The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1914-10-20

and IN the face OF each bond it is
stated: this bond Is one of series
of BOB of the denomination Of 81 900
each, numbered from 1 to 300 in
elusive, aggregating s3O5. 900, known
as the bonds for public improve
ments.'
The ordinance consists of 20 sec
tdons, and it is useless to refer to
each section, but suffice it to say
that there is not the slightest sug-
gestion or intimation that it seeks to
provide for any other sum than
1905 900 to be appropriated to the
combined purposes in the respective
amounts specified therein. This or
dinance is not published with the
mayors proclamation, and i doubt
IL but few of the citizens are familiar
with its provisions.
The mayors proclamation pur-
sues the ordinance and calls an
election ito determine whether or
not the said City of Ocala shall is
sue bonds to the amount of $685.
OOO." 0Here follows the purposes
and amount to be distributed or APP
propriated to each.)
/ have attempted to demonstrate
that the radical dnfrmity is in the
ordinance itself. If this be true
and no one who has given it thought
full and serious consideration can
doubt it-no remedy seeking to pro-
vide for vote on each PROPOSE ion
or purpose mentioned can be effect
ual without a change in the or
dinance, and such change cannot be
made by a resolution or by preScrib-
ing a form of ballot not contemplate
ed by the ordinance
ANY question submitted to be vot-
ed upon not directed by the ordi-
nance to DE so submitted would be a
mere superfuity, and any ballot pre-
pared based upon questions not di-
rected to be submitted would be a
mere straw ballot indicating how
the elector might have voted under
a proper ordinance directing the sub
mission of such question to be voted
slpon.
The ordinance constitutes the pat
tern, and all subsequent steps, such
as the call for the election, the bal
lots, and returns, must conform to
the pattern The only question di-
rected to be submitted to the voters
is whether or not bonds shall issue to
the amount of $3O5, 900. The pur-
poses and the amount to be appro-
priated or distributed to each, are
set forth in and are governed by the
ordinance IF the ballot should be
so framed as to admit of vote up
on each purpose separately, and If a
majority of the vote should
be in favor of one purpose,
and opposed to the others, no
bonds co Id lawfully be issued based
upon such result for the reasons
hereinbefore stated The voter can
NO more change the terms and con-
ditions of the ordinance under which
the election is called than can the
council now submit ito the voters
questions not directed to be SO sub
mitted by the ordinance.
state the following as sound
propositions, and do not think they,
or either of them, can be seriously
controyerted:
L.. The question to be submitted
is defined by the ordinance, and DO
other questions can be lawfully sub
mitted and voted upon.
2 No bonds can lawfully be au-
thorized under the ordinance for one
of the purposes mentioned to the ex-
clusion of the others.
8. The vote is confined to the
question as to whether or not bonds
are authorized to the amount of
$305, 900, and no greater or lesser
amount can fbe authorized under the
ordinance.
A. The amount sought to be au-
thorized is punched, and the pur-
poses are punched. and neither can be
dissolved or unbunched except by
ordinance. It cannot be accom-
pIished now either by resolution or
ballot device.
If the council feels that it is wise
from the standpoint of legality, ex-
pediency, or policy, that each propo-
sition should stand or fall as measur-
ed by its own merits. and that bonds
should be authorized for a part, If
not for all, respectfully suggest
fbhat this feature can only be accom-
plished by Withdrawing the cali for
the election. disseminating the pub
location, and enaeting new ordi-
nance so drawn as to accomplish
the desired result The expense so