Thomas v. State ex rel. Cobb

• Decision Date: 28 March 1952
• Court: Florida Supreme Court
• Parties: THOMAS v. STATE ex rel. COBB et al.

Page 173

58 So.2d 173

34 A.L.R.2d 140

THOMAS v. STATE ex rel. COBB et al.

Supreme Court of Florida, en Banc.

March 28, 1952.

Rehearing Denied April 30, 1952.

Keen, O'Kelley & Spitz, J. Velma Keen and Chas. H. Spitz, Tallahassee, for appellant.

Bedell & Bedell and Chester Bedell, Jacksonville, for appellees.

MATHEWS, Justice.

The relator is a citizen and resident of Duval County, Florida, and is now and has been for many years a qualified elector of Duval County. He is not illiterate, but graduated from the University of Georgia in 1929 with a degree of Bachelor of Science in Civil Engineering, and holds a degree of Master of Arts from the University of Florida awarded to him in 1941.

On February 1, 1952, the relator attempted to equalify as a candidate for the office of Superintendent of Public Instruction of Duval County and complied with all of the requirements of law to that end, except the payment of a filing fee which was refused by the respondent on the ground that relator did not also file a valid Florida Graduate Certificate as required by Section 230.25, F.S.A., which is a part of the School Code.

This appeal is from a final judgment in a mandamus proceeding holding invalid and ineffective the provisions of Section 230.25, F.S.A., and related sections which require candidates for this office to hold a valid Florida Graduate Teacher's Certificate.

The relator in the Court below urged that the provisions of Section 230.25, F.S.A upon which the Clerk's refusal was based and related sections are invalid and ineffective because:

'(1) The office of County Superintendent of Public Instruction is a constitutional office provided for by Article VIII, Section 6, of the Constitution of Florida and the Legislature is without power to prescribe educational qualifications, such as are attempted to be prescribed by Section 230.25 as a condition to election to that office.

'(2) Even if it should be assumed that the Legislature has power to prescribe reasonable educational qualifications as a condition to election to the office of County Superintendent of Public Instruction, the provisions of Section 230.25 and related sections of the Florida School Code constitute an unlawful delegation of legislative power to the State Department of Education and the State Board of Health.'

Other questions were raised which, from the conclusion we have reached, it will be unnecessary to consider.

The Circuit Judge in his order overruling the motion to quash said:

'Having heard the argument of counsel, examined the briefs and carefully considered all of the same, this Court is of the opinion that by the provisions of Section 230.25 Florida Statutes of 1951 [F.S.A.], and related sections, especially sections 231.17, 231.20, and 231.24, the Legislature clearly attempted and purported to delegate to the State Department of Education and the State Board of Health discretionary power to prescribe the academic, professional, physical and mental requirements necessary to render a person eligible to obtain a Florida graduate certificate, and to delegate to those bodies power to declare what the law should be as to the qualifications of candidates for and holders of the office of Superintendent of Public Instruction, and to delegate to said bodies the power to enact laws in this regard, which powers are vested in the Legislature alone by the Constitution. Therefore, the Court is constrained to hold, 'and does now hold, that the provisions of said Section 230.25 and related sections, upon which the Respondent Clerk's refusal to accept relator's qualifications as a candidate is based, are invalid and ineffective.''

The respondents declined to answer and thereupon a final judgment awarding peremptory writ of mandamus was entered. This appeal is prosecuted from that final judgment.

We are confronted with important Constitutional questions. The Constitution is the charter of our liberties. It cannot be changed, modified or amended by legislative or judicial fiat. It provides within itself the only method for its amendment. It requires the affirmative vote of a prescribed percentage of the membership of each branch of the Legislature, and then a submission to the qualified electors of the state before an amendment can be effected.

We have presented to us another example where particular constitutional provisions have not been amended in the manner provided by the Constitution to keep pace with changing conditions in a progressive and growing state. We can only construe the Constitution as it is and not as we might like it to be. Every provision of it was inserted with a definite purpose and all sections and provisions of it must be construed together, that is, in pari materia, in order to determine its meaning, effect, restraints, and prohibitions. In the case of Amos v. Mathews, 99 Fla. 1, 126 So. 308, 316, the Court said:

'The purpose of the people in adopting the Constitution should be deduced from the Constitution as an entirety. Therefore, in construing and applying provisions of the Constitution, such provisions should be considered, not separately, but in co-ordination with all other provisions. Mugge v. Warnell [Lumber & Veneer] Co., 58 Fla. 318, 50 So. 645; Ex parte Pricha, 70 Fla. 265, 70 So. 406; Brown v. [City of] Lakeland, 61 Fla. 508, 54 So. 716.'

This case involves one important question and that is: Has the Legislature under our present Constitution the power to prescribe the qualifications for the constitutional office of County Superintendent of Public Instruction? This office is provided for by Section 6 of Article VIII and is not provided for in Article XII of the Constitution, F.S.A., which declares the public policy of the State with reference to the free public school system. Section 1 of Article XII provides: 'The Legislature shall provide for a uniform system of public free schools and shall provide for the liberal maintenance of the same.'

By no stretch of the imagination can it be said that Section 1 of Article XII above quoted authorizes the Legislature to prescribe the qualifications for the office of County Superintendent of Public Instruction.

Prior to the amendment of Section 9 of Article XII at the general election in 1926, Section 1 could not be given full force and effect as to the liberal maintenance of this 'uniform system of public free schools'. Prior to that time the Legislature was limited by the Constitution in making appropriations for the public schools to the one mill ad valorem tax levy, interest upon the sacred state school fund, and the proceeds from the capitation tax. In 1926 Section 9 was amended to as to authorize the Legislature in addition to the funds above mentioned to make other appropriations without limit or restriction. Prior to the adoption of this amendment the total appropriation by the state for the support of the uniform system of free public schools amounted to approximately one-half million dollars per year. Since that time rapid strides have been made in carrying out the constitutional mandate to provide for the liberal maintenance of this system. At the last session of the Legislature more than fifty million dollars per annum was appropriated from state funds to provide for free public schools and the liberal maintenance of the same. In addition to this state appropriation, more than fifty million dollars per annum is being provided by the counties and districts of the state from local taxes.

The free public school system required by the Constitution of Florida and the Constitutions of other states is the 'corner-stone of our civilization' and the very future of our form of government may well depend upon wholehearted support and liberal maintenance for that system.

It may be desirable to have certain educational, physical, mental, and moral qualifications definitely prescribed for those persons who desire to hold the office of County Superintendent of Public Instruction. Such qualifications very likely would increase the efficiency of the system. We must bear in mind, however, that County Superintendent of Public Instruction is not merely an employee. He is an officer, holding a constitutional office and if the qualifications for this office prescribed by the Legislature, or by some Board, as attempted to be authorized by the Legislature, conflict with the State Constitution, the Statutes, rules of regulations prescribing such qualifications must be declared to be invalid and ineffective as to such constitutional office.

Under our system and form of Government the Constitution makes ample provision for free elections and the qualifications of electors. Section 1 of Article VI, as limited by Section 4 of Article VI, prescribes the qualifications of electors, and this court, in State ex rel. Landis v. County Board of Public Instruction of Hillsborough County, 137 Fla. 244, 188 So. 88, and Riley v. Holmer, 100 Fla. 938, 131 So. 330, has held that the Legislature cannot place restrictions on the qualifications of electors that will prohibit those qualified under constitutional provisions to vote in elections authorized by the Constitution. The Legislature is powerless to enact legislation modifying qualifications for suffrage prescribed in the Constitution. As will be demonstrated hereafter, since our Constitution has declared for free elections each elector is entitled to cast his vote for any eligible person for any office provided by the Constitution free from any restraint not authorized by the Constitution itself. This is the very essence of our system and form of government and of free elections.

Section 2 of the Bill of Rights provides 'All political power is inherent in the people.'

The 10th amendment to the Constitution of the United States provides that all powers not delegated to the United States by this Constitution nor prohibited to it by this State, are reserved to the States respectively, or to the people.

Section 26 of Article III...