State ex rel. Blalock v. Lee

• Decision Date: 14 March 1941
• Citation: 1 So.2d 193,146 Fla. 385
• Parties: STATE ex rel. BLALOCK et al. v. LEE, Comptroller of Florida, et al.
• Court: Florida Supreme Court

1 So.2d 193

146 Fla. 385

STATE ex rel. BLALOCK et al. v. LEE, Comptroller of Florida, et al.

Florida Supreme Court

March 14, 1941

Davis, Davis & McClure, of Madison, for relators.

J. Tom Watson, Atty. Gen., and Lawrence A. Truett, Asst. Atty. Gen for respondents.

BUFORD, Justice.

To alternative writ of mandamus addressed to Honorable J. M. Lee, as Comptroller of the State of Florida, requiring him to forthwith 'determine the net amount payable to the Board of County Commissioners of Madison County, Florida, for its proportionate part of taxes collected and which have accrued to the credit of said county under and pursuant to the provisions of Chapter 14832, Laws of Florida, 1931, as amended, and forthwith to make up, draw and sign his warrant on the Treasurer of the State of Florida for the full net amount of money which has been collected and accrued to the credit of and is subject to distribution to the Board of County Commissioners of Madison County, Florida, pursuant to said Act, and to deliver said warrant to said Board of County Commissioners after the same has been drawn as required by law, or that the said respondent show cause to this court on a short day to be fixed by the Court why he fails and refuses to do so.'

Respondent filed motion to quash in which it is contended that relator is bound by the provisions of Chapter 16125, Acts of 1933, and that respondent is precluded from complying with the command of the writ by the provisions of that Act.

Chapter 16125, Acts of 1933, was not passed in conformity with section 21 Article III of the Constitution, and, therefore, as a local or special law it was without validity. See Harrison v Wilson, 120 Fla. 771, 163 So. 233; Anderson v. Board of Public Instruction, 102 Fla. 695, 136 So. 334. The Court may take judicial cognizance of the fact that Chapter 16125 at the time of its adoption was applicable to but one county in this State. See Manatee County v Davidson, 132 Fla. 295, 181 So. 889; Dowling v. W. R Hodges & Son, 131 Fla. 672, 179 So. 702; Anderson v. Board of Public Instruction, supra.

We next come to the question whether or not Chapter 16125, supra, was a valid general law at the time of its becoming effective. If it was not a valid law then, it never became a valid law. See Neisel v. Moran, 80 Fla. 98, 85 So. 346.

Section 1 of Chapter 16125, supra, provides: 'Section 1. From and after the effective date of this Act all moneys provided to be remitted to the several Counties of this State by the provisions of Section 12 of Chapter 14832, Laws of Florida, shall, in the case of Counties having a population of not less than Sixteen Thousand and not more than Eighteen Thousand Four Hundred, according to the last Federal census, meaning the Federal census that shall have last been taken prior to the time, in each instance, of consideration and action under this Act in its progressive application to the subject matter, be remitted to said Counties by warrants drawn in favor of and payable to the Superintendents of Public Instruction of said respective Counties, and said money so remitted to said Counties, having the population aforesaid, is hereby appropriated to be used, and shall be used and expended in said several Counties, respectively, exclusively for the payment of salaries, accrued or to accrue, of teachers in the public free schools of said fespective Counties.'

It this Act was a valid general Act, then it was repealed by Chapters 19106 and 19170, Acts of 1939. We must hold, however, that the Act was void ab initio as a general law because the classification embraced in the Act has no reasonable relation to the subject matter.

There is no foundation in reason for the legislature to require the...