State Ex Rel. Alderman v. Beville

• Decision Date: 18 October 1932
• Citation: 144 So. 331,107 Fla. 57
• Parties: STATE ex rel. ALDERMAN et al. v. BEVILLE et al., State Live Stock Sanitary Board.
• Court: Florida Supreme Court

144 So. 331

107 Fla. 57

STATE ex rel. ALDERMAN et al. v. BEVILLE et al., State Live Stock Sanitary Board.

Florida Supreme Court

October 18, 1932

En Banc.

Proceeding by the State, on the relation of B. E. Alderman and others for a writ of mandamus to T. S. Beville and others constituting and being the State Live Stock Sanitary Board of Florida. On motion to quash the alternative writ.

Motion denied.

COUNSEL Thad H. Carlton, of Fort Pierce, for relators.

S. B Jennings and Fred M. Burns, both of Jacksonville, and Waller & Pepper, of Tallahassee, for respondents.

OPINION

PER CURIAM.

The object of the alternative writ of mandamus in this case is to command the members of the state live stock sanitary board to appoint a disinterested party to act on a board of arbitrators to determine the actual, necessary, and reasonable cost of collecting together, driving to and from the dipping vats, cattle which the state live stock sanitary board has required to be dipped in accordance with chapter 9201, Acts of 1923, all of which it is alleged respondents refuse to do.

The pertinent portions of the statute read as follows:

'* * * When any owner, custodian, or person in charge of any cattle which are infested with the cattle fever tick, by an order, rule or regulation of the State Live Stock Sanitary Board be required to disinfect such cattle by dipping same as hereinbefore provided, that one-half the actual necessary and reasonable expense incurred in collecting together and driving such cattle to and from the dipping vat by such owner, custodian or person in charge of same, in compliance with such order, rule, or regulation of said State Live Stock Sanitary Board shall be paid by the said Board to such owner, custodian, or person in charge of such cattle, provided such actual, necessary and reasonable expense is incurred with the approval and consent of the State Live Stock Sanitary Board or the State Veterinarian, and provided further that in the event said State Live Stock Sanitary Board or the State Veterinarian and the owner, custodian, or person in charge of such cattle are unable to agree upon the cost of collecting together and driving such cattle to and from dipping vat or vats, then the cost shall be determined by three disinterested parties, one to be selected by the said Board or State Veterinarian, one by the owner, custodian, or person in charge of such cattle, and such disinterested persons shall jointly agree upon the third disinterested person, and the findings of such disinterested persons shall be binding upon the Board and the owner, custodian, or person in charge of such cattle. In the event the arbitrators refuse or neglect to determine the actual, necessary or reasonable expense herein mentioned, then the State Live Stock Sanitary Board may at its option

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