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

HermanV
down and xonbie -
the interse& hurt 49,
gona stirred ;arden
been drive1 fck 81
striking TIL Fetch
rode, demoli whic.. wv
tain was az bicy 0 ith
s asss and r - - s.
COL. FLAaN
THE CAO M ,ps
CONTINUED IIEn0
foes. I fough&-E
and as a patriot essionsns
/ labored before estituton.
and for four weekt Courts
Court with the al supreme
the machinery of precMos
croaching, in my IRON en-
powers of the legia pom IT
writing, by iudicialAncn. ~
new section in the ST tion,
/ by do that which in Nd
never been done bsph
! granting the use of
damas to direct that to b nth
the court considered could
UNFAIRLY done, either by tho .tors
of election, or by the s;rc
boards, either jointly or sMT.f
without some order Of col me
court disagreed with me,
1t held that the action coul6rSef
voluntarily done, and directed is
suance of a writ Of mandaA Z
was displeased because from Nd
OF study | was convinced by theSai
ys1s of the law and of the deciIYl
that | was right. But under ourts
DRY of government, of which amy
ardent supporter, the decision of
court is not only right, but final d
no less right than final. Criticism
individual judges is both wholesoi
and proper. 1t is good for the judi
as an Individual and it is benefited
TO the state. just criticism is alwa,
permissible so long as it is Just al
parliamentary in its language. B
the court as court is that depar
ment OF government to which all pc
pie that have emerged from savarel
resort, is the best means of amicab
settling private and public difff
ences. Submission and obedience a.
respect is the imperative burden res
ing upon citizen of a governme,
like ours. With us it is impossib
Tor the court as a court whatever v
may say of its judges as individua
20 render either corrupt or wrpr
decision. This is the theory uot
which our government is based ar
upon which to be lasting it mu
stand. | have insisted upon this
all cases. Likewise I also fought
preserve the Constitution in the SCI
ate of 1911 and in assisting Govern,
Gllchrlst, following that session ,
the Senate, in the suit to enjoin Il
Secretary of State and ATTORNEY &c,
eral from placing upon the ticket Il
il-proposed constitutional amendnne,
on Initiative, Referendum and Reca
tne resolution concerning which hs
not, In my opinion, passed the legi
iature as required by the Constit,
tlon. And SO again at this time
am ambitious to support and defer
the Constitution as it is and not {
any individual or set of individual
would have it be. Last year I Wa
no more concerned, as I stated to Il
Supreme Court in the argument, wi,
the parties to the suit than I We
that both the court and the lawye,
should follow the Constitution ar
the laws as they were, regardless ,
personal opinions and campaie
speeches, and zealously see to it b
cautious analysis and action that tt
courts not under any circumstance
encroach upon the duties of anoths
department of government. Last yes
| did not want the judicial branch |
encroach upon the legislative brancl
In 1911 l did not want to see the e,
ecutive branch, through its Secretar
OF State and Attorney General, sui
NIT to the people a constitution,
amendment which had not bee
passed as the people through the:
constitution had ordained that
should be passed, and in order to DIR
clude this action as counsel and rer
resenting Governor Gilchrist, til
powers of the judicial branch we.
sought and which enjoined such az
ton. For the same reason, with n
sinister motive, I do not desire I
see one branch of government er
croach upon the powers and dutie
OF another, or to see one branch G
government fail or refuse to sta
reasonably within it's powers. Ever
duty and power of every department
should be faithfully executed. An
violation of this express mandate q
the Constitution by either branch, O
by any person acting officially.
either of them, must be obnoxious t
the instincts of an American either
Il cannot believe that any perso
who knows me would think for a mo
ment that l have ever failed to &C
In implicit obedience to the principle
of the Constitution as above STATED
Yet from various sources comes tn
unjust criticism that the Governo
has been badly advised and that
was one of his advisors. To be fai
to him and to the people and to my
self l am constrained to give to tn
press the full correspondence betwee,
the Governor and myself relative t
the suspension of Sheriff W. H. Dow
ling of T1T1uo1 arI g. 4