The Lakeland evening telegram. (Lakeland, Fla.) 1911-1922, 1912-10-14
.TRAMMELL TRIES
TO LET PEOPLE
|HAvEEXPRESS|0N
APPEALS TO SUPREME COURT TO
SUSPEND INJUNCTION UNTIL
AFTER ELECTION.

General Park Trammell, on belalt
of rhc secretary of State, has entered
an appeal to the supreme ourt from
Tho order ol' Judge Malone granting
II temporary injunction restraining
tho secretary OF state from further
publishing the initiative ana reier-
cndnm constitui ional amenuihent
and submitting it to the voters III
the November election He Nester-
day presented his petition 70 the Su-
nrcmc Court asking for Il supcrs"dea'
order to suspend the cffnet and oD"-
ration OF the temporary inmn@t'o
-rantyd rs .hldao Nalone
TIE supreme Daar, has sot his ~
tition DOWN for hcarm on neNl
Tuesday. Tie hearins upon TINS re-
,.rion according to tie Slprem"
Court d. iaous her. 'oioie il not
hcaring upon The merits Of the APP
peal thai comes when tle case as
al appeal ease viii hc before the
court later bat is merely IN askii'@
OF the supreme Court that it suspend
the temporary Injunction untii
final hearing upon the appeal. III
This ease the court will il it grant.
The order as asked foi ~ Nh. Tram
NELL. allow the secretary OF stat"
to continue the publishing Of the
amendment and the voters to Not" on
the amendment in November. II
they refuse the order asked for by
Mr.. rammcll, then the temporary
injunction granted by Judge Malone
will T., main in effect and nothing
further can be done by the secretary
OF Stat, and the voters will not be
allowed to vote on the amendment.
Mr.. Trammcll seems firmly con-
vinrcd hat the law supports his
opinion 10 the secretary of State ad-
vising that the amendment should
be submitted and in support of his
fight in the courts h. earnestly con-
tcnds that when the proposed amend
~, h,. tn
House aud the Senate by more than
! three-fif.hs of the members of each
House and spread upon the journals
with tie yea ard my vote as it ap-
pears upon the journal, that all re-
| Quiremt ats Of the constitution ap-
plying to the LEGISLATURE proposing
and agreeing TO an amendment was
complete and iina.. That the amend
ment then passed into the possession
of the voters an,! mat although the
Senate thereafter attempted to recall
i. from the public. il had no author
ity 70 10 so That any attempted ac-
ton by the Senate thereafter was
without authority and of no effec;
! He says the courts have uniformally
held that the provisions of the con =
stitution for amending il and only
those provisions govern i'm proposing
! and agreeing ~ "a constitutional
amendment. That the courts hold
that when action is taken under
such provisions. the action is com =
plete within itself and that the pro-
visions of the constitution and the
law applying TO ordinary legislation
and legislative matters does not ap-
ply TO constitution making. The
courts hold that the Legislature in
proposing an amendment is not per-
forming legislative function and
not governed by legislative proce-
dure.
Every provision of the constitu-
tion having been fulfilled and both
houses having by a three-fifths vote
agreed TO the proposed amendmen;
as the record plainly shows. Mr..
Trammell says the attempted motion
TO reconsider was without authority
The amendment had previously b.
the action of both houses passed into
tie possession of the voters and the
Senate could no longer take any
lesal action thereon. Even if ths
Senate could have legally considered
is motion to reconsider. the allege,
motion which was made never r.
eelyed the necessary vote TO adopt il
fCansinuaS eo o.~> -