State v. Crawford

• Decision Date: 15 March 1932
• Citation: 140 So. 333,104 Fla. 440
• Parties: The STATE of Florida, ex rel., LANDIS, Atty. Gen. v. CRAWFORD, Mayor, et al.
• Court: Florida Supreme Court

140 So. 333

104 Fla. 440

The STATE of Florida, ex rel., LANDIS, Atty. Gen. v. CRAWFORD, Mayor, et al.

Florida Supreme Court

March 15, 1932

En Banc.

Certiorari to Circuit Court, Highlands County; W. J. Barker, Judge.

Certiorari on petition of Harry Austin to review judgment for relator in quo warranto proceedings, brought by the State, on relation of Cary D. Landis, Attorney General, against W. B. Crawford as Mayor, and others.

Judgment quashed.

BROWN J., dissenting.

COUNSEL E. J. L. Engle and J. W. Shands, both of Jacksonville, and Cary D. Landis, Atty. Gen., for relators.

M. R McDonald, of Sebring, for respondents.

W. D Bell, of Arcadia, as amicus curiae.

OPINION

WHITFIELD P.J.

A petition for a writ of certiorari presented by a resident of the state of Ohio alleges that in 1931 he purchased for value, and without notice of any defenses thereto, a thousand dollar bond of the city of Sebring, issued under chapter 14371, Sp. Laws of Florida, 1929, entitled:

'An act to Constitute, Organize and Establish a Municipality to Be Known and Designated as the 'City of Sebring,' in the County of Highlands and the State of Florida, and to Define Its Territorial Boundaries and to Provide for Its Jurisdiction, Powers, Privileges, and to Validate All Obligations, Contracts, Debts, Bonds, Ordinances, Assessments and Levies, and to Repeal Chapter 11158, Laws of Florida, Acts of 1925, and All Other Laws or Parts of Laws in Any Way in Conflict With This Act Insofar as They Affect the Same But No Further.'

Sections 1 and 92 of the act provide:

'That the present Charter of the City of Sebring, in the County of Highlands and State of Florida, known and designated as Chapter 11158 Laws of Florida, Acts of 1925, is hereby amended so as to read as hereinafter set forth.' Section 1, chapter 14371, Sp. Acts 1929.

'That all laws, or parts of laws, in conflict herewith are hereby repealed.' Section 92, chapter 14371, Sp. Acts 1929.

Section 93 of the act provides that 'this Act shall take effect upon its ratification by a majority of the qualified electors of the City of Sebring, Florida, voting at an election to be held in said City * * * on Tuesday, 11th day of June 1929,' notice to be published in said city in one newspaper issue 'prior to said election day,' and that, if the act shall be ratified by the affirmative votes of a majority of the qualified electors participating in the election, the result of the canvass of the vote should be recorded in the minute book of the city council, and also shall be certified by the city council to the Governor of the state of Florida, who shall issue and file in the office of the secretary of state 'a proclamation declaring that this act has been legally ratified and become a part of the laws of the State of Florida and from and after the date of said proclamation same shall be conclusive evidence of the fact that this law has been legally ratified and is in full force and effect.'

It is alleged that at an election held pursuant to the act a majority of the qualified electors of the city of Sebring, Fla., voted in favor of ratifying chapter 14371, 'and thereafter the result of said election was duly canvassed and forwarded to the Governor of the State of Florida, whereupon, on the 25th day of July, A. D. 1929, the Governor of the State of Florida duly proclaimed that said Chapter 14371 had been duly ratified as required by said Act and filed said proclamation with the Secretary of State of the State of Florida.'

That thereafter, pursuant to the provisions of chapter 14371, the city of Sebring, Fla., made, executed, sold, and delivered its negotiable bonds aggregating $121,000; that each bond recited as follows:

'This bond is one of a series issued by the City Council of said City pursuant to the provisions of Chapter 14371 of the Acts of the Legislature of Florida, Regular Session 1929, and laws supplemental thereto, and in conformity with resolutions of said City Council duly passed and approved, for the purpose of refunding a like amount of the valid, legal and binding bonded debt of said City, for the payment of which the credit of said City has been pledged.

'And it is hereby certified and recited that all acts, conditions and things required by the Constitution and laws of the State of Florida to be done precedent to and in the issuance of this bond and precedent to and in the incurring of the indebtedness hereby refunded, were and have been properly had, done and performed in regular and due form and in time as required by law; that the indebtedness hereby refunded was a valid, subsisting and legal obligation of said City; that adequate provision has been made for the levy annually of a tax on all the taxable property in said City sufficient to pay the interest and a sinking fund to pay the principal of this bond and the series of which it is a part, as the same will respectively become due, and that the total indebtedness of said City, including this bond, does not now, and did not at the time of incurring the indebtedness hereby refunded, including said indebtedness, exceed any constitutional or statutory limitations.'

That said bonds were validated by the circuit court and a certificate to that effect was duly indorsed upon each of said bonds. That taxes were levied for the years 1929 and 1930 and appropriated to the payment of interest on said bonds. That interest coupons on said bonds are past due and unpaid. That in March, 1931, an information in the nature of quo warranto was filed in the name of the state of Florida upon the relation of the Attorney General of said state against the individuals who are the mayor and other officers of said city of Sebring 'in the aggregate acting...