Galloway v. Town of Tavares

Citations

• 37 Fla. 58

Syllabus

<p>1. The general statutes of this State upon the subject of municipal corporations, in force in 1890, gave no express authority to cities and towns to require resident able bodied'male citizens to labor upon the streets and highways thereof.</p> <p>2. The ordinance of the town of Tavares, providing that all able. bodied male residents thereof should be subject to work upon the streets and highways of said town for six days in each year, does not impose a tax in the sense that such word is used in our Constitution and statutes regulating the power of taxation and the levy, assessment and collection of taxes; neither does such ordinance impose a poll or capitation tax.</p> <p>3. While the ordinance mentioned in the preceding head-note does not impose a tax within the meaning of the word as therein mentioned, it is still the imposition of a burthen upon the people in the nature of a tax, and the town of Tavares had no-legislative authority to pass such an ordinance.</p> <p>4. The statute (sec. 19, p. 249 McClellan’s Digest) which provides that the city and town council shall have power to regulate and control the grading, construction and repairs of all streets, pavements and sidewalks, should not be construed as giving authority to pass the ordinance referred to in preceding headnote, because two different statutes in this State expressly giving such authority have been at different times repealed by the Legislature, thus indicating a legislative policy unfavorable to the grant of such power.</p> <p>5. Municipal corporations are the creatures of legislation. They have no other power than that granted by the Legislature. Any fair, reasonable doubt of the existence of the power is resolved against the corporation, and the power is denied.</p>