The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1917-11-18
COL. FLOURNOY ON
THE CATS LETTERS
(Con+;n,ad From First Page)

affect the power of the Governor to
suspend. The power to suspend as
distinguished from the power to APP
point is give nand controlled by Sec
ton Is, Article ", of the Constitu-
ton This section of the Constltu-
tion for grounds therein stated au-
thorizes you TO suspend all Officers
who are not liable TO impeachment
and requires that every suspension
shall be communicated to the offlcer
suspended and to the Senate at its
next session. The appointment may,
or may not, be by and with the con-
sent of the Senate, and unless this
is prescribed by the statute the ap-
pointment would not be referred to
TIE Senate, but in the case of sus-
pension every suspension of every Of
ficer. "Shall be communicated to the
'ficer suspended and to the Senate
IS next session" No matter how
tinted the suspension, together
the cause upon which tie sus-
on is based, shall be sent to the
ar suspended and to the Senate
next session.
he power Of the Governor under
section of the Constitution is
led to Suspension and not to re-
oval, and the suspension continues
Until the adjournment of the next ses-
sion of the Senate unless the officer
suspended shall upon the recomenda-
tion of the Governor be removed. Ii
the Senate shall: 1, refuse to remove;
2, or fail to take action before ad-
journment, the officer suspended
shall resume the duties of the office,
and in either If these two events the
officer shall suffer no loss of salary,
,f tn
suspension. And the power of the
Executive to remove is limited to
conducts4of the officer during his cur
rent term.
/ am of the view, therefore, that
whether the officer is appointed by
and with the consent of the Senate,
or otherwise, that in either event his
suspension shall be for one of the
causes mentioned in Section Is, Ar
ticle ~ of the Constitution, and that
the Governor is required to send such
suspension, together with the cause,
to the next session of the Senate and
that the spirit and purpose of both
the statutes and this section of the
Constitution are clearly expressed to
the effect that there shall be no sus-
pension of any officer, whether elect
ed or appointed, and whether ap-
pointed by and with the consent of
the Senate, or otherwise, except for
cause, and that before removal will
be authorized the Senate must pass
upon the cause of the suspension and
concur with the Governor thereupon.
With the above suggestions as to
the construction of the statute and
Constitution, l think he power, au-
thority and the duty of the EXecu-
tive are clearly explained. The courts,
in passing upon such matters, will
be CONCERNED only with your power
and will have nothing to do with
your duty. The only body authorized
to pass upon the duty of the Gov
ernor as distinguished from his
power would be upon a hearing in
impeachment proceedings. The trial
body upon impeachment proceedings
would be authorized to consider both
your power and your duty as the
Chief Executive, and any violation
of either would be considered as
grounds for impeachment. The Su-
preme Court in the Sind Florida re-
fers to this distinction.
My experience at the capital re-
Gently has impressed me strongly
that you are being imposed upon by
your friends; that is, by those who
claim to have supported you in your
campaign for Governor. If they are
your real friends, they will ask you to
consider them for office only when
there is a vacancy. They cannot con-
sistently ask you to create a vacancy
for them. If they served you sim
cerely as your political friends during
your campaign, they did it because
they We're your friends, and friends
to good government and certainly not
with the hope of being by you re-
warded, either personally, or from
the public treasury by removing other
persons and appointing them that
they might draw the salary, or other
wise. This is and must be the posi-