The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-12-03
THE Governor
To THE DUVAL
co. AUDITOR
WRITES TO p. q. CASSIDY AND
EXPLAINS THE DUTIES, AS
WELL AS THE AUTHORITY, OF
COUNTY COMMISSIONERS.
SrecIa; 70 The journal

christ has written the following,
which is seif-expianatory:
State of Florida, Executive Depart
men, Tallahassee, Nov. 29, 1911.
honorable 2. D. Cassidy, Clerk Board
Of County Commissioners, Jackson
vile, Florida.
My Dear Sir: Section of Article
5 Of the State, Constitution provides
that: The powers, duties and COM
Fensation of such county commission
ers shall be prescribed by law" The
effect of this constitutional provision
IS to make the powers of the several
boards Of county commissioners of the
state special and limited powers. Such
boards can exercise only such powers
as are expressly, or by reasonable i'm
plication, vested in them. Such boards
nave only the special powers and au-
thority given it by law, and must be
limited by the provisions of law pre-
scribing its authority.
In the case of Parker ct al VS.. Even
ing News Publishing Company. "a Fla.
344, the supreme court of Florida held
that the powers and duties Of county
commissioners are purely statutory
In the case of the State CT Florida
Us. A. c. L. Ry. Co. Sc ria. GIT, the
! supreme court, in discussing the pow
ers of the railroad commissioners, held
that they, too, were statutory officers
whose powers are special and limited
In the last case cited the supreme
court laid dGwn the following doc
; trlne, which, I am advised, is as ap-
! nlicable to the powers of the board Of
! county commissioners as it is to the
powers of the railroad commission
era:
THE railroad commissioners are
statutory officers whose powers are
special and limited. They can exer-
else only such authority as is legally
conferred by express provisions of law
| or such as is by fair implication and
amendment incident to and included in
the authority expressly conferred for
the purpose of carrying out and ac-
comprising the purposes for which
the offices We're established
1t would seem that, from the doc
| TIME laid down by the supreme court,
| the county commissioners of Duyal
county are justified IN employing a
! civil engineer with a salary of eighteen
| hundred dollars per annum. The
county is expanding about one million
| dollars Tor the construction of hard
surfaced roads 1t would appear to be
| the duty of the county commissioners
| to nave such construction work done
| under the supervision of 81 competent
engineer. In fact, the board might
tairly be charged with remissness of
| duty II this great work We're left in
| the hands of an incompetent person.
In this connection, the following is
| an opinion submitted to me by the
attorney general, under date of the
25th instant:
| Replying to your letter of this date
! wherein you say the board of county
commissioners of Duval county EN-
| ploys civil engineer at a salary of
eighteen hundred dollars per annum.
who has supervision over the county
roads building and ask me to advise
! you whether the said board is au-
thorized by law to employ a civil en-
g1neer at salary of eighteen hum
oreu dollars per annum, to have super
vision over the county road building, I
| beg to advise that Section $50 of the
General Statutes prescribes the duties
and likes the salary of the county road
superintendent at not over two dollars
per diem for each day he is actually
| engaged in the discharge of his duties
II Is his duty to supervise, direct and
nave charge of the maintenance and
building OF all public roads. culverts
and bridges in that county, and he
! shall submit to the board of county
commissioners an itemized monthly
report of all work done and in pro-
gress, and monies expended
| IF the civil engineer employed by
the Duval county board has such
supervision over the county roads of
| z.
and performs the duties therein re-
quired of the county road superin-
tendent OF Duval county, then he is in
fact the road superintendent of Duval
county and only entitled as such
Superintendent to the salary allowed
by the said Section $50 of the Gen
eral Statutes. If the said civil engi-
neer is not exercising and performing
the duties and functions required of
the county road superintendent, but is
merely engaged as civil engineer to
perform the engineering work and
other expert services that may be
necessary in the building of a system
OF hard surfaced roads, with the funds
| ARISING from a million dollar bond
issue, then, I think, his employment
autnorlzed under the general authority
OF the board of county commission
ers as being incidental and necessary
70 tnelr duty to build the hard sur
Iaceo roads. l have given my opinion
upon TWO assumed conditions. for the
reason that l am unable to determine
from Your letter whether the civil en-
gineer is employed to perform en-
glneerlng work and other expert work
IN connection with the road building
IN DuVal county or is employed as
tint county road superintendent
Respectfully submitted.
4 PARK TRAMMELL,
/ Attorney General"
/ Section of Article of the State
| Constitution provides that: THE
legislature shall authorize the several
/ counties and incorporated cities or
towns in the state to assess and i'm
pose taxes for county and municipal
purposes, and for no other purposes. -
1t Is understood that many worthy
but unauthorized appropriations Of
county funds are often desired and re-
quested by representative and sub
stantial citizens of the various coun-
ties; and that a number of the boards
OF county commissioners have, in fact,
and doubtless in good faith, made
such appropriations. 1t is, however,
beyond the authority vested by law in
the county commissioners to make
them They should, Of course, be dis
continued. If the sentiment Of the
people approves the disbursement of
the county. funds for such purposes,
laws authorizing same should be en-
acted by the legislature.
The same condition exists with
reference to the employment Of a
license inspector. I am advised that
the law does not provide for the ap-
pointment or employment by the
county commissioners of license in
spector. The law imposes upon tax