The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1905-05-30
Matter Brought Up i'm
House on Bill TO
Allow Suit VS..
State.
Boards ARGUMENT
FOR CLAIMANTS
TOOK POSITION THAT LEeIsLA-
TURE CAN DO ANYTHING NOT
SPECIFICALLY PROHIBITED BY
CONSTITUTION iNDEFINITELY
POSTPONED BY ONE voTE.s
Special to The journal.

Tallahassee, May 29.-In the house
this afternoon the WALES claim was
made the occasion of a long debate.
The matter came up in the Snape of
house bill, SO amended by the SEN
ate judiciary committee as to permit
the claimants to sue the state. The
bill was indefinitely postponed by one
majority.
The house passed the following
bills: To provide for the cancellation
OF illegate tax sale certificates; fixing
the time for holding circuit court n
the 9Th judicial circuit; compelling
railroads to provide weighing scales at
certain points; refunding to Hillsbor-
ough county s4,700.91 armory rent;
authorizing the payment of interest on
school warrants; raising the COVER
nor's salary to $4,000; granting General
Miller, of Washington county, a pen
sion of s25 a month; congressional
memorial asking a $4,000 appropria-
ton for Carrabelle harbor.
Another license tax bill was intro
duced just before Adjournment
The senate has passed the bill pro-
v1dlng for a commission to select
site for new insane asylum
The house passed the bill increasing
the salaries Of state attorneys to
$500 per annum.
Boards Argument.
John S. Beard appeared before the
senate judiciary committee last Friday
and asked that the Wailes-Beard
INFANTS be allowed tournishctotfivoz.
claimants be permitted to sue the state
for the amount involved.
Mr.. Beard took the position that the
state can do anything not specifically
prohibited by tne constitution. II, he
declared, We want to find If congress
has a right to pass a law or repeal
one, We have only to turn to the con-
stitution Of the United States, and if
authority is not specifically granted
IN that instance, We may rest assured
that congress has no such rignt.
II, on the other hand, we wish TO
inform ourselves as to the powers of
the Florida legislature. We need only
turn to the constitution OF the, state;
and, if the authority is not specifically
denied in that instance, the legislature
has the right to act in that direction
Mr.. Beard contended that the.con
stitutional authority for the Legislature
to permit suits by general law was
no prohibition 20 a personal law per-
hitting suits by individuals, nor could
sucn a prohibition be found in the
constitution of our state.
He also contended that the clause
allowing the. legislature to pass local
or special laws in all except certain
enumerated cases, giving 60 days
notice on the locality interested, does
sary. as is shown by the fact that no
locality is affected, and by the further
fact that personal relief acts are pass
ed at every session, without such no
tice being given.
Mr.. Beard went on to say that in
the specification local and Special
that special is here synonymous
with local" and merely means special
legislature. affecting localities.
If, he declared, the opponents OF
this claim are sincere in their conten-
ton that the contract is not, valid,
they will not refuse permission to 90
into the courts and have that contract
adjudicated."
IF | am wrong" concluded Mr..
Beard, ''as to the constitutional power
OF the legislature 20 grant this per-
the courts will hold the law
to be unconstitutional, and the suit
will be dismissed. This tests the sin
cerity of those who contend that this
contract is not valid, and that nothing
is due under it."
The judiciary committee of the SEN
ate so amended the house bill on this
subject as 10 cover the point set forth
by Mr.. Beard in his argument, and
the measure was made a special
order for 4 o'clock this afternoon.