State ex rel. Board of Public Instruction v. County Commissioners

Citations

• 28 Fla. 793

Syllabus

<p>1. The 14th paragraph of section 20 of the school law of June 8, 1889 (Chapter 8872 of the Statutes), which provides that the school boards shall prepare itemized estimates of the amount of money required for the maintenance of the necessary common schools and state the amount in mills on the dollar of the taxable property, and the tax levy act of June 9, 1891 (Chapter 4012), providing that the County Commissioners shall levy other county taxes, and a tax for county school purposes, such tax to he estimated by the school board and submitted to the Commissioners for their approval or disapproval, who shall have the power to increase or lower, within specified limits, the estimate so made, and the Both section of the general revenue law of June 10, 1891 (Chapter 4010), enacting that the Commissioners shall determine the amount to he raised for all county purposes, except school purposes, and enter upon tlieir minutes the rate to be levied for each fund respectively, and shall ascertain the aggregate rate necessary to cover all such taxes, including such rate as may have been levied by the school board, are in pari materi), and to be construed as one act, and the 35th section of the last named act does not deprive the Commissioners of xiower to lower the rate of taxation on taxable xM-VPerty estimated by the school board, where such reduction does not affect the amount of money fixed by such board as necessary for the schools, even if it xwevents any change of such amount — a p>oint not x»'esented by the record.</p> <p>3. A writ of mandamus will be denied where no violation of official duty is shown.</p>