County Commissioners v. City of Jacksonville

Citations

• 36 Fla. 196

Syllabus

<p>1. Under section 5 of Article IX of the Constitution, the Legislature can not authorize counties to levy taxes for any other than county purposes; nor can counties be authorized to devote money so raised to any other than such purposes.</p> <p>2. The authorities have formulated no generally accepted definition of a county purpose, but leave each case involving the question to be decided as it may arise.</p> <p>3. The Legislature exercises plenary control over public highways, whether they be public county roads or streets in cities and towns.</p> <p>4. If the courts entertain a well-founded or reasonable doubt as to the constitutionality of an act, it should, in deference to the-legislative judgment, be iipheld.</p> <p>5. The proviso to section 17 of Chapter 4014, laws of 1891, directing that one half of the amount of the special road tax authorized by the act to be levied by the County Commissioners and realized from the taxable property in incorporated cities and towns, to be turned over to the municipal authorities, to be used in repairing, working, improving and laying out the streets thereof, as may be prescribed by the ordinances of the said cities and towns, is not in conflict with section 5, Article IX, of the Constitution, as being adiverson of county revenues to other than county purposes.</p> <p>6. Neither is said proviso in conflict with section 16, Article III, of the Constitution, as not being expressed in the title of said Chapter 4014, laws of 1891.</p> <p>7. When a matter is so closely connected with the subject of the act-as to create a doubt whether it is not included within it, the-courts will not consider the question whether the legislative action upon it violates th.e constitutional prohibition relating to the titles of laws.</p> <p>8. A street is a public road or way in a city, town or -village. AH streets are highways, but all highways are not necessarily streets.</p> <p>9. It is not required that the title of an act should give a synopsi