The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1912-10-10
Gov. Gilchrist Makes
a Reply to Trarnrnell


CONTINUED from First Page.)
correctly stated the facts, that the
proposed amendment had properly
passed the legislature. When my at
tention was invited to the fact that the
record Of the Senate Journal on pages
1897 and 149s had been suppressed, I
then became Of the opinion that such
proposed amendment had not passed
the legislature.
SAYS FACTS SUPPRESSED.
In that letter he stated above and
foregoing 10 a complete record Of the
actions Of both the house and senate
upon the said proposed amendment to
the constitution" 1t is quite apparent
that It is not complete journal
record"
The senate settled the following
point, page 1877:
'sMr. Caikins raised the point that
house joint resolution No. 22a having
been passed by three f1fths of all the
members elected to each house, and
the yeas and nays having been entered
upon their respective journals, the
senate cannot now reconsider their
vote, whereby said joint resolution was
moved that the motion to reconsider
house joint resolution No. 222 be
tabled, upon which yea and nay vote
was denanded-yeas Z, nays 21." $50
the motion to reconsider was not laid
on the table" ALSO the question re-
CURED upon the reconsideration Of the
vote by which the resolution passed
the senate. The yea and nay vote was
IA 80 eSS - 4 q
So the motion to reconsider was agreed
to-"
From Section OF Article of the
Constitution, each house shall = de-
termine the rules of its proceedings"
The senate and house made their own
rules. Each house interpreted it's own
rules. In the house the proposed
failed to pass. Under its
rules the proposed amendment was
reconsidered and then passed. In the
senate the proposed amendment was
passed. then reconsidered and the
same was LEFT as a pending measure,
dying on the calendar.
VOICE OF THE PEOPLE, ETC.
The following Is a decision Of the
supreme court in the case of West VS..
The State, so Fla, 1874.
In changes of the constitution the
popular voice is the paramount act
Where q proposed amendment to the
receives the affirmative
votes Of the required three-f1fths of
Ill the members elected to each house
Of the legislature, and such proposed
Is published and submitted
TO the vote of the people as required
and at the election is approved and
adopted by a majority OF the votes of
the people cast thereon, II becomes a
valid part Of the organic law. notwith-
the fact that the legislature
may have failed to have such proposed
entered at length upon the
Journals OF the two respective houses"
From this 1t will appear that the
proposed amendment to the constitu-
ton having been passed by both houses
OF the legislature and having been
ratified by the qualified electors, that
the mere technicality of spreading
the same on the journal was not of
such vital Importance as to defeat the
measure. The supreme court, how
ever, has never decided that the at
torney general OF the secretary of
state has the right to submit to the
people as a proposed amendment one
which has never passed the legisia-
ture. The very heart of the question
Is, Can anyone or any power propose
an amendment to the constitution
other than the Legislature?
Some seem to think that If such a
measure were ratified by the people
that the supreme court would be
scared out of its boots" to render 8
decision against the popular verdict
even If their Judgment and oaths of
office required such a decision. I, my
self, disagree with such. According to
the oath Of every registered voter in
Florida they have no right to even
vote upon a proposed constitutional
amendment which has not been sub
mitted by the legislature. The courts
alone have the power to decide this
question. The question of policy or
votes or popularity should not enter
this case. AS a matter of policy, If
the courts decide favorabIy on the
submission OF this proposition their
decision will assist in the passage of
this proposed amendment. If the
courts decide that this proposed
amendment has not been passed by
the legislature. It will be killed for
the present, as it ought to be, and as
every registered voter in Florida and
every officer in Florida. who have
taken the oath, should wish it to be.
AS a matter Of policy, If the proposed
amendment were ratified By the people
without the courts having passed on
this question. any law passed through
the operation Of the sans would
necessarily cause much litigation