The Pensacola journal., 1913-02-20

repealed by the commissioners, even
should the voters vote against 1t.
These franchises-in fact, all pub
lie franchises-in the opinion of the
writer, should be submitted to the
voter in an election at the city's ex-
penEe, without qualification, except
that those participating in the cleo
tion are qualified voters, to say on
what terms the grant should be made,
and further, all grants and privileges
for the use of the pubic ways or
streets, for private use or profit, should
be granted on terms of rental for the
user, the city reserving the right to
purchase water. lighting and street
car systems and such others as may
be found to be to best interest of the
city to own.
9. II the people do not act within
the thirty days the advertisement is
running, or should fail to get proper
petition presented in that time, then
the grant. as made by the two-man
government stands.
I Sec. 16. Provides that no franchise
shall be granted, except on condition
that at the end of fifteen years the
city may terminate the franchise and
buy the property upon paying for same
upon physical valuation; provided that
20 per cent Of the qualified tax-paying
voters shall petition to do so, and in
the election the majority Of the tax
paying voters voting in such election,
shall vote to do SO.
The principal objection to this is
that it obligates the city to take over
the property, although it might be to
the best interest of the city to construct
a new plant.
End. That because such a franchise
is construed to be a contract. it would
prevent the city from building, &C
quiring or operating a similar plant
within the fifteen years, or during the
life of the franchise granted.
3rd. Why should the city be tied
UP in any such way? Who is bene-
fitted, the people or the private cor
porations?
If the city should buy, the value Of
fixed by arbitration, and to be based
on value Of the physical properties.
Sec II. Here have the pro-
vision for recall of the commissioner
and the method and operation of that
recall.
This section provides that the quail
fed voters may petition and the cir
cult clerk shall pass on the sufficieney
of the petition or petitions and the
qualifications of the voters signing
same, and if he finds it insufficient
he will note his objections on the Pc
tition opposite the names of the signers
within ten days from the time the
petition is filed, and within ten days
thereafter the petitioners may, if they
can, rectify and secure additional
names, then present again to the clerk,
and if it is found sufficient he will
certify to the commissioners, who will
call an election if the commissioner,
that is sought to be recalled, does not
resign by the next meeting.
Sec. IS. Is read in connection with
this section, and also section 20 should
be read in connection with this section,
as also section IA, which is the sec
ton we have heretofore discussed, and
applies to the initiative or the right
and manner in which the voters may
initiate and demand the passage of
ordinances.
Taking up section 1S, we find that
this section provides for the manner
of getting up petitions by the voters
on the initiative, the referendum and
the recall. 1t provides that no person
but a qualified voter shall sign any
petition-that is, he must be qualified
at the time he signs the petition.
No person shall sigl the name of
another to petition.
And no person shall sign more than
one separate instrument as a petition
for any single purpose, and a violation
of this shall constitute a nisdemeanor
and be punished as such.
Sec 20. Should be taken in connec-
ton with the two foregoing sections
that is, sections II and 1S-and pro-
vides that the circuit clerk shall keep
G book to record all papers, that is, pc
titions, etc, that are filed with him
by the voters, should they invoke the
initiative, the recall and the referen-
dunn, as provided in the proposed
charter: and it also provides that the
clerk shall receive for the recording
Of such papers the compensation al
lowed by law for similar services,
and he shall also receive a fee of SO
cents for each one thousand 0,000) of
reputation of the city, according to
the then last Federal census, tor ex-
amining such petition for vote on
any measure and referendum vote or
recall of the commissioner.
Objections to these sections, pro-
vlding the so-called initiative, refer
endum and recall, are SO patent that
l. seems superfuous to discuss the
matter, but the principal objections as
will be noticed are:
1st That the clerk of the circuit
court is given the power to pass upon
and deny petitions. He is made the
final judge of the qualifications of the
voters.
End. Qualifications of voters who
sign a recall petition. In addition to
the requirement, as provided by Sec
ton 1S C'That no person but a quail
fed voter shall sign any petition pro-
vided for under this act,'O the recall
petition must contain at least 20 per
cent of the voters who were qualified
to vote for commissioner at the last
preceding city election. 1t is highly
Objectionable that this double qualif1-
cation is required of those who may
desire to sign the recall petition-Bear
IL. mind the commissioners each hold