The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1917-11-18

Non ~ the real friend, and the fan
| ciad friend needs only to be carefully
Guarded lest you might be led into
making q mistake seriously affecting,
not only you as the Executive, but
Also the very fundamental principles
upon which our fabric Of government
| is built.
| Segregated from any personal ref
erence, take, for instance, the hotel
commissioner. Section 1, Chapter
1852, authorizes the appointment OF
the hotel commissioner in the follow
| ing language:
"The Governor shall appoint ho-
tel commission, who shall serve for
! term of four years
/! The intent and purpose of the leg
islature is thus clearly expressed to
the effect that the appointment shall
I be made by the Governor and that
his term of office shall be four years.
There is no power OF suspension OF
officers as distinguished from mere
employees, or agents, lodged with any
! other person than the Governor. A
person is an officer if the statute
places upon him any power Of gov
eminent, without which he is a mere
agent or employee. If the former,
ne can be removed only by the Gov
ernor; while if the latter he may be
removed by any person, or board. or
otherwise, as may be provided by
statute. If an officer, he may be
suspend, but such suspension extends
only to the adjournment of the next
session of the Senate, and the officer
suspended is reinstated either by the
neglect of the Senate to act upon the
suspension, or by the refusal Of the
Senate to agree with the Governor
on the suspension, and he is entitled
to have no loss of either salary, or
compensation. Under this analysis,
the hotel commissioner would be en-
titled to be reimbursed for his salary
for the time of his suspension, unless
he is removed for cause.
/ have given you above my analy-
sis of the legal status which controls
the appointment and suspension of
officers. Upon the question of pol
icy, think you and will both agree
/. that there should be no suspension Of
any officer except for cause and such
cause should be a cause mentioned in
Section Is, Article ", of the Consti-
tuion, without which cause the Gov
ernor has no power to suspend. Upon
this question of policy, also, all of
your real friends must agree. Other
wise, they would be in the position
of asking you to do violence to both
the statute and to the Constitution
in order that they might be rewarded
the part of a real friend is to me in
conceivable. The value of real friend
ship is Unreasonable. It certainly
is not to be measured when we stop
to think of our responsibility as citi-
zens to our government by the salary
of the office. Such would make friend
ship depend upon revenue only. I'm
der these conditions, would not con-
slider for a moment who should be
appointed to succeed a present office !
holder until both charges and speci- |
fications had been filed against the
officer and an opportunity given to
be heard. After fair trial and con-
sideration, if I considered that the |
officer should be suspended, I would |
suspend him, regardless of what ac-
ton might be taken by the Senate at |
it's next session. If, however, the Of
ficer explained satisfactorily his con-
duct, or if there was any doubt about |
his conduct, / would give him the !
benefit of the doubt, and thus save !
not only to the officer his rights. but |
also save to the state the payment of /
two persons in the event the Senate |
either neglected to take action or re- !,
fused to concur with you upon the |
suspension.
After the suspension upon the con-
sideration above suggested, then the |
question of who shall be the appointee |
should be considered, And then
efficiency" should be the watchword.
Your real friends cannot raise any
objection to the above considerations.
l have written you thus at length
as to the legal status of present of
flee holders and the power of the
Governor to suspend, which is con-
slstent with my suggestions to you
while l was with you recently at Tai
lahassee, and also upon the question
of policy because of my desire to
give you every possible assistance to
avoid mistake or an act which would
be inconsistent with your powers and
duties as the Chief Executive, upon
whom rests the burden to see, not
that your political friends are re-
warded, but that the laws are faith
fully executed. In this position you
will be true to yourself and to your
friends and to the Constitution.
Feel at liberty to command me
when / can serve you.
l am your sincerely,
WIN. w. FLOURNOY.