Gainesville daily sun., 1909-07-01

Aampa MOTnhuS lElOuuCs ucohe W
submit through the columns Of your
paper for the consideration Of the
public some observations on the joint
resolution proposing an amendment TO
article XIX Of the constitution Of the
State Of Florida, relating to the manu-
facture and sale or other dis
posal Of intoxicating liquors or
beverages proposed by the recent
Legislature, commonly known as the
prohibition amendment. and to show
such irregularities I'm such amend
ment as will render II imperative.
The said Joint resolution. from a
copy furnished me by the Secretary
OF State, Is as follows:
Senate joint resolution proposing
an amendment to article XIX OF the
constitution Of the State OF Florida,
relating to the manufacture and sale
or other disposal of intoxicating II.
Quors or beverages.
BE IL Resolved by the Legislature
Oh Lue 6tdle VI rIOFlud'
That article XIX OF the constitu-
tion OF the State OF Florida be and
the same is hereby amended SO as
60 read as follows:
Article XIX. Section I. The manu-
facture and sale. barter or exchange
Of all intoxicating liquors and bever-
ages, whether spurious. vinous or
malt. are hereby prohibited In the
State OF Florida, except alcoholic. for
medical, scientific or mechanical pur-
poses and wine for sacramental pur-
poses; the sale of which alcohol and
wine for the purposes aforesaid shall
be regulated by law.
Section 2. The Legislature shall
enact suitable laws for the enforce
ment OF the provisions Of this article.
Section 3. This article shall go
into effect on the first day of July,
A. ID. 1911.
Passed by the Senate April %.
1909.
''F. NJ. Hudson. President Of the Sen.
ate.
&C. A. Finley, Secretary OF the Senate.
Passed by the House of Represent.
atives April %, 1909.
II. L. Farris, Speaker Of the House
OF Representatives.
-. @. Kellum. Chief Clerk OF the
House Of Representatives"
The constitution OF the State OF
Florida. which was adopted by the
electors OF said State at the general
election held in November. 1886, and
which by an ordinance Of said cons;i-
tuition became effective on January l,
1887, Is the organic law Of the State
OF Florida and is the direct express
sion OF the electors OF said State, as
60 limitations to be placed upon legis-
latiye authority and the powers and
duties OF the executive and judicial
branches OF the State government.
The trainers OF the constitution,
realizing that the demands OF the fu.
ture would necessitate changes In
the organic law. provided In said In
strument for amendments to be made
and the manner and form In which
said amendments are TO be made a
part OF the organic law.
The courts OF the State are called
upon to interpret phrases and por'
tions OF the constitution, as well as
the statutes of the State. II Is uni
formly held by the courts OF all
American States that interpretations
OF the constitution should be strict
and In accordance with the expressed
intent OF the provisions OF the consti'
tuition being interpreted. and that
the words thereof are to be given
their usual and ordinary meaning.
In the first place the said proposed
amendment is not an amendment OF
article XIX Of the constitution In that
article XIX of the constitution pro
vides for the sale of intoxicating IL
ouors and beverages and prescribes
their manner and sale. Whereas, the
proposed amendment 20 article XIX
seeks TO prohibit the manufacture and
sale OF such intoxicating liquors and
beverages. being thereby an entirely
different subject and foreign TO the
subject matter as expressed In article
XIX OF the constitution. II could