The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1919-08-12
City Solons May Decide Fate
of Movement to Revert to
Aldermanic Form Next
Monday.
FLAWS ARE FOUND
IN PETITION LISTS
City Attorney Gives Legal
Views on Proposition in
Lengthy Communication
to City Commissioners.

Upon the advice OF Attorney John
B. Jones. the board of city commits
sioners- yesterday afternoon deferred
action until next Monday on issuing
a special election call to determine
whether or not Pensacola shall re-
vert to the old aldermanic method OF
government. 'te*t.-.
Reasonable doubt as to the legal
ity of any change in the form of city
government. as requested in the petit
tion, submitted by James Macgibbon.
clerk OF the circuit court, is given as
the grounds for objections made to
a hasty decision.
Flaws fare found in the petition due
to the fact that in reither the clerks
certificate nor the accompanying petit
ton are addresses OF the voters given.
Mr.. Jones further says that the
Statement in the certificate that the
petition is signed by a sufficient num-
Der of qualified voters is not equiva-
lent to the fact necessary to be certi-
fled" and does not comply with the
provisions of the law under which
authority to call an election IS
claimed.
The following communication, ad-
dressed to the commissioners by the
! city attorney, gives in detail his
election call:
Honorable Board OF Commissioners, q
City Of Pensacola.
Gentlemen: - = E ts-s -.
Complying with your request for my
legal advice on the enclosed communi-
cation of Jas. Macgibbon. clerk OF the
Escambia county circuit court, and
attached petition of qualified voters, /
give the following opinion and advice:
Pursuant to section 40, chapter
6746. laws OF Florida of 1918. known
as the commission government char
ter, said petition certified by the
clerk of the Escambia county circuit
court requests the board Of commits
sioners to order special election and
to submit to the qualified voters OF
the city the propositions:
Shall the city OF Pensacola aban-
don it's organization under the provis-
ions Of law providing a commission
form of government and assume its
former aldermanic form of govern
ment?'
In deciding whether the board of
commissioners should order the elec-
tion petitioned for. it must first be
determined that said section forty 400
is legal and not repealed by any SUBJ
sequent legislative act. 1t is my opin-
ion that said section forty (40) was
constitutionalIy and legally enacted
and is still valid unless its repeal has
been effected by the enactment by the
legislature of 1915 OF chapter 6940.
known as the "home rule charter act,
In line with the contentious that /
have consistently made that provfs-
ions of special acts applicable to the
city of Pensacola are not repealed by
subsequent general laws. and, after
most careful consideration Of. the
question in all its phases I am OF the
opinion that said section forty (40)
has not been SO repealed. But in
view of the court decisions herein
after referred to. and dNconsidering the
circumstances affecting the question,
there are reasonable grounds for diff
ference of opinion and cannot be
confident that the courts would sus-
tain my opinion.
The supreme court of Florida has
decided in several canes that under
the provisions of the constitution OF
the state of Florida, general laws do
not repeal by implication special laws
relating to the government Of city.
City of Tampa VS. Prince 5s So 5l2
Sanders vs Howell ~ So SO2
The latter case involved the validity
of the city of Pensacola ordinances
imposing hcenSe taxes on milk ven
dors. and the court in it's opinion after
stating the wei established rules. re-
lating to the repeal Of prior special
laws by subsequent general laws. re-
affirmed its holding in Ferguson w
Mcdonald. SO So 9l5.
Where there are valid local or
special laws relating to the powers
and government Of particular munici-
palifies that are in conflict with the
general statutory law, such local or
special laws prevail"
On petition for rehearing in this
case, the court said:
The construction in this case was
controlled by the state constitution.
and as the general law did not ex-
pressly refer to or repeal any exist
ing law by the mandate of the or