The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1907-02-23
AS Recently Rendered by the
Supreme Court of
Florida.
BOARD OF PILOT COMMISSIONERS
HAS POWER TO PROTECT AND
POLICE THE HARBoR, AND
COUNTY COMMISSIONERS MUST
AUDIT AND PAY BILLS so CON-
TRkcTED.

The decision of the Supreme Court
of Florida in the case OF the Board or
County Commissioners of Escambia
county, Florida, VS.. the Board Of Pilot
Commissioners of Pensacola harbor,
holds that the latter has the authority
and power to protect the harbor and
employ police. and that the bills so
contracted shall be audited and paid
by the Board of County Commission
eFs.
The Decision.
The case was carried to the supreme
court on appeal by the County Com
missioners, and the full decision of
that court is as follows:
In the Supreme Court of Florida, Di-
vision A-June Term, A. D. 1906.
The Board of County Commissioners
of Escambia County, plaintiffs in
error, VS.. the Board of Pilot Com
missioners, of the Port of Pensa-
cola, Florida, defendants in error.
-Escambia county.
Whitfield. ].
!. The legislature cannot author
ize the payment for other than county
purposes, of money derived from taxes
assessed and imposed by a county,
since such authority would be in con-
f1ict with the manifest purpose and in
tention of the constitutional provision
that ''the legislature shall authorize
the several counties in the
state to assess and impose taxes for
county purposes, and for no
other purpose"
2. 1t is the duty of the courts to
construe legislative acts with refer
ence to the constitution, and If the
constitution is clearly violated by a
provision of statute, such provision
should be declared imperative; but il
the provision is not clearly in conflict
with the constitution, or if there is
a we'll founded or reasonable doubt as
to the constitutionality of the provis-
ion the legislative will as expressed
| therein should be sustained
s. Whether an expenditure de-
manded to be made from the funds
derived by a county from taxes as
sessed and imposed by it by virtue
of legislation under the constitution.
| is Or is not for a county purpose, is
to be determined by the courts from
the facts and circumstances of each
particular case; but when an expendi.
| ture is authorized by the Legislature
as being county purpose, the courts
will not interfere except in cases free
from all reasonable doubt
4. Where a county purpose has
been designated by a statute which
directs that expenses incurred by GER
tain officers for the protection of ports,
harbors, bays, and rivers within the
| county, shall be audited and paid by
| the county commissioners as other
charges against the county are audi
ted and paid, such designation Of a
county purpose WILL in Difference to
the legislative department, be recog-
nized and enforced by the courts I'M
less it clearly appears that it is not
a county purpose within the meaning
Of the constitution.
5. If the payment demanded of a
county is for a county purpose, the
particular officers engaged and meth
DDS used under a statute In mourning
the expenditure do not affect its char
| acter as a county purpose.
s. A river, barbor or bay Of port
| is public highway, useful to the peo-
pie of the county in which it Is situa-
ted for the purposes of navigation and
commerce. The depth of the water
therein is one of the chief elements
of its value, and it's protection from in
jury by being filed in, Is within the
I, purposes for which county govern
ments are established, even though
the river, harbor or bay be also and
largely used for passage to and from,
and for commerce with, points beyond
| the county.
Z. It is competent for the state act
ing through the counties to protect
the ports, harbors, bays and rivers
therein if the control of the general
government within it's sphere is not
thereby interfered with.
s. Under the constitution the
powers and duties of the county com
missioners are prescribed by statute.
and the statute does not give them
exclusive police or other supervision
over the ports or harbors of the state.
The legislature may provide for the
exercise of such powers within
| county by officials other than the
county commissioners
g. Section $50 of the Revised Stat
uTeS Of 1892 Section 1910 nf the Gem
eral Statutes of 1906, which requires
the board of pilot commissioners Of
each port to take such steps as are