.

The statute to be considered is that portion of chapter 6946, Acts 1915, amending sections 716 and 723 of the General Statutes of 1906, as follows:

'Sec. 4. That section 716 of the General Statutes of the state of Florida be and the same is hereby amended so as to read as follows:

"Section 716. How Ordered Out.--When an invasion of or insurrection in the state is made or threatened or whenever there exists a riot, mob, unlawful assembly, breach of the peace or resistance to the execution of the laws of the state, or imminent danger thereof, and the civil authorities are unable to suppress the same, it shall be the duty of the commander-in-chief, or in case he cannot be reached and the emergency will not permit of awaiting his orders, it shall be the duty of the adjutant-general to issue an order to the officer in command of the nearest body of troops, commanding him to proceed with the troops under him, or as many thereof as may be necessary, with all possible promptness, to suppress the same. In any case where neither the commander-in-chief nor the adjutant-general can be reached, and the exigency of the occasion shall require it, the county judge of any county where there may

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