THE STATE OF FLORIDA, EX REL. ELIZABETH MIZELLE, PLAINTIFF IN ERROR,
v.
JOHN M. GRAHAM, COUNTY TREASURER, DEFENDANT IN ERROR
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The Florida Supreme Court upheld a county treasurer's refusal to pay a school warrant that lacked the required countersignature of the county superintendent of public instruction. The court held that the State Department of Public Instruction had authority to prescribe regulations for school warrants, and such regulations had the force of law when not in conflict with statutes or public policy.
The court held that the State Department of Public Instruction and State Superintendent have authority to prescribe regulations for the issuance of county school warrants, and that a requirement that warrants be countersigned by the county superintendent is a valid and reasonable regulation within their authority. Such regulations have the force of law when not in conflict with statutes or public policy, and therefore the treasurer may properly refuse to pay a warrant that does not comply with the regulation.
“the State Board of Public Instruction and to the State Superintendent of Public Instruction such duties and powers as would authorize them to prescribe • rules and regulations for issuing, recording, paying and cancelling warrants drawn against school funds of the county; and such rules and regulation have the force of law when not in conflict with the statutes or public policy of the State.”
Establishes the authority of state educational officials to issue binding regulations for school warrants
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Join FLexlaw to unlock all legal intelligenceThe County Board of Public Instruction ordered a county school warrant to be drawn and signed by the board's chairman. The county treasurer refused to…
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Whitfield, J.
An alternative writ of mandamus was issued in the Circuit Court commanding the County-Treasurer to pay a County School Warrant held by the relator, or to show cause for not doing so. The warrant was by the County Board of Public Instruction ordered to be drawn and was drawn and signed by the chairman of the Board. The return by answer avers that by Section 142 of the General Statutes, “the State Superintendent of Public Instruction is charged with the duty, among other things, of prescribing ‘regulations for the management of the department of public instruction;’ and * * * that the State Department of Public Instruction and the State Superintendent of Public Instruction, have ordered and required that all warrants issued by and under authority 'of the county boards of public instruction in the State of Florida shall not only be signed by the chairman of the board, * * but shall also be countersigned by the county superintendent of public instruction, as secretary of such board, and as county superintendent;” and that the warrant was not countersigned by the county superintendent of public instruction of the county, and as ex-officio secretary of the board of public instruction for the county. In an agreed statement it is stipulated “that all statements of fact made in the answer of the respondent are true.” The alternative writ of mandamus was dismissed and the relator took writ of error. The statute does not prescribe the form and manner of drawing county school warrants, but it does give to the State Board of Public Instruction and to the State Superintendent of Public Instruction such duties and powers as would authorize them to prescribe • rules and regulations for issuing, recording, paying and cancelling warrants drawn against school funds of the county; and such rules and regulation have the force of law when not in conflict with the statutes or public policy of the State. A regulation that such warrants shall be countersigned by the County Superintendent of Public Instruction is quite appropriate. He is by law ex-officio Secretary of the County Board of Public Instruction, with large powers and duties in the administration of the county school funds.
It is admitted “that the State Department of Public Instruction and the State Superintendent of Public Instruction, have ordered and required that all warrants issued by and under authority of the County Boards of Public Instruction in the State of Florida shall not only be signed by the chairman of the board, but shall also be countersigned by the County Superintendent of Public Instruction, as secretary of such board, and as County Superintendent,” and that the warrant was not SO' countersigned. Such a regulation being within the province of the stated officials of the Educational Department of the State, and not being contrary to any statute or public policy, but being a salutary regulation having the force of law within its proper sphere of operation, it should be complied with before the treasurer will by mandamus be required to pay a warrant not drawn in accordance with the reasonable and proper regulation.
The judgment dismissing the alternative writ of mandamus is affirmed.
Shackleford, C. J., and Taylor and Cockrell, J. J., concur. Hocker, J., takes no part.
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State v. McKinnon, 68 Fla. 548 (Fla. 1914)…one hour and to keep the morning teacher an hour after dismissal of her grade he declared it to be an interruption of the school work and was a mere subterfuge to make out the five hours of school prescribed by statute.” In State ex rel. v. Graham, 67 Fla. 321, 65 South. Rep. 945, it was held that the County Treasurer would not by mandamus be. required to pay a warrant drawn by the County Board -of Public Instruction and signed [*553] by the chairman of such board, when the warrant had not “been countersi…