The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1886-10-07
COL. CHENEY REVIEWED.
MIR. PascO Proves Bais Obi eGtiOns 10
the New Constitution Not
Well Taken.

MONTICELLO, Fla, October L.
To the Editor Of the Times Union
l have been absent from home for q short
time, and since my return friends have requested
me to reply to the article of Mr.. Cheney in your
issue of the 9th instant, on the One Man
Power " in the New Constitution.
fyour correspondent had refreshed his mem
mOry by reading over the present Constitution
Of Florida before he had written his article, he
certainly would not have made some of the
statements it contains with reference to this in
strument. Referring TO it he says:
"The present Constitution vests in the Govern
or the appointment Of every State and county
officer, except constables but there the power of
the Governor ends When An officer has been
appointed and qualified he holds his Office for
the specified constitutional term, absolutely in
dependent Of the Governor"
The supreme executive power of tn State is
vested in the Governor 1t is his duty to see
that the laws are faithfully executed If Mr..
Cheney was correct in his statement, he would
often be powerless. If his subordinate officers
were unfaithful or corrupt, the wheels of govern
ment might be stopped. Suppose the Tax Col
lectOrs should refuse to collect the taxes. Sup
pose the County Commissioners should refuse to
make the necessary arrangements 10 hold gene
should reuse TO open their courts. The judicial
arm of the government is proverbially slow, and
ii it were necessary in such cases to await its ac
ton, irremediable injury might be done to the
State. In most State governments there is there.
fore a speeder remedy Under the Constitution
of 1865 the Governor is clothed with power
when be deems it necessary, in some cases upon
his own responsibility, in others by and with the
advice and consent of the Senate. This power is
specifically set forth in three different sections.
In Article Nv, Section 80, it is provided that
all officers appointed by the Governor and con-
irmed by the Senate, except those subject to i'm
parchment, may be removed by the united
action of the appointing and confirming power,
without even assigning cause, or alleging
reason.
In Article V Section 10, il is provided that
the County Treasurer, County Surveyor Super
intendent of Common Schools and County Com
missoners shall be subject to removal by the
Governor, when in his judgement the public
welfare will be advanced thereby.
In Article vi, Section Is, il is provided that
Justices of the Peace shall be subjec; to removal
by the Governor for reasons satisfactory 10 him.
The power thus granted is absolute and the
Executive is accountable to no one for his rea-
sons. His action can only be reviewed by the
people at the polls. Although the necessity for
the existence of such power is recognized, it is
not guarded by safe restrictions IN the Consti.u
ton OF 1858. The removed officer Is without
improper exercise of this authority may drive
him from lucrative and honorable position to
poverty with blot upon his good name and he
Is without redress.
In the new instrument the rights of the officer
are protected. The cause of suspension must
be communicated TO him, and TO the Senate
at its next session. The Governor has power to
examine into the truth of the charges against
the accused officer himself and if the evidence is
not sufficient 10 sustain them he can restore the
accused 10 his Office. II he is not restored be-
fore the Sennte meets, that body has jurisdiction
of the case, and If the charges are not proven The
Senate will refuse to remove the officer and he
resumes the duties of his office, and il the Sen
ate fails to take action at all, the failure to act
reinstates him. When he is thus restored 10 his
position he suffers no loss OF salary or other
compensation in consequence of his suspension.
In no case can any officer be removed
from Office except by and with the
consent of the Senate, under the New Con-
stituton, as several classes of officers can be I'M
der the sections of the present organic law al.
ready referred 10.
The new instrument is certainly less subject
to the objections urged by your correspondent
than the old, as a comparison of the full text of
Article Nv, Section Is, with the ctiOns of the
old instrument will prove.
In a latter article upon the same subject in the
Florida Herald OF yesterday, which have just
seen, Mr.. Cheney continues the subject and seems
to argue that the New Constitution vests in the
Governor the arbitrary power to suspend or re.
move some classes of officers.
The power to remove is given in these words
The Governor, by and with the advice and
consent of the Senate, may remove any officer,
not liable to impeachment, for any cause above
named" The causes named are maIfeasance,
misfeasance, neglect of duty, commission of
felony, drunkenness and incompetency.
The remedy in such cases when the Senate is
not In session is by suspension, TO continue I'M
til the adjournment OF the next session of the SEN
ate. The cause of removal Is then submitted
to the Senate. unless the Governor has upon an
investigation of the charges pronounced them
untrue But the section goes on to provide as
follows: " If the Senate shall refuse 10 remove
or fail IL take action before its adjournment, the
officer suspended shall resume the duties of the
Office. go No officer suspended who shall under
this section resume the duties OF his office shall
suffer any loss Of salary or other compensation
in consequence of such suspension Surely il
cannot be fairly charged that this is more arbi-
trary than the old instrument, or that it makes
the Governor an autocrat
8. PAsCo