The Palatka news and advertiser. [volume] (Palatka, Fla.) 1908-19??, 1912-10-11
TRAMMELL is RIGHT.

Attorney General Park Tram NELL has
again shown his metal TO have the
clear ring. Only the other day Gov.
GilchriSt through his attorneys, ], B.
Johnson, I. L. Clark, w. w. Flornoy
and D. A. FinlaySon, instituted suit in
the circuit court OF Leon county
through an application for a temporary
Injunction 10 restrain Secretary oil State
II. Clay Crawford from placing on the
official ballot the question of embody-
ing the principles of the initiative and
referendum as part of the state con
titution. This question the Secretary
of State has already embodied in the
official advertisements calling for the
election, and the suit is TO enjoin him
from further publishing that part of the
advertisement and from placing the
proposed amendment on the ballot
These lawyers urged the Secretary of
Stale TO consent 10 friendly suit and 10
join in hurrying the matter through the
courts, Secretary of State Crawford
turned the matter over 10 Attorney
General Trammcll, who of course will
appear as attorney for the State, and
that official has written a real juicy
letter TO Secretary Crawford declining
TO assist in expediting the matter before
the courts. In this letter Mr.. Trammel
states number OF reasons for declining
10 enter the game, one OF which will
suffice. He says:
81 wish 10 say that in view OF
the fact that our supreme court as
well ,aS number OF courts of other
states have held that in consider
ing the validity OF constitutional
amendment the vote of the people or
the popular voice is the paramount act,
| do not think il advisable for you 10 &C
coed TO the Governors request, as the
result sought by such suit would
be 10 head off and prevent the
voters from having the privilege OF
recording their will-the most impor
tant step affecting the proceedings rel.
alive TO the adoption of a constitutional
amendment. AS | previously advised
you, believe the amendment is being
legally published.
'If the validity OF the submission of
the amendment could be tried only prior
10 the voting upon the same by the cleo
tors, then | could see some reason for
agreeing 10 a friendly suit at this time
and would gladly agree 10 it, but such is
not the case. II Governor GilchriSt and
Mr.. FinlaySon desire the validity of the
adoption of the amendment if approved
by a majority OF the voters, and do not
have the further desire TO cut the voters
off from voting on the proposition, their
purpose could as we'll and effectively be
accomplished by instituting a suit fol
lowing the election, at which time |
would be pleased TO assist them in get
ting as early adjudication of the
questions involved as possible. See.
ing no reason for SO doing and knowing
no public demand for such action, do
not at this time feel disposed TO agree to
any step which seeks to prevent the
electors from voting on this proposition
in November.
'lf 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
adoption of the amendment may
test the question by a suit TO
enjoin either the comptroller or the
governor from signing the warrants for
the publication OF the proposed amend
ment. A suit by Governor Gilchrisl
} prior 10 the election can do not more,
except if he should be successful he
would accomplish the further purpose of
depriving the electors of voting on the
proposition and bar them from record.
ing the popular voice which the courts
say is paramount"