City of Jacksonville v. Basnett
City of Jacksonville v. Basnett
Opinion of the Court
delivered the opinion of the court.
The appellees, Basnett and others, filed their petition before the Judge of the Circuit Court, under section 4, chapter 151, Laws, which authorizes the Judge to set aside an illegal assessment of taxes upon' petition setting forth such illegality, accompanied “with the evidence to sustain it.” At January Term, Á. D. 1883, a like case was presented to this court, and we there held that the assessment as it then appeared was not lawfully made. Basnett vs. City of Jacksonville, 19 Fla., 664. By reference to that case it will be seen that this court held that section 23 of chapter 1688, Laws, as finally amended by section 8 of chapter 3024, Laws, took away the power of the city to tax for general- municipal purposes ; that the assessment then complained of was an assessment of a tax for such general purpose, and that it was therefore an “ assessment not lawfully made.” Since that decision the Legislature has passed a statute, the purpose of which was to remedy the effect of that decision and to give vitality and effective operation to the assessments then made, so that the taxes might be collected and the municipal government maintained. The title of this act which
The position is now taken that this section legalizing and confirming these antecedent assessments'of taxes for general purposes of the corporation and the taxes so assessed and levied and not paid is unconstitutional and void,
It is insisted first that the statute is in conflict with section 14, art. 4, of the Constitution, which provides that “ each law enacted in the Legislature shall embrace but one subject and matter properly connected therewith, which subject shall be briefly expressed in the title.” This act in its title refers to antecedent legislation incorporating cities, and towns and establishing a system of municipal government. This clause proposes to give validity to assessments of taxes before that time made by cities and towns, but which had heen pronounced unlawfully made. The subject of the whole act from beginning to end concerns the matters of taxation by cities for municipal purposes. Here is-clearly one subject and matter properly connected therewith,, as the paying the expenses incurred in the past administration of the city government by collecting taxes for that purpose is a matter as much connected with the city as a provision for the collection of the taxes for the future. This case clearly comes within our ruling in Gibson vs. The State, 16 Fla., 291. All matters here properly connected with the establishment and efficiency of municipal governments in this State, including the general subject of taxation, past, present or future, would come within the subject expressed in the title to this act. Cooley Con. Lim., §144.
It is further insisted that the Legislature is prohibited from the enactment of section 3 of the statute by section 6, art. 13, of the Constitution, which provides that- “ the Legislature shall authorize the several counties and incorporated towns in this State to impose taxes for county and corporation purposes.” We presume that the clause of the Constitution to which reference is here intended to be made is section 6 of art. 12, which provides that “ the Legisla
The third section legalizes “ collections ” already made under such previous assessment. The purpose of .the legislature was to enable the city to collect from the resisting tax payer the same tax which the willing tax-payer had paid and the very best method to secure the uniformity and equality required by the Constitution was to adopt the assessment according to which other citizens had contributed to the expenses of the city. It is urged, however, that the Legislature, by thus acting, is itself levying the tax while the Constitution requires that it can only authorize the city to impose taxes ; the argument beiug that the previous assessment being unlawful for want of power in the city to levy the tax such assessment must be treated as if it “ had never been ” and that this act amounts to a direct levy by the Legislature. Whether the Legislature under our Constitution may directly impose a tax we deem it unnecessary to determine because in our judgment such ia not its act here. The Legislature here enacts that the act of the city heretofore void for want of power shall for the future collection of this tax be effective by the grant of
All the prior transaction that is here affected is this assessment. The tax, so far as it is to be collected, will be by virtue of an antecedent authority to impose it., which is granted to the city by the third section of this act. So far as the assessment is concerned the legislation is retroactive or retrospective and no objection can be taken to it except that it is retroactive. The past assessment as made by the city violates no organic rule of taxation or requirement of equality of uniformity or other limitation upon legislative power. The primary cause of the difficulty here was
The judgment and order is reversed, and the case will be remanded with directions to dismiss the petition.
Reference
- Full Case Name
- The City of Jacksonville v. A. D. Basnett
- Cited By
- 20 cases
- Status
- Published
- Syllabus
- 1. The title of a statute is “ an act to amend section 23 of an act approved Februory 4, 1809, entitled an act to provide for the incorporation of cities and towns and establish a uniform system of municipal government in the State.” The body of the act containing the amendment consists of three sections. The first section gives the city power to raise by tax and assessment money for general municipal purposes. The second section prescribes a method of valuation, limits the tax, and restricts appropriation. The third section legalizes assessments made before the passage of the act by the city according to the act then regulating assessments, and gives the power to enforce and collect the tax. The subject of the various sections of this act concerns the matter of taxation by cities for municipal purposes, and the general subject of the act as expressed in iis title is the establishment of munici- . pal governments. The-act, therefore, is not in conflict with Section 14, Article IY of the Constitution. The act embraces but one subject and matter properly connected therewith, and that subject the title briefly expresses. Gibson vs. The State, 16. Fla., 291, cited and followed. 2. An assessment of a tax is declared illegal by the courts for want of power in the municipal government' to impose such a tax. The Legislature subsequently legalizes the assessment and confers the power to levy the tax. The power to collect and to ■ levy is not retrospective, and to the extent that the legalizing the assessment is retroactive, it is within the power of the Legislature, unless there is some other objection to than that it is retroactive. If the assessment is such as the Legislature could have authorized at the time in the event the city had then the power to levy it, it can legalize it for future action by the city under the newly granted power. 3. The Legislature does not by such act directly levy the tax. The whole machinery for its assessment and collection is put in operation by the city except the original power to collect such tax, and this is simply an assessment and collection of a tax by the city, which tax is authorized by the Legislature : Quwe, Whether the Legislature can directly assess, levy and collect a tax of this character. (Section 6, Article XII, of the Constitution construed so far as it relates to this legislation.)