The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1912-10-05
PEOPLE ARE PARAMOUNT
10 IL Up fo Them to Decide ON the
Initiative a1d Referendum
Amendment

Hon. II. Clay Crawford, Secretary Of
State, Tallahassee. Fla. Dear Sir: In
regard TO the conference on yesterday
with Governor Gilchrist and Senator
Finlayson a which time the governor
indicated that the was considering
bringing a suit against you 20 enjoin
you from further publishing the pro-
posed initiative and referendum con-
stitutiOnal amendment and requested
you to agree TO said suit as a friendly
suit, / wish TO say that in view of the
fact that our supreme court as we'll as
a number Of courts of other states
have held that in considering the va
lidity Of a constitutional amendment
the vote of the people or the popular
voice is the paramount act, / do not
think ii advisable for you to accede TO
the governors request, as the result
sought " such suit would be 10 head
off and prevent the voters from hav-
ing the privilege of recording their
will-the most important step effecting
the proceedings relative to the adop-
tion of a constitutional amendment. AS
i previously advised you, / believe the
amendment is being legally published.
If the validity of the submission of
the amendment could be tried only
10 lHe VOTING upon the same DS
the electors, then could see some
reason for agreeing to a friendly suit
at this time and would gladly agree to
il, but such is not the case. If Gov
ernor Gilchrist and Mr.. Finlayson de-
sire to have settled nothing more than
the validity of the adoption of the
amendment if approved by a majority
Of the voters, and do not have the de-
sire to cut the voters off from voting
on the proposition, their purpose could
as we'll and effectively be accomplish
ed by instituting a suit following the
election, at which time | would be
pleased to assist them in getting as
early adjudication of the questions in
volved possible.j
Seeing no reason for so doing and
knowing no public demand for such
action, / do not at this time. feel dis
posed to agree to any step which
seeks to prevent the electors from
voting on this proposition in Novem-
ber.
If a majority of the electors vote for
the amendment, Immediately following
the election, any taxpayer for the pur-
pose of getting the decision of the
courts upon the validity of the adop-
tion of the amendment may test the
question by a suit to enjoin either the
comptroller or the governor from
signing the warrants for the publica-
tion of the proposed amendment \
suit by Governor Gilchrist prior to the
election can do no more, except if he
should be successful he would accom-
plish the further purpose of depriving
the voters of voting on the proposition
and bar them from recording the pop
ular voice which the courts say is
paramount.
If the governor desires to attempt
such proceedings. 1 do not believe the
public good would be subserved by
you making an agreement with him
that the suit should be friendly suit
/ think you should be free to raise the
question as to his authority as gov
ernor to bring the suit and to raise
any other points you may desire
Y ours very truly,
Park Trammell, Atty Gen.
Tallahassee. Fla. Oct. 2, 1912.