The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-04-23
G|LCHR|STS
MESSAGE To
LEGISLATURE
SENDS A SPECIAL ONE IN WHICH
HE URGES THE PASSAGE OF
ACTS AND AMENDMENT TO
OTHERS.
By ]. n, Reese.

Tallahassee, April 22.-Gov. Gilchrist
sent the following special message to
the legislature Thursday:
Gentlemen of the Legislature:
On page 307, "a Florida Reports, the
supreme court, June term 1883, in the
case of the State ex rel Boyd ct al V
Deal: 1T cannot be said that the gov
ernor is no part of the law making
power; he is made a part by an ex-
press provision of the constitution,
Section % of Article III. His partici-
patton in the making of laws is ex-
pressly provided for as an exception to
the general prohibition of the second
article of the constitution against any
person properly belonging to one de-
partment of the government eXercis-
ing power appertaining to another de-
partment. Bysuch section % every bill
that may have passed the legislature
must, before becoming a law be pre-
sented to the governor; If he approves
he shall sign it, but il not he shall
return it, with his objections, to the
house in which it originated" and a
two thirds vote of the members pres
ent in each house is necessary to
make it a law against such objec-
tons" On approving a bill. the gov
ernor's vote in the affirmative is prac-
tically equivalent to that of a member
of either branch of the legislature.
When he disapproves of a bill, that is
votes in the negative, it is equivalent
two thirds vote of the members pres
ent in each house" The governor
speaks to the legislature through mes
sages. 1t is his duty to do so. Sec
ton 3, Article " of the Constitution,
The governor shall communicate by
message to the legislature at each
regular session, information concern
ing the conditions of the state, and
recommend such measures as he may
deem expedient."
Your attention is invited to Section
1852 of the General Statutes of the
State of Florida, Married Women's
Acknowledgements. ITO render such
sale, conveyance, mortgage or relin-
punishment, whether of separate estate
or of dover, effectual to pass a marri
ed woman's estate or right she must
acknowledge. before some officer. au-
thorized to take acknowledgements of
deeds, separately and apart from her
husband, that she executed the same
compulsion, constraint, apprehension
or fear of or from her husband, and
the officers certificate shall set forth
all the foregoing requirements"
Certificate Defective.
In the case of Durham VS.. Stephen
son, Al Fla, January term, 1899, the
supreme court held This certificate is
obviously defective because it failed to
show that Mrs. Stephenson acknowl-
edged that she executed the same
freely and voluntarily, and without
compulsion, constraint, apprehension
or fear of or from her husband" The
supreme court held that this is man
datory. Owing to the law and the
precendents, the supreme court nee
essarily rendered such a decision.
have no desire to criticise from a per-
sonal standpoint any member of this
honorable court. 1t is the law and the
system of procedure and not the mem
bers of the court to which my remarks
are directed.
Deeds Are Invalid.
Chapter 5412 Laws of Florida, en-
acted in the year 1905, was enacted to
cure defects in all deeds or convey
ances, mortgages, etc, where, in &C
acknowledgements for the relinquish-
ments of dover, there had been omit
ted either or all of the words CON
straint, compuIsion, apprehension or
fear" 1t appeared that in one coun-
ty the clerk of the court had had
prepared and distributed free, deeds