The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1909-04-09
JUDGE BULLOCK'S RECOMMEND
DATIONS TO THE
LEGISLATURE

Under the statutes of Florida it is
the duty of our circuit judges to make
such recommendation to the leSisla-
ture for the modification or repeal OF
existing laws or the enactment OF new
laws as they may think necessary.
In compliance with this statute
Judge w. S. Bullock of our circuit
has made the following recommends
tons:
Ocala. Fla, February s, 1909.
Hon. Park NJ. Trammell, Attorney
General. State of Florida, Tallahas-
see, Florida:
Sir-Pursuant to the constitutional
nrovision contained in Article V. Sec
ton XIII. | beg to call your attention
to and to suggest, such amendment
or additional legislation, as | deem
necessary.
Constitutional Amendments
In my judgment there should be a
general revision of the constitution OF
/ the state. and, for this purpose, d
constitutional convention should be
held. There have been so many
amendments proposed by the legisla-
ture. some of which have been adopt
ed. and some not, that it makes II eX-
tremely difficult now to know just
what are the constitutional provisions
of the state.
favor a constitutional convention
because. in my judgment, men who
are elected for their peculiar fitness
for such service, and are better quail
flied to frame an organic law than
the legislator who has not been spe
ciaIly elected with that view.
favor. also, the further amend
iment of the constitution in such man
ner as to separate and divorce the ad-
ministration of the criminal and com
mon law from the equity branch OF
1.-THE court
A Judge possessing eminent Qualiti-
cations as a chancellor who might be
just fair and with great reasoning
power. capable of discerning nice
equities and close equitable points
between Htigants, might not possess
in the same degree those qualifica
tons that best fit a Judge to sit ant
! administer criminal law
! II seems a little unusual that there
should vest in the same man, at the
same time holding q court, the power
of a chancellor. which, by a revolution
of his CHAIR, hc becomes a judge o
the common pleas court. and then by
a reverse revolution of his chair ho
becomes the judge Of the crimina
law of this state 1t is possible tina
we can find Judges who possess al
these qualities in the highest degree
, centering in one man, but the inCreas
ed labor now incident to the cirCui
judge fully justifics, if for no othe
4 reason. that there should be some 9th
: er courts established, and give
chancellor an opportunity to examine
} at least some of the many authorize
that are presented to him in intricat
and important matters involving mic
equities
1t is almost impossible now for an
!, circuit judge in Florida to give an
9 reasonable degree of time and after
e ton to the investigation of authorize
Y on intricate or complicated question
4 of law, but at best can only give it
o superficial examination, resulting S
f often in appeals, reversals, retrial.
n and multiplying costs to the litigants
7 citizens of the state.
:, If it is necessary, and possibly it i,
e there should be some revision of tn
/ constitution to the effect that when
1 man is tried for an offense, and COZ
n victed Of some lower grade of tn
d same character of Offense, that b
II cannot thereafter be tried for an
= higher Offense than that OF which h
was convicted, upon a theory that
V conviction for the lower grade is a
h acquittaI of the higher. This work
e an untold hardship to the state. Il
stances within my own Observable
e have been such that the state was III
[ able to secure, or had not learned
if the most convincing and conclusiy
n proof of guilt of the higher grade III
v til after the trial in which defendar
T. was convicted of lesser crime. TT
T. defendant had nothing to lose: the il
II vitatiOn to appeal is too tempting
Q he is now in no danger of a convi
if tiOn of the crime of which he is ac
p" ually guilty and the state can no
overwhelmingly establish, he take
n an appeal. and. if from some inadve
II tent remark, or indiscretion. on h
II part of the court, or other officers.
new trial is awarded him. not upo