THE STATE OF FLORIDA, EX REL. OTTO C. STEGEMANN, RELATOR,
v.
C. W. TOMLINSON, AS CITY CLERK, ETC., RESPONDENT
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The Florida Supreme Court granted a motion to quash an alternative writ of mandamus, refusing to compel the City Clerk to register electors who had paid their poll taxes within six days of the election. The court cited an apparent inconsistency between the city charter and general state election laws, and the lack of clarity regarding the relator's right to the writ.
The court granted the motion to quash the alternative writ. The court found an apparent inconsistency between the charter and general election laws, and noted that the relator's right to a peremptory writ was not clear, particularly given the short time before the election.
“It appears upon the argument of counsel that there is an apparent inconsistency between the Charter Act and the general election laws that are applicable to municipalities, relative to the time within which assessable poll taxes must be paid by otherwise qualified electors, and if inconsistent the charter provisions if valid would control under Section 24, Article III of the Constitution”
This quote explains the court's reasoning for quashing the writ, highlighting the potential conflict between the city charter and state law and the constitutional principle that valid charter provisions would control.
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Join FLexlaw to unlock all legal intelligenceAn alternative writ of mandamus was issued, ordering the City Clerk of Miami Beach to register electors who paid their poll taxes for 1930 and 1931 by…
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An alternative writ of mandamus herein was issued by this Court which in effect commanded the City Clerk acting as supervisor of registration of the City of Miami Beach, Florida, to note or to show cause for not noting an the registration books for a municipal election of city officers to be held on December 20, 1932, the names of all registered electors who shall have paid on or before November 26, 1932, said day being the fourth Saturday preceding the day of election, their poll or capitation taxes for the years 1930 and 1931, which it is asserted would accord with the general election laws of the State applicable to municipal elections and which general laws it is asserted are applicable notwithstanding charter provisions and ordinances authorizing the notation on • the registration books of poll taxes paid to within six days of the election. A motion to quash the writ and a motion for a peremptory *431writ were filed on December 17,1932, and the Court having given the questions raised by the motions such consideration as the limited time will permit, it is ordered by the Court that the motion to quash the alternative writ be granted upon the following considerations: (1) It appears upon the argument of counsel that there is an apparent inconsistency between the Charter Act and the general election laws that are applicable to municipalities, relative to the time within which assessable poll taxes must be paid by otherwise qualified electors, and if inconsistent the charter provisions if valid would control under Section 24, Article III of the Constitution; and (2) it is stated by counsel that the relator had previously obtained from a Circuit Judge an alternative writ of mandamus in the same controversy, which alternative writ was quashed. The election being only three days off and the right to a peremptory writ of mandamus not being clear, the alternative writ is quashed.
It is so ordered.
Buford C.J. and Whitfield, Terrell and Brown, J.J., concur.