The Lakeland evening telegram. (Lakeland, Fla.) 1911-1922, 1916-03-30

Tallahassee, March 30-A COM
plete victory was won today by the
state road department of Florida in
decision handed down by the SUI
preme court of Florida in the manda-
mus proceedings instituted by At
torney General Thomas F.. West
against the board of county commits
sioners and the county tax collector
of Leon county.
Upon petition OF the attorney gen
eral, the supreme court on February
4 granted an alternative writ OF
mandamus ordering the county Off
cials of Leon county to pay over to
| the state treasurer ID per cent OF
the amount collected as license taxes
on automobiles since October /, 1919,
i said Is per cent to beu sed for the
maintenance of the state road de-
partment
Validity of Act Attacked
Col. Fred T. Myers, attorney for
Leon county, ON February s, filed
a demurrer, in which he attacked
, the validity of the act creating the
department and especially the pro
vision requiring the 5 per cent to
be paid On this point, his conten-
ton was that the license tax,
authorized by chapter 6SS1, (the
automobile license law, lis specifi-
cally stated to be county license
tax. which the act provides shall be
paid into the road and bridge fund
for several counties" He then point
ed out that chapter $3.50, (the law
creating the state road Department.
undertakes to take part of the tax
levied strictly for county purposes,
and as a county tax, for the purpose
of maintaining a state road depart
ment The authority and duties, of
which Col. Myers contended, are not
confined to any particular county,
but operate throughout the entire
state. This, he contended, could not
be done in the fact of constitutional
provision (section ,, article 81
which reads: THAT the Legislature
shall authorize the several counties
and incorporated cities or towns in
the state to impose taxes for county
and municipal purposes and for nc
other purpose"
Alternative Writ 0verruled
In the decision of the supreme
court in which all of the associate
justices concur with Chief Justice
Taylor. who rendered the opinion
this contention is disposed of a:
follows: "A complete answer to this
contention that these license taxes
are not assessed and levied by the
various counties for county purposes
but have been fixed and imposed di
rectly by the law making power Of
its enactment of said chapter, 6SS1
laws of 1915. 1t follows from wha'
has been said that the demurrer o.
the respondents to the alternative
writ must be and is hereby over
ruled"
Signed, Taylor, chief justice
Shackelford, Cockrell, Whitfield
Ellis, concur.
The opinion of the court is {
lengthy one and goes into every de
tail of the law and sustains ever,
contention made by the attorne.
general.
The state road department of which
Ed. Scott, of Arcadia, is chairman
has been notified of the decision b,
]. P. Clarkson, chief clerk in charg
of the headquarters in Tallahassee
There will be meeting of the de
partment held in the state capitol OF
April 70, and at that time the de
partment will very likely make al
appointment of a state road commits
sioner. The decision means tina
every county will not have to pa,
over to the state treasurer Is pc
cent of all monies collected as Ii
cense tax on automobiles and othe
! motor-driven vehicles.