County Commissioners v. State

Citations

• 24 Fla. 263

Syllabus

<p>1. The general provision of section 4, of Article VIII, of the Constitution, declaring that “ the Legislature shall have no power to remove the county seat of any county, but shall provide by n-ener, law for such removal,” is a limitation upon the power of the Legislature, and the effect of the proviso thereto: “Provided, That in the formation of new counties the county seat may be temporarily established bylaw,” is to qualify such limitation, and reserve to the Legislature, when forming a new county, the power to establish for the same a temporary county seat-, which shall not be subject to such limitation, but shall be the county seat only until the permanent county seat shall be established, in the manner provided by the special act organizing the county.</p> <p>2. The grant of power to a Board of County Commissioners, or a majority of them, to locate the temporary county seat of a new county is not a delegation of the law making power, nor is it prohibited by the Constitution of this State in legislation organizing a new county.</p> <p>3. net approve 1 May 27, 1887, entitled “ an act to create and establish the county of Lake from portions of Sumer and Orange counties;” and providing for a location of a temporary county seat by the County Commissioners, or a majority of them, and also providing for sin oiecdun for the location of a “permanent county scat,” and that the piano obtaining a majority of all the votes cast shall be the county seat of said county, as provided by the general laws of this State, is not a delegation of the law making power nor a violation of the Constitution, in so far as the aet authorizes the temporary location of the, county seat; nor is the provision of the act for the location of the permanent county seat, within the limitation of septiou 4, of Article VIII, of the Constitution, upon special legislation, hot is excepted from sueh limitation by the proviso thereto.</p> <p>4. The removal of a county site is matter properly connected