# Earle v. Dade County, Florida

> Supreme Court of Florida · July 29, 1926 · 92 Fla. 432

URL: https://www.frixlaw.com/law-library/cases/3390348

## Case

- **Full name:** George H. Earle, Jr., Appellant, v. Dade County, Florida, Appellee
- **Court:** Supreme Court of Florida
- **Decided:** July 29, 1926
- **Citations:** 92 Fla. 432; 109 So. 331
- **Precedential status:** Published
- **Opinion:** Concurrence by Ellis
- **Judges:** Ellis, Brown, Whitfield, Buford, Strum, Terrell
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3390348

## Opinion text

Ellis, J.,
concurring.
I concur in the conclusion reached in this ease upon the ground that a “county purpose,” within the meaning of that phrase as used in Section 5 of Article IX of the Constitution, is any governmental purpose which the Legislature may, within constitutional limitations, authorize counties tct execute as political divisions of the state which puropse has not been declared by the Legislature or Constitution to be-:-a state purpose.
The Constitution creates the office of Commissioner of Agriculture and leaves the duties to be performed by such officer to be prescribed by the Legislature, Article IY, Section 26. The policy of the government of this State, as organized under the Constitution of 1885, therefore extends to the making of adequate and appropriate provisions for encouraging and developing the Agricultural Industry in this State.
That purpose has not been declared by the Legislature to be a state function to be directed and executed in every detail by state officials, bureaus and commissions in every county or political division of the state but there has been left some phases of the general piirpose to be executed by counties as a county purpose.
When the Legislature authorizes a county in that behalf to maintain agricultural fairs and erect buildings for the purpose it inferentially, if not directly, declares such ae-tivity to be a county purpose and in doing so the Legislature acts within the constitutional limitations upon its powers.
Whitfield and Buford, J. J. concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3390348. Public record. Not legal advice.