State v. Board of Public Instruction of Duval County

• Decision Date: 25 June 1929
• Citation: 98 Fla. 66,123 So. 540
• Parties: STATE ex rel. DOUGLASS v. BOARD OF PUBLIC INSTRUCTION OF DUVAL COUNTY et al.
• Court: Florida Supreme Court

123 So. 540

98 Fla. 66

STATE ex rel. DOUGLASS v. BOARD OF PUBLIC INSTRUCTION OF DUVAL COUNTY et al.

Florida Supreme Court

June 25, 1929

En Banc.

Original mandamus by the State, on the relation of W. P. Douglass against the Board of Public Instruction for Duval County and others.

Writ dismissed.

Syllabus by the Court

SYLLABUS

Law authorizing county board to appoint and remove attendance officers and fix compensation violated constitutional provision for election of officers (Comp. Gen. Laws 1927, § 688 et seq.; Const. 1885, art. 3, § 27). Acts 1919, c. 7808 as amended by Acts 1923, c. 9135 (Comp. Gen. Laws 1927, § 688 et seq.), purporting to authorize the county board of public instruction to appoint and remove attendance officers and to fix their compensation to be paid from the county school fund, held in conflict with Const. 1885, art. 3, § 27 requiring Legislature to provide for election by the people or appointment by the Governor of all state and county officers not otherwise provided for by Constitution, and to fix by law their duties and compensation.

Law authorizing county board to appoint and remove attendance officers violated constitutional provision empowering state board to remove subordinate officers (Comp. Gen. Laws 1927, § 688 et seq.; Const. 1885, art. 12, § 3). Acts 1919, c. 7808 as amended by Acts 1923, c. 9135 (Comp. Gen. Laws 1927, § 688 et seq.), purporting to authorize county board of public instruction to appoint and remove attendance officers and to fix their compensation, held in conflict with Const. 1885, art. 12, § 3, empowering state board of education to remove any subordinate school officer for cause, on notice to incumbent.

Appointment of attendance officers by county board under invalid law does not give appointees status making them removable as subordinate officers (Comp. Gen. Laws 1927, § 688 et seq.; Const. 1885, art. 12, § 3). Appointment of school attendance officers by county board of education pursuant to Acts 1919, c. 7808, as amended by Acts 1923, c. 9135 (Comp. Gen. Laws 1927, § 688 et seq.), is ineffectual to give appointees status as officers, so as to make them removable as subordinate school officers by the state board of education, under Const. 1885, art. 12, § 3, in that the provisions for appointment of officers and fixing of their compensation were violative of organic law and inoperative.

Legislature is not authorized to confer on county board of public instruction power to appoint elective officers (Const. 1885, art. 12, §§ 9, 15; art. 3, § 27). Authority of county board of public instruction, under Const. 1885, art. 12, §§ 9, 15, to disburse county school fund solely for support and maintenance of public free schools, does not authorize the Legislature to confer on such board the power to appoint persons to exercise functions that may be performed only by officers elected by the people or appointed by the Governor in accordance with article 3, § 27.

Defect in titles was not cured by re-enactment in general revision which was not enacted as entire revision (Laws 1919, c. 7808; Laws 1923, c. 9135). Defects in titles of Laws 1919, c. 7808, and Laws 1923, c. 9135, were not cured by re-enactment in general revision of laws, which was not enacted as an entire revision of general laws of state.

COUNSEL

Thomas B. Adams and Martin H. Long, both of Jacksonville, for relator.

James Royall and W. J. Findley, both of Jacksonville, for respondents.

An alternative writ of mandamus issued by this court alleges in effect that under chapter 7808, Acts of 1919, as amended by chapter 9135, Acts of 1923 (section 688, Compiled General Laws 1927), on or about July 1, 1928, 'the relator was duly and lawfully appointed as attendance officer of the board of public instruction for the county of Duval, state of Florida, for the period of one year, beginning July 1 1928'; 'that relator accepted said appointment and employment by said board, and thereupon entered upon the performance of his duties as such attendance officer; that on the 21st day of January, A. D. 1929, the said board of public instruction, by the affirmative votes of said W. F. Bunch and J. C. Coppedge, Sr., arbitrarily, without cause, and without advising or informing the relator that he had in any way neglected or failed to perform his duties as such attendance officer, under the laws of the state of Florida, as aforesaid, and without preferring any charges against him and without notice, summarily dismissed and discharged him from the employment or office as aforesaid, and appointed other persons to do the work for which the relator had been appointed as aforesaid; that no salaries have been paid to the said new appointees; that the relator, W. P. Douglass, at all times since his dismissal as aforesaid, has been, and still is, ready, able, and willing to perform, and has offered to perform, each and all of the duties pertaining to his said appointment and employment and office, but that the said respondents W. F. Bunch and J. C. Coppedge, Sr., and the said board of public instruction, acting by and through its said two members, as aforesaid, has declined and refused to reinstate the relator in his position or to permit him to perform the duties appertaining thereto; that relator's salary was payable semimonthly in accordance with the regular custom of the board of public instruction for the county of Duval; that since the semimonthly payment of $162.50, which became due and was paid to relator, W. P. Douglass, on January 15, 1929, respondent W. F. Bunch, as chairman of said board, has refused to prepare or sign, as chairman of said board, any further salary warrants in favor of the relator, W. P. Douglass, on account of salary to which he is entitled under the terms of his appointment and contract as aforesaid, and the said board of public instruction, acting by and through its members, as aforesaid, have refused to recognize the relator, W. P. Douglass, as being any longer the attendance officer, or in the employ of the said board, or entitled to receive the semimonthly payment on account of his salary as aforesaid; that respondent W. Henry Bryant was on or about the 21st day of January, 1929, after discharge of relator, as aforesaid, appointed and employed by said board of public instruction as attendance officer for Duval county, Florida; that the said W. Henry Bryant, since said date has been in possession of the keys, books, records, fixtures, etc., appertaining to said office or position; that no salary has been paid to the said W. Henry Bryant as such attendance officer, although said W. F. Bunch and J. C. Coppedge, Sr., majority members of said board have voted to pay the same; that R. B. Rutherford, county superintendent, has refused to sign any warrant for compensation or salary to the said W. Henry Bryant.'

The command of the writ is that the county board of public instruction 'forthwith restore the relator, W. P. Douglass, to the office, position, and employment of attendance officer for the board of public instruction for the county of Duval, state of Florida, and permit him to perform all the duties pertaining to said office, position, and employment, and that you, W. F. Bunch, as chairman of said board, do forthwith prepare four warrants in favor of said W. P. Douglass, each in the sum of one hundred sixty-two and 50/100 ($162.50) dollars, drawn upon a depository of said board in the city of Jacksonville, Florida, where said board has sufficient funds in its salary account to pay said warrants, and that upon the preparation of said warrants that you, W. F. Bunch, sign the same as chairman of said board, and thereupon forthwith deliver said warrants to R. B. Rutherford, superintendent of public instruction of said county, and secretary of said board, for his countersignature, and the affixing of the seal of said board to said warrants; that you, W. Henry Bryant, forthwith deliver to the relator, W. P. Douglass, the keys, books, records, fixtures, etc., appertaining to the office and position of attendance officer of Duval county, Florida; or in default in performing the acts aforesaid you severally do show cause why you have not done so.' The alternative writ was demurred to.

The statute contains the following provisions:

'The county board of public instruction in each county is hereby authorized and directed to appoint one or more attendance officers, as may be necessary for the faithful execution of the provisions of this article, and to prescribe the district or territory to be under the supervision of said attendance officer or officers, and to fix the compensation of said attendance officer or officers for the time actually employed in the performance of duties, said compensation to be paid from the county school fund. And if deemed advisable by the county board of public instruction, any supervisor or trustee of schools within the county, or any county superintendent of public instruction who gives his consent to the said county board of public instruction to serve as an attendance officer without compensation, may be appointed as attendance officer or attendance officers. The county board of public instruction is hereby authorized to remove any attendance officer who fails to perform his duties as prescribed in this aricle.

'During the month of June in each and every year, it shall be the duty of every attendance officer appointed under the provisions of this article to take an accurate census, in triplicate, of all children between the ages of seven and eighteen years in the territory or district in which he is acting; the said census to show the name, sex, age and date of birth, and distrance from the nearest school, of each child, the school grade completed, and the name

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