Wright v. Board of Public Instruction

48 So. 2d 912, 1950 Fla. LEXIS 1598
CourtSupreme Court of Florida
DecidedApril 25, 1950
StatusPublished
Cited by16 cases

This text of 48 So. 2d 912 (Wright v. Board of Public Instruction) 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
Wright v. Board of Public Instruction, 48 So. 2d 912, 1950 Fla. LEXIS 1598 (Fla. 1950).

Opinion

48 So.2d 912 (1950)

WRIGHT
v.
BOARD OF PUBLIC INSTRUCTION OF SUMTER COUNTY.

Supreme Court of Florida, en Banc.

April 25, 1950.
Rehearing Denied December 19, 1950.

*913 Stuart B. Warren, St. Petersburg, Robert J. Pleus and Joseph P. Lea, Jr., Orlando, for appellant.

Askew & Earle, St. Petersburg, and Carroll W. Fussell, Bushnell, for appellee.

CHAPMAN, Justice.

The plaintiff-appellant filed a common law action in the Circuit Court of Sumter County, Florida, seeking a judgment against the Board of Public Instruction of Sumter County on twenty time warrants, with interest, as issued by the appellee on September 1, 1923, pursuant to the provisions of Chapter 6654, Special Acts of 1913. Each of the warrants was for $1,000.00. Five of the warrants became due ten years after date of issuance; five became due fifteen years after date of issuance; and ten became due twenty years after date of issuance. The warrants bore interest at the rate of six per cent. per annum. A copy of one of the warrants and a copy of one of the interest coupons were attached and made a part of the declaration.

The Board of Public Instruction of Sumter County filed a demurrer to the declaration reciting various grounds or reasons why the declaration and attached exhibits were bad in substance and insufficient in law. The seventh ground in effect alleged that the declaration failed to aver or show that the warrants sued upon were issued in accordance with the Constitution and laws of Florida. The trial court sustained the seventh ground of the demurrer and entered judgment thereon for the defendant below and the plaintiff appealed.

We have on numerous occasions held that the law to be applied to contractual rights is the recognized law in force and applicable thereto at the time the contract or agreement was made or entered into. Columbia County Commissioners v. King, 13 Fla. 451; Humphreys v. State ex rel. Palm Beach County, 108 Fla. 92, 145 So. 858; Lee v. Bond-Howell Lbr. Co., 123 Fla. 202, 165 So. 733; State v. City of Pensacola, Fla., 40 So.2d 569.

Chapter 6654, Special Acts of 1913, is viz: "An Act to Authorize and Empower the Board of Public Instruction of Sumter County, Florida, to Issue Interest-Bearing Coupon Warrants for the Purpose of Borrowing Money to Liquidate Outstanding Indebtedness, and for the Purpose of Cancelling Any Other Indebtedness Made by or Through the Said Board of Public Instruction, and for the Purpose of Paying the Interest and Principal of the Said Interest-Bearing Coupon Warrants.

"Be It Enacted by the Legislature of the State of Florida:

"Section 1. That the Board of Public Instruction of Sumter County, Florida, is hereby authorized and empowered to issue interest-bearing coupon warrants, in a sum not to exceed twenty-five thousand dollars, bearing interest at a rate not to exceed six per cent per annum payable semi-annually; said warrants shall be issued in denominations of one hundred ($100.00) dollars, five hundred ($500.00) dollars and one thousand ($1,000.00) dollars. None of said warrants shall be issued to run for a longer period of time than twenty years. The said warrants shall be numbered consecutively, beginning with one, and each interest coupon shall bear the number of its warrant. Each of said warrants shall have attached thereto interest coupons, each coupon representing and calling for a semi-annual payment of interest on its warrants. Each warrant and interest coupon shall be signed by the Chairman and Secretary of the Board of Public Instruction of Sumter County and each warrant and interest coupon shall also bear their due date. Said warrants shall be issued upon the common school fund of Sumter County, Florida.

"Sec. 2. Under the provisions of this Act the Board of Public Instruction of Sumter County, Florida, shall be empowered to borrow money for the purpose of constructing, repairing or furnishing suitable public school buildings in the said County, and for the purpose of paying any existing outstanding indebtedness.

"Sec. 3. Under this Act it shall be the duty of the said Board of Public Instruction and its successors, each year during the time said warrants shall run, to set apart out of the County School funds of Sumter County, Florida, sufficient moneys *914 to meet and pay said coupon warrants and interest thereon as the same shall become due.

"Sec. 4. Under the provisions of this Act the Board of Public Instruction of Sumter County, Florida, is authorized and empowered to borrow money for the relief of any special tax school district therein; all such amounts with the interest thereon and other expenses attached thereto shall be charged to the said special tax school district.

"Sec. 5. The coupon warrants herein provided for may be issued payable to the order of bearer. The interest coupons may be made payable to bearer.

"Sec. 6. All laws and parts of laws in conflict herewith are hereby repealed.

"Sec. 7. This Act shall take effect on its passage and becoming a law.

"Approved May 30, 1913."

Acts of the Legislature under attack come to this Court with a presumption in favor of their constitutionality, upon the theory that the Legislature would not knowingly enact an unconstitutional measure. We have frequently held that a wide latitude must necessarily be accorded the Legislature in its enactment of laws, and it must be a plain case of violating the requirements of the organic law as to the title of an Act before the Courts will nullify statutes or portions thereof, as not being within the purpose and scope of the subject as expressed in the title. Rushton v. State, 75 Fla. 422, 78 So. 345, and similar cases.

If a doubt exists as to whether matters found in a statute are included in the title thereof the same are by this Court resolved in favor of the legislative determination. State ex rel. Crump v. Sullivan, 99 Fla. 1070, 128 So. 478. Courts disregard verbal inaccuracies and resolve reasonable doubts in favor of its constitutionality. In order for this Court to condemn an Act for failure to comply with constitutional requirements, the violation must be substantial and plain. Sheip & Co. v. Amos, 100 Fla. 863, 130 So. 699.

It is contended that the following language of Section 1 of the Act viz: "Said warrants shall be issued upon the common school fund of Sumter County, Florida," and the following language of Section 2 viz: "the Board of Public Instruction of Sumter County, Florida, shall be empowered to borrow money for the purpose of constructing, repairing or furnishing suitable public school buildings in said County, and for the purpose of paying any existing outstanding indebtedness," render the entire Act void as not being expressed in the title of the Act or germane to the subject expressed in the title as required by Section 16 of Article 3 of the Constitution of Florida, F.S.A.

Section 16 of Article 3 of the Constitution of Florida provides that each law enacted in the Legislature shall embrace but one subject and matters properly connected therewith, which subject shall be briefly expressed in the title; and no law shall be amended or revised with reference to its title only; but in such case the Act, as revised or amended, shall be re-enacted and published at length.

An examination of the title suggests the conclusion that the Legislature at the time of the enactment of Chapter 6654 was considering the then existing and outstanding indebtedness of the Board of Public Instruction of Sumter County and "any other indebtedness" made or created by said Board subsequent to the effective date of the Act.

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Bluebook (online)
48 So. 2d 912, 1950 Fla. LEXIS 1598, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-v-board-of-public-instruction-fla-1950.