The Lakeland evening telegram. (Lakeland, Fla.) 1911-1922, 1914-01-13

hC uSSlolOA vi tHC SUPP ClhC NOut y
regarding the legality of Lakeland's s
commission form of government, in
which the ruling of the lower court
sustaining it was upheld, has been
received by the Telegram, and as it
will be of interest to our readers, we
publish the full text of the opinion,
which follows;
In the supreme court of Florida,
June term, A. ID. 1913. M. G. Mum
ct al. appellants, VS. W. l.. Finger.
appellee. Polk county.
Whitfield, J.
This appeal is from a decree en-
joining the election of mayor and
four councilmen in the city of Lake
land, Florida.
Chapter GIL, Acts of 1913, amends
section 20 of the charter act as fol-
lows The City of Lakeland is here
by authorized at any future time to
establish commission form of gov
Ell nment; to elect (5) commissioners
by popular vote, one to be elected
from each ward of the City of Lake
land, and one at large, to serve for
two years each from the date of their
qualification, or until their success
ors are elected and qualified.
Such commission form of govern
ment shall be established in the fol-
lowing manner, to-wit: Upon a two
thirds vote of the City Council to
adopt such commission form of gov
ernment, an election shall be called
by the mayor and the City Council
for the purpose Of submitting the
question OF ratification or rejection
of the commission form of govern
ment to the voters of the city, which
election shall be held not less than
thirty days from the adoption by the
City Council of such commission
form of government.
In the decree of the court is the
following finding: THAT the City
Of Lakeland has the power under
Chapter GIL Acts of Legislature of
the State of Florida for 1913 to es-
tablish a commission form of govern
ment, that the election held on the
Sth day Of October, 1913, for the pur-
pose of ratification or rejection of the
commission government was regular,
and that the five commissioners were
duly and regularly elected as com
mission for the government of the
City of Lakeland in accordance with
section of said charter. II he court
further finds that it was the inten-
tion of the Legislature to vest the
commission with power and author
ity to carry on the municipal govern
ment and affairs, and while the act
fails to completely define the details
of the government, yet it submits to
the vote of the people for ratification
"A method of government called com
mission form.
At an election called by a two
thirds vote of the City Council for
that purpose, a majority of the cleo
tors duly voted for a commission
form of government.
1t is contended in effect that the
quoted amendment of the charter by
the Legislature of 1913 is inopera-
tive and void if it is designed that
the commission form Of government
is to supersede the other and usual
form provided for in the charter act,
for the reason, it is argued, that
there is in the statute or in this State
no prescribed commission form of
municipal government, and the
power to establish Il commission
form of government is legislative and
cannot lawfully be delegated to the
city itself.
The constitution provides, section
"a article III: "The Legislature
shall establish uniform system of
municipal government, which
shall be applicable, except in cases
where local or special laws are pro-
vided by the Legislature that may be
inconsistent Herewith Also in
section 8, article VIII: "The Legis-
lature shall have power to establish
and to abolish municipalities, to pro-
vide for their government, to pre-
scribe their jurisdiction and powers,
and to alter or amend the same at
any time"
Under these sections of the consti-
tuition the Legislature may by law
confer upon a municipality any pow
ers relating to its government that