GEORGE M. POWELL ET AL., TRUSTEES, PLAINTIFFS IN ERROR,
v.
STATE EX REL. HORACE B. SNELL, AND J. E. T. BOWDEN, MAYOR, DEFENDANTS IN ERROR
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The Florida Supreme Court affirmed a lower court's decision to issue a writ of mandamus, ordering waterworks trustees to provide an estimate for budget purposes, but found the trustees' claim of exemption from budget liabilities was not properly before the court.
The court held that the record did not present the question of whether the Trustees were exempt from the budget system's liabilities and penalties, and therefore, this issue could not be decided.
“A peremptory writ of mandamus issued against the Trustees of the Waterworks and Improvement Bonds of the City of Jacksonville, ordering them “to forthwith prepare and submit to the City Council of said city an itemized estimate of the amount of money necessary and advisable in your opinion to spend in the operation, extension, enlargement and improvement of the electric light plant and waterworks of the said city during the ensuing year.””
Describes the order issued by the lower court that the Trustees were appealing.
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Join FLexlaw to unlock all legal intelligenceThe Trustees of the Waterworks and Improvement Bonds of the City of Jacksonville were ordered by a peremptory writ of mandamus to submit an itemized e…
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Per Curiam.
—A peremptory writ of mandamus issued against the Trustees of the Waterworks and Improvement Bonds of the City of Jacksonville, ordering them “to forthwith prepare and submit to the City Council of said city an itemized estimate of the amount of money necessary and advisable in your opinion to spend in the operation, extension, enlargement and improvement of the electric light plant and waterworks of the said city during the ensuing year.”
The City Council was entitled to this information in making up its budget and tax levy. This much is admitted, but the Trustees insist that to make this submission commits them to the liabilities and penalties of the budget system, from which they claim to be exempt, and the whole argument before us is directed to this question.
We fail to see, however, that the record presents this question, and so limiting our conclusions, no further discussion is needed.