The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1912-10-16
IN
OPEN LETTER..
MAKES REPLY
JOHNSON WITH ARGU-
MENT THAT HE Is SWORN TO
CONSTITUTE LAWS TO BEST OF
HIS ARILITY-NoT TO AGREE
WITH OTHER LAWYERS.

Tallahassee. Oct 15.-Park Tram
nell. democratic nominee for COVER
nor, viii today make reply in an
open letter to J. B. Johnson, of Live
Oak, Fla. whose criticisms of his
stand on the proposed initiative and
referendum clause MIR. Trammell con-
been disregarding the constitution,
and, thereby, his oath of office as at
torney general of Florida.
In the letter, which is released for
publication In The Journal this
says that disagreement with the
views of another lawyer does not
necessarily mean that there Is any
dereliction of duty and backs up his
argument by showing that lawyers
at times and yet not break their
oaths.
The letter:
Tallahassee. Fla, Oct 15, 1912.
Hon. ]. B. Johnson, Live Oak, Fla.
Dear Sir-Your letter criticising
me In regard to the opinion l gave
on the submitting Of the initiative and
referendum for the approval or re-
election, though lengthy. when boiled
down it means nothing more or less
than that you attempt to make it
appear I have forgotten my sworn
duty as an officer and have disre-
garded the constitution, for the sim
PIE reason that my conclusions in this
matter do not tally up and agree with
Mr.. Johnson's views. For nearly four
years I have been giving legal advice
to the state officers as required of
me as attorney general and in no in
stance have I felt it my duty to first
ascertain your views and then agree
with them and in this instance I have
no apology for not becoming a mere
figure head to voice your conclusions
Of the law upon the matter involved.
appreciate counsel and suggestions
and will give them due consideration,
but when it comes to giving an opin-
ion, that opinion Is going to be ac-
cording to what think the law and
Justice, and not an expression of the
views Of some other lawyer who may
| criticize me for not thinking as he
| thinks.
LIKES TO BE AGREEABLE.
Il like to be agreeable, but I am
not going to disregard what I think
my duty to be so. why, applying
your unreasonable and unfair argu-
ment to yourself you stand branded
and already condemned for disregard
of duty aud your oath as a lawyer
/ and for ignoring the law and the
constitution. You have given your
| opinion to clients and received a fee
for services. another lawyer would
| n lisa - krfa
on and the judge would also disagree
| with you. Under your illogical rea-
soning on duty every circuit judge
and every supreme court Judge at
some time has been guilty of a dis
/ regard of duty. and ignoring the law
and the constitution. Circuit Judges
| disa gree in constituting the same law
i The supreme court disagrees with
circuit judges; supreme court judges
disagree among themselves; the Unit
ed States supreme court disagrees
with the state supreme courts. Are
1 You going to say that for the reason
Of the difference in constituting and
/ applying the law and the constitution
they have disregsrded their solemn
duty and ignored the law and the con
stitut:on.
IE my opinion to the secretary.
1
| did not attempt to set out word fol
word the journal entries upon the
proposed amendment. My failure tc
make reference to an entry which
regarded under the law as Of no eff.
feet whatever was not an attempt
on my part to suppress the entry
You and your associate counsel IL
your statement before the court of the
journal record concerning the pro.
posed amendment omitted one entry
Did you do this to suppress the en-,
try. Your associate counsel say no
and that 1t was omitted because i
had no bearing upon the question
Then what is sauce for the goose II
sauce for the gander.
You have right to your views:
have a right to mine. You are the
keeper of your own conscience; I an
the keeper of mine. You are t.
Judge what is your duty, whether 20,