The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1885-03-19

sssos ~ suS 4Aiu0D VI TUG TUG
necessity for Its exercise exists In one or more
communities and II such necessity does exist, Il
! 1t not well that there is constitutional provis-
Ion permitting itl
~ 1T does not prescribe rule Of civil cou.
duct, but deals only with the past and present.
and not with the future. is urged as objection.
This objection Is practically disposed Of in q
| former part of this opinion by the construction
| We have given the statute. In the case of Mer.
weather ". Garrett, 102 U. g.. 472, October
Perm. 1eool it is said: The right of the State
TO repeal the charter OF Memphis cannot be
questioned Municipal corporations are mere
instrumenialities OF the State for the more con-
venient administration of local government
Their powers are such as the legislature may
confer and they may be enlarged, abridged or
entirely withdrawn st its pleasure: This is com
mon learning found in all adjudications on the
subject Of municipal bodies and repeated by the
text writer's There Is no contract between the
State and the public that the charter OF city shall
not be at oil times subject TO legislative control
There is no such thing ~ vested right held by
them" 6i1, II Wall. 322; SO T. s., 10S; IS
WeEd, 324 81 Pen. st., 100; 20 W.. 12: Coo
ley, 1872. 1893; ~ CAL. 541.;; Cooley. C. L.. 49,
UOless there is . limitation In the Constitution
refraining the Legislature, ii can at will dissolve
one city or many municipalities, and leave 9TH
ers in existence Il could moreover dissolve all
existing municipalities, aud prevent the same
communities from reorganizine yet provide for
others to incorporate We have previously dis
posed OF the only difficulty arising in this case
on tins point g., its consideration in connec-
ton with the provisions of the Constitution
heretofore discussed in the second paragraph of
this opinion. The Legislature has not pretended
To- either compel communities 10 organize as
municipalities, nor when so organized to remain
such, but has expressly provided for a surrender
oil its franchises by any city or town. We are
not satisfied that having the power to authorize
one or many TO surrender its corporate exis.
tence, 1t cannot for satisfactory cause dissolve
apy one of them. The Legislature 10 repeating
or modifying the charter of a municipality is
not creating rules for the regulation of future
controversies between parties, il Is simply As it
were a2ing its own instrumentality. What
we say under this head is sufficient 10 show that
municipal corporations can, independent of
Constitution limitations, be dissolved, without
violating the principle suggested for petitioner,
ana IL IS not necessary here to go any further in
deciding the objection.
V. Ii is contended that the second section con-
fcrs judicial powers on the Governor The iden-
tical provision Is in the Tennessee act. and il In
mentioned both by the Supreme Court of Ten
nessee and that OF the United States the objec-
tipn made here. however, does not seem to have
occurred 10 either, or, If it did, was not deemed
worthy OF comment
A statute of Florida (chapter 3025) provides that
whenever in the opinion Of or more registered
inhabitants OF any town or city the boundaries
vi bnC tOWu VI CITY arc Oh unreasonable or
necessary extent such persons may set forth by
petition 10 the County Commissioners their
complaint of such undue extent of area, whereup-
on the commissioners shall notify the Mayor
and appoint day for hearing the statements of
both parties, and if upon such hearing the COM
mlssoners shall be of opinion that the bounda-
rles OF such town or city extended beyond
necessary and useful limits, and include an un-
due amount OF farming or vacant land they
may prescribe such new boundaries for such
town or city as may seem to them right, and there
atIer the boundaries so prescribed shall be taken
10 DC tne lawful boundaries of said town or city
and shall limit its corporate authority. The act
Also authorIzes the commissioners to enlarge the
boundaries on application of the corporate au-
thorities thereof THE po,ccr OF the County Com
m,ssioners, say this court in City of jackson
vile vs. L'Engle 20 Fla, $751; as conferred by
the act = was not strictly judicial within the
prohibition OF the constitution. Like the power
10 hear and determine applications to lay out,
open roads, and discontinue, locate and build
bridges, and similar powers and duties, they
merely exercise such judgment and discretion,
adapting such nae0sures under the L1w as to them
may seem conducsue to the pubic conuenience and
public needs. Indeed to deny the power of the
Legislature to confer such duties upon minste-
rial officers, in the performance of which duties
they merely exercise a discreet judgment with
reference 70 the convenience and interests of the
pubic, would have the effect to dbrogate nearly1
not quite all the powers and duties usually exer-
clsed oy County Commissioners in conducting
the ordinary business of the county" We feel
that It is not necessary to do more than ask An
application OF the doctrine, thus so well put by
CPiet Justice Randall, to the duties imposed
Oy the act under review, upon the Governor
Separating the power 10 act, from the conclusive
enect OF the executive action it seems iu view Of
the above decision unnecessary to extend this
opinion upon this point. Assuming the doctrine
OF council for the petitioner to be correct, what
No h0N n<1f>
nary powers and duties usually exercised by the
Governor and Comptroller! "An inquiry by
the Legislature into the affairs or defaults of q
corporation with view TO continue or discon-
tinue is not q Judicial act" Crew vs. Bsbcock,
23 Pick, 3S4 Why should such inquiry if i'm
see any difference
We however do not think it necessary to de.
ci9e, nor do we intend in any wise 10 commit
ourselves either against or in favor of the doc
trine, that this act, in 30 far as it preteuds
TO make the Governors decision or proc
iamatlon conclusive Of the indebtedness
OF any city or town Is constitutional. 65 Wn..
19i. The provision as to conclusiveness may be
eliminated and still the remainder of the act will
stand. II can hardly be contended that the act
would not have been passed but for the presence
oI this provision Cooley Con. Lim., N. p 178;
SIS Wis, 1e7.
When the correctness of the Governors de-
cision as to any city or town being indebted, a
contemplated by this statute shall be gains ,yed
we will decide upon the conclusiveness of such
decision. In 80 far as the observations of coun.
sci as 70 the absence of directions ~ to the man.
ner or means by which the Governor shall inform
himself In order to properly ascertain the exist
ence or non existence Of such Indebtedness it in
presumed that he will exercise al least that care
which should characterize Chief Executive in
all bis official acis II is certainly not con,ended
here that he has erred in either his Judgment or
methods; and il he has not there is no practical
ground for complaint. We do not think it was
necessary for the statute to present the method
of his proceeding, nor has any authority to such
effect been furnished to or found by Us
We do not think section delegates to the
Governor the power Of making and unmakinr
municipal corporations In the State OF Florida !"
The statute is itself as posiisve as language can
make it in declaring which class of municinaI
bodies shall have the form Of government IL
prescribes. and in performing the duties pre.
scrloed oy section he does nothing more than
an ordinary executive function recurring the ex-
ercise Of Judgment Without section Q It weuld
have been his duty to proceed at once to appoint
Commissioners under section for corporations
At the time In the condition CONTEMPLATED bv
section one, and had he In the absence of section
3 still transmitted copies OF the act 10 aaid
Mayor, and issued proclamatons of the kind
indicated, he would have merely adopted a mode
clearly within his ordinary power aud entirely
consistent with the importance of the duty and
with public interest SECTION yeats no discre.
ton in him a. to whether section one shall applv
to any particular town or city; II is his plain
duty, however, to enforce the act as to all cities
80 to which 1t applies and this section prescribes