The De Soto County news. [volume] (Arcadia, Fla.) 1898-1924, 1916-05-04
ROAD INJUNCTION.

We recently gave out as news
Item the fact that Judge Whitney had
denied an injunction in case of the
Punta Gorda Special Road and Bridge
District to prevent the further build
ing Of the roads. except by contrac
work. Judge whitney In denying thi
Injunction. said:
This cause comes Oh for hearins
upon motion for injunction agains
the county commissioners and tn,
bond trustees Of the Punta Gorda Spe
cial Road and Bridge District to pre-
vent the further building of the road,
Of that district. except by contract
work. / find that the statute under
which the road district was created
provided for doing the work by let.
ting 20 the lowest bidder. | find that
the legislature in 1915 passed a spe-
cial and l0'al law relating only To
this particular district. in effect al
lowing the work to be done without
letting under contract.
"Thc motion came on. upon bill.
demurrer thereto and answer. l think
the pleadings raise but two controll-
ing questions: Does the constitution
prohibit the Legislature from passing
such an act as the 1919 act by rea
on OF its being local or special to
particular locality? II Is true that the
constitution prohibits legislation reg
ulating iurisdictional or duties of Of.
hc"rS IN one community and not gen.
orally applicable to all. | have CON
Guided that whether or not this act
II offensive to the constitution, is at
least doubtful, and therefore under
the law must uphold the act. because
unless an act is clearly and beyond
reasonable doubt, under any rational
view that may he taken. in positive
conflict with some identified provision
or the constitution. it should not he
declared imperative. The act does not
enlarge the jurisdiction or duties q
county commissioners over n subject |
over which they had no jurisdiction |
before. but relates to a subject mat. |
ter over which they had full char
before the act, that Is the building of
roads. 1t was on this ground that the
supreme court has upheld n special
act to build a dock and issue bond,
The same objection was
made there as here to its constitution.
Atty. They say. we shall not under.
AXE to define the demarcation be.
ween regulations affecting the coun.
" government which are directly per-
nitted and regulations as to the ju.
1sdiction and duties Of any class OF
'fficers which are prohibited. In the
natter now before us II NAV we'll
'e doubted II the comforting OF pow.
- upon county through it's county
to levy a tax to meet
'onds issued for a county purpose
egulates their Jurisdiction and du.
ies.' This seems to be the only ex.
ression OF the supreme court upon an
Illustrated question, and while not
lrectly III point yet throws much
Ight on the clause in question.
II am Of the opinion that the con.
titutional clause in question means
nd In Its correct, rational interpre-
alton, was intended to prohibit the
legislature from enlarging the iuris.
icticn OF county commissioner over {
subject matter Except by general I
'w) over which they had no duties a
jurisdiction before. 1t was said in
rgument that ! could be aided but
tile by any previous authorities c
nd II the construction Of this clause r
one of firSt impression, I will try I,
hnd the true reason OF II. In doing
believe that the object OF the Q
ause was TO conine the Officers of ali z
asses 10 the power generally con. h
FRED on them and prohibit the le0is- 4,
ture from enlarging those powers or
'eir Jurisdiction in one locality over =