Tacker v. Board of Com'rs of Polk County

Decision Date28 October 1936
Citation170 So. 458,127 Fla. 248
PartiesTACKER v. BOARD OF COM'RS OF POLK COUNTY et al.
CourtFlorida Supreme Court

En Banc.

Suit by J. H. Tacker against the Board of Commissioners of Polk County and others. From the judgment, plaintiff appeals. On appellant's application for a constitutional writ of injunction in the nature of a supersedeas.

Constitutional writ of injunction granted. Appeal from Circuit Court, Polk County; H. C. Petteway, Judge.

COUNSEL

Johnson & Bosarge, of Bartow, R. E. Bradley, of Lake Wales, and Smith & Petteway, of Lakeland, for appellant.

M. D Wilson, of Bartow, for appellees.

OPINION

DAVIS Justice.

This is a controversy involving the proper interpretation of section 12-A of chapter 17257, Acts of 1935, commonly known as the referendum provision of the 1935 Slot Machine Act. The court below denied the injunction sought by appellant to restrain the appellees, County Commissioners of Polk County, from printing upon November 3, 1936, general election ballots the special question of recall of slot machine licensing provided to be voted upon under section 12-A, supra, in the event a petition of 20 per cent. of the 'qualified electors' of any county should so pray.

The case is now before this court upon appellant's application for a constitutional writ of injunction in the nature of a supersedeas to conserve this court's appellate jurisdiction in a case where injunctive relief, if proper to be granted at all, must be granted prior to the printing of the 1936 general election ballots if it is to be effective for the purposes of appellant's suit. See Anderson v. Tower Amusement Co., 118 Fla. 437, 159 So. 782 (4th headnote).

The submission to the electors of the question provided for by section 12-A of chapter 17257, Acts of 1935, is expressly provided to be a conditional submission, the condition being that an election can be had only upon the condition that a petition signed by 20 per cent. of the 'qualified electors' of the county is duly presented to the County Commissioners in time to have the proposition of same printed upon the ballots. Inasmuch as the result of the question if unlawfully submitted may adversely affect their statutory rights, citizens and taxpayers have an equitable standing to have enforced by injunction the observance of the statutory condition that is precedent to any legal right in the County Commissioners to call an election under section 12-A, supra. See Crawford v. Gilchrist, 64 Fla. 41, 59 So. 963 Ann.Cas.1914B, 916; Duval County v. Jennings, 121 Fla. 584, 164 So. 356.

From the transcript it appears that in Polk county there are 27,721 qualified electors on the registration books; that of this number only 4,945 [1] signed the petition under section 12-A of chapter 17257, supra, praying for a vote on the proposition of recalling slot machine licensing in Polk county. Twenty per cent. of the aggregate number of qualified electors of Polk county would be 5,545 registered electors, so the petition is short of the necessary twenty per cent. of the 'qualified electors' mentioned in said section.

Where a statute provides for specially calling an election, or for submitting a proposition to vote, upon...

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8 cases
  • Floridians against Exp. Gambling v. Flpf
    • United States
    • Florida District Court of Appeals
    • November 30, 2006
    ...authorities before the election. See Payne v. Hodgson, 34 Utah 269, 97 P. 132. It is possible that the opinion in Tacker v. Board of Com'rs. of Polk County, 126 Fla. 15, 127 Fla. 248, 170 So. 458, persuaded the lower court to its conclusion because there we said, in effect, that the filing ......
  • Holcombe v. Pierce
    • United States
    • Alabama Supreme Court
    • December 22, 1949
    ... ... Court, in Equity, of Mobile County, wherein that court held ... that Act No. 199 of the ... as registration and payment of poll taxes. Tacker v ... Board of Commissioners, 126 Fla. 15, 170 So. 458; ... ...
  • Floridians Against Expanded Gambling v. Floridians for a Level Playing Field, Case No. 1D05-0575 (Fla. App. 8/8/2006)
    • United States
    • Florida District Court of Appeals
    • August 8, 2006
    ...authorities before the election. See Payne v. Hodgson, 34 Utah 269, 97 P. 132. It is possible that the opinion in Tacker v. Board of Com'rs. of Polk County, 126 Fla. 15, 127 Fla. 248, 170 So. 458, persuaded the lower court to its conclusion because there we said, in effect, that the filing ......
  • Birmingham Gas Co. v. City of Bessemer
    • United States
    • Alabama Supreme Court
    • December 18, 1947
    ... ... O'clock P.M. a petition was filed with said Board of ... Commissioners which reads as follows: 'To the ... Hoxie v. Scott, 45 Neb. 199, 63 N.W ... 387; Tacker v. Board of Commissioners, 126 Fla. 15, ... 170 So. 458; uval County v. Jennings, 121 Fla. 584, ... 164 So. 356; Gill v. Wake ... ...
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