The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1913-02-20
r. p. Reese On the
Sernnes Charter
Continued from Page Two.)

= - 80 - ~
Sec II. In this section the Initiative
is taken up.
Twenty per cent of the voters Of the
city-that is, twenty per cent of the
number cast In the last general city
election, may petition the commission
ers to pass any ordinance proposed by
such petitioners, within two weeks the
commissioners must act and pass
such ordinance, or call an election for
the voters to vote for or against the
proposed law. If the commissioners
fail to act in the manner indicated,
that is. If they do not pass the law, Or
call an election and submit it to the
voters, it becomes law on the petition
as presented without an election.
The main objection to this is that it
opens a way for the board to shirk
responsibility and let a law pass by
default Interested parties could. on
petition OF twenty per cent of the vot-
ers who voted in the last municipal
election (Which number, voting in a
city election, as in the vote on com
mission government" held In last
December, could very possibly be a
minority of the city's voting popuIa-
tion) pass a law under the provision
of this section.
There is nowhere in the charter
(and as is here shown to be much
needed) any penalty against the COM
n1issioners for failure to act on petit
tions or other matters.
Another objection to this brand Of
Initiative, are the difficulties and OBJ
staeles in the way of the voter initial
ing or proposing ordinances. Notice
the petition for this, the Initiative, as
all petitions of the voters, providing
for the Referendum and the Recall.
First-The petition lin fact, all pc
titions provided by the proposed char
teri must contain the name of quail
fed voters, that is voters of the city
of Pensacola, qualified to vote in the
proposed election.
Initiative, Referendum or Recall
election, as the case may be.
Second-The petition must contain n
number of names, equal toItwenty per
cent of the number of votes cast in the
last municipal election. municipal
election meaning an election for choos-
ing a commissioner.
Third-This petition must be submit
ted to the clerk of the circuit court,
for him to say if the petition meets
the requirements of the charter. The
clerk has ten days to pass upon the
petition.
Fourth-If he says it docs not-the
petitions are given ten days to remedy
the defects in the petition.
Fifth-when the petitioners present
the petition to the clerk the second
time, he may take ten days to pass
upon this second petition and may
turn them down again, etc. etc.
Sixth-His decision on the sufficien
ey of the petition, or petitioners under
the charter, is final.
Seventh-By the charter the clerk is
made the sole judge Of the suffciency
of the voters petitions for Initiative,
Referendum and Recall.
In Analysing the sections of the
proposed charter on the Initiative,
Referendum and Recall, and the man
ner of putting these supposed great
powers reserved to the people, in mo-
ton, we must examine and read sec
ton IA, the Initiative section, section
II, providing for the Recall, and sec
tons Is, 80 and 80, providing for the
ACKNOWLEDGEMENTS with sections IL,
18 and 20-a very difficult matter for
any one to do and understand but a
lawyer.
From these it will be found that the
Initiative. Referendum and Recall in
this charter is q phantom-a thing
without substance-high sounding
terms, to catch the unwary and trust
ing voter.
Sec. Is. The section defines how
franchises may be granted. Fran
chises to corporations may be granted
by the commissioners at any time, but
shall not be effective until after thirty
days advertisement of the franchise, it
shall then be effective, unless the
voters present a petition signed by
qualified voters, one for every three
hundred inhabitants of the city or
fraction thereof according to the last
federal census, to be fled with the
board Of commissioners.
Then an election shall be held to
pass upon the granting of the fran
chise-proVided those asking for the
franchise deposit the cost of the cleo
ton. If those asking the franchise fail
to deposit the money for holding the
election, the ordinance granting the
franchise shall not be effective.
The expense of advertisement of or
dinance and of election, if held, must
be paid by persons asking the fran
chlse. and such payment must be
noted in the record and minute book.
and unless this is done the grant is
invalid.
The applicant for the franchise
may withdraw the application when
he sees an election is going to be held.
and may ask and obtain suspension
of the ordinance ETC., until the next
municipal election, and submit the
franchise at such election.
If the vote in the election be against
the grant, the commissioners are re-
quired to pass an ordinance annuIIing
the original grant.
Questions here are pertinent.
i. Why pass the ordinance before
advertisement?
q Why require the people to incur ex-
pense and run the gauntlet of getting
up a petition, which may not be got
ten up to meet the requirements?
3. Why should the people, who own
these rights and privileges, be re-
quired to take steps and surmount
inuunerable obstacles to protect their