Does the Inspection Law Apply to State Road Department for Inspection of Imported Cement ?
In State ex rel. Florida Portland Cement Co. v. Hale, 129 Fla. 588, 176 So. 577 (Fla. 1937), the State Road Department was sued in mandamus to force compliance with a statute requiring inspection of cement imported from outside of Florida.
In defense, the department challenged the validity of the inspection law.
Though the respondent's standing was not a question presented to the Court by the parties, the Court addressed the question anyway.
The Court determined that the state road department was required to expend public funds under the act and noted that "one who is required to pay out public funds should be at least reasonably certain that the same are paid out under valid law." Portland Cement, 176 So. at 585.
The Court therefore rejected any suggestion that the road department lacked standing to challenge the statute.