The Lakeland evening telegram., 1917-07-10
Ex-Goy. Gilchrist Writes
Of Suspensions Cats
Has Made And Latter's
Reasons For Same
Waycross, Ga, July 9th, 1917.

Editor of Evening Telegram:
The following data and informatlon
in relation to removals from once
NAV be of interest. From Sec TO-
Art. of the Constitution OF Floriaa'
"aIy appointive or elective ohicelS'
not liable to impeachment. may oe
suspended by the governor Tor ms
feasance. malfeasance, or neglect Oh
duty in office, commission OF 1eiohy'
drunkenness or incompetence anu
the cause of suspension shall be coM-
municated to the officer suspendeu
and to the senate at its next session
And the governor, by and with the
consent of the Senate may remove
any officer not liable to impeach-
ment. for any cause above named.
Every suspension shall continue un-
4 til the adjournment of the next ses
/ sion of the Senate. unless the of1lcer
4 suspended shall, upon the recommen-
dation of the governor, be removed;
but the governor may reinstate the
officer so suspended upon satisfac-
tory evidence that the charge OF
charges against him are untrue. II
the Senate shall refuse to remove, or
to take action before its adjourn
ment, the officer suspended shall re-
sumo the duties of the office. The
governor shall have power to fill by
appointment any office, the incum
bent of which has been suspended.
No officer suspended, who shall under
this section resume the duties OF his
or office, shall suffer any loss of sal
airy or other compensation in conse-
quence of such suspension The
governor, cabinet. supreme court and
circuit court judges are liable to i'm
peachment and not to removal.
Previous Removals
The subject of removal, including
the governors duties and RESPONSE
bilities are set forth in the case OF
Florida eX rel VS.. J. E. Johnson, 'in
the June Term, 1892, Both Fla. ]. E
Johnson Tax Collector of Duval Co.
had been removed by Governor
Fleming. The removal order set
forth that Johnson was guilty of neg
ect of duty in Office, in that on Sep
tember 3rd, 1892, few minutes after
12 midday, he refused to receive
money rendered him, the party being
named in payment for poll taxes "ol
note the payment of the poll taxes
of the said citizens for which the
same was rendered, whereby they
were denied the right of suffrage al
such general election That was the
last day for the payment of such tax
es. The State and County Election!
e were then held in October.
: Observe how specific were tn,
: charges of neglect of duty" tn,
e same as in an Indictment.
The following is from the aboy,
: mentioned decision of the Suprem,
! Court The constitution has mad
the senate the sole check upon an,
erroneous action upon his (the Gov
ernor's) part.
The provision that the Goyerno
: may reinstate, the officer so suspend
ed upon satisfactory evidence tha
: the charge or charges against hin
are untrue, was not intended t,
: merely give an arbitrary or willfu
discretion to the Executive to max,
inquiry or not as might please a ca
prce or prejudice. but it was both I,
secure to the suspended officer RI,
CONSTITUTIONAL right to be heard b,
the Governor upon the charges whicl
the latter has communicated n hin
upon suspending him. The duty O
the Governor on suspending an off.
Ger to notify him of the cause of III,
suspension is clearly set forth 9TH,
: nearing may be before or after III,
suspension 1t can not be denia,
that there may be cases in which n,
public interest suffer grieyous datr;
ment by postponing the suspensio,
until after the hearing
Cats Reasons
: The hearing contemplated is a fu,
and fair hearing. and often vii, ,o,,,
much time. 1t is always to be nra
sumed that he will not hesitate >,
reinstate at any time, at least in III,
recess of the Senate, where IL mo,
De shown that he has erred in III,
act of suspension This is contdoa ),
the conscience of the Executive ),
As to suspensions by the presen,
Governor. No hearings. or s.o,o
Ineht as to time. place or snao;s,
instances of the const;t,,;o