The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1912-10-10
GOV. G|LCHR|ST
MAKES A REPLY
TO TRAMMELL
SAYS THE INITIATIVE AND REF
ERENDuM MATTER Is NOT A
QUESTION OF POPULARITY OR
GETTING VOTES AND INsIN-
YATES THE ATTORNEY GEN.
ERAL HAS SUPPRESSED SOME
OF THE FACTS.

| Tallahassee, Oct. 9.--Governor Gill
christ today issued the following
statement:
In reference to the proposed amend
ment to the constitution, relating to
the initiative and referendum, have
heretofore refrained from discussing
the same.
On the signed petitions of numerous
responsible citizens, / sometime ago
submitted the question to the supreme
court The matter was prepared by
an attorney at his own initiation. 1t
was delivered to the justices without
the dotting of an I or crossing of j
7 on my part 1t was delivered for
their decision in the same spirit as
when a private citizen writes to secure
the opinion of the attorney general on
some legal question, the same Is sub
mitted to him. The supreme court de-
clined to decide the question.
Upon the signed petitions of various
responsible citizens instituted suit as
governor to restrain the secretary Of
state from the further publication of
the proposed amendment, etc. Ger
tain attorneys have been prominent in
this matter. The attorney general be-
ing disqualified, 1 appointed them un-
der Section SS of the General Statutes
to act for me, without fee.
REGRETS NECESSITY OF REPLY.
1 very much regret that the attorney
general, Hon. Park Trammell, in his
communication of October 4th, to
Messrs. Clarke, Finlayson, Johnson
and F1ournoy, the attorneys appointed
by me, made such reference to me as
necessitates this reply.
''To me it is apparent that you wish
to get decision prior to the recording
of the will of the voters at the polls.
1t Is apparent that Governor Gilchrist
desires this, or else he would have
waited until after the election to start
the suit" The sole question involved
is not whether it is popular or whether
one would gain votes for such a meas
ure to be submitted or not to the
qualified electors. but the question is,
has anyone else but the legislature,
under the constitution, a right to sub
nit a proposed constitutional amend
ment? Every registered voter in
Florida takes an oath to support, pro-
tect and defend this constitution.
Every officer in Florida, necessarily
including the attorney general, takes
such an oath.
printed this proposed amendment re-
quested the opinion of the attorney
general. In his published statement
of July 25. 1912, the attorney general
gave what purported to be the record
from the Journals relating to the sup
posed passage of this proposed amend
ment. He showed that 1t had passed
the house by the requisite vote. He
did not show, however, that the house
failed to pass the same, but after
wards reconsidered the vote, and then
put it on it's passage and passed it.
He showed that the same passed the
senate, was certified to the house was
recalled from the house. He referred
to pages 1897 and 1893 of the Senate
Journal He omitted to state that the
vote was reconsidered in the senate
by a vote of Is to 13 as shown on these
two pages. Under the rules OF the SEN
ate this then became pending matter.
The senate never afterwards put ii on
it's passage. 1t died on the calendar.
When he published his communication
of July 26th, agreed with him on the
face of his opinion assuming he had