STATE OF FLORIDA, EX REL. JOHN S. TRICE, RELATOR,
v.
S. D. LAWHON, ET AL., AS COUNTY COMMISSIONERS OF WAKULLA COUNTY, RESPONDENTS
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This original mandamus proceeding in Florida's Supreme Court concerned the validity of a local law for nominating county commissioners. The court found the local law controlling and issued a peremptory writ.
Yes, the local law is the controlling statute for Wakulla County, and the proviso in the 1929 act is invalid. Therefore, the peremptory writ of mandamus should issue.
“Chapter 11319, Acts of 1925, a local law providing for the nomination of county commissioners by the electors of the county at large in Wakulla County, is the controlling statute upon the subject in Wakulla County, operating as an exception to the provisions of Section 362, Rev. Gen. Stats. 1920, Section 419, Comp. Gen. Laws 1927.”
Establishes the controlling statute for Wakulla County.
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Join FLexlaw to unlock all legal intelligenceAn alternative writ of mandamus was issued in an original proceeding. No response was filed by the respondents, the County Commissioners of Wakulla Co…
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Strum, J.
This is an original proceeding in mandamus in which an alternative writ has been issued, to which no response has been made.
The question presented here is settled by the principles announced in State of Florida, ex rel. L. S. Crump, et al., v. George J. Sullivan, as chairman and member of the board of county commissioners of Leon County, et al., decided at this term, 99 Fla. 1070, 128 So. R. 478.
Chapter 11319, Acts of 1925, a local law providing for the nomination of county commissioners by the electors of the county at large in Wakulla County, is the controlling statute upon the subject in Wakulla County, operating as an exception to the provisions of Section 362, Rev. Gen. Stats. 1920, Section 419, Comp. Gen. Laws 1927. The proviso appearing in the last' sentence of Section 18 of Chapter 13761, Acts of 1929, has been held to be invalid in the ease hereinabove cited.
No response having been made to the alternative writ herein, it is ordered that the peremptory writ do issue.
Terrell, C. J., and Whitfield, Ellis, Brown and Buford, J. J., concur.