Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1909-06-29

.I. OIL. rHrH ..h"N 81. I..f III
nar1 m tI. irr.,rf f.r.. sH fHHf
.r. provision. .I tt. constitution 81.
.ItUUra amendment chow U.Hfl.
CHAT UI. wi,utIHu vl. tH1t au.rt
u.uts srrulI 1Ep effect umldntrlt
up.D th.F approval Co., thr ,l.Ciors
1s provided tHDi,In. aud tiat iho
LEGISLATURE n Iropoaiue amendments.
'r tho electors. m adoltIng amend
w,uts could not extend co. yulargo
This u,3unl
section 9 of the Proposed amend.
mout under discussion provides a.
follows.
Sec % THIS article shall 50 into
effect on the FIRST day Of July, A. u.
ieIi.
Now I submit that this proposed
amendment o. In direct conflict with
the constitution respecting amend.
mcnts. aud therefore a. such. o. void.
as the legislature proposing and the
electors adopting amendments are
not authorized to set the time ahead.
other than provided by the constitu.
ton when amendments shall become
effective. Now then. this being the
case. the question would be- what ~.
feet would this have upon the amend.
ment should the electors az the gener.
al election OF 1910 adopt the amend.
ment? II Is certainly clear that sec.
ton Of said amendment Is I'm pari
materi Of the other portions of the
amendment u Is made part and
parcel OF the amendment and u one
part Of the amendment Is submitted
unconetltutlonally q would render
the entire amendment imperative
and void.
Now upon the other hand. should
Il be held that the proposed amend
ment is constitutionally submitted
and that the electors At the general
election In 1910 shall by a majority
vote adopt the same. aud that the
amendment shall become part OF the
constitution legally On the first day
II July 1911. then there viii occur
this irrcgularity. Then said amend
ment does not provide any penalty for
4 violation Of the provisions Of said
amendment. but section 9 thereof
provides that the legislature shall
enact suitable laws for the enforce.
ment OF the provisions OF this article.
thereby rendering the said amend
ment imperative until the Legisla.
mre shall have prescribed laws foI
the enforcement OF its provisions.
The amendment, according Co It's
own terms. will not become a part
OF the constitution until July I. 1871,
therefore the LEGISLATURE which con.
tenes in the biennial session IN 1871
viii have adjourned pIiUr 10 the time
the amendment becomes operative.
and therefore the legislature OF 1911
In It's regular session will have no
power 90 exact laws for the enforce.
ment Of this article. for when a legls.
latlye body acts under a special
granted power Il certainly cannot act
until such time when such grant OF
power becomes operative.
Under the provisions OF the consti.
tuition Of the State OF Florida q T.
provided that dcts Of Legislature shall
become operative sixty DAYS aftes the
cnal adjournment 81 said body unless
they shall name a different time. un.
der which provision the Legislature
can provide that its acts shall take !
effect Immediately upon their pass
age and approval Il could not be-
held that the Legislature could |
enact suitable laws 90 enforce the /
provisions Of this article 90 become |
effective sixty days after its hnal adj
iournment and thereby be- within the |
time when this amendment shall be-.
come effective, for the Legislature |
must have power at the time n acts. I
and cannot anticipate a future event, 7
and IL cannot act in this instance until
IL becomes a part Of the constitution,
"a hlch viii not be the case until az
.er the nual adjournment Of the
legislature OF lFil
The result of thls State of Affairs
should the amendment bo adopted De-
nat after thr fr.t d1y of July 1914.
.ho constitution viii prohibit the
pud salo. barter or eK
.Lauea of Intoxicating liquors or bow
.ue.s. lut there vim o. u0 penalty