The Palatka news and advertiser. [volume] (Palatka, Fla.) 1908-19??, 1913-08-01
CITY ATTORNEYS
LEGAL OPINION
Puts the Legal Lore of Char
lie Burt and Frank Sands
On the Blink.

Hilburn & Merryday, Palatka's city
attorneys, have just issued the follow
ing legal opinion in connection with
the Palatka Heights Annexation Bill:
TO Whom 1t May Concern:
Our attention has been called to ar
ticles appearing in certain Palatka
papers, signed by Palatka Heights
Campaign Committee, wherein the
ridiculous contention is made that the
annexation bill is unconstitutional on
The ground that sixty days notice of
an intention to introduce such bill in
he Legislature was not given.
The provision of the Constitution
relative to the giving of such notice.
does not apply to municipalities. Mu-
inequalities never give such notice.
No such notice was ever given by the
City of Palatka relative to any law
that it ever had passed.
We quote from the case of Middle
ION VS. St. Augustine, reported in AZ
Florida Supreme Court Report at
page 287, the following:
Especial legislation affecting cities
under the Constitution of 1885 is not
controlled by the proviso of Article
;, Sec. 81; but may be enacted at any
session of the legislature and without
he notice required by such proviso."
AS matter of information to the
Palatka Heights Committee, whether
they wish to be informed or not, we
cefer to the following decisions of the
Supreme Court of Florida: Middle
ton VS. st. Augustine, AZ Florida 287.
% Florida 483. Ex parte Wells, Fl
Florida 280.
We note from the article by the
Heights Committee an insinuation
hat the5 City Attroneys of Palatka
knew that the annexation bill was un-
constitutional and for this reason they
supported it on the selfish ground that
it would be fought in the courts, and
that the City Attorneys would there
W increasing their business and make
money out of the, City of Palatka.
This either demonstrates that the au-
Ghors of these insinuatiohs are ex-
5remely ignorant or that they have
no regard for the truth, and are will
:ng to slander their fellow man with
he hope that they will mislead some
NOJCls II IlS lOl lllCI, ClCy Neiliiob NC
excused because the source of infor-
nation is open to all; and if the lat
ter, then they should be condemned,
because no man has right to lie or
to slander his fellow man. The City
Attorneys of Palatka are under con-
tract with the city to represent the
city in all litigation for a specified
salary. If litigation arises in which
The City of Palatka is party the City
Attorneys are compelled under their
contract to represent the City of Pa
atka without any compensation ad-
litional to their fixed salary. This
contract is a matter of record in the
City Clerks office, subject to inspec-
ion by any one. If, therefore, sell
ish motives alone should actuate the
City Attorneys, according to the logic
If the Heights Committee, the City
Attorneys would be opposed to rat
fcation Of the annexation bill.
The City Attorneys cannot possi-
by gain anything by ratification Of
his bill, except that they, as citizens
If Palatka will share with other cit
zens of Palatka in the benefits to all
IF our citizens that will come through
ratification of this law.
We challange the Heights Commit
Zee to produce an opinion from any
irst-class, reputable lawyer sustain
ng them in their contention that this
annexation law Is unconstitutional.
Messrs Axtel & Rinehart are the reg
ular attorneys of the Palatka Water
Works Company. Col. Fred T.
Myers of Tallahassee, for a valuable
consideration, opposed the annexation
ill in the Legislature. Of course all
IF these lawyers are interested in the
Palatka Water Works. We challenge
the Heights Committee to procure the
opinion Of either one of these attor-
leys sustaining their contention that
his annexation law Is unconstitu-
.ional on account of the failure to
give the sixty days notice.
Respectfully,
HILBURN & MERRYDAY
City Attorneys.
Palatka, July 31st, 1918.
We have examined the authorities
and concur in the foregoing legal
JULIAN C. CALHOUN,
. Municipal Judge,
HENRY STRUNZ,