State Ex Rel. Landis v. County Bd. of Public Instruction of Hillsborough County

• Decision Date: 14 April 1939
• Parties: STATE ex rel. LANDIS v. COUNTY BOARD OF PUBLIC INSTRUCTION OF HILLSBOROUGH COUNTY et al.
• Court: Florida Supreme Court

188 So. 88

137 Fla. 244

STATE ex rel. LANDIS v. COUNTY BOARD OF PUBLIC INSTRUCTION OF HILLSBOROUGH COUNTY et al.

Florida Supreme Court

April 14, 1939

Rehearing Denied May 19, 1939.

Original proceeding in quo warranto by the State of Florida, on the relation of Cary D. Landis, against the County Board of Public Instruction of Hillsborough County, Florida, and others, to test the legality of a special tax school district election. On motion to strike returns and on demurrer to the returns.

Decree in accordance with opinion.

COUNSEL George Couper Gibbs, Atty. Gen., J. Compton French, Asst. Atty. Gen., and J. Tom Watson and Edwin R Dickenson, both of Tampa, for relator.

Wm. E Thompson, Whitaker, Whitaker & Terrell, and Karl E. Whitaker all of Tampa, for respondents.

OPINION

BUFORD Justice.

This is an original proceeding in Quo Warranto to test the legality of a Special Tax School District election held to elect Trustees and fix millage. It is before us on motion to strike returns and on demurrer to the returns filed by the respondents.

The information is bottomed on the allegations charging in effect that the provisions of Chapter 16013, Acts 1933, in regard to qualifications of electors entitled to vote in such election were disregarded and that the election officials were directed to allow persons to vote in such election who were not qualified to vote under the provisions of that Act, which is

'An Act Relating to Qualifications of Voters in Special Tax School District Elections Held in the State of Florida.

'Be It Enacted by the Legislature of the State of Florida:

'Section 1. That all voters residing within any special tax school district in the State of Florida, who paid a tax on real or personal property and voted in the General Election next preceding the date of holding any election pertaining to such Special Tax School District, shall hereafter be entitled to vote in such last mentioned election.

'Section 2. All laws and parts of laws in conflict herewith are hereby specifically repealed.

'Section 3. This Act shall take effect upon its becoming a law.

'Approved May 3, 1933.'

Section 1 of Article 6 of our Constitution provides: 'Section 1. Every male person of the age of twenty-one years and upwards that shall, at the time of registration, be a citizen of the United States, and that shall have resided and had his habitation, domicile, home and place of permanent abode in Florida for one year and in the county for six months, shall in such county be deemed a qualified elector at all elections under this Constitution. Naturalized citizens of the United States at the time of and before registration shall produce to the registration officers his certificate of naturalization or a duly certified copy thereof. (Amended, Joint Resolution 2, Acts 1893; adopted at general election, 1894.)'

Section 10 of Article 12 of the Constitution provides: 'Section 10. The Legislature may provide for the division of any county or counties into convenient school districts; and for the election biennially of three school trustees, who shall hold their office for two years, and...