The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1886-08-05
Mn. PAsCO's VIEWS.
He Gives Additional RoasoAs why
the New Consultation Shoald be
Rati0Od.


form No special law can be passed with ref
crcnce To any particular municipal government;
Il must be made applicable to Q whole class. A
system has been established under this constitu-
tional authority which requires substantially the
same machinery for the small town with 800 in
habitants as for the populous city with $4,000 or
more The inconvenience Of this has long been
felt its disadvantages manifest and numer-
GUS and the present Constitution affords no ade-
quate remedy II city is cursed with mis- gov
ernment if its officers are incompetent or I'M
faithful to their trust, its revenues wasted or
mis-appled, but one mode OF legislative relief
has been found under the Constitution OF 1858.
The tax payers and oppressed inhabitants must
endure their troubles and misfOrtuncs with pa
thence and resignation if their oppressors keep
the corporation only moderately in debt. But
if they run the debt up to certain limit and Of
tend the creditor by a continuous failure 10 pay
interest the people may obtain relief, not upon
the ground Of the injury TO them, but in the In
terest of the public creditor. The Governor has
power under such circumstances to set up pro-
visional government. But no legislation has yet
been able to provide for any permanent relief,
and it is a serious reflection upon our fundamen-
tai law to see even one city in the State placed
under provisional municipality, which Is viriu-
ally a temporary receivership. Such circum-
stance is confessed failure of the present sys-
tenn.
with the Legislature, where it should bc-where
the experience of other countries and older States
has long since indicated that it properly belongs.
The Legislature under the new Constitution can
establish and abolish municipalities, provide for
their government, prescribe their jurisdiction and
powers and alter or amend the same al any time.
TART. VIII, Sec. 81 And in each case such gov
eminent may be made to suit the wants and cir
cumstanccs or the particular town or city it is
intended for
49, The public school system is more liberal
and better adapted TO the local wants OF the peO-
pie. All capitatiOn taxes collected within
county belong to the common school fund of the
county. (Art. XII, Sec. o. The counties are re-
Quired to raise by taxation a definite amount OF
not less than three nor more than five mills on
all taxable property within the county for the
public schools of the entire county TART. XII,
Secs. 81 In addition 10 this and without disturb
ing the present system and arrangement, school
districts may be organized by the Legislature in
cities towns and other convenient divisions, and
whenever the majority OF the qualified taxpaying
voters therein 80 vote, an additional tax may be
levied upon the people of such districts, not to
exceed three mills on the dollar, for the exclusive
use of public free schools within the district
where such additional tax is raised. cart XII,
Secs. 10 and 11.) OF course such district gets its
own part and no more OF the school money from
the county fund. But if the inhabitants desire
greater and better educational advantages for their
x
secure them at their expense without increas-
ing the burdens Of people in other localities.
The other portions of the county, in which this
special tax Is not raised because the people decide
| TO rest satisfied with the ordinary schools, are
not injured, because the County Board of Public
Instruction keeps up, as now, the regular county
system OF public schools for them with their full
and undiminshed share of the school funds.
| ii The new Constitution enables the Legisla-
ture to make suitable provision for educating
| persons for the special work of teaching by
| ganizing two normal schools. art XII, Sec
| IA The necessity of this special preparation
| has long been recognized by educators wherever
| successful public school system has been or
| gained.
Is Provision has been made for State and
| County Boards of Public Health. (Art. XV).
49, The sureties upon the official bonds of
| State and county officers must reside and have
visible property within the State if State Off
| Ger, or the county if county officer. to make
| good the amount of the bond Cart. XVI, Sec.
| 49, This should ensure officers who enjoy the
| confidence of the tax payers and property hold
ers among whom they reside, and if there is de-
fault redress can generally be found where il Oc
ours, without going elsewhere to look for the
sureties. And if the circumstances of a surety
change il will be known by those whose interest
il is to obtain the proper remedy.
II. One Of the worst features of the old instru-
ment is the difficulty of amending it. Two sue
a
proposed amendment by twothirds vote of all
the members elected to each House and then it
goes to the people for final action. 1t has TO be
| a subject for consideration in three successive
| campaigns, and at the earliest possible period
result cannot be reached till the third year alter
the Legislature is elected which first acts upon
il. This, in practice has amounted, during the
| last ten years. TO prohibition, and the only
way to effect amendments, was TO revise
| the whole instrument. This has been done at
| a cost of over fifty thousand dollars.
Should amendments he desired after the new
Constitution is adopted, they may be proposed
| at any regular session of the Legislature and if
agreed to by three fifths vote OF all the men,
bers elected to each House. they 60 before the
people for final action at the next general cleo
| ton art XVII, Sec. ~ This causes no ad-
dtiona expense, and there seems to be sufficient
| safeguards to prevent hasty action.
49, shall mention in this list but one more
of the many features of the new instrument
which seem to recommend its adoption. 1t is
the separate Article on Local Option. TART.
XIX This separates the liquor question from
politics. 1t gives the people Of The counties and
election districts entire control of The question
to the sale of intoxicating liquors, at elections
| to be held not Oftener than once in two years
These elections are not 10 be held within sixty
days of election for National or State officers,
and are therefore removed from the excitement
| and influence which attend these occasions
This is difficult question and should be pre-
sented to the people by itself for direct action
1t is not wise to allow it to be used simply TO
elevate men to office, TO defeat the aspirations
of political rivals. 1t is of sufficient importance
TO stand upon its own merits and it is reasona-
BILE TO allow each community to decide for itself
how it will regulate this matter
There were two important questions upon
which the Convention was divided, upon which
the Democratic members were unable to come to
| general agreement. Q Whether Judges
should be elected or appointed? (2) Whether
the payment of capitatiOn tax should be n pre-
requisite for voting? AS il was impossible for
the advocates of each side to have their way, the
differences could only be harmOnized by mutual
concessions. The history Of similar Conventions
shows no other way to settle questions upon
which men hold positive and opposing views
The first was arranged by deciding upon the
election of Judges of the Supreme Court and the
appointment of the Circuit Judges Each mode
has been adopted at different times in the past
history of the State and each has gwen the pco.
pie upright and conscientious Judges AS neither
side had the right or power to cOerce the other.
it is difficult to see how fairer result could have
been reached.
The second was settled as the first was, by an
agreement among the members who composed
the majority of the Convention. The Legislature
was authorized to make the prerequisite If as
was Claimed, the people favor this mea ure, they
have the power to send a majority to the Legis-
lature to carry out their wishes. If they do not
favor il the insertion of the clause in the new in
strument might have rendered futile the entire
labors of the Convention.
Looking back UPON the history of the past it
is hard TO see how these divergent views could
have been better or moro fairly raconc;lod Al