Steen v. Board of Public Instruction of Palm Beach County

• Decision Date: 30 June 1920
• Citation: 85 So. 684,80 Fla. 146
• Parties: STEEN v. BOARD OF PUBLIC INSTRUCTION OF PALM BEACH COUNTY et al.
• Court: Florida Supreme Court

85 So. 684

80 Fla. 146

STEEN v. BOARD OF PUBLIC INSTRUCTION OF PALM BEACH COUNTY et al.

Florida Supreme Court

June 30, 1920

Appeal from Circuit Court, Palm Beach County; E. B. Donnell, Judge.

Suit by B. L. Steen, taxpayer residing in special tax school district No. 1, against the Board of Public Instruction of Palm Beach County and another, to contest the validity of a bond issue. Decree for defendants, and petitioner appeals. Affirmed.

Syllabus by the Court

SYLLABUS

On an application for a bond issue under the provisions of section 2, chapter 6542, Acts 1913 (Comp. Laws 1914, s 416bb), the county board of public instruction has discretionary power to determine the amount of bonds required for the purposes set forth in the petition.

If no appeal is taken from a decree validating and confirming a school bond issue within 20 days from the rendition of the decree, such decree is forever conclusive of the validity of the bond.

An order of the chancellor, vacating a decree of confirmation and validation of a school bond issue, entered more than 20 days after the rendition of the validating decree, is void.

COUNSEL A. C. Adams, of West Plam Beach, for appellant.

Metcalf & Blackwell, of West Plam Beach, for appellees.

OPINION

BROWNE C.J.

This is an appeal from a decree validating a bond issue of special tax school district No. 1 of Palm Beach county.

The assignment of errors of the appellant, and cross-assignment of appellees raise the questions (1) of the power of the circuit judge, on the application of a resident taxpayer and freeholder, to vacate and set aside a decree validating the bond issue after the lapse of more than 20 days from the entry of the decree validating the bond issue; and (2) the right of the board of public instruction to call an election to vote on a bond issue of $125,000 upon a petition duly signed and presented for a bond issue of $100,000.

1. Upon the presentation of the petition, the board of public instruction determined by resolution that $125,000 of bonds was required for the purposes set forth in the petition. Section 2, chapter 6542, Acts of the Legislature, 1913 (Comp Laws 1914, § 416bb), provides in part:

'The county board of public instruction shall determine by resolution to be entered in its records what amount of bonds is required for the purposes set forth in said petition.'

It is contended by the appellants that the action of the board in determining that $125,000 was required for the purposes set forth in the petition was null and void, because the only authority of the board in the matters was to issue the exact amount of bonds asked for. There is nothing in the statute to warrant that conclusion. The law imposes upon the board of public instruction the duty to determine 'what amount of bonds is required for the purposes set forth in said petition.' If the board were bound by the amount named in the petition there would be nothing for it to 'determine,' as that would have been determined by the petitioners, and there would be nothing left for the board to do but to issue the call for such an amount. This would make the board the mere recording clerk of the petitioners.

The provision of the law vesting in the board of public instruction the power and authority to determine what amount of bonds would be required is a very reasonable one. The residents of a special school tax district may petition the board to issue bonds 'for the purpose of acquiring, building, enlarging, furnishing, or otherwise improving school buildings, or school grounds or for any other exclusive use of the public free schools within any such special tax school district.' Section 1, c. 6542, Acts 1913 (Comp. Laws 1914, § 416b).

It is not likely that each signer of the petition would have the facilities for...