The Palatka daily news. (Palatka, Fla.) 1884-1888, 1886-10-06
COL. CHENEY REVIEWED.
Mr.. Pasco Proves His Objections Il
the New Constitution Not Well Ia
ken.

the New Constitution Not Well Ia
ken.
MONTICELLO, FLA, Oct. /.
Editor Times Union:
have been absent from home for "a
short time, and since my return friends
have requested Inc to reply TO the article
of Mr.. Cheney in your issue of the 27th
instant, on the Zone Man Power" in the
New Constitution.
If your correspondent had refreshed
his memory by reading over the present
Constitution of Fiorica before he had
written his article, he certainly would
not have made some of the statements il
contains in reference to this instrument.
Referring to it he says:
THE present Copstitution vests in the
Governor the appointment of every
state and county officer, except ccnsta-
bles, but there the power of the Gov
ernor ends. When an officer has been
appointed and qualified he holds his of
flee for the specified constitutional term,
absolutely independent Of the Governor.
The supreme executive power of the
State 10 vested in the Governor. 1t is
his duty to see that the laws are faith
fully executed, If Mr.. Cheney was cor
rect in his statement, he would often be
powerless. If his subordinate officers
were unfaithful or corrupt, the wheels
of government might be stopped. Sup
pose the tax collectors should refuse to
collect the taxes. Suppose the County
ommissioners refuse to make the nee
essary arrangements to hold q general
election. Suppose the Justices of the
Peace should refuse to open their courts.
The judicial arm Of the government is
proverbially slow and if it were neces-
.ary in such cases to await its action,
irremediable injury might be done to
the State. In most State governments
there is therefore a speedier remedy.
Under the Constitution of 1868, the Gov
ernor is clothed with power, when he
deems it necessary, in some cases upon
his own responsibility, in others by and
with the advice al d consent of the SEN
ate. This power Is specifically set forth
In three different sections.
In Article " Section 80, it is provided
that all officers appointed by the Cover
nor and confirmed by the Senate, except
those subject to impeachment, may be
removed by the united action of the APP
pointing and confirming power, without
even assigning a cause, or alleging a
reason.
In Article V Section 10, it is provided
that the County Treasurer, County Sur
veyer, Superintendent of Common
Schools. and County Commissioners
shall be subject to removal by the Gov
ernor, when, in his Judgment, the pub
lie welfare will be advanced thereby.
In Article VI, Section 10, it is provided
that Justices of the Peace shall be subject
to removal by the Governor for reasons
satisfactory to him.
The power thus granted Is absolute
and the Executive Is accountable to no
one for his reasons. His action can only
be reviewed by the people at tho polls.
Although the necessity for the existence
of such a power is recognized, il is not
guarded by safe restrictions in H. Con-
stitution of 1858. The removed officer is
without remedy If unjustly treated. An
arbitrary and improper exercise of this
authority may drive him from a lucra-
tive 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 pi detected. The cause of
suspension must be communicated to
him, and to the Senate at its next ses-
sion. The Governor has power to exam
inc into the truth of the charges against
the accused officer himself, and if the
evidence is not sufficient to sustain
them, he can restore the accused to his
office. If he is not restored before the
Senate meets, that body has jurisdiction
of the case, and if the charges are not
proven the Senate will refuse to remove