The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1881-07-05
HEAD-EorEs OF DECISIONS


he ssa.e Il Tlstida y ~ Atisln.s .unaer.l =
e. -, Christina a. Hal1 Va 9nqlars EsAEk
Information Il ths hdl1te q ~ sarYsssle
/ An aes yessing diszesisn p De ,exssa. q
on. .half e q eoRa. q So sea sysaey s r.
ns8t oessais saa ~ - = 3 y ! IT, - 4 80
system q mu1aciaf R6vsffi - ar7 Is sorl,o-
rate the Mnz ny Win 6AoGlM asd a = Z
form of g0$einl2 2.k u1def SlAacA ths nR1s<inal
o11csz5 me app0in1sd ~ i4e 0essl 8 1aeel'
Is issar. sadr sss 6sisusos - - + Sss,,.s !, ~
establishment q uni6osm ngstemD .ktssesH
O. Where the leki1lativs is1snt b thAa tAe
whole Of o slAtMte shall opesuse % accomplish IN
evident end and parpess, If that position Of IL
oct providing t0g the aUsomplishmens of the
final purpose is unconstitutiDaal, tha dependent
and initiatOTy provisions Of the act must A aiso
Where an act provides fog The diusoluti0a and NJ
incorporation OF > municipality, aad it il clear
that the dissolutisa Is aufhortzed only @ a step
looking 10 and foundation for the re-incorpora-
ton, If that portion which provides f0r the rein
corporation b unconstitutional the whole act
must fail.
WEsrCoTT, J.. ,
This ia an information Ia the naAure ef q Quo
ssGrrGztO, the relatox, HAley, claiming the right
TO hold and exercise, the pewHs and franchises
Of the sface Of MaFoE Of Eernandina as AgAinss
the respondent Stark who nov holds aud exc
cutes thesaid s6ica as he, Haley, relates, unlaw-
fully and without legal warrant or authority.
On the 4th day Of April, A. d. 1881. st an
election held in pursuance Of Law, Haley was
elected to the once Of Mayor BE qualified
and entered upon its duties This election was
held under municipal, corporate organization
AAd under the general act providing Tor the IN
corporation of cities and towns, which was then
in force. On the 24th Of February, A. D. 1881,
the Legislature passed an act entitled " An act
to repeal and dissolve municipal corporations
under certain circumstances, and to provide the
manner in which such cites may become re-
incorporated;Y Chapter 3S16, Laws Under It's
provisions the respondent, Stark, was appointed
Mayor Of the City OF Fetnandina, aad, after
duties Of the once The relator insists that this
act dissolving the old corporation and creating
the new one, under which nespondent was an
pointed, is sunconstit tutionG While ne respondent
maintains that the act Is within me coustifu-
tionaI power Of the Legislature. .snd that his
that the question here involved is the ccnstitu-
tionality Of the act mentioned
The act provides ior di4oluiion of munici-
pal corporations AGninG Q Apndad n4lAAia5Asss Tia
bonds to Be pGsleddNs and WARGi1, a fepd Eer 2sir
payment not h10iag been pr0oidsd in the manner
following: On the written application Of the
holders or owners, or their AgenfS Of one -haN Of
the unpaid bonds Of the city t6syhe Judge sf the
situated. accompanied with sAtisdactory evidence
that the city IS PrsnG faek bonded and thar the
bonds are passed due and unpaid and f6R which
q fund for their payment has not been provided,
il shall be his duty to make . certl6cafe of such
facts, and cause the said Application, proofs sad
certificates to be fled and recorded in the once
Of the Clerk Of the Circuit Coart for the ooumty
in which the city is sitnAted.n On the pEesenta-
ton OF q certified copy Of this eextih0afe 10 the
Governor Of the State he is to issue pEoclama-
tion declaring that the charter Of The city i re-
pealed and the corporation dissolved The act
then provides for the incorporation Of such dis
solved corporation, which 10 to be had in the
manner following: On the petition Of twenty
or more persons residing within the limits Of The
city thus Dissolved, it b made the duty of the
Governor to appoint Mayor and fiva Aldermen,
reeidents of such city. They are 10 hold their
Offices for two years. and in case of vacancy the
ofice is to be filed by the Governor. The mu-
nlcipal corporation thus Organized is ealled Q
provisional municipality, but It il in fact . per-
manent government. Its boundaries ase 70 be
the same as those or the dissolved corporation,
and it 10 70 hsve all the powers Of the antecedeut
corporation 50 far . they existed under the act
establishing = upifpEm system Of mgnicipal Rpvr
organization, the Mayor and A1dermen appoint
the City Marshal and Clerk, who ID to scf -
- Sns.a ~ 49, " 80 1S.ris IL -, ~
thorized 70 compromise ana settle the existing
indehtedness o. the defhnct corporation, having
ss.s-. !. a. s;.s ~ 49,, h.If * -. -. -,
-s - -. rs,, - - -.
- ~ :, ,,s1r,o. - - ~. 49, y ~
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~ - - Ss.. -. xS - - s-...s ~.
~. =, -, - - - -. -
prsuertv rnS tbr N ccIIetsor % n ~ ouasv Z
made the collector 1bf tie cify "a 7''I'71ss'3
eminent applicable o sii cisies. and wiSch wss
- -S.;...1 = -. - s:.;sssa.s
..,,.,. -, :. ~, -, y ~" - -. 49,
'.."--S.i s;s- 49, sSs-+..- - - I
i.c..- -. y, 49,. a. slsc.s5 - - ,s.,ls - ~.
- - .~f-....S ~ -. SrISr.-- So.
eIec,ed for I've vs.rS o,e hsit - 1901 escS
vsar w;,S term ~ - ~ ia - ors h.M
1S -. ala hcs1d 49, Hcl,ss 60 sscs
4 TIE Disssnt sct i Il esscsiss,, a { M &, 2ns seea
.ns. 49,, ~ = .w1 81 ss,i9 y ~ g
!. ~ s.si q - - ~
s.,.s,,s..s . -. .sses 49, x!
...ru - l,,,It. s,T EeTS ia. .. - Is ess
,,- vs.,~ -. 49, sxes,1 - = sfSss
49, - eiac,aa s,,S HTiT tksfy - ~ c~A -,
snJ "a to ths - n ~ side,wsr t 81 - -,
dNsrsct 4 ns;r = tsss s,..;:r
the one system thzy Kold loT Two g n yssss each
- ons - Tesr'1 II n 80
~ -. -. ..,.sa.. - A,,.
u 80 - -.
49,. - - -. ~ -, - = s.ss
naIes - - - - -. - - J. . -
taaL ma : ;: s..n -: 80 o i:s.,pes eos-
go. !. .;s.. !. - - - sisn.s. - - -,
cIasef Can Il he Ia thaf uniSorm svassw q