State v. Shepard

• Decision Date: 14 August 1922
• Citation: 84 Fla. 206,93 So. 667
• Parties: STATE ex rel. BUFORD, Atty. Gen. v. SHEPARD, Clerk of Circuit Court.
• Court: Florida Supreme Court

93 So. 667

84 Fla. 206

STATE ex rel. BUFORD, Atty. Gen. v. SHEPARD, Clerk of Circuit Court.

Florida Supreme Court

August 14, 1922

Rehearing Denied Oct. 24, 1922.

Original proceeding by the State on the relation of Rivers H. Buford Attorney General, for a writ of mandamus against Ben Shepard as clerk of the Circuit Court of Dade county.

Peremptory writ awarded.

Syllabus by the Court

SYLLABUS

Generality and uniformity of operation do not forbid reasonable classifications, legality depending on nature and subject of operation. In providing that 'the Legislature shall not pass special or local laws' in any of the 'enumerated cases' among which 'cases' is 'regulating the fees of officers of the state and county,' and that in all such cases all laws 'shall be general and of uniform operation throughout the state' the Constitution distinguishes between 'special or local laws,' and laws that 'shall be general and of uniform operation throughout the state' without defining either class of laws; but generality and uniformity of operation do not forbid reasonable classifications, and the legality of a legislative classification depends upon its reasonableness with reference to the nature of the subject upon which the law is to operate.

Classification may be reasonable as to one and arbitrary as to another subject, or one classification reasonable and the other arbitrary. A classification may be reasonable and practicable as applied to one subject, and yet be arbitrary, unjust, and impracticable as applied to another subject of legislation. Likewise one classification of a subject may be arbitrary while another classification may be reasonable, practical and properly predicated on the subject.

Arbitrary classification does not affect organic rule requiring generality and uniformity of operation. If a classification is arbitrary and without a fair basis in the subject and object of the legislation, it is not permitted as a classification to affect the organic rule requiring generality and uniformity of operation throughout the state.

In prescribing compensation for county officers from uniform fees collected, classification may be based on total receipts with reference to amount of business done. In prescribing compensation for county officers from fees collected by them classifications may be based on the total receipts, having reference to the amount of business done in a county, the fees collected being uniform. Such classification is manifestly just, reasonable, and practical in view of the subject. The fees to be collected are uniform throughout the state wherever such classification exists.

One cannot contest validity of legislative classification to which he does not belong, unless invalidating his classification. One cannot contest the validity of a legislative classification to which he does not beiong unless it invalidates the classification he is in.

Though provisos of law fixing compensation of county officers on fee basis invalid because arbitrary classification, other portions valid and enforceable. If the provisos in section 1 of chapter 8497 are invalid because based on an arbitrary and unreasonable classification, the other portions of the act are valid and may be enforced.

COUNSEL

Rivers Buford, Atty. Gen., for relator.

James F. Glen, of Tampa, Bart A. Riley and Atkinson, Evans & Mershon, all of Miami, for respondent.

OPINION

WHITFIELD J.

The following alternative writ of mandamus was issued by this court:

'In the Name of the State of Florida--To Ben Shepard, as Clerk of the Circuit Court of Dade County, Florida:

'Whereas, it appears from the petition of Rivers H. Buford, as Attorney General of the state of Florida, filed in this court, as follows:

'That Ben Shepard on the 1st day of January, 1922, was and at all times since has been and now is clerk of the circuit court of Dade county, Florida.

'That the net income of the said Ben Shepard as clerk of the circuit court of Dade county, Florida, during the quarterly period between January 1, 1922, and March 31, 1922, exceeded the sum of $5,000 and the said Ben Shepard as such clerk of the circuit court of Dade county, Florida, will have a further net income during each quarterly period of the year 1922, and on the 31st day of March, 1922, it appeared and now appears that the net income of the said Ben Shepard as clerk of the circuit court of Dade county, Florida, will exceed the sum of $5,000 for the said year 1922.

'That the said Ben Shepard as clerk of the circuit court of Dade county, Florida, did not render to the board of county commissioners of Dade county, Florida, at the expiration of the quarterly period ending March 31, 1922, a sworn statement, or any statement, showing in detail the expenses of his office, the fees and commissions collected, and the gross and net income thereof, and has not filed such statement with the said board of county commissioners of Dade county, Florida, as provided by chapter 8497, Acts of 1921, and the said Ben Shepard as clerk of the circuit court of Dade county, Florida, has declined and refused to render or file such statement, or any statement, with the said board of county commissioners of Dade county, Florida, claiming that the said chapter 8497, Acts of 1921, is unconstitutional, null and void, and that he is under no duty by virtue of the said act of the Legislature to render or file such statement:

'Now, therefore, we, willing that full and speedy justice be done in the premises, do hereby command you, Ben Shepard, as clerk of the circuit court of Dade county, Florida, that you do forthwith render to the board of county commissioners of Dade county, Florida, a sworn statement showing in detail the expenses of your office, the fees and commissions collected, and the gross and net income thereof for the quarterly period between January 1, 1922, and March 31, 1922, or show cause before this honorable court why you do not do so on the 24th day of June, 1922, at 10 o'clock a. m. on the said day.

'Witness the Honorable Jefferson B. Browne, Chief Justice of the Supreme Court of Florida, at Tallahassee, and the seal of the said court, on this the 12th day of June, 1922.

'[Seal.] G. T. Whitfield,

'Clerk of the Supreme Court of Florida.'

The return to the alternative writ is as follows:

'Now comes the respondent, Ben Shepard, clerk of the circuit court of Dade county, Florida, and for a return to the alternative writ of mandamus issued and served upon him in the above styled cause, says:

'First. This respondent admits that on January 1, 1922, he was, and at all times since has been and now is clerk of the circuit court of Dade county, Florida, and that his net income as such clerk during the quarterly period between January 1, 1922, and March 31, 1922, exceeded the sum of five thousand dollars ($5,000.00), and that he, as such clerk, will have a further net income during each quarterly period of the year 1922, and that on the 31st day of March, 1922, it appears and now appears that his net income as such clerk will exceed five thousand dollars ($5,000.00) for the year 1922.

'Second. This respondent admits that he did not render to the board of county commissioners of Dade county, Florida, at the expiration of the quarterly period ending March 31, 1922, a sworn statement or any statement showing in detail the expenses of his office, the fees and commissions collected, and the gross and net income thereof, and that he has not filed such statement with the said board of county commissioners of Dade county, Florida, as provided by chapter 8497, Acts of 1921, and that he has declined and refused to render or file such statement or any statement with the said board of county commissioners on the ground that said chapter 8497, Acts of 1921, is unconstitutional, null, and void, and that he is under no duty by virtue of the said act to render or file such statement.

'Third. This respondent avers that his gross and net income as clerk of the circuit court of Dade county, Florida, for the year 1921 respectively $56,928.36 and $24,887.99; and that the gross and net income respectively of the clerk of the circuit court of Duval county, Florida, which is the only county in the state of Florida having a population in excess of one hundred thousand, for the year 1921, were $36,665.10, and $11,096.97, as shown by the official sworn report made to the comptroller of the state of Florida for the year 1921, and that the volume of services performed by this respondent during the year 1921, greatly exceeded the volume of service performed by the clerk of the circuit court of Duval county, Florida, for the year 1921, and the volume of service of this respondent for the year 1922 and subsequent years will greatly exceed the volume of service performed by the clerk of the circuit court of Duval county.

'Fourth. And this respondent moves to quash the said alternative writ of mandamus on the following grounds:

'(1) On the ground that the said chapter 8497, Acts of 1921, is unconstitutional, null, and void on the ground that the same is in violation of the provisions of section 20 and 21 of article 3 of the Constitution of Florida.

'(2) That said chapter 8497 of Acts of 1921 is in violation of the provisions of section 27, art. 3 of the Constitution of Florida.

'(3) That said chapter 8497 of Acts of 1921 is in violation of the provisions of section 6, art. 8 of the Constitution of Florida.

'(4) That said chapter 8497 is unjust, unreasonable, arbitrary, and discriminatory, and is otherwise in violation of the Constitution of the state of Florida.

'(5) That said chapter 8497 is in violation of the provisions of article 2 of the Constitution of the state of Florida, in that it...