The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1883-05-22
The Comm issiOner of Immigra-
ton.

ton.
Will Brother Fildes OF the Constitution, Inform
us under what circumstances the Supreme "urt
declared the act creating The Bureau al imhl-
lion nnconsii,"t;" Was u upon ca>r mat
came up under The law, or An advisory opinion,
or WHAT The Constifution of the 81 SAYS such
decision has been rendered bN The cnui; we
should he glad To- See it published and know all
about it, Possibly The FLoRIDIAN. whose near
ness to the throne gives il easy access I" III"
ords. will publish the decision and 'he occasion
of its rendition. We request il W do sn.-Sha-
ford Journai
Our understanding is that HE Governor acted
upon AN advisory opinion of the supreme Judges
who affirm that HE law providing for III mp
poiniment al Comm 'ssi"ncl "t lmml@rt'iru i
unconstitutional We hope the FLORIDIAN will
respond with Inc details aS requested hy he eli
tor Of The JOurnM Ii is Som hat rcnli ktblc
thai so many years >honll have elapsed ere an
astutc Cabinet officer should have discovered
that The Office Of Commissioner of Immigration
was unconstitutional. |, has bccn Suggested,
however, that there was a ne"f'~ thai influenced
the suggestion and consequent reference /" thc
court - N'nticelL' C"n@inti"" Nay /
AS the FLoRIpIAN is called on for in
formation, we give the facts as We under
stand them.
The "motive" which influenced thu
reference to the court viii he apparent
from what follows When Judge Whites
name was sent to the Senate for cnntirna-
ton as Commissioner oi Lands and I'm
migrati"n," there arose a doubt in the
minds of some of the judiciary Commit
tee of that body whether or not some leg
81,
ton Q of Article OF the Constitution of
1868, which provided that "thc Office f
Commissioner of Immigration Shall cx.
"pirr at the end of fifteen years from the
ratification Of the Constitution, hut :hc
"Legislaturr shall have the power to con
tinuc it by law. Owin- t" this doubt
the Chairman Of the Judiciary Committee
requested the Governor to get the inter
probation of the Supreme Court in al adj.
visorv opinion in order t" ascertain ii leg
islatiOn was required IN the premises.
SO much for the motive"
Under the Constitution of lS6e, in the
administrative department, there was a
Survevor-G General" who had charge ot
all matters app"rtaining to the public
lands. There was also a commissioner
Of Immigration, whose constitutional
duty it was To organize "A d" Bureau Of I'm.
migration" Sc. See Sections 6 aud Q,
Article :, OF the Constitution.
In 1871 the people ratified an amend
mcnt known as Article of Amend
ments, which is as follows: "The offices
" Of Survtyor-Gencral and Commissioner
" of immigration are hereby consolidated
Lands and Immigration The effect of
this amendment was TO abolish the offices
of Survever-(1enprai and Commissioner of
Immigration and to create a new office
under the name of Commissioner Of
Lands and Immigration" In their ahvi-
sorry opinion the Supreme Court say :
The effect of this amendment was that
from the date of it's adoption, the offices
"of Snrvcv"r-G General and Commissioner
of immigration no longer existed, Int
"Me substance, po,cer md du'itS Of eorh
were combined in one office, known AS
the Commissioner Of Lands and Immi.
grafton and there is in the Constitution
"no provision limiting the term of such
office" This would seem to be conclu-
sive. "The substance, power and duties :
of the offices OF Surveyorieneral and
Commissioner Of Immi gration were, by
the amendment ratified in 1871, devolved
on the Commissioner of Lands and Immi-
grafton, whose duty it is to organize a
Bureau of immigration" The Constitu-
ton certainly does not contemplate two
such Bureaus and it follows that the one
which it has created must stand while the
one established by statute must fall. The
conclusion, then, is simply ths-Judge
White is constitutionally the Commits
sioner Of immigration there is no Bureau
of immigration until he organizes one.
He can organize it outside of or within
the Cabinet, as he desires, depending upon
the willingness of those he appoints to
accept. He gets no increased compensa-
ton for his services.