State v. Gadsden County

• Decision Date: 19 March 1912
• Citation: 63 Fla. 620,58 So. 232
• Parties: STATE v. GADSDEN COUNTY.
• Court: Florida Supreme Court

58 So. 232

63 Fla. 620

STATE v. GADSDEN COUNTY.

Florida Supreme Court

March 19, 1912

Appeal from Circuit Court, Gadsden County; John W. Malone, Judge.

Petition by the Attorney General, in the name of the State, for the confirmation and validation of bonds of the county of Gadsden. From a judgment denying the petition and dismissing the suit, the State appeals. Reversed, with directions.

Syllabus by the Court

SYLLABUS

The state has a right to appeal from a decree denying and dismissing a petition to have county bonds validated in the proceedings authorized by chapter 6237, Acts 1911.

While statutes may be impliedly as well as expressly repealed, yet the enactment of a statute does not operate to repeal by implication prior statutes unless such is clearly the legislative intent.

An intent to repeal prior statutes or portions thereof may be made apparent when there is a positive and irreconcilable repugnancy between the provisions of a later enactment and those of prior existing statutes. But the mere fact that a later statute relates to matters covered in whole or in part by a prior statute does not cause a repeal of the older statute.

If two statutes may operate upon the same subject without positive inconsistency or repugnancy in their practical effect and consequences, they should each be given the effect designed for them, unless a contrary intent clearly appears.

Chapter 5698, Acts of 1907, relating to an annual tax levy by the counties for the purpose of erecting a courthouse, does not by implication repeal sections 769, 786, 787, and 798 of the General Statutes, which relate to the issue of county bonds for the purpose of erecting courthouses.

COUNSEL Park Trammell, Atty. Gen., and C. O. Andrews, of Tallahassee, for the state.

E. C Love, of Quincy, for appellee.

OPINION

WHITFIELD C.J.

Under the authority conferred by chapter 6237, Acts of 1911, the Attorney General filed in the name of the state in the circuit court for Gadsden county, a petition setting forth that an election was held in Gadsden county, Fla., on May 16 1911, under the laws of the state for the issuance of bonds for the purpose of erecting a courthouse in the county; that the election was in favor of the issue of bonds; that is is proposed to issue $60,000 of bonds to build a courthouse in said county, such bonds to be payable in 20 years from the date thereof and bear interest at the rate of 5 per cent. per annum payable annually, both principal and interest to be payable at Quincy, Fla.; that the clerk of the board of county commissioners of said county has certified that said election was held and notice served to that effect upon the Attorney General, the state attorney for the circuit being absent, on November 10, 1911; that said election resulted in a vote of 279 for and 126 against the bond issue that said election is prima facie in favor of the issuance of said bonds for said purpose, and praying that an order do issue to the proper officers of Gadsden county directing them to show cause why the issuance of said bonds should not be confirmed and validated by the court as provided by chapter 6237, Acts of 1911.

The county commissioners of Gadsden county by a sworn answer admitted the facts alleged in the petition. Transcripts from the records of the county commissioners relative to the action taken for the issue of the bonds were filed in evidence. The court found as follows:

That on September 16, 1910, the county commissioners adopted a resolution that it is necessary and expedient to erect a new courthouse in and for Gadsden county. That notice is given that at a regular meeting of the county commissioners for the county on November 7, 1910, the question of erecting a new courthouse will be acted on by said board of county commissioners. That this notice be published once each week for 30 days in the Gadsden County Times. That on November 7, 1910, at a regular meeting the said county commissioners adopted a resolution, as follows:

'Whereas, the present courthouse in said county is entirely inadequate for the purpose for which it was erected owing to the natural increase in population, there is a lack of accommodation for the various county officials, absence of proper vaults and storage room for the valuable records belonging to the county, and quarters are leased at the present time from private parties for the county officials: Therefore,

'Be it resolved, that the time has arrived in our opinion when a new courthouse should be erected in Gadsden county, and it is the sense of this board that the cost of said building fully furnished and equipped should not exceed the sum of sixty thousand dollars; therefore,

'Be is resolved, that this board invites architects and contractors to submit sketches of preliminary estimates for such building, that the board may at its convenience examine same and determine what plan to accept,' etc.

That at a regular meeting on April 3, 1911, the county commissioners adopted a resolution:

'That it is expedient and for the best interest of the county of Gadsden that county bonds be issued by the board of county commissioners of said county for the purpose of erecting a courthouse in said county.

'Second. That the amount of bonds required for such purpose is sixty thousand ($60,000.00) dollars, such bonds to be payable in twenty years from the date thereof, and to bear interest at the rate of five (5) per cent. per annum, payable annually, both principal and interest to be payable at Quincy, Florida.

'Third. That notice is hereby given that an election will be held by the legal voters of said county on the 16th day of May, A. D. 1911, at the several places where the last general election was held in said county to determine by the majority of the legal voters of said county voting at such election whether such bonds shall be issued by said board for said county. The form of the ballot for such election shall be 'For Bonds,' or 'Against Bonds,' and appointing inspectors and clerks to hold the election.'

That 'this resolution was published in the several newspapers printed in said county once each week for four consecutive weeks before the day appointed therein for said election, and afterwards, on the 16th day of May, A. D. 1911, the day appointed therefor, said election was held in pursuance of and in accordance with said resolution, at the several places where the last general election was held in said county, and was conducted, and the canvass of the votes certified to and returned, in the manner and within the time prescribed by law, and the said returns were delivered to the chairman and clerk of said board of county commissioners.'

And afterwards the said county commissioners, at a special meeting held at Quincy on the 22d day of May, A. D. 1911, canvassed the said returns of said election, and declared the result thereof, and caused the same to be recorded in their minutes in the words and figures following, to wit:

'At a special meeting of the board of county commissioners, held at Quincy on the 22d day of May, A. D. 1911, the following proceedings were had:

'The board then proceeded to publicly canvass the returns of the election held in Gadsden county on the 16th day of May, A. D. 1911, to determine whether or not bonds should be issued for said county for the erection of a courthouse, and, after canvassing such returns, the board declared the result of said election to be as follows, to wit:

'The total number of votes cast at said election was four hundred and five (405), of which number two hundred and seventy-nine (279) votes were cast for bonds, and one hundred and twenty-six (126) were cast against bonds, and that there was a majority of one hundred and fifty-three (153) votes cast at said election for bonds.'

Thereupon the members of said board made and signed the following certificate of the returns of said election:

'We, the undersigned, county commissioners of Gadsden county, Florida, do hereby certify that at a special meeting of said board, held at Quincy, Florida, May 22, A. D. 1911, we proceeded publicly to canvass the returns of an election duly called and held in Gadsden county, Florida, on the 16th day of May, A. D. 1911, to determine whether or not bonds should be issued by said county for the erection of a courthouse for said county, and that said returns so canvassed as aforesaid show there were cast at said election a total of four hundred and five (405) votes, and that there were cast for bonds two hundred and seventy-nine (279) votes, and that there were cast against bonds one hundred and twenty-six (126) votes.

'We further certify, that there was a majority of one hundred and fifty-three (153) votes cast for bonds at said election so held as aforesaid.'

That at a regular meeting of the board of county commissioners on October 2, 1911, the following resolutions were adopted:

'Whereas it is considered expedient for the best interest of the county of Gadsden that bonds to the amount of fifty-five...