54 Fla. 544 | Fla. | 1907
— O.11 June nth', 1907, The Evening News Publishing Company, a corporation, filed a bill of complaint in equity in the circuit court for Hillsborough county against the county commissioners and tax collector of Hillsborough county in which it is alleged that on January 8th, 1907, the county commissioners of Hills-
The powers and duties of county commissioners are purely statutory. Section 5, Art. 8, Constitution as amended; Board of Commissioners of Escambia County v. Board of Pilot Commissioners of Port of Pensacola, 52 Fla. 197, 42 South. Rep. 697.
Section 558 of the General Statutes of Florida providing for advertising and selling real estate for unpaid taxes requires the publication of the delinquent tax list in a newspaper, “said newspaper to be selected by the board of county commissioners.” The rates to be paid and the method of payment are fixed by law.
The county commissioners are not required to' make a contract for the public printing but only to select the newspaper in which the delinquent tax list is to be published. The mere selection of a newspaper to do public printing does not bind the newspaper to do the printing nor does the mere selection bind the county commissioners unless so provided by statute. There can be no such thing as a vested right in a mere selection or designation to do the public printing under the statute above quoted.
There is no allegation of an express contract other than the resolution designating the Evening News as the newspaper to do the legal printing. Such a selection or designation by the county commissioners implies the exercise of a discretion based upon' considerations of qualification, fitness, etc., for the work and is not of it
It is alleged that because of the designation of the Evening News the complainant “has gone to great expense in equipping' itself for the services to be performed under said contract and designation.” But it is also alleged that the original designation was made January 8, 1907, and that on January 24, 1907, the assets and good will and all rights, title, privileges and immunities of the Evening News passed to Stovall; that on February 6, 1907, the county commissioners reconsidered the designation of the Evening News; and that afterwards the complainant acquired the Evening News. Thus it appears that in sixteen days after the designation the Evening News passed to an individual, and thirteen days thereafter the county commissioners at a regular monthly meeting reconsidered the designation of the Evening News. Under these circumstances it does riot appear that the Evening News was misled to its pecuniary disadvantage. It is not stated when the complainant became the owner of the Evening News property except that it was after the designation was reconsidered; nor does it appear" in what manner or to what extent complainant has provided' equipment and has been injured by the reconsideration of the designation of the Evening News, even if the complainant could complain of it here.
The power given to the county commissioners by the statute to designate implies discretion, and includes the power to reconsider and to re-designate, when private rights are not directly injured, if the interests of the public require it; and the action of such officers is presumed to be in good faith for the public good.
It appears from the bill of complaint that- the Tampa
Upon the showing here the temporary injunction was erroneously granted.
The order appealed from1 is reversed.
All concur, except Shackleford, C. J., providentially absent.