The Palatka news and advertiser. [volume] (Palatka, Fla.) 1908-19??, 1913-10-10
FEARNSEpE Views
WITH ALARM
Possible Defect in Law and
Urges Governor TO Call
LEGISLATURE.

Chairman F. ]. Fearnside OF the State
Democratic Executive Committee and
one of Florida'S most experienced poll
licianS, is inclined to the opinion that
the law passed by the recent Legislature
creating four congressional districts, is
faulty and under certain contingencies
might give trouble.
For this reason he has asked Gov.
Trammell to convene the legislature in
extraordinary session 10 RENE dy the real
or fancied defect. Chairman FearnSide'S
letter to the Governor is as follows:
Palatka, Fla, Oct. 8, 19l3-Hon.
Park Trammell, Governor of Florida,
Tallahassee, Fla: Dear Governor: In
view of The alleged defects in chapter
6472, Laws of Florida, passed at the last
session of the legislature, known as the
new Congressional RediStricting Act,
dividing the state into four congreSSion-
al districts, and the conflicting opinions
prevalent upon the validity of the act, as
also the various proposals OF an adequate
remedy of the two alleged defects ap-
pearing in the printed laws, published
by authority of law under the direction
of the attorney general, which alleged
defects are that the word third" in sec
lion three of the act should read sec
ond," which is said 10 be merely prin-
lers' clerical error, the enrolled copy OF
the law in the office of the secretary Of
state reading second" and section 7,
which reads. This act shall take eff
feet at the expiration of the present
terms of office of the congressman now
serving from this State," in view eSpe-
cially of the seventh section of the act
as above quoted; out of an abundance OF
preCaution and upon the wisdom of the
universally accepted maxim, THAT an
ounce Of prevention is worth a pound
of cure" feel ii a duty incumbent
upon me as chairman of the Democracy
of the state to submit that after having
gwen the matter careful consideration,
and al the urgent request OF many Demo-
Gratis high in the party councils who co
incidc with me, that the SureSt, safest
and wiSeSt course 10 be pursued is 10
call special session Of the legislature
fOr the purpose of amending this act so
as TO make il comply with the undiSput-
ed intelion of the legislature when pass
ing it, namely: That four congressman
shall be elected from the state, one for
each of the four congressional districts
as named in the new rcdiStrictng act,
whose terms of office shall commence
on the fourth day of March, 1915, being
nominated therefor respectively under
the new primary law at the state pri-
mary election in June, 1911.
There are very cogent reasons that
n a., fr, no oil
is said that the law might be carried be.
fore the courts and that the courts might
declare that act valid, upon the pole
star doctrine of the construction Of stat.
utes that the intention Of The Legislature
should control, il being unqueStionably
admitted that the intention of the lcgis.
lature was that four congressman should
be elected, one for each of the four dis
triCts named, whose terms of office
should commence on the fourth day ol
March, 1915. We then might duly pro
ceed under such construction; on the
other hand, it is entirely possible, tC
which possibility great weight should
be given, that in such event should the
Sixty,fifth congress happen to show {
small Democratic majority, and the Op
position had the power they would un
doubtedly declare the Florida dclega
ton in the lower house of congress va
cant, upon the ground that these fou
districts did not exist, as shown paten
upon the face OF the act, until the lourtl
day of March, 1915.
OF course, we are not looking 70
such a disaster, but the price of Demo
cratic aSCendcncy, which is coCqua
with liberty, is eternal vigilance. Or
the courts might declare the act void
which would neceSSitale the calling of
special session of the legislature in or
der to sustain the states representation
in the lower house of congress Oh
we might treat the law as void withou
the intervention of the courts and cleo
three members of congress and cor
gresham at-large under the old di.
triciS, in which event, in such contir
genCy as first above outlined, We migl
run the risk OF having our delegation i
congress denied their seats upon th
ground that no such districts existed.
Therefore, beg TO reiterate that III
matter, considered from every point ,
view, makes it seem that the Surest, 81
est and wiSeSt course to pursue is to ca
a special session of the legislature {,
the purpose OF amending the act so as
make it conform To the intention of II
legislature when passing il.
Respectfully,
F. ]. FEARNSIDE,
Chairman, State Democratic Executi,
Committee.