State Ex Rel. Mayo v. Lee
| Decision Date | 06 October 1937 |
| Citation | 177 So. 876,130 Fla. 214 |
| Court | Florida Supreme Court |
| Parties | STATE ex rel. MAYO et al. v. LEE, State Comptroller (Calhoun County Case). STATE ex rel. PHILLIPS et al. v. LEE, State Comptroller (Liberty County Case). |
En Banc.
Original mandamus proceeding by the State of Florida, on the relation of J. R. Mayo, as Chairman, and others as members of and constituting the Board of County Commissioners of Calhoun County, Fla., and by the State of Florida, on the relation of F. C. Phillips, as Chairman, and others, as members of and constituting the Board of County Commissioners of Liberty County, Fla., against J. M. Lee, as Comptroller of the State of Florida, and Secretary of the State Board of Administration of the State of Florida.
Motion to quash alternative writ of mandamus denied, the court being equally divided.
Marion B. Knight and John D. Trammell, both of Blountstown, and Robert W. Robertson, of Bristol, for relators.
COUNSEL J. Velma Keen, of Tallahassee, and A. Frank O'Kelley, Jr., of Perry, for respondent.
Pleus Williams & Pleus, of Orlando, amici curiae.
These are companion cases to State of Florida ex rel. O. J Harrell et al., as Board of County Commissioners of Washington County v. Fred P. Cone, J. M. Lee and W. V. Knott et al., as State Board of Administration (Fla.) 177 So 854, decided this date. The factual situation is no different, except that a different basis of classification is attempted. Chapter 17042, Acts 1935, applies to counties of not less than 8,300 and not more than 8,400, and chapter 17034, Acts 1935, applies to counties of not less than 3,850 and not more than 3,900. Both acts divert the funds accruing to Calhoun and Liberty counties under chapter 15659, Acts 1931 (Ex.Sess.), to the County Road and Bridge Fund for construction within the county of state roads which have been designated by law as being part of the first, second, or third preferential system of state roads.
It is contended that both acts are violative of section 21 of article 3 of the Constitution because they are local or special laws, and notice of intention to apply therefor was not given.
It is apparently admitted that proof of publication was not given. Under all our decisions on this point, any act based on such a narrow margin of classification would be held invalid for lack of any reasonable or just basis to support it.
Constitutional validity, however, as we have frequently said, is determined by practical operation and effect on the subject affected. Considered from this standpoint, the ground of classification is so narrow that no county but Calhoun is embraced in chapter 17042 and no county but Liberty is embraced in chapter 17034. In other respects, these acts operate on and affect Calhoun and Liberty counties in the same manner that chapter 17967, Acts 1937, which was upheld in the companion case of State of Florida ex rel. O. J. Harrell et al., as Board of County Commissioners of Washington County v. Fred P Cone, J. M. Lee, W. V. Knott, et al., as State Board of Administration, decided this date, affects Washington county. There is no difference whatever in the operation and effect of the acts. In chapter 17967, the county affected (Washington) was named, while in the instant case, the county affected (Calhoun) was as definitely designated by the attempted classification. The act involved in the instant case more...
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