Singletary v. State ex rel. Kauffman

69 So. 2d 794, 1954 Fla. LEXIS 1217
CourtSupreme Court of Florida
DecidedJanuary 22, 1954
StatusPublished
Cited by2 cases

This text of 69 So. 2d 794 (Singletary v. State ex rel. Kauffman) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Singletary v. State ex rel. Kauffman, 69 So. 2d 794, 1954 Fla. LEXIS 1217 (Fla. 1954).

Opinion

DREW, Justice.

On November 3, 1952, an alternative writ of mandamus was issued by the lower court commanding the County Commissioners of Lake County “to forthwith divide said Lake County, Florida, into five County Commissioners’ Districts, which districts shall be numbered 1 to 5, inclusive, and which shall be as nearly as possible equal in proportion to population” or show cause why they should not do so. On December 8, 1952 the County Commissioners filed their return to said writ in which they represented to the court that they had “heretofore failed to perform their duty as County Commissioners of Lake County, Florida”, as required by Section 5 of Article VIII of the Florida Constitution, F.S. A., in that they had not recently divided said county into five districts of nearly as possible equal population. But they further represented to the court that at their regular meeting on December 2, 1952, pursuant to the command of- the alternative writ they had considered the matter and had adopted a resolution whereby the county was “divided into five Commissioners’ Dis[796]*796tricts of as nearly equal as possible population.” A copy of the resolution was attached to and made a part of the return.

The relator, a voter, citizen and freeholder, moved for a peremptory writ notwithstanding the 'return, alleging, among other things, that the population .of the new County Commissioners’ Districts unreasonably varied from 10,700 in district one to 4,720 in district five. A hearing was had before the lower court and extensive evidence taken. On the basis of the evidence and pleadings before it the ■ lower court quashed the return of the County Commissioners. Pertinent portions of that order are f ■ ■

“1. The Court finds from the return of the respondents that the purported redistricting of County Commissioner Districts as required by the alternative writ heretofore issued, was accomplished by transferring certain areas of various Commissioners’ Districts to other districts. The evidence of the Commissioners who testified before this Court on hearing of relator’s motion, shows without doubt that the population figures assigned by the Board to each of the several districts which they made in their purported effort to redistrict the county, was pure guess work.
"2. In such redistricting, counsel for the County Commissioners admitted that in several instances, election district or precinct lines had been ignored. This Court holds that Section 124.04, Fla. Statutes, should be complied with unless necessity is shown for disregarding precinct lines. In other words, both the statutory requirement that district lines must follow precinct lines, and the constitutional requirement that the districts shall be of equal population as nearly as possible, shall be observed and obeyed, unless reasonable necessity to upset an election precinct is shown.
“3. This Court is now confronted with the proposition that while the remedy of mandamus seeks to require the respondents to in good faith redistrict the county as required by the constitution, the respondents of course have a discretion, but not an unlimited discretion, as to what variation may be allowed between the population of the various County Commissioner Districts.. This Court has no desire or authority to substitute its discretion for that of the respondents. However, if the further response of the respondents in this cause should not show a reasonable exercise of discretion in good faith, the Court certainly has authority to go further and exercise other power than simply directing another attempt on the part of the respondents.
“4. This Court is of the opinion that' the 1945 State Census is the only proper basis for this •reapportionment available. Unquestionably, it was not 100 per cent accurate. Perhaps, there has never been a perfect census made. However, it was the duty of the County Commissioners of Lake County to reapportion the County Commissioners’ Districts according .to that census, which was not done and that duty has continued, and still continues to this day. What everyone knows the Court is supposed to know, and does know, that all parts of Lake County have grown and are continuing to grow more rapidly during the last few years than ■formerly. No one part of the county has grown at a rate greatly in excess of any other part. As shown by relator’s motion for peremptory writ, the precincts of the county can be grouped into units varying from 5489 to 5652. Perhaps no more perfect division of population could be. expected, since the theoretical, ideal, according to the 1945 census, is 5589 for each district.
“5. There is no justification for wide differences in population of districts in this county, such as was made •in Volusia County. That was justified ■ on the basis that West Volusia County with 19,000 population was largely agricultural whereas the four East-Volusia County precincts (12,000-14,000) were largely tourists and the irregularity of islands and coast line undoubtedly had [797]*797to be taken into consideration. No such marked differences exist in Lake County. Agriculture, notably citrus, is paramount in all sections. There is some cattle raising, but it is scattered from one end of the county to the other, and from side to side. The tourist trade is important and growing in all sections, but no section is outstanding over any other section in this regard. Every section has its railroads, through ’ highways, canneries, groves, farms, tourist and fishermen’s ' accommodations. The business interests of the county are strikingly uniform.
“6. This Court is not of the opinion that the districts should necessarily be so closely parallel in population as that suggested by the relator in his motion for peremptory writ. Undoubtedly utility and accessibility of the County Commissioner to all parts of his district should be given some consideration, since the office of County Commissioner is of considerable importance to the inhabitants of his district, and the County Commissioner is supposed to be of some service to those people.
“7. After a careful study of population figures according to the 1945 census, I am of the opinion that an equitable and fair rearrangement of districts can be readily arranged between an upper allowance of 7000 people for the largest district, and a minimum allowance of 4000 for the smallest district, based on the 1945 State census. Within these limits, proper and reasonable discretion in good faith can be exercised by the respondents.
******
“It is thereupon
“Ordered and Adjudged that the return of the respondents be, and the same is hereby quashed and the respondents are given to January 15, 1953 in which to make a new return to the alternative writ heretofore issued.”

Respondents County Commissioners elected to stand on their return, whereupon, on January 27, 1953, a peremptory writ of mandamus was issued, the coercive portion of which is:

“Now Therefore, you, George L. Singletary, J. C. Cowart, H. K. Stokes, O. M. Simpson, H.

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69 So. 2d 794, 1954 Fla. LEXIS 1217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/singletary-v-state-ex-rel-kauffman-fla-1954.